Terms of Use

SnapBallot™ Terms of Use

Acceptance of Terms

Please read this agreement regarding the SnapBallot™ Terms of Use (this “Agreement” or the “Terms”) carefully. Set forth below are the Terms under which Survey & Ballot Systems, Inc. (“SBS”) makes the SnapBallot™ service (the “Service”) available to the person or entity that creates an account, administers a voting event, or otherwise uses the platform to set up or manage elections (the “User”).

Individuals who participate in an election by casting a vote through the Service (each a “Voter”) are not considered Users unless they also create an account or otherwise access administrative features of the Service.

By using the Service (including, but not limited to, responding to emails, meeting communications, and voting) each User hereby agrees to the conditions outlined below. If you do not agree with the terms outlined, do not access or otherwise use the Service.

SBS reserves the right to modify these Terms or the Service at any time. Material changes will be communicated to Users via the Service or email. Continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms. If any modification is unacceptable to you, you must cease using the Service. If you do not cease using the Service, you will be conclusively deemed to have accepted the change(s).

Eligibility

The User represents that they meet the age and legal capacity required to enter into this Agreement. Use of the platform by individuals who do not have the legal capacity to enter into binding agreements is strictly prohibited.

The User is solely responsible for ensuring that all Voters:

·         are legally permitted to participate in elections on the platform;

·         meet any applicable minimum age requirements for use of online services and the processing of personal data, and

·         are authorized by the User in accordance with any additional eligibility requirements the User may set, provided such requirements do not conflict with this Agreement.

The platform is not designed for use by minors in any capacity, and such use is not permitted. This restriction reflects legal obligations under data protection and privacy laws, including but not limited to the Children’s Online Privacy Protection Act (COPPA), the Family Educational Rights and Privacy Act (FERPA), and other applicable state, federal, and international regulations governing the processing of minors’ data.

The User will separately agree to any additional costs and fees that may occur during the course of the User’s SnapBallot voting event(s) beyond those described in the Service Agreement.

This Agreement was last modified on December 17, 2025.

 
Registration and Access

To access and use the SnapBallot platform, Users must first register for an account and confirm their email address. By registering, the User affirms that all information provided is complete, accurate, and kept up-to-date. SBS reserves the right to suspend or terminate any account with incomplete, false, or outdated information.

 

Upon successful registration and email verification, the User will gain access to the software to begin setting up an election, including creating a ballot, uploading voter information, and configuring communications.

 

Participation in a voting event by a Voter does not require registration and does not grant administrative access to the Service.

 

The User acknowledges and agrees that they are solely responsible for maintaining the confidentiality of their account credentials and for all activity that occurs under their account, regardless of whether such activity is authorized by the User. SBS shall not be not liable for any loss or damage arising from unauthorized access or misuse of a User’s account, including any failure by the User to adequately safeguard login credentials. The User agrees to promptly notify SBS of any known or suspected unauthorized use of their account or any other breach of security.

 

Access to certain features, including opening an election with more than fifteen (15) voters, requires payment. Once payment is made, access to those features will be enabled and is subject to the terms outlined in the Payment section.

 

Payment and Termination

This Agreement becomes effective upon the User’s acceptance of these Terms and use of the SnapBallot platform and will remain in effect until the completion of the applicable election or voting event, unless terminated under the provisions below.

Free Tier and Payment Terms

  • Users may create and run one (1) free election limited to fifteen (15) or fewer eligible Voters.
  • Users may access all setup features including ballot creation, Voter upload, and invitation configuration regardless of Voter count. However, elections exceeding fifteen (15) Voters will not open until full payment is received.
  • All payments are final and non-refundable, including but not limited to events canceled, modified, or not completed after payment. No refunds will be issued once an election has been activated through payment.

Termination by User

Users may stop using the platform at any time. No refunds will be issued for any paid elections or services. Users remain responsible for all fees incurred up to the time of termination, regardless of whether the Service is actively used.

Termination by SBS

SBS reserves the right to suspend, restrict, or terminate access to the platform or any part of the Service at any time, with or without cause or notice, particularly in the case of free-tier accounts. SBS may suspend or terminate access to the platform at any time if the User violates this Agreement, including misuse of the platform, unauthorized access, failure to comply with applicable laws, or permitting access or participation by Voters who do not meet eligibility requirements. In the event of termination for cause by SBS, no refund shall be issued. Upon termination, the User may not create a new account or access the Service without the prior written consent of SBS.

SBS may terminate this Agreement for convenience. In such cases, SBS will issue a prorated refund for any prepaid but unused portion of the Service.

