Terms of Service

Last updated: May 19, 2026.

These Terms govern your use of the Aclamos awards-show platform and the Ballotis voting platform (together, the “Service”), both operated by Toronado Entertainment, LLC, doing business as Aclamos, a Florida limited liability company with principal office at 1634 Cadorette Dr, The Villages, FL 34762, USA (“Aclamos”, “we”, “us”). By creating an account or submitting an entry, you agree to these Terms. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes that organization.

THESE TERMS CONTAIN AN ARBITRATION PROVISION (§ 14) THAT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, A CLASS-ACTION WAIVER, A JURY-TRIAL WAIVER, AND A 1-YEAR LIMITATIONS PERIOD FOR NON-CONSUMER CLAIMS. PLEASE READ § 14 CAREFULLY. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN § 14.

1. Eligibility

You must be at least 16 years old to create an account. If you create an account on behalf of a company, you represent that you have authority to bind that company. Voters in a poll may be subject to the producer’s own age rules; we follow the producer’s age gate for vote eligibility.

2. Your content

“Content” includes nominations, ballots, photos, videos, documents, text, ratings, and any other data you upload, submit, or generate. You retain ownership of your Content. You grant Aclamos a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, transmit, transcode, modify (only for technical purposes such as resizing, format conversion, captioning, and indexing), and process your Content solely to operate, secure, and improve the Service. This license terminates when you delete the Content, except that Aclamos may retain (a) backup copies for the retention windows disclosed in the Privacy Policy, (b) ballot evidence required to defend the integrity of any award decision against fraud claims, and (c) anonymized or aggregated derivatives that cannot be linked back to you. We do not sell your Content. We do not train AI models on your Content without your explicit opt-in.

3. Acceptable use

You agree not to use Aclamos or Ballotis to: send spam; impersonate someone; submit content that infringes a third party’s IP, publicity, or privacy rights; harass, threaten, or defame; manipulate voting via bots, click farms, sock puppets, or coordinated fraud; bypass rate limits or anti-fraud controls; scrape or harvest data; reverse-engineer the Service; or interfere with its operation. See the full Acceptable Use Policy. Voter and ballot integrity is the brand promise of this Service — violations are grounds for immediate account termination plus the liquidated-damages provision in § 16.

4. Fees

Stripe processes payments on our behalf. Aclamos charges 0% per nomination; Stripe’s standard fees apply. Paid Aclamos plans bill monthly or annually via Stripe; you can cancel any time, with the cancellation effective at the end of the current billing period. We do not pro-rate or refund partial months. We may change prices with 30 days’ notice; existing committed-term contracts honour the price you signed at.

5. Refunds

Nomination fees are paid to the show producer (the organization, not Aclamos). The show producer’s refund policy applies. Aclamos-plan fees are refundable within 14 days of first purchase if you haven’t actively run a show; partial-period refunds are not provided. EU and UK consumers retain the statutory 14-day cooling-off period for digital services, unless you began using the paid features within that window (in which case you waive the cooling-off right by starting the service). See also the Refund Policy.

6. Service availability

We aim for 99.9% uptime on the Growth plan and 99.95% on Studio. Planned maintenance is announced on status.aclamos.app. We are not liable for downtime caused by upstream sub-processors (Stripe, Anthropic, Twilio, Cloudflare) or by events outside our reasonable control (see § 17, Force Majeure).

7. Termination

You can delete your account or organization at any time from settings. We may suspend or terminate accounts that violate these Terms or the AUP, with notice when reasonable. We may terminate immediately and without notice if continued access would create legal, security, or integrity risk to the Service or other users. Upon termination, paid features stop and your data is subject to deletion per our Privacy Policy.

8. Warranty disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE OUTCOMES OF ANY AWARDS PROGRAM, BALLOT, OR VOTE ARE LEGITIMATE OR FREE FROM MANIPULATION. Outcomes of awards programs and votes are the responsibility of the producer running them; we provide platform integrity controls but cannot guarantee a particular outcome.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ACLAMOS, ITS AFFILIATES, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST DATA, LOST GOODWILL, COST OF SUBSTITUTE SERVICES, OR REPUTATIONAL HARM — ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ACLAMOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ACLAMOS’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU ACTUALLY PAID ACLAMOS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) US$100.

