LICENSE AGREEMENT AND TERMS OF USE AMPLIFY v 2.0
By using Amplify (AMPLIFY), you accept the following terms of service and License Agreement. If you do not agree with these terms, you should not use the program and promptly request a refund.
AMPLIFY is to be used only for membership management and CRM services related to the advocacy of a specific electoral candidate or ballot issue, political party, or governmental purposes (including, but not limited to, texting, calling and canvassing capabilities). The confidential voter registration information accessible through AMPLIFY is for your exclusive knowledge and use. State law strictly prohibits the use of voter information for personal or commercial use. The receipt, viewing and use of Confidential Voter Registration Information is restricted by the laws and regulations of the state of California including and not limited to Section 6254.4 of the Government Code, Sections 2194, 18109, and 18110 of the Elections Code and Sections 19003, 19004 and 19007 of the California Code of Regulations. Registered voter information will be used as defined by Title 2, Division 7, Article 1, Section 19003 of the California Code of Regulations, and Elections Code Section 2194 and Government Code Section 6254.4. (For details of the above state laws and regulations visit http://www.leginfo.ca.gov/.html/elec_table_of_contents.html or http://www.leginfo.ca.gov/)
Pursuant to Elections Code §§ 2187, 2188, and § 2194, voter registration information is available to persons or groups for election, scholarly, journalistic, political, or governmental purposes as determined by the Secretary of State. All requests to view, purchase, or use voter registration information must be accompanied by a written application.
You authorize Particle64 LLC(P64) to act as your Data Vendor, meaning P64 may contact election officials on behalf of you or your clients to deal with issues relating to the Voter File and Vote by Mail data. You also agree that at any time upon request you will disclose in writing the name of the candidate, committee or elected official that you provide voter information to or on behalf of.
You agree to maintain the confidentiality of any Information and to take all reasonable efforts to restrict access to such Information. You agree to destroy all copies of the information after it has been made use of the Information in the manner agreed.
Voter data or any information derived from this program may not be distributed to another organization. Failure to adhere to the terms and conditions of this agreement will result in the immediate termination of your subscription and possible forfeiture of proprietary data. ANY VIOLATION OF THIS AGREEMENT WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.
Ownership
Particle64 LLC retains ownership of all non‐proprietary voter information. Proprietary information created or modified by a campaign is the property of the Person/Organization invoiced for this service.
You May
You may transfer your rights to Amplify to another person or organization within the same campaign cycle during which AMPLIFY was first purchased. All usage rights of the original licensee are forfeited at this time. The transferee must agree to the terms and conditions of the agreement and re‐register with Particle64 LLC.
If you would like to transfer data to another user or organization within Amplify. Please email amp@particle64.com with the subject ‘Data Transfer’. In the body of the email please indicate the origin organization and the destination organization. The destination organization will need to be an existing organization (in good standing) on Amplify. Any organization may also request an export of any flags they have added to the database.
If you would like all user and inputted data deleted for your organization within Amplify. Please email amp@particle64.com with the subject ‘Data Deletion’. In the body of the email please indicate which organization will be deleted and request that all data associated or inputted by that organization is to also be deleted. BE AWARE: Once data is deleted it is unrecoverable.
You May Not
You may not lease, rent, sub‐license or time‐share use of the AMPLIFY in any manner unless written permission is expressly granted by Particle64 LLC. This includes the sale or distribution of information derived from the program. The license provides no rights to use AMPLIFY except as specifically stated herein. Any altered, or edited version of the information remains the property of P64. The customer, and/or processor, shall pay P64 the top retail rate for each use of the Information in violation of this Agreement.
Contact Data Opt In
No mobile information collected in Particle64 will be shared with third parties or affiliates for marketing or promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Termination
This license and your right to use this software may be automatically terminated if you fail to comply with any provision on this license agreement. Failure to pay subscription fees may result in termination prior to Election Day without notification.
Rights
Particle64 LLC retains all rights not expressly granted in this license agreement. Nothing in this license agreement constitutes a waiver of Particle64 LLC’s rights under the U.S. copyright laws or any other Federal or State law.
Limited Warranty
Particle64 warrants that the AMPLIFY application and AMPLIFY documentation are not defective. Particle64 further warrants that the program operates substantially as described in the documentation. Remedies not specifically part of this Limited Warranty are: any other damages, including loss of income or profit, loss of data or use of AMPLIFY or any other claims that may arise from its use.
Product Support
Subscription to the AMPLIFY Software entitles you to a variety of product support options that address certain problems or defects related to the normal operation and functioning of the program. Additional fee based support options are available. Please see the Product Support section of this document for complete details about our support policy. Product Support requires a congenial and effective relationship between Particle64 LLC and the user. If such a relationship cannot be maintained, Particle64 LLC reserves the right to terminate product support and/or your right to use the program.
