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SmartRegister® Subscriber Terms and Conditions

Effective Date: January 1, 2026

These Terms and Conditions (“Terms”) govern access to and use of SmartRegister, a software-as-a-service product provided by ColfaxAI, Inc. (“ColfaxAI,” “Company,” “we,” or “us”). These Terms apply only to SmartRegister subscribers and authorized users acting on behalf of a subscriber (collectively, the “Subscriber”).

These Terms are intended to serve as the standard contractual terms shared with SmartRegister subscribers and are separate from any website terms of service, which will be addressed in a separate document.

By accessing or using SmartRegister, Subscriber agrees to be bound by these Terms.

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1. Definitions

  • SmartRegister refers to ColfaxAI’s proprietary software platform providing voter, donor, and audience targeting tools, predictive modeling, and related services.

  • Subscriber refers to the individual, campaign, organization, committee, or entity that enters into an agreement with ColfaxAI to access SmartRegister.

  • Authorized Users refers to individuals granted access to SmartRegister by Subscriber.

  • Subscriber Data refers to all data uploaded, generated, accessed, or processed by Subscriber through SmartRegister, including voter files, donor records, targeting outputs, and related information.

  • Subscriber Agreement refers to any order form, subscription agreement, statement of work, or pricing agreement executed between Subscriber and ColfaxAI.

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2. Scope of Agreement

These Terms govern Subscriber’s use of SmartRegister and supplement the Subscriber Agreement. In the event of a conflict, the Subscriber Agreement controls.

ColfaxAI provides SmartRegister as a data and analytics tool. Subscriber retains full responsibility for how SmartRegister outputs are used, including compliance with all applicable laws.

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3. Subscriber Responsibilities

Subscriber agrees to:

  • Use SmartRegister solely for lawful purposes

  • Ensure all Authorized Users comply with these Terms

  • Maintain the confidentiality of login credentials

  • Restrict access to Subscriber Data to authorized individuals only

  • Comply with all applicable federal, state, and local laws, including but not limited to election law, privacy law, consumer protection law, and communications regulations

Subscriber is solely responsible for training Authorized Users and for all activity conducted under Subscriber’s account.

4. Data Ownership and Control

Subscriber retains all right, title, and interest in Subscriber Data.

ColfaxAI acts as a data processor with respect to Subscriber Data and processes such data only as necessary to provide SmartRegister services and as directed by Subscriber.

ColfaxAI does not claim ownership of Subscriber Data.

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5. Permitted and Prohibited Uses

Permitted Uses

Subscriber may use SmartRegister to:

  • Analyze voter or donor universes

  • Generate predictive scores and targeting models

  • Support lawful campaign, fundraising, advocacy, or outreach efforts

Prohibited Uses

Subscriber may not:

  • Use SmartRegister for unlawful, deceptive, or abusive practices

  • Use SmartRegister to violate privacy, election, or communications laws

  • Attempt to reverse engineer or copy the platform

  • Share or resell access to SmartRegister without written permission

  • Use SmartRegister to knowingly distribute false or misleading information

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6. Third Party Data and Integrations

SmartRegister may include or rely on third-party data sources or integrations. Subscriber acknowledges that:

  • Third-party data is provided “as is”

  • ColfaxAI does not guarantee accuracy or completeness of third-party data

  • Use of third-party integrations is subject to the third party’s terms and policies

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7. Privacy and Data Protection

Subscriber represents that it has all necessary rights and legal authority to upload, process, and use Subscriber Data within SmartRegister.

Subscriber is responsible for providing any required notices and obtaining any required consents related to Subscriber Data.

ColfaxAI implements reasonable administrative, technical, and organizational safeguards designed to protect Subscriber Data but does not guarantee absolute security.

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8. Fees and Payment

Subscriber agrees to pay all fees specified in the applicable Subscriber Agreement.

Failure to pay fees may result in suspension or termination of access to SmartRegister.

All fees are non-refundable unless otherwise stated in writing.

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9. Suspension and Termination

ColfaxAI may suspend or terminate access to SmartRegister if Subscriber:

  • Violates these Terms

  • Fails to pay required fees

  • Engages in activity that poses legal or security risk

Upon termination, Subscriber’s access will cease. Data access or export rights, if any, are governed by the Subscriber Agreement.

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10. Disclaimers

SmartRegister is provided on an “as is” and “as available” basis.

ColfaxAI disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

ColfaxAI does not guarantee electoral outcomes, fundraising success, or performance results.

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11. Limitation of Liability

To the maximum extent permitted by law:

  • ColfaxAI shall not be liable for indirect, incidental, consequential, or punitive damages

  • ColfaxAI’s total liability arising out of or related to SmartRegister shall not exceed the amount paid by Subscriber in the twelve months preceding the claim

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12. Indemnification

Subscriber agrees to indemnify and hold harmless ColfaxAI from claims arising out of:

  • Subscriber’s use of SmartRegister

  • Subscriber Data

  • Violation of law by Subscriber or Authorized Users

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13. Governing Law

These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-law principles.

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14. Changes to These Terms

ColfaxAI may update these Terms from time to time. Material changes will be communicated to Subscribers. Continued use of SmartRegister constitutes acceptance of updated Terms.

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15. Contact Information

Questions regarding these Terms may be directed to:

ColfaxAI, Inc.
Contact

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© 2024 ColfaxAI Inc. All rights reserved.

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