Terms and Conditions

1. Introduction and Acceptance

Welcome to BallotBadger. BallotBadger is polling and election software for clubs, organisations, and communities, operated by Thornes Consulting Ltd (trading as BallotBadger), a company registered in England and Wales with company number 16297800 and registered office at 167-169 Great Portland Street, Fifth Floor, London, England, W1W 5PF. These Terms and Conditions (“Terms”) govern your access to and use of the BallotBadger application, website, and services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service. You must be at least 18 years old to create an account or use paid features.

By using the Service, you consent to receiving communications from us electronically. You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

2. Definitions

• “Service” refers to the BallotBadger application, website, and all related services provided by Thornes Consulting Ltd.
• “Organiser” refers to a user who registers an account to create and manage ballots.
• “Participant” refers to an individual invited by an Organiser to cast a vote.
• “User” refers to both Organisers and Participants.
• “Ballot” refers solely to a digital poll, survey, or internal election created by an Organiser using the Service. It expressly excludes any form of lottery, sweepstake, prize draw, raffle, or game of chance.
• “Platform Fee” means the software access fee paid by an Organiser for the right to create and manage a Ballot using the Service. It is not a wager, stake, entry fee, or consideration for any game of chance.

3. Account Registration and Security

To create a ballot, you must register for an Organiser account. You agree to provide accurate and complete information. Accounts are for a single Organiser or organisation. You may not share, transfer, or sell your account credentials to any third party. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account.

By uploading Participant data (including email addresses) to the Service, you represent and warrant that: (a) you have a lawful basis under UK GDPR to share that data with BallotBadger for the purpose of conducting your ballot; (b) you have provided or will provide any required privacy notices to those Participants; (c) you will not upload data of anyone under the age of 13. You are solely responsible for the lawfulness of the Participant data you provide.

4. Acceptable Use and User Content

BallotBadger provides polling and election software for clubs, organisations, and communities. You retain ownership of the content (questions, options, text) you create, but you grant us a licence to host and display it to operate the Service.

You agree NOT to use the Service to:

• Conduct illegal, fraudulent, or malicious activities.
• Distribute hate speech, harassment, or explicit material.
• Send unsolicited spam invites to Participants.
• Insert marketing, promotional, campaigning, or fundraising content into customised email templates (see below).
• Interfere with or disrupt the integrity or performance of the Service.
• Run lotteries, sweepstakes, raffles, prize draws, or paid-entry competitions of any kind.
• Operate any activity that qualifies as a game of chance, unregulated financial service, or gambling under applicable law.
• Charge Participants a fee to cast a vote or participate in a ballot.
• Conduct binding statutory or regulatory elections where such elections require certification by an official body.
• Use the Service to facilitate money transmission, peer-to-peer payments, or any transfer of funds between Users.

BallotBadger is polling and election software for clubs, organisations, and communities. It is not a gambling platform and must not be used as one.

Customised email content

Where your plan allows you to customise the emails BallotBadger sends to Participants on your behalf, that content must remain an administrative notice about your ballot. Emails sent through the Service are service messages, not direct marketing. You must not use them to advertise, promote your organisation's aims or ideals, campaign for a particular voting outcome, solicit donations, or otherwise include marketing or promotional material. Inserting such content may reclassify the email as direct marketing under the Privacy and Electronic Communications Regulations 2003 and equivalent laws in other jurisdictions, which imposes consent and opt-out obligations that neither you nor we have satisfied in respect of those Participants. We may remove, revert, or suspend any customised template that breaches this clause.

The Organiser is solely responsible for: (a) the governance rules of their ballot; (b) the eligibility criteria for Participants; (c) ensuring the ballot complies with any applicable organisational bylaws, regulations, or legal requirements; (d) communicating results to Participants. BallotBadger does not certify, validate, or guarantee the legal standing of any ballot result.

We reserve the right to remove any content or cancel any ballot that violates these Terms without prior notice.

5. Payments, Pricing, and Billing

Certain features, such as the creation of ballots or increased participant capacities, require payment. BallotBadger operates as a software-as-a-service (SaaS) platform. All charges are software Platform Fees for access to polling and election management features. No winnings, prizes, payouts, or monetary rewards of any kind are associated with any ballot conducted through the Service. BallotBadger does not facilitate peer-to-peer payments, marketplace transactions, or any transfer of funds between Users.

• Organiser-Only Fee: All payments are made solely by Organisers as a software Platform Fee for access to the Service. Participants (voters) do not pay any fee to cast a vote. BallotBadger does not process or facilitate any financial transaction involving Participants.
• Third-Party Payment Processor: All payments are processed securely through our third-party payment gateway, Stripe. BallotBadger does not collect, process, or store your credit card or sensitive financial data. By making a purchase, you acknowledge and agree that your payment is subject to Stripe’s Terms of Service and Privacy Policy.
• Payment Disputes and Chargebacks: If you initiate a chargeback or payment dispute via your bank or credit card provider without a valid reason, we reserve the right to immediately suspend your account and cancel any active ballots associated with it.
• Pricing Changes: We reserve the right to modify our pricing at any time. Any price changes will apply to future ballots and will not affect ballots that have already been paid for and published. All prices are stated in GBP and are inclusive of any applicable taxes. Thornes Consulting Ltd is not currently registered for UK VAT (turnover is below the registration threshold), so no VAT is added at checkout. If our VAT status changes, prices will be updated and any VAT applicable to future purchases will be shown clearly at checkout.
• One-off Charges: All paid plans are charged on a one-off, pay-as-you-go basis at the point of purchase. There are no recurring fees, no auto-renewal, and nothing to cancel. We may introduce subscription pricing in future; if we do, these Terms will be updated and any auto-renewing arrangement will be clearly disclosed before you agree to it.
• Refunds: Because the Service involves immediate digital access to ballot creation, all payments are final and non-refundable unless otherwise required by applicable consumer law, or in the event of a critical technical failure exclusively on our end that prevents the ballot from functioning. If your ballot has not yet started accepting votes, contact [email protected] and we will usually issue a refund. If you are a consumer, you have a statutory right to cancel within 14 days of purchase under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. However, by proceeding to create a ballot, you expressly consent to the immediate provision of digital content and acknowledge that you will lose your right to cancel once the ballot creation process begins.
• Processor Outages: BallotBadger is not liable for any delays or inability to process payments caused by downtime or technical issues experienced by Stripe or your banking institution.