License Agreement
Although Particle64 LLC has tested the software and reviewed the documentation, Particle64 LLC MAKES NO WARRANTY OF REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THIS AMPLIFY SOFTWARE OR DOCUMENTATION, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THIS SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS" AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.
IN NO EVENT SHALL PARTICLE64 LLC BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION.
THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. No Particle64 LLC dealer, agent, or employee is authorized to make any modifications or additions to this warranty.
Information in this document is subject to change without notice and does not represent a commitment on the part of Particle64 LLC. The software described in this document is furnished under this license agreement. The software may be used only in accordance with the terms of this agreement.
Some states do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Product Support: AMPLIFY
We are committed to helping campaigns/organizations fully utilize the AMPLIFY, and to provide support that will help your organization to successfully use the software.
We have a full-time technical support staff dedicated to helping clients with AMPLIFY. We triage requests that come into the support staff and will help you as quickly as possible, dependent on current workload.
The purpose of Amplify is to give organizations and campaigns cutting edge tools to manage membership, residents, and voters in efforts to support their mission.
Because of this, the most successful AMPLIFY users have basic computer and Internet skills, and general knowledge of the campaign process and terminology.
We often receive requests that are covered in the AMPLIFY documentation. Answers to questions such as how to navigate various modules or activities can be found in the documentation.
Particle64 LLC strives to provide more Particle64 LLC resources and additional staff during peak times for campaigns, but cannot guarantee such resource allocation.
What’s Covered in your Free Support Package
With AMPLIFY, you have access to free product support options that address a problem or defect related to the normal operation and functioning of the program. Additional support options are available for a fee.
The P64 support team will:
- Prioritize errors within the program above all else. If you are getting an error screen, a time out, or the program is behaving incorrectly, please contact P64 Support as soon as possible.
- Provide a one-time orientation to your campaign or organization. This is one 45-minute orientation by web conference for as many people in your organization as you would like. The orientation will cover basics about how to use the program. Please allow 3 to 4 business days for scheduling the orientation.
- Provide limited phone and email technical support during normal business hours. This service is always free if questions reflect problems with the normal operating and functioning of the program or subjects not covered in product documentation. Users will be notified if a call does not qualify as free support. - Point you to the support documentation if the answer can be found there.
- Respond to urgent and emergency requests. If you find yourself stuck and it is a true emergency, we recommend that you alert support and your Particle64 representative, notifying them of the nature of the emergency and what your timing is regarding a solution—we handle requests better when we know, “I have a walk Saturday morning at 9” rather than “I need this solved ASAP.”
The support team cannot:
- Provide strategic guidance about who you should be targeting or how to target your voters. These decisions are up to you and your team.
- Give out passwords over the phone. If you have password issues, please contact support@particle64.com.
- Help with non-P64 related tech issues.
Availability & Response Time
When you contact P64 support, you can expect to receive an initial response within a timely manner. If the issue is something that requires something more than a simple answer, we may need more time to investigate and process the issue, and then will contact you when the issue is resolved. You will receive the quickest response by sending a detailed email to amp@particle64.com during business hours.
All year round: You can expect an initial response to your call or email within about an hour during normal business hours: 10am to 5pm, Monday through Thursday.
Within three months of your election: We’ll monitor phone and emails after hours and on weekends. Between 5pm and 8pm, and from 9am to 5pm on weekends, you can expect an initial response to your call or email within 4 hours.
Within one month of your election: We’ll respond to emails and calls within about an hour from 9am to 8pm every day.
If you are running a special election campaign, support hours may not adhere to these hours. Please discuss support expectations with your P64 representative. During peak times, we prioritize clients with earlier election dates ahead of those with longer lead times. For example: During the final month of a statewide primary or general election, we may ask clients preparing for later elections to postpone training appointments and non-urgent requests so that we're able to focus on other clients' more immediate needs. Of course, this means we'll give you the same consideration as your own election date grows near. Due to the cyclical nature of campaigns, our support team is in highest demand during the same time that campaigns are working the most. For instance, our busiest time during campaign season is on Friday afternoons and evenings when organizations are prepping walk sheets, phone sheets, and preparing for weekend grassroots efforts. Please keep this in mind when you are getting started in the program and allow extra time in the beginning to get used to the program—it’s better to need a question answered a couple days before your volunteer walk than a couple of hours before, causing stress on both ends.
How to Reach Us
Our small, but dedicated, support team works on an on-call basis. This means that you may not get the same support person each time, but that we are all usually briefed and aware of support issues.
You will receive the fastest response by joining our discord server at https://discord.gg/mFGmuGH8rZ. Inside the server you will find resource and support channels. Staff is monitoring the discord server 24/7. If you are having trouble accessing discord or are not getting a response, you can also email amp@particle64.com.
When troubleshooting issues, it will help us to know as much of the following information as possible:
- What is your organization?
- What campaign were you working on?
- What module were you working in?
- When did the issue start happening?
- When is your deliverable due?
- What type of device (IOS, Android, Windows, MAC...etc) are you working on?