Presence Manager Terms of Service

These Presence Manager Terms of Service (these “Terms”) are an agreement between CivicBubble Inc., a Georgia corporation (“CivicBubble,” “we,” or “us”), and the civic group or organization that subscribes to or uses Presence Manager™ (“Customer” or “you”).

Presence Manager gives a civic group or organization a public presence in the CivicBubble app and on the web, with members, groups, and alerts. These Terms apply to every Presence Manager plan.

They do not apply to Command Center™ subscriptions, voter data, canvassing, or voter CRM features. Those are governed by the Command Center Terms of Service and, where voter data is included, the Voter Data & Political Services Terms. If your account is upgraded to Command Center, those documents replace these Terms from the date of the upgrade.

1. Acceptance and Authority

1.1 How you accept

You accept these Terms by completing a purchase or starting a trial through Stripe Checkout or a CivicBubble pricing table, by clicking to accept, or by accessing or using Presence Manager. The date you first accept is the “Effective Date.”

1.2 Who is bound

If you accept on behalf of an organization, you represent that you are authorized to bind it, and “Customer” means that organization.

1.3 Identity is verified before publishing

CivicBubble reviews each new presence before it is first published and may ask for reasonable proof that you represent the organization you claim. We may decline, delay, or unpublish a presence, or require a new review after a change to its name, organization type, or party designation, if we cannot reasonably confirm that claim.

2. Definitions

“App Users” means the people who use the CivicBubble consumer app or website, including people who follow, favorite, or interact with your presence. App Users are CivicBubble’s users under CivicBubble’s own app terms and privacy policy; they are not your customers or members unless they separately join your organization.

“Authorized Users” means the people you allow to manage your presence and account, such as officers, staff, and volunteers.

“Civic Data” means the elections, contests, candidacies, districts, officials, and other civic information that CivicBubble compiles from official government sources and displays in the Services, including the election and candidacy records a Campaign Page is attached to.

“Customer Content” means the text, images, logos, links, events, news items, alerts, and other material you or your Authorized Users post, upload, or publish through the Services.

“Customer Data” means member or supporter rosters, group lists, contact information, and other information about your own members, supporters, and contacts that you supply to or create in the Services. Customer Data excludes Civic Data, information about App Users that CivicBubble collects through the app, and Service Telemetry.

“Plan” means the subscription plan you select at Checkout, including its price, billing interval, any free trial, and the features CivicBubble publishes for that plan. The Plan and the resulting Stripe subscription record are the complete statement of what you purchased; no separate order form is required.

“Services” means Presence Manager as described in Section 3, together with the account, member, alert, and billing tools that come with your Plan. Features described as optional, planned, beta, or available on another plan are not included unless your Plan includes them.

“Service Telemetry” means de-identified or aggregated usage, performance, and diagnostic information generated by operating the Services that does not identify you, an Authorized User, or an individual.

“Subscription Term” means the period your Plan is in effect, including any renewal period.

3. The Services

3.1 What you get

Depending on your Plan, the Services let you build and publish a public presence in the CivicBubble app and on a CivicBubble web landing page; maintain a member roster and groups; publish members-only content; send banner alerts and push notifications to your members through CivicBubble’s notification system; and manage billing through the Stripe customer portal. CivicBubble’s app directory, listing, and civic-data display are part of the Services and are the ordinary way your presence is shown to App Users.

3.2 What you do not get

Presence Manager does not include voter-registration data, voting history, modeled voter intelligence, voter CRM, canvassing tools, or any Licensed Territory. Those are Command Center features and require the Command Center Terms and the Voter Data & Political Services Terms.

3.3 Non-partisan platform; no endorsement

CivicBubble is a non-partisan civic platform. Listing, publishing, or verifying your presence is a technology service and is not an endorsement, sponsorship, affiliation, or support of you, any candidate, party, committee, position, or viewpoint. CivicBubble displays organizations and campaigns across the political spectrum on equal terms.

3.4 Service changes

CivicBubble may improve, modify, add, replace, or discontinue features in the ordinary course of product development, and may change the features included in a Plan on at least thirty (30) days’ notice. Some features depend on the version of the CivicBubble app that App Users have installed and may not appear for every App User at the same time.

