Effective: March 1, 2024
Welcome to Kindest.com (“Site”). Kindest Nonprofit Solutions, Inc. (referred to as "Kindest," "we," "us," or "our") provides a cloud-based software-as-a-service (SaaS) platform, including downloadable widgets and applications, that enables nonprofit organizations to raise funds through online donations, events, and other fundraising initiatives and donors to make online donations (“Software”). Your use of the Site, Software, and any other online or mobile services, applications, widgets, tools that Kindest owns or controls, and any products or services provided through the Site, Software, or otherwise by Kindest (collectively, the “Services”) are governed by these Terms of Service. These Terms of Service bind you and are important. Please read them. If you violate these Terms of Service, we may terminate your account and/or access to the Services.
Acceptance of Terms: By using our Services, you agree to be bound by these Terms of Service, as well as any additional terms and conditions that may apply to specific features of the Software. If you do not agree to these terms, you may not use the Services. In these Terms of Service, the terms “you,” “yours,” and “user” refer to the person using the Services, or in the case of the use of the Services on behalf of an entity, the entity in whose name the Services are procured. If you are using the Services on behalf of an entity, you acknowledge and agree that you are authorized to do so.
These Terms of Service are effective as of the “Last Updated” date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you other than updating these Terms of Service on our website. You acknowledge and agree that it is your responsibility to review the website and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Services after such modifications will constitute acknowledgement of the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of the Software or Services with actual knowledge of such modifications or (ii) 30 days from publication of such modified Terms of Service on the Site.
License: During the Term (as defined below), we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, license for you to use the Software, Services, and Documentation provided by us solely for your internal business purposes in connection with the Services. “Documentation” includes any and all user manuals, training materials, descriptions and specifications, technical manuals, license agreements, supporting materials and other information relating to the Software offered by the Kindest, whether distributed in print, or digital format.
You agree not to (a) reverse engineer, disassemble, decompile or otherwise attempt to derive any of our Software, technology, or the Site, (b) make any of our products, services, Software, or technology available to any third parties, (c) modify, adapt, translate or create derivative works from, our Software, technology, or Site, (d) reproduce any portion of the products, services, Site, Software, or technology, (e) permit or authorize any person other than you to access our Software, products, Services, technology, or your account, (f) take any actions, whether intentional or unintentional, that may circumvent, disable or damage or impair Kindest’s security systems, or allow or assist a third party to do so, (g) probe, scan, test the vulnerability of, or circumvent any technological measures or authentication measures to protect the Services; (h) remove or obscure Kindest's copyright or trademark notices, or the copyright and trademark notices of third parties that Kindest has included in the Software or Documentation; (i) probe, scan, test the vulnerability of, or circumvent any technological measures or authentication measures to protect the Services; (j) upload, transmit, distribute, or run any computer virus, worm, trojan horse, malware, spyware, time bomb, logic bomb, or any computer code that could damage or alter a computing device, computer network, communication network, data, the Services, or any other system, device, or property; (k) run Maillist, Listserv, or any form of auto-responder or spam via the Services; (m) attempt, in any manner, to gain unauthorized access to any other user’s account; (n) use the Software in the essential operations, such as those operations that could jeopardize the safety of individuals, of aircraft, ship, nuclear facilities, life-support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage; or (o) use the Software or Services to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement.
If you access or use, or provide any other individual or entity with access, to any part of the Services in breach of these Terms of Service, your right to use the Services will be terminated immediately. Kindest reserves the right to take whatever lawful actions it may deem appropriate in response to actual or threatened breach of these Terms of Service. You will immediately notify Kindest of any unauthorized use of your Kindest account or any other breach of security that you become aware of involving or relating to the Services by emailing Kindest at email@example.com
License Term: Your license to use the Software and Services shall commence on the date you sign up for a Kindest account (“Commencement Date”) and continue until the first anniversary of the Commencement Date (“Initial Term”) and shall thereafter renew for successive one-year periods on the anniversary of the Commencement Date (each a “Renewal Term” and collectively with the Initial Term, “Term”). Kindest reserves the right to suspend, revoke, terminate, discontinue or otherwise cancel your account or use of the Services at any time and for any reason without prior notice to you.
Transaction Fees: “Transaction Fees” are third-party payment processing fees and Kindest platform fees. Third-party payment processing fees may vary with payment processors, credit card types and type of currency. Payment processing fees begin at 2.9% + $.30c. Additional fees may be added depending on credit card type, payment processor and currency type. Kindest platform fees start at 3.75%. Transaction Fees are not refundable.
