NONPROFITSTREAM TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

1.1 Agreement to Terms

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy (available at nonprofitstream.com/privacy), which is incorporated herein by reference.

1.2 Authority to Bind

If you are accepting these Terms on behalf of an organization:

• You represent and warrant that you have full legal authority to bind that organization to these Terms
• References to "you" and "your" shall refer to that organization
• You personally guarantee that you have such authority

1.3 Age Requirement

You must be at least 18 years of age to use the Service. The Service is not intended for use by anyone under 18 years of age.

1.4 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email and/or by posting a notice on our Service at least 30 days before the effective date. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and may cancel your subscription in accordance with Section 14.

2. DESCRIPTION OF SERVICE

2.1 Service Overview

NonprofitStream is a cloud-based customer relationship management (CRM) platform designed specifically for nonprofit organizations. The Service provides the following core features:

• Donor contact management and relationship tracking
• Donation recording and receipt generation
• Tax receipt generation (IRS-compliant for USA nonprofits / CRA-compliant for Canadian nonprofits)
• Newsletter management
• Fundraising campaign tracking and analytics
• Event management
• Reporting and analytics tools
• Integration with third-party services

2.2 Service Components

The Service includes:

• Web-based interface accessible via modern web browsers
• Secure data storage and encryption (in transit and at rest)
• Customer support via email
• Regular software updates and improvements

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify you of material changes that negatively impact core functionality.

2.4 Beta Features

From time to time, we may offer access to beta features or services that are still under development ("Beta Features"). Beta Features are provided "AS IS" without any warranty, may contain bugs or errors, and may be modified or discontinued at any time without notice. Use of Beta Features is at your sole risk.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

To use the Service, you must:

• Create an account by providing accurate, current, and complete information
• Provide a valid email address
• Choose a secure password
• Designate at least one administrator ("Administrator") for your organization

3.2 Account Information Accuracy

You agree to:

• Provide truthful, accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and complete
• Notify us immediately of any changes to your organization's legal status, contact information, or billing information

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials (username and password)
• All activities that occur under your account
• Ensuring that your password meets security best practices (minimum 8 characters, combination of letters, numbers, and special characters recommended)
• Restricting access to your account to authorized users only
• Immediately notifying us at support.nonprofitstream@automaticlick.com of any unauthorized use of your account or any other security breach

3.4 User Management

As an Administrator, you are responsible for:

• Managing user accounts and permissions within your organization
• Ensuring that all users comply with these Terms
• Promptly contact nonprofitstream support revoking access for users who should no longer have access to your account
• All actions taken by users under your account

3.5 Account Suspension

We reserve the right to suspend or terminate your account if we believe, in our sole discretion, that you have violated these Terms or engaged in fraudulent or illegal activity.

4. SUBSCRIPTION PLANS AND PAYMENT

4.1 Subscription Plans

We offer various subscription plans as described on our website at nonprofitstream.com/pricing. Each plan includes different features, usage limits, and pricing. Current plans include:

• Starter Plan: For small nonprofits (up to 500 contacts)
• Pro Plan: For growing organizations (up to 1,000 contacts)

4.2 Subscription Fees

You agree to pay all subscription fees for the plan you select. Fees are:

• Billed monthly in advance
• Charged on your billing anniversary date each month
• Non-refundable except as expressly stated in these Terms or as required by law
• Subject to applicable taxes, which you are responsible for paying

4.3 Payment Method

You must provide a valid payment method (credit card or debit card) to subscribe to a paid plan. You authorize us to:

• Charge your payment method for all subscription fees when due
• Update your payment method information as provided by our payment processor
• Charge your payment method for any unpaid fees or additional charges

4.4 Payment Processing

All payments are processed securely through our third-party payment processor, Stripe, Inc. ("Stripe"). By providing your payment information, you agree to Stripe's Services Agreement and Privacy Policy. We do not store your complete credit card information on our servers.

4.5 Billing Cycle

Subscription fees are charged monthly on your billing anniversary date (the date you first subscribed). For example, if you subscribe on January 15, you will be charged on the 15th of each month thereafter.

