Terms of
Service

1. Preamble and Acceptance

These Terms of Service ("Terms") constitute a binding legal agreement between You (whether as an "Organizer" or a "Voter" casting a ballot) and Votesphere ("We," "Us," or "The Platform").

By creating an account, accessing the dashboard, or casting a vote, you agree to be bound by these Terms and our Privacy Policy. If you are using Votesphere on behalf of an organization, you warrant that you have the legal authority to bind that organization to these Terms.

2. Nature of Services

• Technology Provider Only: We provide the code, database, and interface. We are NOT the Electoral Commission. We do not certify results, vet candidates, or adjudicate electoral disputes.
• Organizer Responsibility: The Organizer is solely responsible for the configuration of the event (e.g., voter eligibility, nomination rules, and result declaration).

3. Acceptable Use Policy

Strictly Enforced

To preserve the integrity of our platform, you agree NOT to:

• Attempt to Rig or Manipulate: Use scripts, bots, spiders, or automated software to cast multiple votes.
• Bypass Security: Attempt to circumvent our authentication systems (e.g., using VPNs or Tor to bypass IP restrictions).
• Harass or Defame: Use the platform to upload content that is hate speech, defamatory, or incites violence.
• Reverse Engineer: Decompile or attempt to extract the source code of the Votesphere platform.

4. Payment Terms

For events utilizing our "Paid Voting" or "Award/Pageantry" features:

• Platform Fee: Votesphere charges a service fee on every paid vote transaction. This is deducted automatically before payout.
• Payout Schedule: Funds are not disbursed automatically. Each individual transaction settles into the Organizer's Available Balance by the next business day, where a business day excludes Saturdays, Sundays and Nigerian public holidays. Settlement applies per transaction and is not tied to the conclusion of any event: earnings continue to settle while an event is still running, and no Organizer is required to wait for an event to end before funds become available. Once settled, those funds form part of the Available Balance and are withdrawable immediately, with no further holding period. The Organizer must separately submit a payout request from their dashboard, and funds are remitted only once that request has been received, checked against the payout destination rules below, and approved. Funds that have not yet settled are shown as Pending and cannot be withdrawn until they settle.
• No Refunds: All paid votes are final. As a Voter, you acknowledge that a paid vote is a consumable digital good. We do not offer refunds if your preferred candidate loses.
• KYC and Payout Destination: To comply with financial regulations and KYC policy, all payouts will be strictly disbursed to the bank account bearing the exact name of the verified identity of the individual who registered the account. We will not remit funds to third-party or corporate accounts that do not match the registered user's verified identity.
• Discharge of Financial Liability: Votesphere's financial obligation is considered fully discharged the moment funds are successfully transferred to the Verified Bank Account of the registered user. Votesphere accepts absolutely no liability for internal financial disputes, misappropriation, or withholding of funds between the registering user and the organization or group they claim to represent.

5. Intellectual Property

• Votesphere IP: The visual interfaces, graphics, design, computer code, and software are the property of Votesphere.
• Your Data: You (the Organizer) retain ownership of your Election Data. You grant us a license to host and display this data solely for running your event.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

To the maximum extent permitted by Nigerian law, Votesphere explicitly disclaims all warranties, whether express or implied. We do not guarantee that the platform will be 100% uninterrupted, error-free, or immune to all forms of cyber-attacks.

7. Limitation of Liability

IMPORTANT: READ CAREFULLY

To the maximum extent permitted by the Federal Competition and Consumer Protection Act (FCCPC) 2018:

• Cap on Liability: Votesphere's total liability to you for any claim arising out of these Terms shall not exceed the total fees paid by you to us in the six (6) months preceding the claim.
• Exclusion of Consequential Damages: We shall not be liable for indirect damages, including Loss of Reputation, Loss of Office, or Data Loss arising from circumstances beyond our reasonable control.

8. Indemnification

You agree to defend, indemnify, and hold harmless Votesphere from any claims, damages, liabilities, and expenses arising from your violation of these Terms or any dispute between an Organizer and a Candidate/Voter.

9. Event Disputes, Fraud, and Account Suspension

• Neutral Infrastructure: Votesphere is a neutral infrastructure provider. We will NOT act as a witness, arbiter, or judge in any electoral tribunal or student court. If legally compelled to provide audit logs, the requesting party must bear the technical costs of extracting such logs.
• Account Suspension and Termination: We reserve the right to suspend or terminate any account we determine to be involved in fraud, material misrepresentation, defamatory conduct, or an active third-party financial dispute. A suspended account may not create new voting events, edit existing ones, manage nomination campaigns, or request payouts. Where we determine that continued operation would cause harm to voters, to the integrity of a result, or to a third party, we may also suspend, unpublish, or terminate any voting event registered to that account, and may withhold the publication of its results pending review. We may act on this basis without prior notice where delay would increase the harm, and will notify you of the reason as soon as practicable. Elections that remain published continue to accept votes while under review, and no voter should bear the consequences of a restriction imposed on an Organizer.
• Law Enforcement Cooperation: In the event of alleged criminal activity, including but not limited to cyber fraud, identity theft, unauthorised access, and money laundering, Votesphere will cooperate fully with law enforcement and any competent regulatory authority. We may disclose account records, identity and KYC documentation, bank and payout details, transaction and audit logs, IP addresses and device identifiers, and election and voting records where we reasonably believe a lawful request or obligation exists. Such disclosure may extend to the organization or group you registered an account on behalf of. This clause is subject to the Nigeria Data Protection Act 2023, and nothing in it authorises disclosure beyond what a lawful request or our legal obligations permit.

10. Governing Law

These Terms are governed by the laws of the Federal Republic of Nigeria. Any dispute shall be referred to arbitration in Owerri, Imo State under the Arbitration and Mediation Act 2023.