Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites, applications, software, and related products and services (the "Services") provided by Americloud Tek Solutions LLC, doing business as Donatefy ("Donatefy," "we," "us," or "our"), 1635 W Wise Rd, Suite 8, Schaumburg, IL 60193-5476, United States. By accessing or using the Services, you agree to these Terms.

1. Acceptance and parties

1.1 Organizations. These Terms are a binding agreement between Donatefy and each nonprofit, faith-based organization, school, or other entity that registers for or uses the Services (the "Organization"). By creating an account, signing an order form that references these Terms, or using the Services, the Organization accepts these Terms for itself and for everyone it authorizes to use its account. If you use the Services on behalf of an organization, you represent that you have authority to bind it, and "you" means both you and that organization.

1.2 Donors and other Users. Individuals who give through an Organization's campaigns, use a Donor Portal account, or visit our website accept these Terms to the extent they apply to that use. A donation is a transaction between the Donor and the Organization, not between the Donor and Donatefy.

1.3 Related documents. Our Privacy Policy explains how we handle personal information. An Organization's use of Donatefy software is also governed by our License Agreement, which forms part of these Terms. If an order form conflicts with these Terms or the License Agreement, the order form controls for that conflict. Otherwise, the License Agreement controls on the scope of the software license, and these Terms control on everything else.

2. Definitions

• "Services" means Donatefy's websites, applications, software, and related products and services, including the E-Fundraiser giving site, standalone campaign pages, embeds, QR giving, donation forms, in-person giving software for Devices, the Admin Portal, the Donor Portal, the Mobile App, receipting, reporting, integrations, and related support.
• "Organization" means the entity described in Section 1.1.
• "Donor" means an individual who makes or manages a donation through the Services, with or without a Donor Portal account.
• "User" means any individual who accesses the Services, including Organization team members, Donors, and website visitors.
• "Devices" means Organization-owned hardware running Donatefy software, including FS-22 floor-standing and WM-22 wall-mounted kiosks, Stripe Reader S700/S710 handhelds, and compatible phones running the Mobile App, which accepts Tap to Pay on iPhone and Android.
• "Content" means logos, images, text, branding, campaign materials, and other data submitted to the Services by or for an Organization or a User.

3. Eligibility

You must be at least 13 years old to use the Services. If you are under the age of majority where you live, you may use the Services only with the consent and supervision of a parent or legal guardian.

4. The Services

4.1 What Donatefy provides. Donatefy is a software platform for running fundraising campaigns and collecting donations online and in person. The Services include campaign management, donor records and communication tools, reporting in the Admin Portal, donation confirmations, recurring receipts, and year-end summaries, a Donor Portal for cross-organization giving history, receipts, and recurring plans, and optional integrations. Feature availability varies by plan, as shown on our pricing page. To see the Services in action, book a demo.

4.2 Changes to the Services. We may change, add, remove, suspend, or discontinue the Services, in whole or in part, at any time. If a change materially reduces the core functionality of a paid plan, we will give the Organization reasonable notice.

5. Accounts and team access

5.1 Accurate information. Some features require an account. You agree to provide accurate information and keep it up to date. Organizations must keep their registration details current, including the legal name, contact details, and tax identifiers used on receipts.

5.2 Credentials. You are responsible for keeping your login credentials confidential and for all activity under your account. If you suspect unauthorized use of your account, notify us immediately at info@donatefy.org.

5.3 Roles and permissions. The Organization assigns roles and permissions to its team members, gives each person the access their duties require, and removes access when it is no longer needed.

6. Acceptable use

You agree not to misuse the Services. You will not:

• access or attempt to access non-public areas of the Services, bypass access controls, or interfere with other organizations' accounts;
• interfere with, disrupt, or overload the Services;
• use the Services for unlawful, fraudulent, deceptive, or harmful activity, including misrepresenting a fundraising purpose or an organization's identity;
• use the Services to violate sanctions, anti-money laundering (AML), anti-terrorism financing, or similar laws;
• upload malware or other harmful code;
• submit Content that infringes the intellectual property, privacy, or other rights of any person;
• reverse engineer, decompile, or attempt to extract source code from the Services or Device software, except where the law grants a right that cannot be waived;
• resell, sublicense, or white-label the Services without a separate written agreement; or
• use the Services to collect payments other than donations and the related transactions the platform supports.

We may suspend or terminate access if we reasonably believe you have violated these Terms, the law, or applicable third-party policies, or where required for legal or compliance reasons, including payment processor requirements.

