Terms of Service

1. Acceptance

By using eVoting (the “Service”) you agree to these Terms of Service (“Terms”) and to our Privacy Policy. If you are accepting on behalf of an organisation, you confirm you have the authority to bind that organisation. If you do not agree, you must not use the Service.

2. The Service

eVoting is an online platform that allows organisations to run nomination campaigns, issue voting links to eligible voters, collect ballots, tabulate results, and publish certified outcomes. The Service is provided as a software-as-a-service product by Nei Shot Webx Solutions CC (registration number CC/2025/02042) of the Republic of Namibia (the “Operator”).

3. Roles

• Organisations contract with the Operator to run their elections. They are the data controllers for voter data they upload.
• Administrators act on behalf of an organisation. They must keep their credentials confidential and are responsible for all activity performed with their account.
• Voters are individuals issued a private ballot link by an organisation.
• Nominees and supporters participate in nomination campaigns under rules the organisation sets.
• Members of the public may view published results and public election notices.

4. Eligibility

You may use the Service only if you are at least 18 years old, or are participating in an election where the organisation has obtained appropriate consent for under-18 voters. You must not be barred from using the Service under any applicable law or sanctions regime.

5. Account security

If you have an administrator account, you must:

• Choose a strong, unique password (minimum 10 characters with mixed case, numbers, and symbols)
• Keep your credentials private and not share them with anyone
• Notify us immediately if you suspect your account has been compromised
• Sign out of shared devices

You are responsible for all actions taken with your account, including by anyone you allow to use it.

6. Voter conduct and ballot integrity

If you are a voter you must not:

• Use a voting link that was not issued to you
• Share your voting link with anyone or sell your vote
• Attempt to vote more than once in the same election
• Use software, scripts, or automated tools to submit a ballot
• Tamper with any ballot data, token, or recovery code
• Impersonate another voter, including a deceased voter
• Coerce, intimidate, or pay any other voter to vote in a particular way

Any of the above is a serious breach of these Terms. We will cooperate with the affected organisation and law enforcement, including disclosing technical records that identify the breach (subject to ballot secrecy where applicable).

7. Acceptable use

You must not, and must not permit anyone else to:

• Use the Service for an unlawful purpose or to violate the rights of others
• Probe, scan, or test the vulnerability of the Service without our prior written authorisation
• Circumvent rate limits, authentication, or any other technical control
• Scrape, mirror, or extract bulk data, including voter lists, results, or audit logs
• Reverse engineer, decompile, or disassemble any part of the Service except as permitted by mandatory law
• Upload or transmit malware, viruses, or any other harmful code
• Use the Service to send spam, phishing, or other unsolicited communication
• Misrepresent your identity, role, or authority
• Interfere with or disrupt the integrity or performance of the Service

8. Organisations’ data obligations

If you upload voter data on behalf of an organisation, you confirm that:

• You have a lawful basis to process that data and to engage us as a processor
• You have provided every voter with a privacy notice that mentions our role as processor
• You will respond to data subject access, correction, and deletion requests in respect of voters in your election
• You will not include special-category data (e.g. health, religion, political affiliation) in voter records unless strictly necessary and with documented justification
• You will configure ballot secrecy or transparency in line with what you disclosed to your voters before the election opened

9. Intellectual property

The Service, its source code, designs, trademarks, logos, and all related intellectual property are owned by the Operator or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for the purposes set out in these Terms. You retain all ownership of voter and election data your organisation uploads, subject to the licence you grant us in section 10.

10. Licence to your data

You grant us a non-exclusive, worldwide, royalty-free licence to host, store, transmit, and process your data for the sole purpose of providing the Service to you. This licence ends when you delete the data, except for backups and audit records we are required to retain by law or as part of certified election integrity.

11. Service availability

We aim for high availability but do not guarantee uninterrupted service. The Service may be unavailable during scheduled maintenance, due to circumstances beyond our reasonable control, or as required to address a security incident. Where an election is critically impacted, we will work with the organisation to extend voting windows or otherwise mitigate the disruption.

12. Suspension and termination

We may suspend or terminate your access immediately if:

• You materially breach these Terms or our Acceptable Use rules
• We have a reasonable belief that fraudulent or illegal activity is occurring on your account
• An organisation’s contract with us ends or is breached
• We are legally required to suspend the Service

On termination we will give the organisation a reasonable opportunity to export its data, after which we may delete it in accordance with the retention rules in our Privacy Policy.

13. Disclaimers

The Service is provided “as is” and “as available”. To the fullest extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free, secure, or that defects will be corrected immediately.

14. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, consequential, special, or punitive damages, or for loss of profits, data, goodwill, or anticipated savings, arising out of or in connection with these Terms, even if advised of the possibility of those damages.

Our total aggregate liability for any claim arising out of or related to the Service is limited to the fees paid by the organisation to the Operator in the twelve months preceding the event giving rise to the claim, or NAD 5,000, whichever is greater. Nothing in these Terms excludes liability that cannot be excluded under applicable law (for example fraud, gross negligence, or death and personal injury caused by negligence).

15. Indemnity

You agree to indemnify and hold the Operator harmless from any claim, loss, or liability (including reasonable legal fees) arising out of your breach of these Terms, your violation of applicable law, or your infringement of any third party’s rights.

16. Force majeure

Neither party will be liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, internet or telecom failures, power outages, civil unrest, war, government action, or denial-of-service attacks against critical infrastructure.

17. Governing law and disputes

These Terms are governed by the laws of the Republic of Namibia. Any dispute arising out of or in connection with these Terms is subject to the exclusive jurisdiction of the courts of Namibia, save that we may seek urgent injunctive relief in any competent court to protect our intellectual property or the integrity of the Service.

18. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified to organisation administrators by email at least 14 days before they take effect. The version and last-updated date at the top of this page always reflects the current text. Your continued use of the Service after a change takes effect constitutes acceptance of the change.

19. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be reformed to the minimum extent necessary to make it enforceable.

20. Entire agreement

These Terms together with our Privacy Policy and any signed master services agreement between an organisation and the Operator constitute the entire agreement between the parties and supersede all prior agreements relating to the subject matter.

21. Contact

Questions about these Terms can be sent to legal@neishot.com.