Terms of Service

1. The agreement

These Terms of Service (“Terms”) are a contract between Darkstorm Ventures LLC, doing business as DonorFinch (“DonorFinch”, “we”, “us”) and the organization that creates a DonorFinch account (“you”, “Customer”). They govern your use of the DonorFinch website at donorfinch.com, the DonorFinch application at app.donorfinch.com, donation forms, Wix app, WordPress plugin, embed script, APIs, and related services (together, the “Service”).

By creating an account, clicking to accept, or using the Service, you agree to these Terms and to our Privacy Policy, which is part of them. If you are accepting on behalf of an organization, you confirm that you have authority to bind it.

Donors. If you are a person giving to a nonprofit through a DonorFinch form, your gift is a transaction between you and that nonprofit. Sections 4, 10, 15, 16 and 18–20 apply to your use of our forms and donor account; the rest of these Terms apply to Customers.

2. Who may use DonorFinch

The Service is intended for nonprofit and charitable organizations, religious organizations, schools, and similar mission-driven groups, and for the individuals who work or volunteer for them. To use the Service you must:

• be at least 18 years old and able to form a binding contract;
• be eligible to open and maintain a Stripe account under the Stripe Connected Account Agreement and the Stripe Services Agreement;
• have the legal right to solicit and accept donations in the places where you solicit them; and
• not be barred from using the Service under applicable law or a previous termination by us.

3. Accounts and team members

You sign in with one-time links sent to your email address, so you must keep that email account secure. You are responsible for everything done under your account by you and by the team members you invite. Assign roles carefully; owners and admins can refund gifts, export donor data and change settings.

Tell us right away at support@donorfinch.com if you believe your account has been accessed without permission. You must provide accurate organization details, including your legal name, address and tax ID, and keep them up to date; they appear on receipts.

4. The Service

Subject to these Terms, we grant you a non-exclusive, non-transferable right to use the Service for your organization’s fundraising and donor management during the term of this agreement. The Service includes, among other things:

• hosted and embeddable donation forms that accept one-time and recurring gifts through Stripe;
• a donor database, gift ledger, and tools to record offline gifts and import data;
• automatically generated tax receipts, thank-you communications and year-end statements sent in your name;
• reports, exports, team roles and an audit log; and
• integrations for Wix, WordPress and other websites.

We may add, change or remove features as the Service evolves (see section 13).

5. Payments, Stripe and your money

Payment processing is provided by Stripe and is subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (together, the “Stripe Agreements”). By connecting a Stripe account to DonorFinch you agree to be bound by the Stripe Agreements as they may be modified by Stripe from time to time. As a condition of DonorFinch enabling payment processing through Stripe, you agree to provide us with accurate and complete information about you and your organization, and you authorize us to share it and transaction information with Stripe.

Donations are charged to your Stripe account and paid out by Stripe to your bank account on the schedule you and Stripe agree. DonorFinch does not receive, hold or transmit donor funds, is not a bank, money transmitter or payment processor, and has no control over Stripe’s decisions to hold, delay or reverse payouts, or to close an account. You are responsible for the fees, reserves, chargebacks and other amounts Stripe charges you under the Stripe Agreements.

6. Our fees

There is no subscription fee for the Service. We charge a platform fee of 1.2% of the gross amount of each online donation processed through the Service (including any amount a donor adds to cover fees), rounded to the nearest cent. The platform fee is collected automatically by Stripe as an application fee at the time of each charge and paid to DonorFinch; you will never receive an invoice for it. Current pricing is posted at /pricing.

Gifts you record manually (checks, cash, in-kind) or import are not charged a platform fee. Stripe’s processing fees are separate, set by Stripe, and deducted by Stripe from each payment.

We may change our fees on at least 30 days’ notice by email or notice in the Service. Changes apply to donations processed after the effective date. If you do not agree, you may stop using the Service before the change takes effect.