7. Payments and donations

7.1 Payment processing. Payments and donations made through the Services are processed by Stripe and settle directly into the Organization's own Stripe account. Donatefy does not hold, pool, or transmit donor funds, and full card numbers are handled by Stripe, not stored on Donatefy servers. Stripe may collect and process payment information under its own terms and privacy policy.

7.2 Stripe account required. The Organization must keep a Stripe account in good standing to collect donations through the Services. That relationship is governed by the Stripe terms and privacy policy, and Stripe may apply its own verification, reserve, and payout requirements. Donatefy is a verified Stripe Partner; that relationship does not make Stripe a party to these Terms.

7.3 Plans and platform fees. The Organization pays subscription and platform fees as stated in its order form or on our published pricing page, as updated from time to time. Stripe processing fees are separate and are charged under the Organization's agreement with Stripe. If the Organization subscribes to a paid plan, it authorizes Donatefy and its payment processor to charge its payment method for plan fees on the billing cycle it selects until it cancels. Cancellation stops future charges; fees already charged are not automatically refunded.

7.4 Donor fee coverage. Where the Organization turns it on, Donors may add an amount intended to offset processing costs. It settles to the Organization with the donation, and the Organization accounts for it.

7.5 Recurring donations. If you set up a recurring donation, you authorize the Organization, through Donatefy and Stripe, to charge your payment method on the schedule you select until you cancel. You can cancel a recurring donation at any time:

• in the Donor Portal;
• by contacting the Organization you give to; or
• by contacting Donatefy at info@donatefy.org.

Cancellation stops future charges. Charges processed before cancellation are not automatically refunded.

7.6 Refunds and disputes. Refunds, full or partial, are decided and issued by the Organization. Refund eligibility depends on the Organization's campaign settings and applicable law; unless the Organization states otherwise or the law requires it, donations are generally final. Chargebacks and payment disputes follow card network rules and the Stripe dispute process. If you dispute a charge, Donatefy or the Organization may ask for information to investigate, but Donatefy does not decide disputes between Donors and Organizations. Repeated chargebacks or suspected fraud may lead to account restrictions.

7.7 Taxes. Donatefy does not provide tax, legal, or accounting advice. Receipts and acknowledgments are provided for convenience. Donors are responsible for determining whether a gift is tax deductible and for consulting a qualified advisor if needed. Organizations are responsible for making sure their receipts and acknowledgments meet the legal requirements that apply to them.

8. Organization responsibilities

The Organization is solely responsible for:

• Lawful fundraising. Conducting fundraising in compliance with applicable law, including any required charitable solicitation registrations.
• Receipts and tax statements. The accuracy of the receipt content it configures, including its legal name, EIN or equivalent, and tax-deductibility language.
• Donor data. Collecting and using Donor personal information lawfully, including honoring communication preferences in mailing list features (see Section 14).
• Devices in the field. Placing, securing, and operating Devices safely and lawfully, including in public spaces.

9. Hardware and Devices

9.1 Purchase and ownership. Organizations buy kiosks and handheld readers at the prices on our pricing page or in their order form, and own the Devices they buy. Hardware purchases are covered by the 45-day money-back pilot and one-year warranty described on the pricing page. The Mobile App runs on compatible phones the Organization or its team already has.

9.2 Software license. Donatefy software on Devices is licensed, not sold. The License Agreement sets out what the Organization may and may not do with it.

9.3 Updates and remote support. Donatefy provides remote support, device status visibility, and software updates to keep Devices working with the Services. The Organization must not block required updates, modify Device software, or run unauthorized software on Devices.

10. Your Content

Some Services let you submit Content, such as logos, images, and text. You keep ownership of your Content. By submitting Content, you grant Donatefy and its service providers a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (only as needed to operate the Services), publish, display, and distribute your Content, solely to operate, maintain, improve, and provide the Services. You represent that you have all rights needed to submit the Content and grant this license.

11. Intellectual property

11.1 Donatefy property. Donatefy and its licensors own the Services, including their software, design, and documentation, and all related intellectual property, excluding your Content. No rights are granted except as expressly stated in these Terms and the License Agreement, and these Terms do not give you the right to use Donatefy's name, branding, or logos without our written permission.

11.2 Feedback. Donatefy may use suggestions and feedback about the Services without restriction or obligation.

12. Third-party services

The Services work with third parties, such as payment processors, hosting providers, and scheduling tools. Third-party services are governed by their own terms and policies, and Donatefy is not responsible for third-party services outside our control.

12.1 Stripe. Payment processing depends on Stripe, and Organizations and Donors may be subject to the Stripe terms and privacy policy in connection with donations. Stripe is not a party to these Terms and does not endorse them.