4.6 Failed Payments

If a payment fails:

• We will attempt to charge your payment method up to three times
• We will notify you via email of the failed payment
• Your account may be suspended if payment is not received within 7 days
• Your account may be terminated if payment is not received within 30 days
• You remain responsible for any unpaid fees, plus any collection costs

4.7 Price Changes

We reserve the right to change our pricing at any time. For existing subscribers:

• We will provide at least 30 days' advance notice of any price increase
• Notice will be sent to your registered email address
• The new pricing will take effect on your next billing date after the notice period
• Your continued use of the Service after the price change constitutes acceptance
• You may cancel your subscription before the price change takes effect if you do not agree to the new pricing

4.8 Taxes

All fees are exclusive of applicable federal, state, provincial, local, or other governmental sales, goods and services, harmonized, value-added, or other taxes, fees, or charges (collectively, "Taxes"). You are responsible for paying all Taxes associated with your subscription. If we are required to collect or pay Taxes, the Taxes will be charged to you.

4.9 No Refunds

Except as required by law or as expressly provided in Section 5.3 (Free Trial), all subscription fees are non-refundable. We do not provide refunds or credits for:

• Partial months of service
• Unused time when you cancel your subscription
• Months in which you do not use the Service
• Refunds or credits for subscription downgrades

5. FREE TRIAL

5.1 Trial Period

We offer a 14-day free trial period ("Trial Period") to new users. During the Trial Period:

• No credit card is required to sign up
• You have access to most features of the Service
• You can add up to 50 donor contacts
• You can send up to 50 emails
• Some advanced features may be limited or unavailable

5.2 Trial Limitations

During the Trial Period:

• You may not use the Service for commercial purposes unrelated to your nonprofit organization
• You may not create multiple accounts to extend your trial period
• You may not abuse or exploit the trial in any way
• We reserve the right to terminate your trial at any time if we suspect abuse

5.3 After Trial Period

When your Trial Period ends:

• Your account will remain active in "view-only" mode
• You can view your data but cannot add new data or send emails
• To continue using the Service, you must select a paid subscription plan
• We will send you email reminders 3 days before and on the day your trial expires
• Your data will be preserved for 30 days after trial expiration
• After 30 days, we reserve the right to delete your data if you have not subscribed

5.4 Trial Cancellation

You may cancel your trial at any time during the Trial Period without charge. Your data will be retained for 30 days after cancellation in case you choose to subscribe.

5.5 No Automatic Conversion

We will NOT automatically charge your credit card when your trial ends. You must explicitly choose a subscription plan and provide payment information to continue using the Service after the Trial Period.

6. ACCEPTABLE USE POLICY

6.1 Permitted Use

You may use the Service solely for lawful purposes related to operating your nonprofit organization and in accordance with these Terms. You agree to comply with all applicable federal, state, provincial, local, and international laws, regulations, and rules.

6.2 Prohibited Activities

You agree NOT to:

a) Legal Violations:

• Use the Service for any illegal purpose or in violation of any laws
• Use the Service to transmit or distribute content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights
• Use the Service to defame, harass, abuse, threaten, or defraud others
• Use the Service to distribute spam, unsolicited emails, or bulk emails without recipients' consent

b) Security Violations:

• Attempt to gain unauthorized access to the Service, other users' accounts, or our computer systems
• Probe, scan, or test the vulnerability of our systems or networks
• Breach or circumvent any security or authentication measures
• Access or search the Service by any means other than our publicly supported interfaces

c) Service Abuse:

• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use any robot, spider, scraper, or other automated means to access the Service
• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
• Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising the Service

d) Competitive Activities:

• Use the Service to develop or offer a competing product or service
• Use the Service for benchmarking or competitive analysis purposes
• Copy, reproduce, or publicly display any part of the Service without our prior written consent
• Resell, sublicense, or redistribute the Service without our prior written consent

e) Content Violations:

• Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable
• Upload or transmit content that you do not have the right to transmit under law or contractual relationships
• Upload or transmit content that contains software viruses or any other malicious code

6.3 Email Sending Restrictions

To prevent abuse and maintain our email deliverability reputation, you agree to:

