Terms of Service

These Terms of Service (“Terms”) govern access to and use of the Donor Success platform, including our website, application, and related services (collectively, the “Service”), provided by Donor Success (“Donor Success,” “we,” “us,” or “our”). By creating an account, subscribing to a plan, or otherwise using the Service, you (“you,” “Customer,” or “your”) agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

Donor Success is a donor relationship management platform designed for nonprofit organizations, providing donor record management, health scoring, gift and pipeline tracking, campaign management, reporting, and optional integrations with third-party services such as Salesforce, Gmail, Outlook, and wealth-screening providers. We may add, modify, or discontinue features of the Service at our discretion, with reasonable notice for material changes affecting paid functionality.

To use the Service, you must create an account and provide accurate, current information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorized use of your account. Each individual user within your organization must have their own account; shared logins are not permitted.

The Service is offered under multiple subscription tiers (currently Starter, Growth, and Enterprise), each with different features and pricing as described on our pricing page. Starter and Growth subscriptions are billed automatically on a recurring monthly or annual basis through our payment processor and renew automatically at the end of each billing period unless canceled beforehand. Enterprise subscriptions are governed by a separately negotiated order form or agreement, which takes precedence over these Terms to the extent of any conflict regarding pricing and payment terms.

You authorize us and our payment processor to charge your designated payment method for all applicable fees. Fees are non-refundable except as required by law or as we may expressly agree in writing. You may cancel a self-serve subscription at any time through your account’s billing management page; cancellation takes effect at the end of the then-current billing period. We reserve the right to suspend or restrict access to the Service for accounts with failed or overdue payments after reasonable notice.

We may offer a free trial period for new organizations. At the end of the trial period, continued use of the Service requires an active paid subscription. We may limit trial accounts by donor record count, feature availability, or duration, and may modify or discontinue trial offerings at any time.

As between you and Donor Success, you retain all right, title, and interest in and to the data you or your organization’s users submit to the Service, including donor records, gift history, notes, and any other content you upload (“Customer Data”). This includes personal information about individual donors that you collect and upload — with respect to that donor-level personal information, you act as the data controller and we act as your data processor, processing it solely to provide the Service and in accordance with your instructions and our Privacy Policy.

You represent that you have the necessary rights and legal basis to provide donor information to us for processing through the Service, and that your own collection and use of donor data complies with applicable law. You may export your Customer Data at any time through the Service’s reporting and export tools, and may request a full export or deletion of your Customer Data upon account termination, subject to the data retention terms described in our Privacy Policy.

You agree not to use the Service to:

• Violate any applicable law or regulation, including data protection and anti-spam laws;
• Upload data you do not have the right to share, or that infringes a third party’s rights;
• Attempt to gain unauthorized access to the Service, other accounts, or our systems;
• Interfere with or disrupt the integrity or performance of the Service;
• Use the Service to send unsolicited communications in violation of applicable law; or
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law.

The Service allows you to connect third-party accounts and services, including Salesforce, Gmail, Microsoft Outlook, and wealth-screening providers such as WealthEngine. Your use of those third-party services is governed by your own agreement with each provider, and we are not responsible for their availability, accuracy, or practices. You are responsible for ensuring your use of any connected third-party service complies with that provider’s own terms, including any restrictions on data use.

We and our licensors retain all right, title, and interest in and to the Service, including all software, design, trademarks, and other intellectual property, excluding your Customer Data. We grant you a limited, non-exclusive, non-transferable license to access and use the Service during your subscription term, solely for your internal business purposes.

Each party agrees to protect the other party’s confidential information with the same degree of care it uses for its own confidential information of similar nature, and not to disclose it to third parties except as necessary to perform its obligations under these Terms or as required by law.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY ESTIMATES, SCORES, OR RECOMMENDATIONS GENERATED BY THE SERVICE (INCLUDING DONOR HEALTH SCORES AND WEALTH SCREENING RESULTS PROVIDED BY THIRD PARTIES) ARE ACCURATE OR COMPLETE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DONOR SUCCESS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You may terminate your subscription at any time as described in Section 4. We may suspend or terminate your access to the Service if you materially breach these Terms and fail to cure such breach within a reasonable period after notice, or immediately in cases of serious violations, including data misuse or non-payment. Upon termination, your right to access the Service ends, though certain provisions of these Terms (including Sections 9–12) survive termination.

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Tennessee.

We may modify these Terms from time to time. We will provide reasonable notice of material changes, such as by posting an updated version on this page and updating the “Last updated” date above, or by direct notice for significant changes. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

Questions about these Terms can be directed to legal@donorsuccess.com.