7. Refunds, chargebacks and disputes

You decide whether to refund a donor. When you refund a gift through the Service, we return our platform fee on the refunded amount; Stripe’s processing fee is handled according to Stripe’s policy. Refunds are paid from your Stripe balance. Chargebacks and disputes raised by donors are between you, the donor and Stripe; you are responsible for responding to them and for any resulting amounts. We will provide the records in the Service to help you respond.

8. Tax receipts and your compliance

The Service generates receipts, acknowledgments and year-end statements from information you configure and gift data in your account. You are solely responsible for:

• your organization’s tax-exempt status and for stating it accurately;
• the content of your receipts and statements, including any required statements about goods or services provided in exchange for a gift, and whether they meet the rules of your tax authority (for US organizations, for example, IRS Publication 1771);
• registering to solicit donations where required, and complying with fundraising, consumer-protection, anti-spam and privacy laws in the places you solicit; and
• reconciling the Service’s reports with your own books and bank statements.

DonorFinch does not provide legal, tax or accounting advice. Nothing in the Service or on our website is a substitute for advice from your own professional advisers.

9. Your data and donor information

You own your data. Donor records, gift records, templates, forms and everything else you or your donors put into the Service (“Customer Data”) belong to you. You grant us a limited license to host, copy, process, transmit and display Customer Data only as needed to provide and support the Service, prevent or address problems, and as required by law.

We are your processor. For personal information about donors, you are the controller and we act on your instructions as your processor or service provider, as described in our Privacy Policy. We will not sell Customer Data, use it to market to your donors, or disclose it except to the service providers listed in the Privacy Policy and as the law requires. We maintain appropriate technical and organizational security measures and will notify you without undue delay of a security breach affecting your Customer Data.

Your responsibilities. You are responsible for having the right to collect and use the donor information you put into the Service, for giving donors any notices required by law, for honoring donors’ requests about their information, and for the accuracy of data you import. You will not upload payment card numbers, government ID numbers, health information or similar sensitive data into free-text fields, notes or custom fields.

Export and deletion. You can export your data as CSV files at any time. After your account closes we delete or de-identify Customer Data within 90 days, except for ledger records we must retain for legal, tax or dispute purposes, as described in the Privacy Policy. Please export before closing.

Aggregate data. We may use de-identified, aggregated information about use of the Service (for example, total donation volume across all customers) to operate and improve it, provided it does not identify you or any donor.

10. Acceptable use

You agree not to, and not to allow anyone to:

• use the Service for anything other than lawful fundraising and donor management, or misrepresent who you are, your tax status, or how donations will be used;
• process payments for goods, services, memberships that are primarily commercial in nature, or any business restricted or prohibited by Stripe;
• launder money, evade sanctions, or finance anything unlawful;
• send unsolicited bulk messages, or contact donors in violation of anti-spam or privacy laws;
• upload malicious code, probe or test the security of the Service without written permission, or attempt to access other customers’ data;
• scrape, copy, resell, sublicense or white-label the Service, or build a competing product using it;
• remove or obscure DonorFinch or Stripe notices where the Service displays them, except through settings we provide; or
• interfere with the Service or impose an unreasonable load on it.

We may suspend or restrict access to investigate suspected violations, protect donors or the Service, or comply with law, and will tell you when we do unless prohibited.

11. Websites, Wix, WordPress and embeds

You may show your donation forms on websites you control by linking to your hosted page, using our embed script, installing our WordPress plugin, or installing our Wix app. You are responsible for those websites, including their own terms, privacy practices and accessibility. Forms will only appear on websites you have approved in your DonorFinch settings or connected through Wix or WordPress.

Wix and WordPress are independent platforms with their own terms. Our Wix app is subject to the Wix App Market terms and our WordPress plugin to the WordPress.org plugin guidelines and the GPL. We are not responsible for changes those platforms make that affect the integrations, though we will make reasonable efforts to keep them working.

Keep your site keys and API credentials confidential and rotate them if you believe they have been exposed.