• Only send emails to recipients who have explicitly consented to receive them
• Comply with CAN-SPAM Act (U.S.), CASL (Canada), and other anti-spam laws
• Include a clear and functional unsubscribe link in all marketing emails
• Honor unsubscribe requests promptly (within 10 business days)
• Not use the Service to send spam, unsolicited commercial emails, or bulk emails to purchased lists

6.4 Monitoring and Enforcement

We reserve the right, but not the obligation, to:

• Monitor use of the Service for compliance with these Terms
• Investigate any reported violation of these Terms
• Take appropriate action, including warning, suspending, or terminating your account
• Report suspected illegal activity to law enforcement
• Cooperate with law enforcement investigations

6.5 Consequences of Violation

If you violate this Acceptable Use Policy:

• We may immediately suspend or terminate your account without notice
• We may delete content that violates these Terms
• You will not be entitled to any refund of fees paid
• You will remain liable for all fees due through the end of your subscription term
• We may pursue legal remedies available to us

7. YOUR DATA AND PRIVACY

7.1 Your Data Ownership

You retain all right, title, and interest in and to any data, information, or content you submit, upload, or store using the Service ("Your Data"). Your Data includes:

• Donor and constituent contact information
• Donation records and financial data
• Campaign and communication content
• Reports, documents, and files you create or upload
• Any other information you input into the Service

7.2 License to Use Your Data

By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, process, display, and transmit Your Data solely for the purpose of:

• Providing the Service to you
• Maintaining and improving the Service
• Providing customer support
• Complying with our legal obligations
• Enforcing these Terms

7.3 Data Protection and Privacy

We are committed to protecting Your Data:

• We implement industry-standard security measures to protect Your Data
• We encrypt Your Data in transit using SSL/TLS protocols
• We encrypt Your Data at rest using AES-256 encryption
• We perform regular backups of Your Data
• We will never sell Your Data to third parties
• Our use of Your Data is governed by our Privacy Policy

7.4 Your Responsibilities for Your Data

You represent and warrant that:

• You have all necessary rights, consents, and permissions to provide Your Data to us
• Your Data does not violate any laws, regulations, or third-party rights
• Your Data does not contain any viruses, malware, or malicious code
• You have obtained all necessary consents from individuals whose personal information is included in Your Data, as required by applicable privacy laws

7.5 Data Accuracy

You are solely responsible for:

• The accuracy, quality, integrity, and legality of Your Data
• The means by which you acquired Your Data
• Ensuring Your Data complies with all applicable laws and regulations

7.6 Aggregated Data

We may create anonymized, aggregated statistics and data derived from Your Data ("Aggregated Data"). Aggregated Data does not identify you or your donors and may be used by us for:

• Improving the Service
• Industry research and benchmarking
• Marketing and promotional purposes
• Any other lawful business purpose

7.7 Data Security Incidents

In the event of a security breach that affects Your Data:

• We will notify you without undue delay (within 72 hours where required by law)
• We will investigate the breach and take steps to remediate
• We will cooperate with you and regulatory authorities as required
• We will document the incident in accordance with our security policies

8. OUR INTELLECTUAL PROPERTY RIGHTS

8.1 Ownership

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto (collectively, "Our IP"), are the exclusive property of Automaticlick Inc. and our licensors.

8.2 Our IP is protected by:

• Copyright laws of Canada and international copyright treaties
• Trademark laws and regulations
• Patent laws (where applicable)
• Trade secret laws
• Other intellectual property laws and regulations

8.3 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and use the Service for your internal nonprofit operations
• Download and use our mobile applications on devices you own or control
• Access and use any documentation we provide

8.4 License Restrictions

You may NOT:

• Copy, modify, or create derivative works of the Service or Our IP
• Reverse engineer, decompile, or disassemble the Service
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service
• Use the Service to build a competitive product or service
• Frame or mirror any content forming part of the Service
• Use any data mining, robots, or similar data gathering or extraction methods
• Access the Service for purposes of monitoring its availability, performance, or functionality for competitive purposes

8.5 Competitor Prohibition

If you are a direct competitor of NonprofitStream (as determined by us in our sole discretion), you may not access or use the Service without our prior written consent.