The parties acknowledge that these limits are an essential basis of the bargain and that Aclamos would not provide the Service on these terms without them. Nothing in this section limits liability for: (i) Aclamos’s fraud or willful misconduct; (ii) personal injury or death caused by Aclamos’s gross negligence; (iii) amounts you owe Aclamos under your subscription; or (iv) liability that cannot be excluded or limited under applicable law (including non-waivable consumer-protection rights under FDUTPA, CCPA/CPRA, and the GDPR/UK GDPR).

10. Indemnification

You agree to defend, indemnify, and hold harmless Toronado Entertainment, LLC, its affiliates, and each of their officers, directors, employees, contractors, and agents from and against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, costs, and expenses — including reasonable attorneys’ fees, expert fees, and court costs — arising out of or relating to: (a) the Content you upload, share, transmit, or otherwise make available through the Service; (b) your use of the Service in violation of these Terms or applicable law; (c) your breach of any representation or warranty in these Terms; (d) any allegation that your Content infringes a third party’s intellectual-property, publicity, or privacy right; (e) any allegation of vote manipulation, ballot tampering, or anti-fraud violation traceable to your account; or (f) any government investigation, subpoena, or regulatory inquiry caused by your conduct on the Service. Aclamos will give you prompt written notice of any claim it tenders for indemnification, allow you to control the defense (with counsel of Aclamos’s reasonable approval), and provide reasonable cooperation at your expense. You may not settle any claim that imposes liability or admission of fault on Aclamos without Aclamos’s prior written consent.

11. Sectoral exclusions

Aclamos is not a HIPAA covered entity or business associate; do not submit US Protected Health Information through the Service unless we have signed a separate Business Associate Agreement (BAA). For US K-12 / higher-education customers, the Service is offered under FERPA “school official” terms when the educational institution makes us subject to its direct control by signing our Educational Records Addendum. We do not knowingly process data of children under 13 without verifiable parental consent — see Privacy Policy.

12. Sweepstakes & contests run by Customers

If you (the Customer) run a fan vote, sweepstakes, or contest with prizes, you are solely responsible for compliance with applicable law, including but not limited to Florida Statutes § 849.094 (game promotion registration where prizes > US$5,000), New York General Business Law §§ 369-e/369-f, Rhode Island registration, and California / Maryland bonding requirements. Aclamos provides the technical platform; we do not provide legal advice on prize-promotion law and will not register or bond on your behalf. You will indemnify Aclamos for any claim arising out of your prize promotion under § 10.

13. Intellectual property

All software, design, branding, and original content of the Service are owned by Aclamos or its licensors. “Aclamos” and “Ballotis” are trademarks of Toronado Entertainment, LLC. You may not copy, modify, reverse-engineer, or create derivative works of the Service without our written permission. Feedback you provide may be used by us without compensation.

14. Governing law, arbitration, and disputes

Governing law. These Terms, and any dispute arising out of or relating to them or to the Service, are governed by the laws of the State of Florida, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Mandatory notice and informal resolution. Before initiating an arbitration or a small-claims action against the other party, the initiating party must first send a written Notice of Dispute describing the nature and basis of the claim, the relief sought, and the initiating party’s contact information. Send a Notice of Dispute to Aclamos by email to legal@aclamos.app AND by certified U.S. mail to Toronado Entertainment, LLC, 1634 Cadorette Dr, The Villages, FL 34762, USA, Attn: Legal — Notice of Dispute. The parties will attempt to resolve the dispute informally for 60 days after the Notice of Dispute is received. Arbitration or court filing may not commence until the 60-day informal-resolution period has elapsed.

Binding individual arbitration. Except for the carve-outs in this Section, any dispute, claim, or controversy between you and Aclamos that is not resolved during the 60-day informal-resolution period will be resolved by final and binding individual arbitration, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (available at adr.org). The arbitrator — not any federal, state, or local court — has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, except that a court may decide whether a claim falls within the small-claims-court carve-out below.

Seat and venue. The arbitration will be seated in Sumter County, Florida. If the AAA Rules permit, the hearing will be conducted by videoconference; in-person hearings (if requested by either party) will be held in Sumter County, Florida or, at the consumer’s election under the AAA Consumer Arbitration Rules, in the U.S. county where the consumer resides. The arbitrator will apply Florida substantive law and the Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this arbitration provision.

Arbitration fees. For claims under US$10,000, Aclamos will pay all AAA filing, administration, and arbitrator fees as required by the AAA Consumer Arbitration Rules. For larger claims, fees are allocated under the AAA Rules.

Class, collective, and representative-action waiver. YOU AND ACLAMOS EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of multiple parties and may not preside over any form of representative or class proceeding.

