Terms & Conditions | The Margin

1. Acceptance of Terms

By accessing or using The Margin platform at themarginstat.com (the "Platform"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, you should not use the Platform. These Terms are governed by the laws of the Republic of Kenya.

2. Platform Description

The Margin is a political intelligence and election data analytics platform that provides data-driven insights, visualizations, polling data, and analysis for Kenyan elections and political landscape. Our services include interactive maps, data comparison tools, blogs, polls, and research reports targeted at campaign managers, media organizations, researchers, and the public.

3. Account Registration

To access certain features, you must create an account. You agree to:

Provide accurate and complete registration information
Maintain the security and confidentiality of your login credentials
Notify us immediately of any unauthorized use of your account
Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Service Tiers

The Platform offers different service tiers (Explorer, Analyst, Campaign Pro) with varying levels of access and features. Pricing and feature availability are subject to change. We will provide reasonable notice of any material changes to subscription pricing. Payment terms, where applicable, are processed through secure third-party providers and are subject to the terms of those providers.

5. Acceptable Use

You agree not to:

Use the Platform for any unlawful purpose or in violation of Kenyan law
Distribute false or misleading election data or information
Attempt to manipulate, disrupt, or interfere with the Platform's systems
Scrape, crawl, or use automated tools to access the Platform without authorization
Share, resell, or redistribute premium content without permission
Use Platform data to incite violence, hatred, or ethnic division
Impersonate another person or entity on the Platform
Upload datasets containing personally identifiable voter information without proper authorization

6. Intellectual Property

All content, analysis, visualizations, software, and materials on the Platform are the intellectual property of The Margin or our licensors and are protected under Kenyan intellectual property laws, including the Copyright Act, 2001.

You are granted a limited, non-exclusive, non-transferable license to access and use the Platform for personal or internal business purposes. You may cite or reference our published analysis with proper attribution to "The Margin (themarginstat.com)."

7. Data & Content

Election data presented on the Platform is sourced from publicly available resources including the Independent Electoral and Boundaries Commission (IEBC), Kenya National Bureau of Statistics (KNBS), and verified polling organizations.

While we strive for accuracy, we do not guarantee that all data is error-free. Data and analysis are provided for informational and research purposes and should not be considered as official election results or government data.

If you upload datasets to the Platform, you retain ownership of your data but grant us a limited license to process, display, and analyze it within the Platform as part of the services provided to you.

8. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or secure, or that any data or analysis will be completely accurate.

9. Limitation of Liability

To the fullest extent permitted by Kenyan law, The Margin shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, business opportunities, or goodwill, arising out of or related to your use of the Platform, even if we have been advised of the possibility of such damages. Our total aggregate liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

10. Election & Political Content

The Margin is an independent data analytics platform. We are not affiliated with any political party, candidate, or government agency. Our analysis and commentary reflect data-driven conclusions and do not constitute political endorsements or campaign communications.

Users of the Platform for campaign purposes must comply with all applicable Kenyan election laws, including the Election Campaign Financing Act, 2013, and IEBC regulations regarding political advertising and campaign materials.

11. Termination

We may suspend or terminate your access to the Platform at any time for violation of these Terms or for any other reason at our discretion, with or without notice. Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination (including intellectual property, disclaimers, and limitation of liability) shall continue to apply.

12. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising from these Terms or your use of the Platform shall first be addressed through good faith negotiation. If unresolved, disputes shall be submitted to arbitration in Nairobi under the Arbitration Act, 1995 (as amended), or to the jurisdiction of the courts of Kenya.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the Platform or via email. Your continued use of the Platform after such changes constitutes acceptance of the updated Terms.

14. Contact

For questions about these Terms, contact us at:
The Margin
Email: [email protected]
Nairobi, Kenya