Survival

Any provisions of this Agreement that by their nature should survive termination (including limitations of liability, disclaimers of warranties, intellectual property rights, confidentiality and ownership of data) shall survive and remain in full force and effect. This survival shall apply notwithstanding any alleged breach or invalidity of other provisions.

Content
User acknowledges, agrees, and represents that User is solely responsible for all election-related materials, including but not limited to voting content, logos, survey responses, candidate information, data files, communications, or other materials communicated or transmitted using the Service from User’s account, whether publicly posted or privately transmitted. The User is solely responsible for all content submitted to or collected through the Service, including any content submitted by Voters during participation in an election.

User acknowledges that SBS does not control the content originating from User or any other third party, and SBS shall not be held liable for the accuracy, legality, integrity, or outcome of any election, communication, or data transmitted through the Service. SBS expressly disclaims any and all responsibility for the results or decisions arising from the use of the Service.

SBS may, but is under no obligation, to review, monitor or moderate any content and may block, modify, terminate, suspend access to, or remove any content that, in SBS’s sole discretion, violates these terms of Use or any applicable agreement, policy or law.  

SBS reserves the right to purge content from its database from time to time without notice. User agrees that it is solely responsible for maintaining independent copies of any content, including Voter lists, ballot results, and communication templates. SBS shall not be liable for any deletion, purging, or failure to retain any such content or information.

SBS may disable or suspend a User account or access to the Service and may seek to recover from the User any damages, losses, costs, expenses, or legal fees incurred by SBS arising from the User’s violation of this Agreement.

User acknowledges and represents that SBS has not undertaken or assumed any duty of advising, proofing or supervising the content of any data. Any changes, modifications or other revisions to the data shall be made by the User’s sole discretion. All content remains the sole responsibility of the User.

User represents that where it provides SBS cellular phone numbers to be used in conjunction with voting, User has (i) obtained from the holders, owners, or users of the numbers consent for SBS to use such number for provision of the Services, and (ii) informed the holders, owners, or users of the numbers that their respective cell phone carrier’s standard message and data rates may apply in conjunction with the Service.

 

User further warrants that such collection and disclosure is in full compliance with applicable data protection laws.


User Content
The User:

  • Shall comply with SBS’ Anti-Spam Policy and all other policies as published on the SnapBallot website from time to time, all applicable U.S. Federal, State, local and international laws, including, but not limited to, the CAN-SPAM Act of 2003, and all other laws related to unsolicited commercial email messages, text messages, defamation, privacy, obscenity, intellectual property and child protective email address registries.
  • Shall not upload, post, email, distribute, communicate, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party.
  • Shall not impersonate any other person or entity, including SBS, forum leaders, guides or hosts, or falsely state or otherwise misrepresent User’s affiliation with any other person or entity.
  • Shall not interfere with or disrupt the Service or servers or networks connected to or used to provide the Service.
  • Shall not attempt to damage, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Service in any manner.
  • Shall not upload, post, email, distribute, communicate, transmit or otherwise make available any viruses or similar malicious software that may damage the operation of the Service or Voter’s computers.
  • Shall not upload survey links to message boards or newsgroups that are not relevant to the subject matter of the election or voting event.
  • Shall not use the Service if affiliated with a competitor of SBS. A competitor of SBS is determined solely at the discretion of SBS. A User may not access the Service for purposes of monitoring its availability, performance or functionality, or for any benchmarking or competitive reasons.
  • Shall not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the SnapBallot website or other services.
  • Shall not furnish to SBS cellular phone numbers in violation of any federal, state, or local law to utilize in providing the Service without proper consent from the holder, owner, or user of such cellular phone numbers.

User further acknowledges and agrees that SBS may cooperate with any governmental authority in connection with any investigation into User’s project, meeting or election and may disclose any content and any other information pertaining to the User in connection with any such investigation without notice to User.

Provisions of the SnapBallot Site and Service 


SBS Responsibilities: SBS’s key role is to bring validity, independent oversight, security, and accuracy to the balloting process. Ultimately, SBS will maintain an auditable trail that supports the outcome of a SnapBallot meeting, election or voting event. SBS offers the Service and assistance in working with the User. The Service includes the following:

  • Developmental support according to Service plan to the User’s design of the slate of motion items candidates or bylaw elections.
  • Support of a voting event of 7,500 members or fewer:
    • Authenticate Voters to ensure Voter is eligible.
    • Prohibit Voters from submitting an invalid, duplicate or out-of-parameter ballot, but provide Voter with the opportunity to correct voting error(s).
    • Provide support link which enables Voters to receive their passcodes.
    • Allow clear and easy navigation to and from each step via prompts.
  • Production of final voting event report.