8.6 Feedback

If you provide us with any suggestions, ideas, enhancement requests, feedback, recommendations, or other information relating to the Service ("Feedback"), you hereby grant us a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner and for any purpose, without any obligation to you.

8.7 Reservation of Rights

All rights not expressly granted to you in these Terms are reserved by us and our licensors. No implied licenses are granted.

9. THIRD-PARTY SERVICES AND INTEGRATIONS

9.1 Third-Party Services

The Service integrates with or may make available third-party services, applications, websites, or content ("Third-Party Services"), including but not limited to:

Stripe / AWS / Sendgrid / Gmail / Google Calendar

9.2 Your Relationship with Third Parties

Your use of Third-Party Services is subject to:

• The third party's own terms of service and privacy policy
• Any additional agreement you may have with that third party
• You acknowledge that we are not a party to your relationship with any third party

9.3 No Endorsement

We do not endorse, are not responsible for, and make no representations or warranties regarding:

• The availability, performance, or functionality of Third-Party Services
• The content, accuracy, or quality of Third-Party Services
• The data practices or security of Third-Party Services

9.4 Third-Party Terms

You agree to:

• Review and comply with the terms and conditions of any Third-Party Services you use
• Bear sole responsibility for your use of Third-Party Services
• Not hold us liable for any issues arising from Third-Party Services

9.5 Data Sharing with Third Parties

When you enable an integration with a Third-Party Service:

• We may share Your Data with that third party as necessary to provide the integration
• The third party's handling of Your Data will be governed by their privacy policy, not ours
• You are responsible for reviewing and accepting the third party's data practices
• You can disable integrations at any time from your account settings

9.6 Changes to Integrations

We reserve the right to:

• Add, modify, or remove Third-Party Services integrations at any time
• Terminate or suspend access to Third-Party Services if required by the third party
• Discontinue integrations that no longer meet our quality or security standards

9.7 No Liability for Third Parties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY ARISING FROM YOUR USE OF THIRD-PARTY SERVICES.

10. SERVICE AVAILABILITY AND SUPPORT

10.1 Service Level

While we strive to provide reliable, uninterrupted service, we do not guarantee that:

• The Service will be available at all times
• The Service will be error-free or bug-free
• Any defects in the Service will be corrected
• The Service will meet your specific requirements

10.2 Maintenance and Downtime

We may:

• Perform scheduled maintenance, typically outside business hours
• Provide advance notice of scheduled maintenance when possible (minimum 24 hours for planned downtime exceeding 4 hours)
• Perform emergency maintenance without notice when necessary
• Experience unplanned downtime due to circumstances beyond our control

10.3 Customer Support

We provide customer support via:

• Email support at supportnonprofitstream@automaticlick.com
• Online help center and documentation at help.nonprofitstream.com
• Support hours: Monday-Friday, 9:00 AM - 5:00 PM EST (excluding holidays)
• Response time goals: 24-48 hours for general inquiries, 4-12 hours for urgent issues

10.4 Support Scope

Our support includes:

• Assistance with Service functionality and features
• Help with account setup and configuration
• Troubleshooting technical issues
• Guidance on best practices

10.5 Support Exclusions

Our support does NOT include:

• Custom development or modifications
• Data entry services
• Training beyond self-service documentation
• Support for Third-Party Services
• Consulting services (available separately upon request)

11. WARRANTIES AND DISCLAIMERS

11.1 Limited Warranty

We warrant that the Service will perform materially in accordance with our published documentation during your subscription term. For any breach of this warranty, your sole and exclusive remedy is as described in Section 14 (Termination Rights).