6. Data Processing

When an Organiser uploads Participant personal data (such as email addresses) to the Service, BallotBadger acts as a Data Processor on behalf of the Organiser (as Data Controller) under UK GDPR. The following terms apply to such processing:

• Scope and Purpose: BallotBadger processes Participant personal data (email addresses and voting selections) solely for the purpose of conducting ballots on behalf of the Organiser, including sending voting invitations, recording votes, and generating results.
• Instructions: BallotBadger will process Participant data only on the documented instructions of the Organiser, unless required to do so by law.
• Confidentiality: All personnel authorised to process Participant data are bound by appropriate confidentiality obligations.
• Security: BallotBadger implements appropriate technical and organisational measures to protect Participant data, including encryption in transit and at rest, access controls, and cryptographic separation of voter identity from voting selections.
• Sub-processors: BallotBadger uses the following sub-processors in delivering the Service: Stripe (payment processing, Ireland/EEA), Amazon Web Services SES (email delivery, EU/UK region), and Amazon Web Services S3 (file storage, EU/UK region). All other infrastructure is self-hosted on a private server in the Netherlands (EEA). We will notify Organisers of any changes to our sub-processor list at least 30 days before the new sub-processor begins processing data, providing Organisers with an opportunity to object.
• Data Breach Notification: BallotBadger will notify the Organiser without undue delay upon becoming aware of a personal data breach affecting Participant data, providing sufficient information for the Organiser to meet its own notification obligations under UK GDPR.
• Deletion: On ballot closure or account termination, Participant data will be deleted from active systems within 30 days. Data may persist in encrypted backups for up to a further 90 days before being purged.
• Audit and Compliance: BallotBadger will make available to the Organiser, on reasonable request, information necessary to demonstrate compliance with these data processing obligations.

7. Indemnification

You agree to indemnify, defend, and hold harmless Thornes Consulting Ltd, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your breach of these Terms; (b) your use of the Service for any unlawful purpose, including but not limited to use as a gambling or lottery platform; (c) any content you create or Participant data you upload to the Service; (d) your violation of any third party’s rights, including the data protection rights of Participants whose data you provide.

8. Data Privacy

The protection of your data and the anonymity of voters are important to us. How we collect, use, and handle personal data (including Participant email addresses provided by Organisers) is governed by our Privacy Policy. By using the Service, you consent to our data practices as described in the Privacy Policy.

9. Intellectual Property

All software, design, branding, and infrastructure comprising BallotBadger are the exclusive property of Thornes Consulting Ltd (trading as BallotBadger). You may not copy, modify, or distribute any part of our platform without our express written consent.

The licence you grant us to host and display your content (as described in Section 4) is non-exclusive, worldwide, royalty-free, and limited to the purpose of operating the Service. This licence terminates when you delete your content or close your account.

Any feedback, suggestions, or ideas you submit regarding the Service may be used by us without obligation or compensation to you.

10. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the reliability, accuracy, or availability of the Service, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be 100% uninterrupted or error-free. We are not responsible for the outcome of any election, the decisions made by Organisers, or the legitimacy of the Participants invited to vote.

11. Limitation of Liability

To the maximum extent permitted by law, BallotBadger and its creators shall not be liable for any indirect, incidental, or consequential damages arising out of your use of the Service (including lost data, lost profits, or disputed election outcomes). In no event shall our total liability to you exceed the amount you paid to us for the Service in the twelve (12) months preceding the claim.

12. Termination

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice or liability, for any reason, including but not limited to a breach of these Terms. Any use of the Service to operate a lottery, sweepstake, raffle, prize draw, game of chance, or any activity resembling gambling constitutes a material breach and will result in immediate account termination and, where appropriate, referral to relevant authorities.

13. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to natural disasters, fire, flood, pandemic, governmental actions, war, terrorism, power failure, internet or telecommunications failures, or cyberattacks.

14. Dispute Resolution

If a dispute arises, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. If the dispute is not resolved within 30 days, either party may proceed to formal legal proceedings in the courts of England and Wales.

15. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with the Privacy Policy and the Data Processing terms set out in Section 6, constitute the entire agreement between you and Thornes Consulting Ltd regarding the Service and supersede all prior agreements and understandings.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any disputes shall be subject to the exclusive jurisdiction of the courts located in England and Wales.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify Organisers of material changes to these Terms at least 30 days before they take effect, via the email address associated with their account. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.