Terms of service
1. Eligibility and authority
You represent that you are of legal age to form a binding contract in your jurisdiction and, if you accept on behalf of an organization, that you have authority to bind that organization. You must provide accurate registration information and keep credentials confidential.
2. The Services
Fundolar provides software and hosted capabilities that enable organizations to operate fundraising experiences, frequently in conjunction with WordPress sites and payment processors. Features may evolve; we may introduce, modify, or retire functionality with reasonable notice where practical.
Fundolar Central refers to the hosted control plane organizations may use for configuration, reconciliation, and operational workflows. The Fundolar WordPress plugin distributed under GPL-compatible licensing operates under separate license terms embedded with the software; use of our hosted Services remains subject to these Terms.
3. Customer obligations
You agree to:
- Use the Services only in compliance with applicable laws, including charitable solicitation, consumer protection, anti-money-laundering, and tax regulations relevant to your programs;
- Maintain truthful fundraising disclosures and honor commitments made to donors;
- Not misuse the Services to distribute malware, spam, deceptive campaigns, or infringing content;
- Not attempt to breach security, probe vulnerabilities beyond coordinated disclosure, or interfere with other customers;
- Maintain backups of business-critical content stored outside Fundolar where appropriate.
4. Third-party services
The Services integrate with payment processors, banking partners, cloud infrastructure providers, email systems, and optional tools you enable. Those third parties’ terms and privacy policies apply to their products. Fundolar is not responsible for outages, pricing changes, or policy decisions made by payment networks or processors.
5. Fees and taxes
Fundolar may charge fees for use of the Services, including subscription fees for Fundolar Central and a platform fee on completed donations processed through the Services. The current platform fee is 3.5% of the gross donation amount, disclosed at checkout and in transaction reporting. Fee schedules, billing cycles, and renewal terms for paid offerings are presented at purchase, in Fundolar Central, or in an applicable order form.
Unless stated otherwise, quoted fees exclude applicable taxes. You are responsible for taxes associated with your use of the Services where required by law. Late payments may result in suspension of access after reasonable notice where permitted.
6. Intellectual property
Fundolar retains all rights in the Services, trademarks, documentation, and proprietary components excluding portions expressly licensed under open-source terms (such as the WordPress plugin under GPL). Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the Services for your internal fundraising operations.
You grant Fundolar a license to host, process, and display content you submit solely as necessary to operate the Services and comply with law.
7. Data processing
Our Privacy policy describes how Fundolar collects, uses, and protects personal information. When Fundolar processes personal data on behalf of customer organizations in connection with fundraising activities, we act as a processor under those organizations’ instructions and applicable data protection law.
8. Confidentiality
Each party may receive non-public information from the other. The recipient will use reasonable care to protect such information and use it only for purposes consistent with these Terms, except as required by law.
9. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUNDOLAR DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA. EXCEPT FOR PAYMENT OBLIGATIONS, EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO FUNDOLAR FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS, WHILE NON-PAYING ACCOUNTS ARE LIMITED TO (B).
Some jurisdictions do not allow certain limitations; in those cases limits apply only to the extent permitted.
11. Indemnification
You will defend and indemnify Fundolar and its affiliates, directors, and personnel against third-party claims arising from your fundraising activities, content, violation of these Terms, or violation of law—except to the extent caused by Fundolar’s willful misconduct.
12. Suspension and termination
We may suspend access if we reasonably believe you pose a security risk, violate these Terms, or create liability for Fundolar or others. Either party may terminate for material breach uncured thirty days after written notice (or immediately for severe breaches where permitted). Upon termination, your right to access the Services ceases; provisions intended to survive will remain in effect.
13. Export and sanctions
You warrant that you are not located in, under control of, or a national or resident of any country or entity subject to comprehensive sanctions or embargoes where use of the Services is prohibited. You will comply with applicable export control laws.
14. Governing law and disputes
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Except where prohibited by applicable law, the courts located in Toronto, Ontario shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services.
Before initiating formal proceedings, the parties agree to attempt in good faith to resolve disputes through direct contact at info@fundolar.com. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property, confidential information, or system security.
15. General
- Entire agreement: These Terms (plus policies referenced herein and any executed order form) constitute the entire agreement on their subject matter.
- Assignment: You may not assign these Terms without Fundolar’s consent; Fundolar may assign in connection with a merger or sale.
- No waiver: Failure to enforce a provision is not a waiver.
- Severability: Invalid provisions will be modified to the minimum extent necessary; remaining provisions stay effective.
16. Contact
Questions about these Terms: info@fundolar.com or our contact form.