11.2 Mutual Warranties

Each party represents and warrants that:

• It has the full right and authority to enter into these Terms
• These Terms constitute a legal, valid, and binding obligation
• Its performance under these Terms does not violate any other agreement

11.3 Your Warranties

You represent and warrant that:

• You are a legitimate nonprofit organization or are using the Service for nonprofit purposes
• All information you provide to us is accurate, current, and complete
• Your use of the Service complies with all applicable laws and regulations
• You have obtained all necessary consents to upload Your Data to the Service

11.4 DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED IN SECTION 11.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
• IMPLIED WARRANTIES OF TITLE
• IMPLIED WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

11.5 No Guarantee

WE DO NOT WARRANT THAT:

• The Service will meet your specific requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• Any errors or defects in the Service will be corrected
• The Service will be compatible with all hardware, software, or systems
• The results obtained from use of the Service will be accurate or reliable
• The quality of any information, products, or services obtained through the Service will meet your expectations

11.6 Third-Party Warranties Disclaimed

WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THIRD-PARTY SERVICES. Your use of Third-Party Services is at your sole risk.

11.7 Data Loss

While we perform regular backups, WE DO NOT WARRANT against data loss. You are solely responsible for maintaining your own backup copies of Your Data.

11.8 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. LIMITATION OF LIABILITY

12.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

12.2 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
• DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, OR DATA
• DAMAGES FOR LOSS OF GOODWILL OR REPUTATION
• DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
• DAMAGES FOR BUSINESS INTERRUPTION OR WORK STOPPAGE
• DAMAGES FOR LOSS OF BUSINESS OPPORTUNITY
• DAMAGES RESULTING FROM LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS TO DATA

THIS EXCLUSION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3 Basis of Bargain

You acknowledge and agree that:

• The limitations and exclusions in this Section 12 form an essential basis of the bargain between you and us
• We would not provide the Service at the current price without these limitations
• These limitations will apply notwithstanding any failure of essential purpose of any limited remedy

12.4 Exceptions to Limitations

The limitations in this Section 12 do NOT apply to:

• Your payment obligations under these Terms
• Your indemnification obligations under Section 13
• Your breach of Section 6 (Acceptable Use Policy) or Section 8 (Our Intellectual Property Rights)
• Liabilities that cannot be limited or excluded by applicable law (such as fraud, gross negligence, or willful misconduct)
• Death or personal injury caused by our negligence

12.5 Jurisdictional Limitations

Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12.6 Multiple Claims

The limitations in this Section 12 apply:

• Regardless of the number of claims or causes of action you may have
• On an aggregate basis for all claims
• Regardless of the legal theory upon which liability may be based

13. INDEMNIFICATION

13.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless NonprofitStream, Automaticlick Inc., and our affiliates, officers, directors, employees, agents, licensors, and suppliers (collectively, "NonprofitStream Parties") from and against any and all claims, demands, losses, liabilities, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

a) Your Data:

• Any allegation that Your Data infringes or misappropriates any third party's intellectual property rights, privacy rights, or other proprietary rights
• Any allegation that Your Data violates any applicable law, regulation, or these Terms
• The accuracy, quality, legality, or integrity of Your Data

b) Your Use of the Service:

• Your use or misuse of the Service in violation of these Terms
• Your violation of any law, regulation, or third-party right
• Your breach of any representation or warranty in these Terms

c) Your Users:

• Any acts or omissions by any person using your account (whether authorized or unauthorized)
• Any violation of these Terms by any person using your account

d) Your Gross Negligence or Willful Misconduct:

• Any grossly negligent or willful acts or omissions by you or your users

13.2 Indemnification Process

If we seek indemnification from you:

• We will provide you with prompt written notice of the claim
• You will have sole control of the defense and settlement, subject to our approval
• We will reasonably cooperate with you in the defense (at your expense)
• You may not settle any claim without our prior written consent if the settlement imposes any obligation on us or admits fault on our behalf

13.3 Our Right to Participate

We reserve the right to:

• Participate in the defense of any claim at our own expense
• Assume exclusive control of the defense if we determine that you are not adequately defending
• Approve any settlement that affects our rights or interests

13.4 Survival

Your indemnification obligations survive the termination or expiration of these Terms.

14. TERM AND TERMINATION

14.1 Term

These Terms commence on the date you first access or use the Service and continue until terminated in accordance with this Section 14.

14.2 Termination by You

You may terminate these Terms and cancel your subscription at any time by:

• Logging into your account
• Navigating to Settings > Subscription
• Clicking "Cancel Subscription"
• Following the cancellation process

Alternatively, you may contact us at support.nonprofitstream@automaticlick.com to request cancellation.

