Terms of Service

These Terms of Service (the “Terms”) are an agreement between you and Winning Ground (“Winning Ground”, “we”, “us”) governing your access to and use of the Winning Ground platform, including winningground.ca, our campaign workspaces, and any related applications and APIs (together, the “Service”).

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you are using the Service on behalf of a campaign, nonprofit, or other organization, you represent that you have authority to bind that organization to these Terms, and “you” means both you and that organization.

Our Privacy Policy describes how we handle personal information and forms part of these Terms.

The Service is currently offered at no charge as a pilot. That has consequences you should understand before you rely on it:

• There is no service-level agreement. We do not promise any level of uptime, availability, performance, or support responsiveness.
• Features may change or be removed without notice, and data formats may change in ways that require migration.
• We may discontinue the Service, in whole or in part, at any time.
• We may introduce fees in the future. If we do, we will give you notice before any charge applies to you, and you may decline and stop using the Service.

Do not use the Service as the sole system of record for anything you cannot afford to lose. Keep your own exports of data that matters to you.

You must be at least 18 years old to create an account. You are responsible for the accuracy of your account information, for keeping your credentials secure, and for all activity that occurs under your account.

Tell us promptly if you believe your account has been compromised. You may sign in with a password or through a third-party identity provider such as Google or Apple; your use of those providers is also governed by their own terms.

Organization administrators can invite, manage, and remove members, and can access data within their organization's workspace. If you join an organization's workspace, that organization controls the workspace and the data in it.

You agree not to use the Service to:

• break any applicable law, including election, privacy, and anti-spam law;
• send unsolicited bulk messages, or contact people who have opted out or who you have no lawful basis to contact;
• upload personal information you do not have the right to collect, hold, or use;
• harass, threaten, defame, or impersonate anyone, or promote violence or hatred;
• probe, scan, or test the vulnerability of the Service, or circumvent any security or access control — see section 5 for authorized security research;
• scrape, resell, or redistribute the Service, or access it to build a competing product;
• upload malware, or interfere with the integrity or performance of the Service or the data of other organizations;
• place an unreasonable load on the Service, including through automated access outside our documented APIs.

We welcome good-faith reports of security vulnerabilities. If you believe you have found one, tell us through our contact form before disclosing it publicly, and give us a reasonable opportunity to fix it. Do not access, modify, or delete data belonging to anyone else, and do not degrade the Service while testing. We will not pursue action against research conducted on those terms.

You own your data.Information your organization loads into the Service — supporter, member, and constituent records, contact history, canvassing results, page content, and similar material (“Customer Data”) — remains yours. These Terms grant us no ownership of it.

You grant us a limited licence to host, store, transmit, display, and process Customer Data solely to operate and provide the Service to you, to keep it secure, and as otherwise instructed by you. We do not sell Customer Data, use it for advertising, disclose it for anyone else's purposes, or use it to train machine learning models.

We act as a service provider in respect of Customer Data; your organization remains the party accountable for it. You are responsible for:

• having a lawful basis to collect, hold, and use every record you upload, including any consent required under applicable privacy law;
• honouring the rights of the individuals in your records — access, correction, deletion, and withdrawal of consent — and responding to their requests;
• complying with election law, campaign finance rules, voter-contact restrictions, and anti-spam legislation such as CASL in the jurisdictions you operate in;
• the accuracy of Customer Data and the conduct of the users you invite to your workspace.

Each organization's workspace is logically separated from every other organization's. If an individual contacts us directly about records held by your organization, we will normally refer them to you, since you control that data.

Export. While your account is active you may export your Customer Data. Because this is a free pilot, we do not commit to a defined export window after termination — export anything you need before you stop using the Service.

You may stop using the Service at any time and ask us to delete your account through our contact form.

We may suspend or terminate any account or organization, block access, and delete accounts and associated data, at our discretion and without liability to you. We may do this with or without cause, including where we believe these Terms have been broken, where use of the Service creates legal or security risk, or where we discontinue the Service or a part of it.

Where it is practicable and lawful to do so, we will try to give you advance notice and an opportunity to export your Customer Data first. During the pilot, we do not guarantee such notice.

Sections 6, 8, 9, 10, 11, and 13 survive termination.

The Service — its software, design, documentation, and branding — belongs to Winning Ground and its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during the pilot, and nothing more. You may not copy, modify, reverse engineer, or create derivative works from the Service except to the extent applicable law says you may.

If you send us feedback or suggestions, we may use them without restriction or obligation to you.

The Service integrates third-party services, including mapping, email delivery, and identity providers. Your use of those is subject to their terms, and we are not responsible for them.

The Service is provided “as is” and “as available”, without warranty of any kind.

To the fullest extent permitted by law, we disclaim all warranties, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, that data will not be lost, or that results obtained through the Service will be accurate or reliable. You use the Service at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

To the fullest extent permitted by law, Winning Ground and its directors, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to your use of the Service — even if we have been advised of the possibility of such damages.

Because the Service is provided free of charge during the pilot, our total aggregate liability to you for all claims relating to the Service is limited to one hundred Canadian dollars (CAD $100).

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, or for death or personal injury caused by negligence.

You will indemnify and hold harmless Winning Ground from any claim, demand, loss, or expense, including reasonable legal fees, arising from your Customer Data, your use of the Service, your breach of these Terms, or your violation of any law or of the rights of any third party — including claims by individuals whose personal information you uploaded.

We may update these Terms as the Service changes. When we make a material change, we will update the date at the top of this page and, where the change significantly affects your rights, give notice to account holders by email or in the product before it takes effect. Continuing to use the Service after a change takes effect means you accept the updated Terms.

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there, without regard to conflict-of-laws rules. The courts of British Columbia have exclusive jurisdiction over any dispute, and you consent to their jurisdiction.

If any provision of these Terms is found unenforceable, the rest remain in force. If we do not enforce a provision, that is not a waiver of our right to do so later. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

These Terms, together with the Privacy Policy, are the entire agreement between you and Winning Ground regarding the Service, and supersede any prior understanding.

Questions about these Terms? Reach us through our contact form.