Terms & Conditions

1 Who these terms are between

These terms are between [LEGAL ENTITY NAME], trading as Nonprofio, of [REGISTERED ADDRESS] ("Nonprofio", "we", "us"), and the organization that subscribes to Nonprofio ("you").

They apply from the moment you accept a quote, sign up, pay, or ask us to start, whichever comes first. If your own purchase terms conflict with these, these terms apply unless we have both signed something that says otherwise.

2 What Nonprofio is

Nonprofio is a website with a donor management system (CRM) behind it, a donor portal, and optional modules such as memberships, events, volunteers, AI assistance and integrations. We set it up for you, build your website, and keep the system updated.

Your quote or order form sets out your plan and anything specific to you. Together with these terms, it forms the whole agreement. Descriptions on our website are a general guide; your quote is what you are buying.

3 Plans and fees

There are two ways to run Nonprofio. Both include the same system and features.

• Hosted by Nonprofio: a one-time setup fee of $995, then $169 a month, billed annually in advance. We provide and manage the hosting. You point your domain to it. The setup fee is waived for founding clients.
• On your own server: a one-time installation fee of $3,995, then $99 a month, billed annually in advance. The system is installed on a hosting account in your name, which you pay for directly.

Both plans include unlimited contacts and unlimited staff users.

Prices are in US dollars and exclude any taxes, which are your responsibility. Invoices are due within 14 days. If a payment is more than 30 days late, we may pause access to the system until it is paid. Your data is never deleted because of a late payment.

We may change prices for future renewal periods by giving you at least 30 days' notice before your renewal date.

4 Term, renewal and cancellation

Your subscription runs for 12 months from the date it starts and renews automatically for further 12-month periods.

You can cancel at any time by email. Cancellation takes effect at the end of your current 12-month period. Fees already paid are not refunded, except where the law requires it.

Either of us may end the agreement early if the other seriously breaks these terms and does not put it right within 14 days of being asked.

5 When the subscription ends

• Your data: we will export your data to you in a common format if you ask within 30 days of the end date.
• Your domain stays yours throughout.
• Hosted by Nonprofio: the system is switched off at the end date. After 30 days we delete your system and data from our hosting.
• On your own server: the system keeps working on your hosting, but you will no longer receive updates or support.

6 Setup and what we need from you

To set you up, we need your content, logo and images, access to your domain and any existing website or accounts we are moving from, and one person who can make decisions and approve the work.

Any timeline we give is an estimate. It depends on receiving these from you, and excludes things outside our control, such as approval of your payment account or domain changes at your registrar.

You are responsible for the content you give us and for having the right to use it.

7 Hosting

Hosted by Nonprofio. Your system runs on a separate hosting account managed by us, with its own database that is never shared with another organization. We keep it updated and backed up, and we aim to keep it available at all times, but we do not guarantee uninterrupted service.

On your own server. Your system runs on a hosting account in your name, which you choose, pay for and control. We need access to install and update the system. Keeping that hosting account active and paid is your responsibility.

8 Donations and payments

We never receive, hold or control your donations.

Donations are processed by a payment provider, such as PayPal or Stripe, under an account in your organization's name, and go directly to your bank. We only set up the connection.

We are not responsible for a provider's decisions to approve, hold, reverse or close your account, for processing fees, chargebacks, refunds to donors or fraud, or for a provider's downtime. Reconciling your donations is your responsibility.

9 Your data

Your donor data belongs to you. For data protection purposes you are the controller and we are the processor, acting only on your instructions.

• We access your data only to provide, support and update the system, through a Nonprofio account that appears in your audit log.
• We never sell, share or use your data for anything else.
• We use reasonable security measures, described on our Data security page.
• If we become aware of a security incident affecting your data, we will tell you promptly.

You are responsible for your own privacy policy, your donors' consents, and any data protection laws that apply to you. No system is perfectly secure, and we are not liable for unauthorized access that is not caused by our negligence.

10 Our software

We own the Nonprofio software and everything we build it with. While your subscription is active, you have a non-exclusive licence to use it for your own organization.

You may not copy, resell, share or reverse-engineer the software, or use it to build a competing product. Your content, logo and data remain yours, and the website content we create for you is yours to keep.

11 Fair use

You agree not to use Nonprofio for anything unlawful, for spam, or in a way that harms the system or other people. We may suspend access if the system is being misused, and will tell you why.

12 Tax, legal and accessibility

We do not give legal, tax or accounting advice.

Receipts and year-end statements are produced using wording and information you approve. You are responsible for making sure they meet IRS requirements, and we recommend your accountant reviews them. You are also responsible for your 501(c)(3) status and any charitable solicitation registrations.

We build with accessibility in mind, but we do not guarantee compliance with WCAG, the ADA or any other standard unless we have agreed to an audit in writing. We do not guarantee any level of donations, traffic or search ranking.

13 Warranties and liability

We will provide the service with reasonable care and skill, and fix faults in our own system within a reasonable time.

Apart from that, the service is provided "as is". We are not liable for indirect or consequential losses, including lost donations, lost revenue or lost data. Our total liability is limited to the fees you paid us in the 12 months before the claim.

Nothing in these terms limits liability for fraud or anything else that cannot legally be limited.

14 Indemnity

You agree to cover our reasonable costs if a claim is brought against us because of content or data you supplied, your fundraising or receipting, or your breach of these terms.

15 Changes to these terms

We may update these terms from time to time. We will tell you about any significant change at least 30 days before it applies to you. The date at the top of this page shows when they last changed.

16 General

• Events outside our control. We are not liable for delays or failures caused by events beyond our reasonable control, including failures of hosting, internet or third-party services.
• Third-party services. Payment providers, email and other integrations are governed by their own terms. We are not responsible for changes they make.
• Whole agreement. Your quote and these terms are the whole agreement between us.
• Notices. Notices are given by email to the addresses we normally use.

These terms are governed by the laws of [JURISDICTION]. Before going to court, we will both try in good faith to settle any dispute by discussion for 30 days.

17 Privacy policy

This section covers personal information collected through nonprofio.com. Donor data held in your Nonprofio system is covered by "Your data" above.

What we collect

• Information you give us when you book a demo or contact us: name, email, organization and your message.
• Booking details, through our scheduling provider.
• Technical information such as IP address, browser and pages viewed. [CONFIRM: We use Google Analytics to understand how the site is used.]

How we use it

To reply to you, arrange calls, provide our service, keep records for tax purposes, and keep the site secure and working. We do not sell your information. We only share it with the service providers we need to run the business, such as our hosting, email and scheduling providers.

How long we keep it

Enquiries that do not become clients are deleted within 24 months. Client records are kept as long as tax and legal rules require.

Your rights

Depending on where you live, you may have the right to see, correct, delete or receive a copy of your information. California residents have rights under the CCPA. To use any of these rights, email us. We operate from the Philippines and work with clients in the United States, so your information may be stored outside your own country.

18 Contact

Questions about these terms, or anything else, go to:

Nonprofio
support@nonprofio.com