Jury-trial waiver. YOU AND ACLAMOS EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY COURT PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

Carve-outs from arbitration. Notwithstanding the above, either party may: (i) bring an individual claim in small-claims court in the county of the consumer’s residence or Sumter County, Florida, so long as the claim remains in small-claims court; and (ii) seek temporary or preliminary injunctive relief in a state or federal court located in Sumter County, Florida to protect intellectual-property rights, trade secrets, or to prevent unauthorized access pending arbitration.

Exclusive forum for court claims. Any claim that is permitted to proceed in court rather than arbitration must be filed exclusively in the state or federal courts located in Sumter County, Florida, and both parties consent to personal jurisdiction and venue in those courts and waive any objection based on inconvenient forum.

Right to opt out of arbitration. You may opt out of the arbitration provision and class-action waiver in this Section 14 by sending written notice within 30 days of first agreeing to these Terms to legal@aclamos.app with your name, email, account uid, and a clear statement that you opt out. Opting out preserves your right to bring an individual claim in court but does not affect any other part of these Terms.

1-year limitations period for non-consumer claims. To the maximum extent permitted by law, any claim by an organization or business user against Aclamos arising out of or relating to the Service must be commenced (whether in arbitration or court) within one (1) year after the claim accrued; claims not commenced within that period are permanently barred. This shortening does not apply to consumer claims to the extent applicable law makes it unenforceable.

Mass-arbitration handling. Where 25 or more substantively identical arbitration demands are filed against Aclamos by the same or coordinated counsel within a 60-day period, the parties agree to a bellwether process: a representative cohort of 10 cases will arbitrate first; the remaining cases are stayed and any applicable statutes of limitation are tolled during the bellwether process. After the bellwether cases are resolved, the parties will attempt to globally resolve the remaining cases applying the same legal framework; cases that do not settle proceed in waves of 10.

15. State-specific consumer protection

Florida (governing-law state). Florida residents retain all non-waivable rights under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. §§ 501.201–501.213, and the Florida Digital Bill of Rights (FDBR), Fla. Stat. §§ 501.701 et seq., notwithstanding anything in these Terms.

California. California residents retain non-waivable rights under the Consumers Legal Remedies Act (Cal. Civ. Code §§ 1750 et seq.), the California Consumer Privacy Act / California Privacy Rights Act, and the Auto-Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.), notwithstanding anything in these Terms.

Other US states. Residents of any US state retain any non-waivable consumer-protection rights under the law of their state of residence. The choice of Florida law as governing does not eliminate rights you have under the law of your home state. EU and UK residents retain mandatory consumer-protection rights under their local law.

16. Liquidated damages — ballot tampering and impersonation

You acknowledge that the actual damages caused by ballot tampering, vote manipulation, impersonation, and scraping are difficult or impossible to calculate with precision but cause real harm to producers, voters, and to the integrity of the Service. As a reasonable estimate of those damages and not as a penalty, you agree that if Aclamos reasonably determines (after notice and an opportunity for you to respond) that you have: (a) cast votes via bots, click farms, sock puppets, or other coordinated fraud; (b) impersonated another person, a nominee, a producer, or a sponsor; (c) scraped, harvested, or systematically copied ballot data or any other Content; or (d) used the Service to send unauthorized commercial SMS or email in violation of the TCPA, CAN-SPAM, FTSA, or analogous law, then in addition to any other remedy available under law, you will pay Aclamos liquidated damages of US$2,500 per violation, with a cap of US$100,000 per account per calendar year. This provision is in addition to — not in lieu of — Aclamos’s right to terminate your account, pursue injunctive relief, recover actual damages where they exceed the liquidated amount and are proven, and refer the matter to law enforcement.

17. Force majeure

Neither party will be liable for any failure or delay in performance — except for payment obligations — caused by events beyond the party’s reasonable control, including acts of God, hurricanes, floods, earthquakes, fires, pandemics, war, terrorism, civil unrest, government acts, embargoes, labor disputes, network outages, third-party-provider outages, denial-of-service attacks, or failure of utilities or telecommunications. The affected party will use commercially reasonable efforts to resume performance as soon as practicable. If a force majeure event continues for more than 30 consecutive days, either party may terminate these Terms by written notice without further liability.

18. Notices

Notices to you. We may give notice to you by email (to the address on your account), by SMS (to a verified mobile number where you have opted in), or by in-product banner. You consent to receive such notices electronically and agree that electronic notice satisfies any legal requirement that the notice be in writing.

