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Terms of Service

Last updated: March 2026 v1

Legal Documents
Terms of Service Privacy Policy Cookie Policy Data Processing Agreement Acceptable Use Policy

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Votrack election vote tracking platform and related services ("Services") provided by Votrack Inc. ("Votrack", "we", "us", or "our"), a company incorporated under the laws of Kenya with its registered office in Nairobi.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Service Description

Votrack is a multi-tenant Software-as-a-Service (SaaS) platform that provides independent parallel vote tallying and election tracking tools for Kenya's elections. The Services include, but are not limited to:

  • Real-time vote result collection and tallying from polling stations
  • Multi-channel result submission via web dashboard, USSD, and Telegram bot
  • Polling agent management and deployment tracking
  • Agent attendance and station lifecycle monitoring (open, close, counting)
  • Geographic drill-down by county, constituency, ward, and polling station
  • Incident reporting and tracking with photo evidence
  • Form 34A photo capture and storage
  • Live results dashboard with charts and analytics
  • Data export, court-ready archives, and status report generation
  • Public results portal for transparent vote tracking
  • Pre-loaded official IEBC administrative data (counties, constituencies, wards, polling stations, registered voters)

Each subscriber (campaign, political party, or organization) receives an isolated database environment with their own data, agents, and configurations. No data is shared between tenants.

3. Account Registration and Security

To use Votrack, you must register for an account and provide accurate, current, and complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account, including actions by your polling agents
  • Notifying us immediately of any unauthorized access or use
  • Ensuring that all users and agents added to your instance comply with these Terms
  • Ensuring that polling agents' personal data (phone numbers, ID numbers) is collected with their consent

4. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. Votrack is designed for lawful, independent parallel vote tallying as permitted under Kenyan election observation laws. You shall not:

  • Use the Services for any illegal activity or to interfere with the electoral process
  • Submit fraudulent, fabricated, or deliberately inaccurate vote tallies
  • Attempt to gain unauthorized access to any part of the Services or other tenants' data
  • Interfere with or disrupt the integrity or performance of the Services
  • Upload or transmit malware, viruses, or other harmful code
  • Use the Services to intimidate, harass, or threaten any person
  • Resell, sublicense, or redistribute the Services without prior written consent
  • Circumvent any usage limits, access controls, or security measures
  • Misrepresent Votrack data as official IEBC results

5. Payment Terms

5.1 Subscriptions

Access to Votrack is provided on a subscription basis. Pricing is based on the electoral scope (number of polling stations, positions tracked) and is quoted during the demo and onboarding process.

5.2 Payment Methods

Payments may be made via M-Pesa, bank transfer, or other payment methods as agreed. All payments are processed in Kenya Shillings (KES) unless otherwise specified.

5.3 Billing

Subscriptions are billed per election cycle. Setup fees and recurring charges are as agreed in your service agreement. Failure to pay may result in suspension of access to your instance.

6. Data Ownership

You retain ownership of all vote tallies, agent data, incident reports, photos, and other data you submit through the Services ("Your Data"). We do not claim ownership of Your Data. Upon termination, you may request export of Your Data within 30 days.

7. Data Accuracy Disclaimer

Votrack is a tool for independent parallel vote tallying. The accuracy of vote tallies depends on the data submitted by your polling agents. We do not independently verify vote counts against official IEBC results. Votrack data should not be represented as official election results.

8. Intellectual Property

The Votrack platform, including its software, design, logos, documentation, and all related intellectual property, are owned by Votrack Inc. and protected by applicable laws. Your subscription grants you a non-exclusive, non-transferable license to use the Services during the subscription period.

9. Limitation of Liability

To the maximum extent permitted by law, Votrack Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services, including but not limited to loss of data, business interruption, or decisions made based on Votrack data.

10. Indemnification

You agree to indemnify and hold Votrack Inc. harmless from any claims, losses, or damages arising from your use of the Services, your agents' actions, or your violation of these Terms or applicable law.

11. Termination

Either party may terminate the service agreement with 30 days written notice. We reserve the right to suspend or terminate your access immediately if you violate these Terms, submit fraudulent data, or engage in activities that threaten the integrity of the platform or the electoral process.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of Kenya. Any disputes shall be subject to the exclusive jurisdiction of the courts of Kenya.

13. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or through the platform. Continued use of the Services after changes constitutes acceptance of the updated Terms.

14. Contact

For questions about these Terms, contact us at:

  • Email: legal@votrack.co.ke
  • Address: Votrack Inc., Nairobi, Kenya
  • Website: www.votrack.co.ke

Last updated: March 2026

Votrack

Secure, real-time parallel vote tallying for Kenya's elections. Empower your campaign with accurate data from every polling station.

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