Fees, Payments, and Expenses: Fees and payments for users are determined by the fundraising plan and/or donation options selected. Users must provide one or more Payment Methods. Entities seeking to use Kindest’s Services to fundraise must provide a Payment Method and signup to create an account. Donors seeking to make a donation, either one-time or recurring, must provide a Payment Method. You authorize Kindest and Kindest third-party payment service providers to charge any Payment Method associated with your account for payment of any fees or amounts incurred through your use of the Services. You may change or update your Payment Method at any time in your account. “Payment Method" means a current, valid, accepted credit card, Google or Apple wallet, DAFPAY, Donate Stock, and bank account. Any charges you may incur in connection with your use of the Services, including, but not limited to, donations, taxes, and transaction fees, will be charged to your Payment Method on the specific billing date indicated on your account page. By creating an account with us or using our Services, you authorize Kindest to charge the requested donation, subscription fee for the next billing cycle, and any applicable transaction fees to your Payment Method. Nonprofits remain responsible for any refunded amounts, disputed amounts or dispute fees, and transaction fees related to their donor’s disputed and/or refunded donation. Kindest will charge Nonprofit’s credit card on file or withhold funds from Nonprofit’s next payout equivalent to dispute fees and/or transaction fees related to the disputed/refunded donation. Failure to make any payment when due may result in suspension of your access to the Services or termination of your account until the owed amount is paid in full.
Pricing Plans: Kindest offers two types of annual subscription services. Kindest also offers Premium Plans customizable to the user’s needs and will be scoped and billed accordingly. Please review Kindest’s pricing page for more details on pricing plans.
Promotional Offers: From time to time, Kindest may offer promotional plans with expiration dates. Once the promotional rates expire, continued use of the Kindest Services constitutes acceptance of the Terms of Service Agreement.
Billing: Annual subscription plans for use of the Kindest Services can be billed annually or in monthly installments, in advance to your Payment Method in effect on the date as set forth in your account. You may change your billing frequency at any time in your account. No refund or credit will be given if a subscription is canceled prior to the end of the current term and any remaining installments through the end of the subscription term will be due at time of cancellation. Kindest will charge the payment method on file for remaining installments due for the term. Recurring donations will be billed in advance, at the frequency you select when you set up the recurring donation. Donors may stop or restart a recurring donation at any time in their account without penalty. Payments for one-time donations will be charged to your Payment Method at the time you click the “Donate Now” button. Platform fees and payment processing fees are non-refundable.
Termination: These Terms of Service and the license to use the Services granted hereunder shall continue until the earlier to occur of (i) Kindest’s termination of these Terms of Service, (ii) the end of the current Term, or (iii) breach of these Terms of Service. Failure to cure any breach within 30 calendar days after written notice from Kindest, or its authorized representative, may result in suspension or termination of your license to use the Services. Furthermore, upon termination, user shall immediately cease using the Services, uninstall all copies of the Software, return to Kindest all copies Software and Documentation, if any, and verify in writing that all copies of the Software and Documentation have been destroyed.
Cancellation: You may cancel a fundraising subscription plan at any time and will continue to have access to Kindest's Services through the end of the current subscription term. Donors may cancel or stop a recurring donation at any time. To cancel your account or stop a recurring donation, go to the account page and follow the instructions for cancellation or stopping a recurring donation. You may also contact firstname.lastname@example.org to cancel your subscription. To the extent permitted by the applicable law, and except as described above, subscription plan payments are non-refundable and Kindest does not provide refunds or credits for any partial subscription periods. If a subscription is canceled prior to the end of the term, any remaining installments through the end of the current subscription term will be charged to the Payment Method on file at time of cancellation. Any donation received after cancellation of a fundraising subscription will be refunded to the donor.
Pricing Changes: We may change our subscription plans and the price of our Services from time to time on no less than 30 days’ notice. If you do not agree to the price increase, you may cancel your account within 30 days of the notice date. Your use of Kindest's Services after this notice signifies your acceptance of price changes.
Payouts: Donations made through the Services are processed by third parties and are made to the recipient on a weekly basis. Any required fees by third party processing companies shall be deducted from the payments. Kindest shall not be held responsible if payments are delayed and caused by third parties. In the case of a delay, the Kindest shall use reasonable efforts to ensure payments.
Taxes: You accept responsibility for paying and reporting (a) all federal, provincial, state and local taxes, however designated, levied or based on account of your use of the Services, including payment from Kindest.