12. Our intellectual property

The Service, including its software, design, text, logos and the DonorFinch name, is owned by DonorFinch and its licensors and protected by intellectual property laws. Except for the rights expressly granted in these Terms, we reserve all rights. You may use the DonorFinch name and “Powered by DonorFinch” notices only as displayed by the Service. If you send us ideas or feedback, we may use them without obligation to you.

Our WordPress plugin and embed loader are made available under their own open-source licenses as stated in their source files; those licenses govern that code.

13. Availability, changes and beta features

We work to keep the Service available at all times but do not guarantee uninterrupted or error-free operation. We may perform maintenance, release updates and change or discontinue features. If we discontinue a material feature we will give reasonable notice. Features labeled beta, preview or early access are provided for evaluation, may change or be withdrawn, and may be less reliable.

14. Term and termination

These Terms apply from the moment you first use the Service until your account is closed. You may close your account at any time by contacting us. We may suspend or terminate your account if you materially breach these Terms, if Stripe terminates or restricts your connected account, if required by law, or if you have not used the Service for 12 months, in each case with notice where practical. We may also terminate for convenience on 30 days’ notice.

On termination your right to use the Service ends, recurring gifts scheduled through the Service stop, and we handle your data as described in section 9. Sections that by their nature should survive (including 6, 8, 9, 12 and 15–19) survive termination.

15. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, DONORFINCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT RECEIPTS OR REPORTS WILL SATISFY ANY TAX AUTHORITY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. DONORFINCH IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF STRIPE, WIX, WORDPRESS, OR ANY OTHER THIRD PARTY. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DONORFINCH AND ITS OFFICERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST DONATIONS, LOST REVENUE, LOSS OF DATA, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY.

DONORFINCH’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE PLATFORM FEES YOU PAID TO DONORFINCH IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED US DOLLARS ($100). These limits do not apply to liability that cannot be limited by law, including liability for gross negligence, willful misconduct, or fraud.

17. Indemnification

You will defend, indemnify and hold harmless DonorFinch and its officers, employees and contractors from any claims, damages, losses and expenses (including reasonable legal fees) arising from (a) your Customer Data, (b) your fundraising activities, receipts, statements or representations to donors, (c) your violation of these Terms, the Stripe Agreements or any law, or (d) a dispute between you and a donor or a third party. We will notify you promptly of any such claim and cooperate reasonably, at your expense.

18. Governing law and disputes

These Terms are governed by the laws of the State of South Carolina, United States, without regard to conflict-of-law rules. Before filing a claim, each party agrees to contact the other and try in good faith to resolve the dispute informally within 30 days. Any claim that is not resolved will be brought in the state or federal courts located in the State of South Carolina, and each party consents to their jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. Nothing in this section prevents you from bringing a claim in your local courts where consumer-protection law gives you that right.

19. General terms

• Changes to these Terms. We may update these Terms. We will post the new version with a new effective date and, for material changes, notify you by email or in the Service at least 30 days before they take effect. Continued use after that date means you accept the changes.
• Notices. We will send notices to the owner email address on your account. Send notices to us at support@donorfinch.com or by mail to DonorFinch, 460 King St, Suite 200, Charleston, SC 29403.
• Entire agreement. These Terms, the Privacy Policy and any order or written agreement signed by both parties are the entire agreement between us about the Service and replace any earlier agreements.
• Assignment. You may not assign these Terms without our consent. We may assign them to a successor in connection with a merger, acquisition or sale of assets.
• Severability and waiver. If any provision is unenforceable it will be modified to the minimum extent necessary and the rest will remain in effect. A failure to enforce a provision is not a waiver.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including outages of Stripe, hosting or network providers.
• Independent parties. We are independent contractors. These Terms do not create a partnership, agency or joint venture, and no third party is a beneficiary of them, except that Stripe may enforce section 5.

20. Contact

Questions about these Terms: support@donorfinch.com

DonorFinch, 460 King St, Suite 200, Charleston, SC 29403