Fundmetric Terms of Service

Effective Date November 21, 2024.

Welcome to Fundmetric! These Terms of Service govern your access to and use of the Fundmetric.com website and the Fundmetric Platform and Application. By accessing or using the Website or Application, you agree to comply with these Terms.

If your organization has signed a Primary Service Agreement with Fundmetric, that agreement supersedes these Terms in the event of a conflict.

For questions or concerns about these Terms, please contact us at security@fundmetric.com.

1. Primary Service Agreement

If your organization has entered into a signed Primary Service Agreement ("PSA") with Fundmetric, the PSA will govern and supersede these Terms in cases of conflict. These Terms are intended to complement the PSA by providing additional provisions specific to the Website and Application.

2. Scope of Service

Fundmetric provides fundraising and donor engagement tools exclusively for registered non-profit organizations. The Website and Application enable non-profits to:
- Access donor insights and fundraising analytics.
- Integrate payment systems such as Google Pay, Apple Pay, PayPal, and Stripe.
- Leverage predictive analytics and machine learning for targeted campaigns.

By using Fundmetric, you certify that your organization meets the eligibility requirements outlined below.

3. Non-Profit Eligibility

Eligibility Verification: Fundmetric exclusively works with legally registered non-profits. By accessing or using the Website or Application, you affirm that your organization is a registered non-profit entity in your jurisdiction. Documentation to verify non-profit status may be required at any time.

Prohibited Use: Fundmetric prohibits access to the Platform by individuals or entities that:
 - Are not legally recognized asnon-profit organizations.
 - Provide false or misleadinginformation about their non-profit status.

4. Account Management

Account Setup: Fundmetric staff create and manage accounts for non-profit organizations. Organizations are responsible for ensuring that account information provided during onboarding is accurate and up-to-date.

Authorized Users
: Access to accounts is restricted to authorized personnel within the non-profit. Sharing login credentials with unauthorized individuals is prohibited.

Account Security: Organizations are responsible for maintaining theconfidentiality of their login credentials and notifying Fundmetric immediatelyof any unauthorized access.

5. Use of the Website and Application

Permitted Use: The Website andApplication are designed exclusively for lawful non-profit fundraising and donor engagement purposes.

Prohibited Activities:
Users must not:
 - Misuse or attempt to exploit platform features (e.g., spamming, phishing, or fraudulent fundraising activities).
 - Reverse-engineer, decompile, ortamper with the Website or Application.
 - Share or expose donor data orplatform insights to unauthorized parties.
 - Use the platform for commercial,non-charitable purposes.

6. Privacy and Data Security

Privacy Policy: All data collected via the Website or Application is governed by Fundmetric’s Privacy Policy.

Data Security: Fundmetric employs industry-standard security measures to protect user and donor data. Users are responsible for safeguarding account credentials and adhering to data privacy laws applicable to their region.

Concerns: For security issues, contact security@fundmetric.com.

7. Payment Processing

Third-Party Integrations: Fundmetric integrates with third-party payment systems, including Google Pay, ApplePay, PayPal, and Stripe, to facilitate secure online transactions. By using these services through the Platform, you agree to their respective terms and policies.

Subscription Fees: Any subscription fees, payment terms, and billing cycles are outlined in the PSA or provided at the time of onboarding.

Refunds: Refund policies are defined in the PSA or applicable agreements.

8. Data Ownership and Usage

Ownership: Data uploaded by your organization remains the property of your organization. Fundmetric retains the right to use aggregated and anonymized data to improve services and generate insights.

Compliance
: Both Fundmetric and users must adhere to relevant data privacy laws (e.g., GDPR, CCPA).

9. Termination and Suspension

By Fundmetric: Fundmetric reserves the right to suspend or terminate access to the Website or Application for violations of these Terms, non-compliance with eligibility criteria, or failure to meet payment obligations.

By the Organization: Organizations may terminate their use of Fundmetricby providing notice in accordance with the PSA.

Data Access Post-Termination: Upon termination, Fundmetric will provideaccess to your data for a limited time, subject to applicable fees.

10. Limitation of Liability

Fundmetric provides its Website andApplication "as is" and "as available" without warranties of any kind. Fundmetric is not liable for indirect, incidental, or consequential damages arising from the use of the Website or Application, including data loss, service interruptions, or inaccuracies in analytics.

11. Indemnification

Organizations agree to indemnify and hold Fundmetric harmless from claims, liabilities, or damages arising from:
- Unauthorized or improper use of the Website or Application.
- Violations of these Terms or data privacy laws.
- Misrepresentation of non-profit status.

12. Modifications to the Terms

Fundmetric reserves the right to update these Terms to reflect changes in policies, laws, or service offerings. Changes will be communicated via email or platform notification. Continued use of the Website or Application constitutes acceptance of the updated Terms.

13. Governing Law and Dispute Resolution

Jurisdiction: These Terms are governed by the laws of the Province of Nova Scotia, Canada.

Dispute Resolution: Any disputes arising from the use of the Website orApplication shall first be resolved through good-faith negotiations. If unresolved, disputes will be submitted to binding arbitration.

14. Contact Information

For questions, concerns, or further information, please contact us at security@fundmetric.com.

Organizations are using Fundmetric to help solve their toughest problems.

We are living in the era of data, and with AI implementation on the horizon for so many organizations, never before has it been more important that people and technology are brought together.

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