Representative-Specific Policies

The Public Representative shall use the Platform strictly in the discharge of official public functions and in accordance with applicable constitutional, statutory, and ethical obligations, including but not limited to the Ethics in Public Office Act 1995 (as amended), the Standards in Public Office Act 2001 (as amended), and any applicable codes issued by the Standards in Public Office Commission. Political Participant Representatives shall use the Platform in compliance with all applicable electoral, campaign finance, advertising transparency, and political communications laws. The Company does not supervise, certify, or monitor compliance with such laws. Use of the Platform shall not be directed toward private commercial gain, personal enrichment, or electoral campaign activities unrelated to the exercise of official constituency duties, unless consented. Nothing in this Code shall be construed as limiting lawful political expression; however, the Platform shall not be used as a substitute for regulated campaign infrastructure.

The Representative acknowledges and reaffirms their independent status as Data Controller in respect of Citizen Case Content, as defined in Privacy Policy and Data Protection.

Any communication issued by a Representative through the Platform remains the sole responsibility of that Representative. The Platform does not endorse, verify, or adopt such communication. Representatives shall not publish content that is defamatory within the meaning of the Defamation Act 2009 (Ireland), constitutes unlawful incitement under the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Act of 2024, or otherwise violates applicable law. Further, nothing herein converts the Platform into a publisher within the meaning of Irish defamation law.

Representatives acknowledge that communications conducted in an official capacity may be subject to disclosure under the Freedom of Information Act 2014 or other applicable statutory or regulatory obligations. Any request received through the Platform that may constitute a statutory disclosure request shall be subject to a preliminary administrative and compliance review by Constituency for the limited purposes of classification, security screening, privilege identification, and verification of proper direction to the relevant public body. Nothing in this Agreement shall be construed as: (a) rendering the Company a "public body" or otherwise subjecting the Company directly to the Freedom of Information Act 2014 or equivalent access-to-information legislation; (b) imposing upon the Company any obligation to assess, respond to, or comply with disclosure requests addressed to a Representative; (c) preventing the Company from complying with its own legal, regulatory, or law-enforcement obligations; (d) requiring the Company to disclose information that is protected by legal privilege, commercial sensitivity, trade secrecy, security protocols, or data protection law; or (e) limiting the Company's right to contest, narrow, or seek protective measures in respect of any disclosure request. Representatives remain solely responsible for determining and complying with their own statutory disclosure obligations. Political Participant Representatives acknowledge that communications conducted through the Platform are not communications to or from a public body unless and until they assume public office, and therefore may not attract statutory access-to-information protections or obligations.

Where a Representative materially breaches this Code in a manner that creates regulatory, reputational, or systemic risk, the Company may implement proportionate measures including temporary suspension, pending clarification, consistent with DSA procedural fairness obligations under DSA-Required Policies.

A subscription constitutes: (a) a business-to-business (B2B) service contract between Philoware Limited (T/A Constituency) and the Representative acting in an official professional capacity; or (b) a professional political services contract where entered into by a Political Participant Representative in connection with political engagement activities. Where a Political Participant Representative subscribes as a natural person acting outside the course of trade or profession, mandatory consumer protection laws, including Directive 2011/83/EU (Consumer Rights Directive) and the Irish Consumer Protection Act 2007, may apply to the extent required by law. The Consumer Rights Directive (2011/83/EU) shall not apply where the Representative subscribes in the exercise of professional or official functions.

Fees are exclusive of VAT unless otherwise stated. VAT shall be charged in accordance with Irish VAT Consolidation Act 2010 and EU VAT Directive 2006/112/EC, including reverse-charge mechanism where applicable. The applicable and current standard VAT rate is 23%.

Representative seat licences are billed on a recurring monthly basis in advance. The applicable subscription fee shall be automatically charged on the first day of each billing cycle using the payment method designated by the Representative at the time of subscription. Payments are processed through Stripe Payments Europe, Ltd. (or its affiliated entity providing services within the European Economic Area), acting as an independent payment processor. By providing payment details, the Representative authorises the Company and its designated payment processor to charge all applicable subscription fees, taxes, and authorised adjustments to the selected payment method. Invoices reflecting charges and payment confirmations shall be made available electronically through the Representative's Constituency's account settings (under the Billing section of the dashboard). Electronic invoices shall constitute valid tax invoices for the purposes of applicable Irish and EU VAT legislation. Failure of an automated payment attempt does not relieve the Representative of payment obligations. Constituency may reattempt payment within a reasonable period and may restrict administrative access in accordance with the Suspension for Non-Payment clause.

Subscriptions renew automatically for successive billing cycles unless cancelled prior to renewal date. Cancellation shall not affect the Representative's independent data controller obligations in respect of retained Case data. Where mandatory consumer protection law applies to a Political Participant Representative, any statutory cooling-off right shall be honoured in accordance with applicable law.

Failure to remit payment within fourteen (14) days of due date may result in restricted administrative access, without deletion of Case data.

Upon termination, access to Platform interfaces ceases; however, Case data shall be retained in accordance with documented controller instructions and statutory retention periods.

Except where required by mandatory law, subscription fees are non-refundable once a billing cycle has commenced. No refunds or credits shall be issued for partial use, early cancellation, or unused time within a billing period, unless the same was terminated without material breach by the Representative. Nothing in this section limits statutory refund rights where consumer protection law mandatorily applies.

Tiers may be structured separately for: (1) Public Office Representatives (e.g., Councillor, Senator, Teachta Dála, Member of the European Parliament); and (2) Political Participant Representatives Tier classification relates solely to service scope differentiation and shall not imply endorsement, certification, electoral advantage, or official recognition. Service differentiation may relate to (1) number of staff seats; (2) volume of active cases; (3) technical features. No tier modifies statutory obligations.

Fee changes require thirty (30) days' prior written notice. The continued use constitutes acceptance.

Where subscriptions are funded from public monies by a Public Office Representative, the Representative remains solely responsible for compliance with applicable public procurement, ethics, and financial disclosure obligations. Political Participant Representatives acknowledge that subscription fees are private contractual expenses unless otherwise required to be disclosed under applicable electoral or campaign finance law.