DonorCharm Legal
Terms governing access to and use of the DonorCharm platform.
These Terms govern access to and use of DonorCharm’s websites, fundraising technology, campaign tools, administrative interfaces, donor-facing experiences, communications features, and related services.
These Terms of Service (“Terms”) govern access to and use of DonorCharm’s websites, fundraising technology, campaign tools, administrative interfaces, donor-facing experiences, communications features, and related services (collectively, the “Services”).
By accessing or using the Services, you agree to these Terms for yourself and, where applicable, the organization you represent. If you do not agree, do not use the Services.
A proposal, order form, data-processing agreement, service agreement, or other written agreement signed by DonorCharm and a customer may contain additional or different terms. The signed agreement controls to the extent of a conflict.
You must have legal capacity to enter into these Terms. If you use the Services for an organization, you represent that you are authorized to act for that organization.
The Services are not directed to children under 13. Account and contact information must be accurate and kept current.
DonorCharm provides technology supporting fundraising and engagement activities.
Available functionality may include campaigns, donations and pledges, auctions, raffles, products, elections, streaming or presentation experiences, messaging, templates, administrative workflows, and related tools.
Functionality depends on the applicable agreement, configuration, campaign, and service package and may change over time.
Users are responsible for safeguarding account credentials and for activity conducted through their accounts.
You must promptly notify DonorCharm if you believe an account or credential has been compromised.
DonorCharm may use roles, permissions, and other controls to limit access to functionality and information.
Customers are responsible for:
DonorCharm does not determine whether a customer’s fundraising, raffle, auction, election, product, messaging, or event activity is legally permitted in a particular jurisdiction.
You may not use the Services to violate law; commit or facilitate fraud; infringe intellectual-property, privacy, publicity, or other rights; distribute malicious code; interfere with the Services; gain unauthorized access to systems or data; impersonate another person; send communications without required authorization; manipulate transactions or campaign outcomes; or create unreasonable security, operational, or legal risk.
Customers control their campaign descriptions, fundraising purposes, items, pricing, fulfillment, eligibility rules, and participant communications.
Customers are responsible for ensuring that statements made to donors and participants are accurate and that funds and campaign activities are handled in accordance with applicable requirements.
DonorCharm provides technology and does not provide legal, tax, accounting, charitable-registration, gaming, or fundraising advice.
Payments made through the Services may be processed by Stripe or another approved payment provider.
Payment processing is subject to the provider’s terms and policies. DonorCharm may receive transaction identifiers and limited payment-related information needed to administer donations, purchases, fees, refunds, campaign activity, and related records.
The applicable customer agreement or campaign terms determine responsibility for merchant accounts, connected accounts, fees, payouts, refunds, disputes, chargebacks, taxes, and donor receipts.
DonorCharm is not a bank, payment network, or escrow service.
The Services may facilitate SMS and email communications through providers such as Twilio and SendGrid.
Customers must provide lawful instructions and obtain any required consent or authorization for communications they initiate.
Recipients may use available opt-out methods. Carrier, messaging, and data rates may apply.
Customers must not attempt to bypass an opt-out or other communication restriction.
Customers retain their rights in content and data they provide to DonorCharm.
Customers grant DonorCharm and its service providers the rights reasonably necessary to host, process, transmit, display, secure, support, and otherwise use that content and data to provide and administer the Services.
Customers represent that they have the rights and authority needed to provide the content and data and to instruct DonorCharm to process it.
DonorCharm’s information practices are described in the DonorCharm Privacy Policy.
Customers may independently have obligations to donors, participants, employees, and other individuals whose information they collect or provide through the Services.
Where DonorCharm processes personal information on a customer’s behalf, additional data-processing terms may apply under a separate written agreement.
The Services rely on third-party products and infrastructure, including payment, communications, hosting, and other technology providers.
Third-party terms and privacy practices may apply.
DonorCharm is not responsible for third-party services outside its reasonable control, but this sentence does not limit responsibilities that cannot be excluded under applicable law or a written customer agreement.
The Services, including DonorCharm software, interfaces, designs, branding, documentation, and proprietary materials, are owned by DonorCharm or its licensors and are protected by applicable law.
No ownership rights are transferred except as expressly stated in a written agreement.
If you provide suggestions or feedback, DonorCharm may use them without restriction or compensation, provided it does not identify you publicly without permission.
Fees, payment schedules, transaction charges, taxes, discounts, renewal terms, and other commercial terms are governed by the applicable proposal, order form, pricing terms, or customer agreement.
Except where required by law or stated in a written agreement, fees paid to DonorCharm are nonrefundable.
DonorCharm works to maintain the availability and operation of the Services but does not guarantee uninterrupted or error-free operation unless a written agreement expressly provides a service-level commitment.
Maintenance, third-party outages, network conditions, emergencies, security events, or other circumstances may affect the Services.
DonorCharm may modify functionality while seeking to avoid material disruption to active customer use.
DonorCharm may suspend or terminate access for material breach, nonpayment, unlawful or abusive use, security risk, risk to other users, or as permitted by a customer agreement.
Where practicable, DonorCharm will provide notice and an opportunity to address the issue, unless immediate action is reasonably necessary.
Customer termination rights are governed by the applicable agreement.
Data export, return, retention, and deletion following termination are governed by the applicable customer agreement, the Privacy Policy, customer instructions, technical capabilities, and legal or operational requirements.
Customers should request needed exports before access ends.
Certain transaction, security, backup, or legal records may remain for an appropriate period.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR EXPRESS COMMITMENTS IN A WRITTEN AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DONORCHARM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR EVERY CUSTOMER’S LEGAL, FUNDRAISING, TAX, OR OPERATIONAL REQUIREMENTS. NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.
Any agreed limitations of liability, exclusions of damages, or indemnification obligations are set out in the applicable written customer agreement.
If no separate written agreement applies, liability and any indemnification obligation will be determined under applicable law.
These Terms do not limit responsibility that cannot lawfully be limited.
The governing law, venue, and dispute process stated in an applicable written customer agreement will control.
If no such agreement applies, governing law and venue will be determined under applicable law.
Nothing in these Terms prevents either party from seeking urgent relief where legally available.
DonorCharm may update these Terms to reflect changes in the Services, business practices, or legal requirements.
The revised Terms will identify an updated effective date.
DonorCharm will provide notice of material changes where required by law or contract.
Changes will apply prospectively except where otherwise permitted or required.
Donor Charm, LLC
522 West San Francisco Avenue
El Paso, TX 79901