Ownership of Business Process and Data


During the term of this Agreement, the User may have access to the intellectual property and internal business processes of SBS, including, without limitation, SBS’ methods of providing the Service, such as Internet and paper-based data gathering and reporting services for elections and voting events (the “Business Process”). Ownership of all right, title, and interest in and to the Business Process, including but not limited to translations, compilations, partial copies, modifications, and updated works, and ownership of all patents, trade secrets, copyrights, and other intellectual property rights pertaining thereto, and the programmed scripts used in scanning, editing, and reporting, shall be and shall remain the exclusive and confidential property of SBS.

 

The User receives no rights, title, or interest in or to the Business Process other than a limited, non-transferable license to use it solely as necessary to access and utilize the Service in accordance with this Agreement.. 

  • New Works. The parties hereto recognize that in rendering the Service hereunder, the documents and reports delivered by SBS to the User are part of a dynamic and creative process and may result in the development of original works including, but not limited to, software, analysis techniques and methodologies, reports and report formats (“New Works”). The User agrees that all such New Works are proprietary to SBS and SBS shall retain any and all ownership rights in such New Works.
  • Ownership of Data. Any and all information submitted to SBS by the User for purposes of providing the Services herein and all hard copy forms and electronic data files generated for the User under this Agreement (the “Data”) shall remain the sole property of the User during and after the term of this Agreement. SBS shall use the Data submitted by User for the sole purpose of rendering the Service to the User hereunder.
  • Content of Data. SBS shall not be responsible under any circumstances for the content of the Data and the User acknowledges that SBS has not undertaken or assumed any duty of advising, proofing or supervising the content of the Data. Any changes, modifications or other revisions to the Data shall be made by the User in User’s sole discretion . Where the Data contains contact information for voting via SMS text messaging, User represents that User has obtained from the holders, owners, or users of the numbers consent for SBS to use such number for provision of the Services. The User is solely responsible for ensuring that all Data, including personal data, has been collected in full compliance with applicable law. Data relating to minors must not be submitted, stored, or processed on the platform.
  • Storage of Data. SBS may use third parties to store User’s Data. SBS disclaims all liability for the unavailability, loss, corruption, or unauthorized access of User’s Data whether stored by SBS or a third party. Under no circumstances will SBS be held liable for any unauthorized disclosure, loss, alteration or destruction of User’s Data.

 

Compliance with Privacy Laws

 

The User represents and warrants that it has obtained all necessary rights, permissions, and consents required under applicable data protection and privacy laws—including, without limitation, the General Data Protection Regulation (GDPR), the California Consumer Privacy Act and California Privacy Rights Act (CCPA/CPRA) and any other relevant U.S. federal, state, or international laws—in connection with its use of the Service and any data submitted, uploaded, or otherwise processed through the platform. The User further represents and warrants that no data relating to minors is submitted to or processed through the platform.

 

The User is solely responsible for determining the legal requirements applicable to the collection, processing, storage, and transmission of personal information and for ensuring that all such processing complies with applicable law.

 

The User agrees to indemnify and hold harmless SBS from and against any and all claims, damages, penalties, or liabilities arising from the User’s failure to comply with any applicable privacy or data protection laws, including any failure to obtain valid consent or provide required notices.

 

Warranty: Limitation of Liabilities


SBS hereby represents and warrants that SBS is not subject to any restrictions whatsoever which would prevent it from entering into or carrying out the provisions of this Agreement and possesses the proper skill, training, experience, and background so as to be able to perform under this Agreement in a competent and professional manner. In the event that SBS incorrectly inserts any data in User’s data files or other materials, User’s exclusive remedy shall be to require SBS to correct the data files and/or replace such other materials for the User.

 

EXCEPT AS SET FORTH ABOVE, THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED “AS IS” AND “AS AVALABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

 

SBS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SBS makes no representation or warranty that the Service will meet the User’s requirements, operate without interruption or error, integrate with third-party systems, or be secure from unauthorized access, breaches or vulnerabilities.

 

SBS SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICE, EVEN IF SBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR DEMANDS.

IN NO EVENT SHALL SBS’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE USER TO SBS UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. These limitations apply regardless of the theory of liability.

 

The User further acknowledges and agrees that the User, not SBS, is responsible for evaluating the accuracy, reliability, completeness, and usefulness of any information obtained through the use of the Service.

The User must evaluate and bear all risks associated with the use of the Service, including any reliance on the accuracy, completeness or usefulness of the Service.

 

No Liability for Third-Party Services. SBS shall not be liable for any failure, delay, or issue arising from the performance, failure, or unavailability of any third-party service, including email delivery services, cloud hosting providers, or SMS gateways.