Notices to Aclamos. Any legal notice, including a Notice of Dispute under § 14, subpoena, or service of process, must be sent to legal@aclamos.app AND by certified U.S. mail to: Toronado Entertainment, LLC, 1634 Cadorette Dr, The Villages, FL 34762, USA, Attn: Legal. Notice is effective upon receipt.

19. Severability and survival

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, that provision will be modified to the minimum extent necessary to be enforceable, and if it cannot be modified it will be severed from these Terms; the remaining provisions remain in full force and effect. Sections that by their nature are intended to survive termination — including §§ 2 (Your content), 8 (Warranty disclaimer), 9 (Limitation of liability), 10 (Indemnification), 13 (Intellectual property), 14 (Governing law, arbitration, and disputes), 16 (Liquidated damages), 17 (Force majeure), 18 (Notices), 19 (Severability), 20 (Assignment), 21 (Entire agreement), 22 (Headings), and 23 (No third-party beneficiaries) — will survive any termination or expiration of these Terms.

20. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Aclamos’s prior written consent; any attempted assignment in violation of this Section is void. Aclamos may assign these Terms or any of its rights or obligations to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without your consent and without notice. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.

21. Entire agreement

These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, Refund Policy, DPA, Subprocessors list, Accessibility Statement, and Imprint (collectively, the “Agreement”), constitute the entire agreement between you and Aclamos regarding the Service, and supersede any prior or contemporaneous agreements, communications, or understandings on the same subject matter. In the event of any conflict between these Terms and another component of the Agreement, these Terms control, except (i) the Refund Policy controls on refund procedure and timing, (ii) the Privacy Policy controls on data-handling specifics, (iii) the DPA controls when Aclamos is acting as a Processor for a Controller, and (iv) any signed written master services agreement between you and Aclamos controls to the extent of any conflict.

22. Headings and interpretation

Section headings are for convenience only and have no substantive effect. “Including” and “such as” mean “including but not limited to” and do not limit any preceding term. “Days” means calendar days unless otherwise specified. Singular includes plural and vice versa. The drafting party will not be construed against under any rule of contract interpretation.

23. No third-party beneficiaries

These Terms are for the benefit of you and Aclamos only. There are no third-party beneficiaries — no other person or entity has any right to enforce these Terms or to seek any remedy for any breach of these Terms — except that Aclamos’s affiliates and the indemnified parties listed in § 10 are intended third-party beneficiaries of §§ 9, 10, and 14.

24. Government use and export control

The Service is “commercial computer software” and “commercial computer software documentation” within the meaning of FAR 12.212 and DFARS 227.7202. If you are a U.S. federal government end user, your use is governed by these Terms and not by any government-procured license. You will comply with all U.S. and applicable foreign export-control, sanctions, and anti-terrorism laws. You represent that you are not on any U.S. government list of prohibited or restricted parties, and you will not access the Service from any U.S.-embargoed country.

25. Section 230 reservation of rights

Aclamos is an interactive computer service under 47 U.S.C. § 230 and is not the publisher or speaker of user-generated Content. Aclamos expressly reserves all immunities and protections available under § 230 with respect to third-party Content, including any moderation decisions or refusals to publish. Nothing on Aclamos that displays user Content is an endorsement by Aclamos of that Content.

26. Electronic signatures and records

You consent to receive records and to do business with Aclamos electronically under the U.S. ESIGN Act (15 U.S.C. § 7001), the Uniform Electronic Transactions Act (UETA), and the Florida Uniform Electronic Transaction Act (FUETA), Fla. Stat. § 668.50. Your electronic acceptance of these Terms — by clicking, tapping, or otherwise affirming agreement — has the same legal effect as a handwritten signature.

27. Changes

We may update these Terms from time to time. For material changes — changes to governing law, arbitration, class-action waiver, dispute resolution, fees, or the categories of personal information processed — we will provide at least 30 days’ advance notice by email (to the address on your account) and by in-product banner. For non-material changes (typo fixes, clarifications, or vendor disclosures), we will update the “Last updated” date and notify by in-product banner; continued use after the effective date is acceptance. We will not apply material changes retroactively to claims that arose before the change took effect.

28. Contact

legal@aclamos.app
Legal mailing address: Toronado Entertainment, LLC, 1634 Cadorette Dr, The Villages, FL 34762, USA, Attn: Legal.