4. Customer Content

4.1 You own it; we display it

You retain ownership of Customer Content. You grant CivicBubble a non-exclusive, worldwide, royalty-free license to host, store, copy, reformat, display, distribute, and transmit Customer Content — including your name, logo, and trademarks — through the CivicBubble app, website, notifications, previews, search results, and directory listings, and to App Users, for the purpose of operating, promoting, and improving the Services during the Subscription Term and for the retention periods in Section 12. This license is what allows your presence to appear in the app.

4.2 Your representations

You represent that you have the rights needed to publish Customer Content and that Customer Content complies with applicable law and these Terms.

4.3 Content standards

Customer Content must not:

• impersonate any person, organization, campaign, or government body, or misrepresent who you are;
• contain false or misleading statements about voting procedures, eligibility, dates, locations, or methods, or otherwise interfere with any person’s right to vote;
• harass, threaten, defame, or unlawfully discriminate against any person, or incite violence;
• infringe any copyright, trademark, privacy, publicity, or other right;
• contain malicious code, spam, or unauthorized commercial solicitation; or
• include Social Security numbers, payment-card numbers, government ID numbers, health information, or other sensitive personal data.

4.4 Political and campaign disclaimers

You are solely responsible for any “paid for by,” sponsorship, authorization, or other disclaimer that federal or Georgia law requires on your Customer Content, alerts, and notifications, and for any campaign-finance, election-law, or reporting obligation that arises from your use of the Services. CivicBubble does not determine whether a particular item must carry a disclaimer or be reported.

4.5 Review, moderation, and removal

CivicBubble may review Customer Content before or after publication and may refuse, unpublish, edit for technical conformity, or remove Customer Content that CivicBubble reasonably believes violates these Terms, applicable law, app-store policies, or the rights of others, or that creates a risk to CivicBubble, App Users, or other customers. Where reasonably practicable we will notify you and give you an opportunity to correct the issue. CivicBubble has no obligation to monitor Customer Content.

5. Customer Data and Members

5.1 Your data

As between you and CivicBubble, you own Customer Data. You represent that you have the rights and permissions needed to provide it and to direct CivicBubble to process it. CivicBubble will host, process, and display Customer Data only as reasonably necessary to provide, secure, support, and administer the Services, comply with law, or follow your instructions.

5.2 No cross-customer use

CivicBubble will not sell, license, disclose, or pool Customer Data, or use it for the benefit of another customer. Customer Data is private to you by default.

5.3 Members and members-only content

When you add a person to your roster, the Services may link that person to their CivicBubble account by email address so they can see your members-only content in the app. You are responsible for having the authority to add people to your roster and to send them alerts and notifications, and for honoring their requests to be removed.

5.4 Alerts and notifications

Alerts and push notifications are delivered through CivicBubble’s shared notification system, which applies platform-wide rules such as quiet hours, frequency limits, and App User notification preferences. CivicBubble may suppress or rate-limit sending to protect deliverability, App Users, or other customers, and does not guarantee delivery, open rates, or engagement. You are responsible for the legality and content of what you send.

5.5 Export

During the Subscription Term and for thirty (30) days after it ends, you may export your Customer Data using the Services’ standard export tools or by requesting a standard-format export reasonably available from CivicBubble.

6. App Users, Civic Data, and CivicBubble Data

6.1 App Users

Information CivicBubble collects about App Users — including who follows or favorites your presence, where they live, and how they use the app — is collected under CivicBubble’s own privacy policy and belongs to CivicBubble. The Services may show you aggregate or de-identified engagement information; the Services do not give you App Users’ personal information except what an App User chooses to share with you through a feature (for example, by joining your organization or signing up for an event).

6.2 Civic Data

Civic Data is compiled from official government sources and may contain errors, omissions, or delays. CivicBubble does not warrant its accuracy or timeliness.

6.3 CivicBubble’s rights

CivicBubble and its licensors retain all rights in the Services, the CivicBubble app and website, Civic Data, engagement analytics, Service Telemetry, software, designs, templates, block layouts, and all related intellectual property. Except for the rights expressly granted in these Terms, no rights are transferred to you. CivicBubble may use Service Telemetry for security, operations, analytics, and product improvement.

6.4 Feedback

If you send ideas or feedback, CivicBubble may use them without restriction or payment, but will not publicly identify you as the source without permission.