User Provided Content: You may use any images, icons, fonts, shapes, and all other graphic content included with the Services, if any, for the exclusive purposes of referring to Kindest and/or its Services for educational or informative purposes so long as you provide appropriate references to Kindest and its ownership of the Software and Services. You are solely responsible for the content that you upload or otherwise provide through our Services. You represent and warrant that you have all necessary rights to use and display such content, and that it does not violate any applicable laws or infringe on the rights of any third party. Without limiting anything else in these Terms of Service, when accessing or using the Software or Services you shall not and shall not assist or permit any persons to:
engage in or authorize any activity that you know or reasonably should know is an unlawful, unauthorized, fraudulent, or malicious activity;
access, use, or modify any data, information, or other materials not intentionally made available or accessible to you by Kindest;
copy, reproduce, modify, create derivative works of, translate, adapt, disassemble, reverse engineer, decompile, reverse compile, or create compilations of the Services, in whole or in part;
use the Services in any manner that may infringe any intellectual property rights, rights of privacy, or other rights of any third party;
use the Services to upload or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
use the Services in any manner not authorized by these Terms of Service.
Intellectual Property Ownership: Subject to the rights expressly granted to you in these Terms of Service, Kindest or its licensors exclusively own all rights, title, and interest in and to the Software and Services, including all intellectual property rights therein.
Kindest will be free to use its general knowledge, skills and experience, and any ideas, concepts, know-how, methodologies, and techniques that it acquires or uses in the course of providing the Services for any purpose. In addition, you may from time-to-time submit feedback, comments, suggestions, questions, ideas, or other information to Kindest concerning the Services or other products, services, technology, techniques, processes or materials (“Feedback”). All Feedback and any other content, idea, design, drawing, information, communication, document, or other material submitted or transmitted to Kindest (“Submitted Information”) becomes the sole property of Kindest. Kindest may freely use, copy, disclose, license, distribute and otherwise exploit such Submitted Information in any manner, including in connection with any of its products and/or services, without any obligation, payment, royalty or restriction whether based on intellectual property rights or otherwise.
Compliance with Laws: At all times during the Term, you shall comply with all federal, state and local laws, ordinances, codes, regulations, rules, policies and procedures (“Applicable Laws"). Upon Kindest’s request, you shall be required to have your subcontractors, consultants, agents or representatives execute a similar written anti-corruption compliance statement, and to confirm to Kindest that such action has been taken. In no event shall Kindest be obligated under any supplier or third-party agreement to take any action or omit to take any action that Kindest believes, in good faith, would cause it to be in violation of the Foreign Corrupt Practices Act or other Applicable Laws, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA"). Kindest does not warrant that the Software or Services complies with HIPAA. You shall ensure your internal systems comply with HIPAA regulations, if any apply. Kindest retains the right to suspend or terminate any account or license to use the Services immediately upon written notice if Kindest believes, in good faith, that a user has breached any elements of the Terms of Service, or if the user makes a false or fraudulent statement, representation or warranty while carrying out their contractual obligations.
Disclaimer of Warranties: WE PROVIDE THE SITE, OUR SOFTWARE, ITS CONTENT AND OUR SERVICES “AS IS”, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR OUR SERVICES, PRODUCTS, OR SOFTWARE, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOU USE THE SERVICES AT YOUR OWN RISK.
Limitation of Liability: IN NO EVENT SHALL KINDEST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SOFTWARE, OR SERVICES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, FAILURE OF PAYMENT METHOD, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS OF SERVICE EXCEED THE LESSOR OF (I) U.S. $1,000 AND (II) THE AMOUNTS WHICH YOU HAVE ACTUALLY PAID TO US IN CONNECTION WITH YOUR USE OF THE SERVICES (BUT EXCLUDING THE AMOUNT OF ANY TIP YOU MAY HAVE PAID US) DURING THE PRECEDING 12 MONTHS IMMEDIATELY PRIOR TO THE ACTION GIVING RISE TO THE CLAIM. THIS LIMITATION MAY NOT BE APPLICABLE IN CERTAIN CIRCUMSTANCES OR CERTAIN STATES. THE LIMITATION OF LIABILITY IN THIS SECTION INURES TO THE BENEFIT OF US, OUR AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES.
Indemnification: You will defend, indemnify and hold harmless Kindest, its affiliates, officers, directors, agents, representatives, and employees from any claim, suit, or demand (including legal fees) that is based on or arising out of your: (a) breach of these Terms of Service, (b) violation of any third party’s rights, including without limitation any intellectual property, or privacy rights, (c) access to, use, or misuse of the Services, or (d) other actions or omissions resulting in liability or loss to Kindest. Kindest will promptly notify you in writing of a claim or suit and provide reasonable cooperation (at your expense) and full authority to defend the claim or suit. You may not settle any claims which relate to or otherwise impact Kindest without Kindest’s written consent which may be withheld in its sole discretion.
