Terms of Service

tools.democrat is operated by Borich Hernandez Solutions LLC, a Virginia limited liability company (“we,” “us”). These Terms of Service (“Terms”) govern your use of every tool on tools.democrat and its subdomains (the “Services”).

By creating an account, starting a trial or using the Services, you agree to these Terms and to our Privacy Policy. If you use the Services for a campaign, committee or organization, you confirm you have authority to bind it, and “you” includes that organization.

The Services are software tools for Democratic campaigns and committees. Each product can be bought on its own, except Command Post and DonorDialer, which come only with the Suite.

• tools.democrat Suite$189/month or $1,890/year

  Every product below, including Command Post and DonorDialer

• Raise Rate$99/month

  Fundraising tracking, donor management and call time

• Burn Rate$59/month

  Campaign budgeting and spending

• Votes & Notes$49/month

  Event and contact management

• DonorDialerSuite only

  Donor calling app for iPad and iPhone

• Command PostSuite only

  Cross-tool campaign dashboard

Prices are in US dollars and exclude applicable taxes. Current prices are always shown at checkout. We may add, change or retire features. If we retire a product you pay for, we will give at least 30 days’ notice and a prorated refund of any prepaid fees for that product.

The Services are tools, not advice. We are not a compliance service, law firm, accountant or treasurer.

You must be at least 18 and give accurate account information. You are responsible for everything done under your account, including by staff or volunteers you invite. Keep your password private and tell us at once at tommy@borichhernandez.com if you suspect unauthorized access.

One sign-in works across all tools.democrat products. Access to each product depends on your subscription.

Billing. Paid plans are billed in advance, monthly or yearly, through our payment processor, Stripe. By subscribing, you authorize recurring charges to your payment method until you cancel.

Free trial. New accounts may get a 14-day free trial. We will email you before the trial ends. If you do not add a payment method, access to paid features stops when the trial ends.

Automatic renewal.Subscriptions renew automatically at the end of each billing period at the price then in effect. We will give at least 30 days’ notice of any price increase, which applies from your next renewal.

Cancellation. You can cancel at any time from the billing portal in your account settings. Cancellation takes effect at the end of the current billing period, and you keep access until then. We do not give refunds or credits for partial periods, including unused months of a yearly plan, except where the law requires.

Failed payments. If a payment fails, we may suspend paid features until it is resolved.

Complimentary and beta access.We may grant free, discounted or beta access at our discretion. We can end it with 30 days’ notice. Beta features are provided as-is and may change or be removed.

You are solely responsible for your campaign’s compliance with all applicable laws, including federal, state and local campaign finance laws, contribution limits, reporting and disclosure rules, and rules on soliciting contributors. Figures the Services show (raised, pledged, projected balance and similar) are planning aids. They are not official records and do not replace your treasurer’s books or your filed reports.

You are also responsible for:

• having the right to upload any contact or donor information you put into the Services, and for using it lawfully
• following calling, texting and email laws (such as the TCPA and CAN-SPAM) when you contact people
• checking that anything you file, publish or send is accurate

You own the data you put into the Services, including donor and contact records (“Your Data”). You give us permission to store, process and display Your Data only to provide and support the Services for you.

We do not sell Your Data, share it with other campaigns or use your donor lists for anyone else. How we handle personal information is described in our Privacy Policy.

You can ask for a copy of Your Data at tommy@borichhernandez.com while your account is active and for 90 days after it ends. We use reasonable security measures, but no system is perfectly secure.

The Services connect to outside services you choose to use, such as ActBlue for contributions and Stripe for our billing. Those services are run by others under their own terms.

ActBlue.tools.democrat is not affiliated with or endorsed by ActBlue. We may import contribution data you authorize, but ActBlue processes your contributions, not us. We are not responsible for ActBlue’s availability, data or fees.

Stripe. Payments for your subscription are processed by Stripe. We do not store your full card number.

We are not responsible for third-party services, and an outage or change on their side may affect features that rely on them.

You agree not to:

• break any law, including campaign finance, privacy and telemarketing laws
• upload data you have no right to use, or use the Services to harass anyone
• try to get into other users’ accounts or data, or probe, scan or overload our systems
• copy, resell or reverse-engineer the Services, or share your sign-in outside your campaign
• send spam or unsolicited messages through the Services

We may suspend access that breaks these rules or puts other users at risk.

You can stop using the Services and cancel at any time (section 4). We may suspend or end your account if you break these Terms, fail to pay, or if the law requires it. Where practical we will give notice first.

After your account ends, we keep Your Data for up to 90 days so you can come back or ask for an export. After that we may delete it permanently, except where the law requires us to keep it longer.

The Services are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise the Services will be uninterrupted, error-free or that any figure shown is complete or correct.

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, contributions, data or goodwill. Our total liability for any claim relating to the Services is limited to the amount you paid us in the 12 months before the claim arose.

You agree to indemnify us against claims arising from Your Data or your use of the Services in breach of these Terms or the law.

Changes. We may update these Terms. For material changes we will email account owners at least 30 days before they take effect. Using the Services after that date means you accept the new Terms. A change to the dispute terms below never applies to a dispute that arose before the change takes effect.

Governing law. These Terms are governed by the laws of the State of Missouri, without regard to its conflict-of-law rules. The Federal Arbitration Act governs the arbitration terms below.

Informal resolution first. Before starting arbitration, either side must email the other a description of the dispute and try in good faith to resolve it for 30 days. Our address for this is tommy@borichhernandez.com.

Binding arbitration. Any dispute arising from these Terms or the Services that is not resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator. The arbitration will take place in Kansas City, Missouri, or by video if both sides agree. Judgment on the award may be entered in any court with jurisdiction.

Individual claims only. Each side may bring claims only in its own name, not as a plaintiff or class member in any class, collective or representative action. The arbitrator may not combine claims of more than one customer.

Exceptions. Either side may bring an individual claim in small claims court. Either side may ask a court for an injunction to stop unauthorized use of its accounts, data or intellectual property.

Courts.Any dispute not subject to arbitration, and any action to enforce an award, will be heard only in the state courts in Jackson County, Missouri, or the U.S. District Court for the Western District of Missouri, in Kansas City. Both sides consent to those courts’ jurisdiction.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

Other terms. If any part of these Terms is unenforceable, the rest stays in effect. These Terms and the Privacy Policy are the whole agreement between us about the Services.

Contact. Questions about these Terms: tommy@borichhernandez.com.