7. Upgrading to Command Center

Command Center is CivicBubble’s full organizational platform. Upgrading is a plan change on the same account: your organization, members, groups, content, and followers carry over unchanged. From the date of the upgrade the Command Center Terms of Service and, where voter data is included, the Voter Data & Political Services Terms replace these Terms.

8. Plans, Trials, and Billing

8.1 Payment through Stripe

Fees are charged automatically to the payment method you provide at Checkout, through CivicBubble’s payment processor (Stripe), at the start of each billing period — or, if your Plan includes a free trial, when the trial ends — until you cancel. You authorize those recurring charges. CivicBubble does not store your full payment-card details.

8.2 Free trials

A trial converts to a paid subscription at the price shown at Checkout unless you cancel before the trial ends. CivicBubble may limit trials to one per organization or campaign and may change or withdraw trial offers at any time for new signups.

8.3 Renewal, plan changes, and cancellation

A monthly or annual Plan renews automatically at the end of each billing period. You may change plans or cancel at any time through the Stripe customer portal in the Services or by contacting CivicBubble. Cancellation takes effect at the end of the then-current billing period; you keep access until then. Plan changes take effect as shown in the portal, with proration handled by Stripe.

8.4 No refunds

Fees are non-refundable and there are no refunds or credits for partial periods, unused features, or downgrades, except as expressly stated in these Terms or required by law.

8.5 Failed payments and suspension

If a charge fails, Stripe will retry it and CivicBubble may notify you. If payment is not cured within a reasonable period, CivicBubble may suspend or unpublish your presence after notice, without waiving the amounts owed, and may cancel the subscription.

8.6 Price changes and taxes

CivicBubble may change Plan prices on at least thirty (30) days’ notice; the new price applies at your next renewal after the notice period. Fees exclude applicable sales, use, or similar taxes, which you are responsible for unless a valid exemption is on file.

8.7 Who pays

If a sponsor or parent organization pays for your Plan, the sponsor is responsible for payment, but you remain the Customer and are bound by these Terms.

9. Accounts and Acceptable Use

9.1 Account security

You are responsible for your Authorized Users, for keeping credentials confidential, and for promptly telling CivicBubble about suspected unauthorized access.

9.2 Restrictions

You will not, and will not permit anyone to: (a) resell, sublicense, or commercially redistribute the Services; (b) reverse engineer or attempt to derive source code or nonpublic data; (c) scrape or bulk-extract Civic Data or App User information; (d) circumvent access or security controls; (e) use the Services unlawfully or to infringe third-party rights; or (f) interfere with the integrity or security of the Services.

10. Confidentiality, Privacy, and Security

Each Party will protect the other’s nonpublic information that should reasonably be understood as confidential, use it only under these Terms, and disclose it only to those with a need to know who are bound by similar obligations, or as required by law after notice where permitted. CivicBubble maintains commercially reasonable safeguards designed to protect Customer Data and will notify you without undue delay after discovering a confirmed unauthorized access to your Customer Data in CivicBubble’s systems. CivicBubble’s handling of personal information is described in its Privacy Policy.

11. Suspension and Termination

11.1 By you

You may cancel as described in Section 8.3.

11.2 By CivicBubble

CivicBubble may suspend, unpublish, or terminate your presence or account immediately if CivicBubble reasonably believes you have materially breached these Terms, your use is unlawful or harmful, your identity or authority cannot be confirmed, or continued service would expose CivicBubble, App Users, or others to material risk — with notice where reasonably practicable. CivicBubble may otherwise terminate on thirty (30) days’ notice, in which case CivicBubble will refund any prepaid fees for the period after termination.

11.3 Effect

On termination your presence is unpublished, access ends, and accrued fees remain due. Section 12 governs what happens to your content and data.

12. Retention After Termination

For thirty (30) days after termination you may export Customer Data under Section 5.5. After that period CivicBubble may delete Customer Content and Customer Data from active systems, subject to routine backups and legal retention obligations. Civic Data, App User information, Service Telemetry, and CivicBubble’s own records of your account remain CivicBubble’s.

13. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES AND CIVIC DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIVICBUBBLE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CIVICBUBBLE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY LISTING, ALERT, NOTIFICATION, OR CAMPAIGN ACTIVITY WILL REACH A PARTICULAR AUDIENCE OR PRODUCE A PARTICULAR RESULT. CivicBubble provides technology, not legal, tax, accounting, or campaign-finance advice.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, DONATIONS, VOTES, BUSINESS OPPORTUNITY, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO CIVICBUBBLE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS ($100). These limits do not apply to your payment obligations, your indemnification obligations, your breach of Section 4.3 or 9.2, or either Party’s fraud or willful misconduct to the extent liability for it cannot lawfully be limited.

15. Indemnification

You will defend, indemnify, and hold harmless CivicBubble and its officers, directors, employees, and agents from third-party claims, damages, penalties, costs, and reasonable attorneys’ fees arising out of Customer Content, your alerts and notifications, Customer Data, your violation of law or third-party rights, or your breach of Sections 4, 5, or 9. CivicBubble will give you prompt notice of a claim and reasonable cooperation; you may not settle a claim in a way that admits fault by, or imposes obligations on, CivicBubble without CivicBubble’s written consent.

16. Changes to These Terms

CivicBubble may update these Terms. For material changes, CivicBubble will give at least thirty (30) days’ notice by email to your account address or by notice in the Services before the change takes effect. Continuing to use the Services after the effective date is acceptance of the updated Terms; if you do not agree, cancel before that date. Changes that reduce CivicBubble’s obligations or increase yours do not apply to a prepaid term already purchased until it renews or is purchased again. Each version is dated at the top of this page.

17. General

17.1 Dispute Resolution; Arbitration; Class Action Waiver

(a) Talk first. Before starting arbitration, a Party will send the other Party written notice describing the dispute, and the Parties will try in good faith to resolve it for thirty (30) days.

(b) Binding arbitration. Except as provided in (d), any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules before a single arbitrator. The arbitration will be seated in Cobb County, Georgia; hearings may be held by video conference, and claims under $25,000 may be decided on written submissions. The Federal Arbitration Act governs this Section. The arbitrator may award any relief a court could award to the individual Party, and judgment on the award may be entered in any court of competent jurisdiction. Each Party bears its own attorneys’ fees unless the arbitrator finds a claim frivolous or awards fees under applicable law.

(c) Class action waiver. EACH PARTY MAY BRING CLAIMS ONLY IN ITS OWN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court under (e), not in arbitration.

(d) Exceptions. Either Party may bring an individual action in small-claims court, and may seek injunctive or other equitable relief in court to protect its intellectual property, Confidential Information, or CivicBubble Data or to stop unauthorized access or misuse. CivicBubble may bring an action in court to collect unpaid fees.

(e) Governing law and venue. Georgia law governs without regard to conflict-of-laws rules. For any matter not subject to arbitration, the state or federal courts located in Cobb County, Georgia have exclusive venue, and each Party consents to jurisdiction there. To the extent permitted by law, each Party waives trial by jury.

17.2 Notices

Notices to you may be sent to the email address on your account. Notices to CivicBubble may be sent to info@civicbubble.com unless CivicBubble designates another address.

17.3 Assignment

You may not assign these Terms without CivicBubble’s written consent, except to a successor organization that assumes your presence and agrees to be bound. CivicBubble may assign these Terms in connection with a merger, reorganization, financing, or sale of its business.

17.4 Independent parties; no third-party beneficiaries

The Parties are independent contractors. These Terms create no rights in any third party, including Authorized Users, members, App Users, voters, candidates, or other CivicBubble customers.

17.5 Force majeure

Neither Party is liable for delay caused by events beyond its reasonable control, including internet, cloud, app-store, or third-party service failures, except that this does not excuse payment of accrued amounts.

17.6 Entire agreement; severability; waiver

These Terms, your Plan, and CivicBubble’s Privacy Policy are the entire agreement about Presence Manager and supersede prior proposals and discussions. If a provision is unenforceable it will be modified to the minimum extent necessary and the rest remains in effect. Failure to enforce a provision is not a waiver.

17.7 Electronic acceptance

These Terms may be accepted electronically, including by completing Stripe Checkout or clicking to accept, with the same effect as a signature.

17.8 Survival

Sections that by their nature should survive — including payment, content license for retained content, data ownership, confidentiality, intellectual property, disclaimers, liability limits, indemnification, and general provisions — survive termination.