Governing Law: These Terms of Service are subject to, and will be governed by and construed in accordance with, the substantive laws in force of the State of California. Unless prohibited by law of an applicable jurisdiction, the courts of the State of California, County of Marin shall have exclusive jurisdiction over all disputes relating to these Terms of Service. These Terms of Service will not be governed by the conflict of law rules of any jurisdiction, or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Charitable Donations: Kindest makes no representations as to your legal rights or obligations or as to whether all or any portion of your donations are tax deductible. Kindest will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you. You should not rely on Kindest for legal advice. Kindest recommends that you consult with legal counsel if you have any questions regarding your donations made through the Services. [Kindest CANNOT confirm the Section 501(c)(3) or 501(c)(4) or other legal status, or the truthfulness of any other representations or statements, of any fundraiser using the Services or its content.] Kindest may seek confirmation that a fundraiser is a legally recognized person or entity, but Kindest is not required to undertake any such investigation or to make any other inquiries as to the actions or status of any user using the Services to raise funds. In the event that your contribution is not used by a fundraiser as represented, or otherwise pursuant to your understanding or expectations, you understand that remedies may not be pursued or obtained from Kindest.
Force Majeure: Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including, without limitation, acts of God, earthquakes, virus or disease, labor disputes, industry-wide shortages of supplies, actions of governmental entities, riots, war, terrorism, fire, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the defaulting party shall be extended for a period equal to the period during which such event prevented such party's performance.
No Waiver: No failure or delay by Kindest in exercising its rights or remedies shall operate as a waiver unless made by specific written notice. No single or partial exercise of any right or remedy of Kindest shall operate as a waiver or preclude any other, or further, exercise of that, or any other right, or remedy.
Assignment: You may not assign any rights or obligations under these Terms of Service without Kindest’s prior written consent. Any attempted assignment shall be void and of no effect. Kindest may, in its sole discretion, transfer, delegate, subcontract, or assign, without notifying you, any rights or obligations under these Terms of Service. Notwithstanding any assignment, you shall remain liable for the payment of all amounts due under these Terms of Service.
Severability: In the event that part of or one or more terms of these Terms of Service become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, each such part or term shall be null and void and shall be deemed deleted from these Terms of Service. All remaining terms of these Terms of Service shall remain in full force and effect.
No Agency: These Terms of Service do not create any agency, partnership, joint venture, or franchise relationship. No employee of either party shall be or become, or shall be deemed to be or become, an employee of the other party by virtue of the existence or implementation of these Terms of Service. Each party hereto is an independent contractor. Neither party shall assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
No Rules of Construction: The headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. The words “includes”, “including”, “for example”, “such as” and similar terms are not words of limitation. No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms of Service.
Survival: Sections entitled “Payment Processing,” “Taxes,” “Intellectual Property Ownership,” “Compliance with Laws,” “Disclaimer of Warranties,” “Limitation of Liabilities,” “Indemnification,” “Governing Law,” “Severability,” “No Agency,” “Children,” “Entire Agreement,” “No Rules of Construction,” “Export Restrictions,” and the obligation to make any payments hereunder will survive any termination. You agree that if your use of the Services is terminated pursuant to these Terms of Service, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after termination, Kindest is entitled to recover damages, costs, and attorneys’ fees incurred by it as a result thereof.
Export Restrictions: You shall not ship, transfer, export, or disseminate the Software or Services into any country or use the Services in any manner prohibited by any act or any export laws, restrictions, or regulations (collectively the “Export Laws"). You represent and warrant that you, and your employees and/or representatives who will use the Services are not a citizen or otherwise located within a nation, or are a person or entity, embargoed by the United States, and that you, and your employees and/or representatives who will use the Services, are not otherwise prohibited under the Export Laws from receiving the Software or the Services. All rights to use the Software and Services are granted on condition that you comply with the Export Laws, and all such rights are forfeited if you fail to comply with the Export Laws.
Notices: All notices to Kindest required or permitted under these Terms of Service shall be in writing sent to Kindest Nonprofit Solutions, Inc., 1550 Tiburon Blvd., G615, Tiburon, CA 94920, Attn: Terms of Service. Notices regarding changes in pricing, changes to these Terms of Service, policies or programs, or any other communications from Kindest may be made by posting on Kindest's website, by notice through your account, or sent to your designated email address. You expressly agree and consent to Kindest sending you such messages, notices, and communications to your designated email address.
If you have any questions or concerns about these Terms of Service, please contact Kindest at email@example.comGo to the top