Indemnification By User


To the extent permitted under applicable law, User shall indemnify, defend and hold harmless SBS, their respective representatives, and agents against all claims, demands, damages, liabilities, and costs (including attorney’s fees) arising out of or in connection with:

  • User’s use of the Service, including User’s use of or reliance on any information or materials (including election or voting results) obtained through the Service or other SBS services.
  • Any acts or omissions by any Voter participating in an election administered by a User.
  • Any other use of the Service by a third-party using User’s account, whether authorized by the User or resulting from the User’s failure to adequately safeguard access credentials.
  • User’s breach of this Agreement, including any misrepresentation or violation of the warranties, obligations, or covenants set forth herein.
  • User’s violation of any applicable law, including, but not limited to, the CAN-SPAM Act of 2003 and General Data Protection Regulation (GDPR) of 2018 or any law related to unsolicited communications, consumer privacy, or the provision or use of cellular phone numbers in connection with the Service.
  • Any submission of data by User relating to minors, or use of the Service by or on behalf of minors, in violation of this Agreement.
  • Any failure by the User to comply with privacy, data protection, or security obligations in connection with the collection or submission of personal information to the Service, including, but not limited to, the unauthorized or unlawful collection, disclosure, or transmission of such information to SBS.

This indemnification obligation will survive termination or expiration of this Agreement and applies regardless of whether the claim arises from the actions of the User, its Voters, its affiliates, employees, contractors, or agents.

Confidentiality
SBS agrees that any information SBS receives or reviews concerning the User, including, but not limited to, any information concerning User’s past, present and future research, marketing, development, operations, and business activities, and any other information or material proprietary to User of which SBS may obtain knowledge or access from the User during the performance hereunder by SBS (hereinafter "Confidential Information ") is proprietary and confidential to the User. SBS agrees, on behalf of itself and all of its agents, to hold in confidence and not to directly or indirectly reveal, report, publish, disclose or transfer any of the Confidential Information to any person or entity, or utilize any of the Confidential Information for any purpose, except as may be agreed in writing in advance between SBS and the User. Confidential Information shall not include any information that was in the possession of SBS before receipt from the User, is or becomes a matter of public knowledge through no fault of SBS, is rightfully received by SBS from a third party without a duty of confidentiality, is disclosed as described under the above “User Content” section, is independently developed by SBS without use of or reference to the User’s Confidential Information, or is required to be disclosed by law, regulation, subpoena, or court order, provided that SBS gives prompt written notice to the User (unless legally prohibited) and cooperates in any efforts to limit or oppose such disclosure.

Miscellaneous

  • Website Maintenance and Management. SBS reserves the right to perform maintenance on our equipment or system which may result in interrupted service or errors in the use of the Service. SBS will attempt to provide prior notice of such interruptions, changes or denials of access, but does not guarantee notification.
  • Force Majeure. SBS shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, labor disputes, power outages, Internet failures, governmental actions, or other force majeure events.
  • Privacy Policy. Use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms and can be found here.
  • Message Delivery. SBS’ standard email and text messages have undergone testing for spam to help ensure delivery, however, Internet email delivery is not 100% reliable and SBS cannot be held responsible for undelivered, filtered or otherwise lost email or text messages.
  • Notices. Any notices or demands or other communications required or permitted hereunder shall be in writing and shall be deemed to have been given when delivered personally or three (3) days after deposit in a regularly maintained receptacle of the United States Postal Service, postage prepaid, return receipt requested, and addressed at the addresses provided.
  • Governing Law. The provisions of this Agreement shall be interpreted and construed in accordance with the laws of the State of Minnesota and the United States of America. The parties hereby submit and consent to the exclusive jurisdiction of the courts of the United States of America and the State of Minnesota in any dispute arising out of this Agreement.
  • Severability. If any provision of this Agreement is prohibited by law or held to be invalid, illegal or unenforceable, the remaining provisions hereof shall not be affected, and this Agreement shall continue in full force and effect as if such prohibited, illegal or invalid provision had never constituted a part hereof, with this Agreement being enforced to the fullest extent possible.
  • Copyrights and Trademarks. All trademarks, copyrights and copyrightable materials which are part of SnapBallot or Survey & Ballot Systems, Inc. (SBS), its websites and other materials, that are not User content, including without limitation, the SBS and SnapBallot logos, designs, text, graphics, pictures, photos, files, software, applications, code hidden text, databases, and other files and the selection and arrangement thereof are the property of and/or COPYRIGHT © 2025 Survey & Ballot Systems, Inc.

Please contact SBS with any further questions or concerns related to this document.

Survey & Ballot Systems, Inc.
7653 Anagram Drive
Eden Prairie, MN 55344-7311 USA
+1 952 974 2339 or support@snapballot.app