12.2 Integrations. Optional integrations with QuickBooks, Blackbaud, Bloomerang, Salesforce, Mailchimp, and Kindful sync donation data into systems the Organization controls. Each is governed by the provider's own terms, and the Organization is responsible for those accounts. Donatefy is not responsible for how third-party services handle data after it leaves the Services.

13. Confidentiality

Each party may receive non-public information from the other that a reasonable person would treat as confidential. The recipient will use it only to perform under these Terms, protect it with reasonable care, and disclose it only to personnel and advisors who need it and are bound by similar obligations, or as required by law. These duties do not cover information that becomes public without a breach, is independently developed, or is rightfully received from a third party.

14. Privacy

Our Privacy Policy explains how we collect, use, and share information. For Donor information collected through an Organization's campaigns, the Organization decides what to collect and how to use it, and Donatefy processes it on the Organization's behalf to provide the Services. For Donor Portal accounts, our website, and platform operations, Donatefy decides how information is handled, as described in the Privacy Policy. Security practices, including role-based access controls, are described on our Trust and security page.

15. Suspension and termination

15.1 Your choices. You may stop using the Services at any time. Organizations can change or cancel their plan as described on our pricing page.

15.2 Suspension. We may suspend access where reasonably necessary to address a security risk, suspected fraud or misuse, unlawful activity, non-payment, a breach of these Terms, or legal or compliance requirements, including payment processor requirements. Where appropriate, we will restore access once the issue is resolved.

15.3 Termination. We may suspend or terminate your access at any time for any reason, including legal compliance or suspected misuse. Either party may also terminate for a material breach that remains uncured thirty days after written notice.

15.4 Effect of termination. When access ends, the Organization's license to Donatefy software ends with it. The Organization's Stripe account, settled funds, and donor relationships remain its own. The Organization can export its donor and donation records, and may contact info@donatefy.org for help. Donatefy then handles remaining Organization data as described in the Privacy Policy and as legal retention duties require.

16. Disclaimers

EXCEPT FOR THE HARDWARE WARRANTY DESCRIBED IN SECTION 9, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DONATEFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Donatefy does not warrant that the Services will be uninterrupted or error-free, and does not guarantee any level of donations or fundraising results. Nothing in the Services is legal, tax, or accounting advice.

17. Limitation of liability

To the maximum extent permitted by law:

• Donatefy and its affiliates, suppliers, and partners are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, donations, goodwill, or data.
• Donatefy's total liability for any claim arising out of or relating to these Terms or the Services is limited to the greater of $100 or the amount you paid to Donatefy for the Services in the 12 months before the event giving rise to the claim.

Because donations settle directly to the Organization's Stripe account, Donatefy is not responsible for the custody, settlement, or availability of donor funds, which are governed by the Organization's agreement with Stripe. Some jurisdictions do not allow certain limitations, so some of these terms may not apply to you.

18. Indemnification

If you use the Services on behalf of a business or organization, you agree to defend, indemnify, and hold harmless Donatefy and its affiliates, officers, agents, and employees from claims, losses, and expenses, including reasonable attorneys' fees, arising from your use of the Services, your Content, your campaigns and tax or deductibility statements, your collection and use of Donor data, your operation of Devices, or your violation of these Terms or the law. Donatefy will give you prompt notice of a claim and reasonable cooperation, and may take part in the defense with its own counsel at its own expense.

19. Changes to these Terms

We may update these Terms from time to time. We will post updates on this page and revise the effective date. If a change is material, we will also notify Organizations before it takes effect, such as by email or in the Admin Portal. Continued use of the Services after a change takes effect means you accept the updated Terms.

20. Governing law and venue

The laws of the State of Illinois govern these Terms, without regard to conflict of laws rules. Before bringing a claim, each party will first try to resolve the dispute informally by sending written notice and discussing it in good faith for thirty days. Any dispute that is not resolved informally will be brought exclusively in the federal or state courts located in Cook County, Illinois, USA, and you and Donatefy consent to jurisdiction there.

21. General terms

• Severability. If any provision of these Terms is found unenforceable, the remaining provisions stay in full force and effect.
• No waiver. If Donatefy does not enforce a provision of these Terms, that is not a waiver of our right to do so later.
• Assignment. You may not assign or transfer these Terms without Donatefy's prior written consent. Donatefy may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations.
• Entire agreement. These Terms, the License Agreement, any order form, the published pricing, and the Privacy Policy are the entire agreement and replace prior discussions on their subject.
• Notices. Legal notices to Donatefy go to info@donatefy.org or to the mailing address in Section 22. Notices to an Organization may be sent to the account owner's email on file and are effective when sent.

22. Contact

Questions about these Terms go to:

For questions about plans, devices, or an order, email sales@donatefy.org.