14.3 Effect of Your Cancellation

• Cancellation takes effect at the end of your current billing period
• You will retain access to the Service until the end of your current billing period
• No refund will be provided for the remainder of your current billing period
• No further charges will be made after your current billing period ends
• Your account will be downgraded to "view-only" status, allowing you to export Your Data

14.4 Termination by Us for Cause

We may immediately suspend or terminate your account and access to the Service, without notice, if:

• You breach any material provision of these Terms
• You violate the Acceptable Use Policy (Section 6)
• You fail to pay amounts due within 30 days of the due date
• Your account has been inactive for more than 12 months (after providing 30 days' notice)
• We are required to do so by law or court order
• You engage in fraudulent, illegal, or harmful activity
• Your use of the Service poses a security risk to us, other users, or third parties

14.5 Termination by Us for Convenience

We may terminate these Terms and your access to the Service for any reason or no reason by providing you with 30 days' advance notice. In such case, we will refund you a pro-rated amount of any prepaid, unused fees.

14.6 Effect of Termination

• Your right to access and use the Service immediately ceases
• You must promptly cease all use of the Service
• All licenses granted under these Terms immediately terminate
• You remain responsible for all fees and charges incurred prior to termination
• Sections that by their nature should survive termination will survive (including Sections 7.1, 8, 12, 13, 14.6, 14.7, and 17)

14.7 Data Retention After Termination

Upon termination:

• We will retain Your Data for 30 days in a "grace period"
• During this grace period, you may reactivate your account or export Your Data
• After 30 days, we reserve the right to permanently delete Your Data
• We have no obligation to maintain or provide Your Data after the 30-day period
• We are not liable for any loss of Your Data following termination

15. DATA EXPORT AND RETENTION

15.1 Data Export During Subscription

At any time during your active subscription, you may export Your Data in the following formats:

CSV (Comma-Separated Values) for donor records, donations, and other tabular data directly through nonprofitstream web application, or by request through the technical support on contact us page.

15.2 Data Export After Cancellation

For 30 days after your subscription ends (whether by your cancellation or our termination), you may:

• Log in to your account in "view-only" mode
• Export Your Data using the methods described in Section 15.1
• Request assistance from our support team with data export (at our discretion)

15.3 Data Export Process

To export Your Data:

For assistance with data export, contact support.nonprofitstream@automaticlick.com.

15.4 Data Retention Policy

We retain Your Data as follows:

• During Active Subscription: As long as your subscription remains active
• After Cancellation: 30 days from the end of your last billing period
• After Termination by Us: 30 days from termination date
• After 30-Day Period: We reserve the right to permanently delete Your Data

15.5 Your Responsibility to Export

You are solely responsible for:

• Requesting export of Your Data before the end of the 30-day retention period
• Maintaining your own backup copies of Your Data

15.6 Backups

While we perform regular backups for disaster recovery purposes:

• Backups are for our operational purposes only
• Backups are not a substitute for your own data export and backup practices
• We have no obligation to restore data from backups upon your request
• Backups are subject to our data retention policies and may be deleted at any time

15.7 Deleted Data

Once Your Data is permanently deleted:

• It cannot be recovered
• We have no obligation to attempt to recover deleted data
• We are not liable for any consequences resulting from data deletion

16. MODIFICATIONS TO TERMS

16.1 Right to Modify

We reserve the right to modify these Terms at any time, in our sole discretion.

16.2 Notice of Changes

When we make material changes to these Terms, we will:

• Post the updated Terms on our website with a "Last Updated" date
• Send an email notification to the email address associated with your account
• Display a prominent notice in the Service dashboard
• Provide at least 30 days' advance notice before the changes take effect

16.3 Effective Date

Changes will become effective:

• 30 days after we provide notice of the changes
• Immediately upon your acceptance if you affirmatively accept the modified Terms

16.4 Your Acceptance

Your continued use of the Service after the effective date of modified Terms constitutes your acceptance of the modified Terms.

16.5 Rejection of Changes

If you do not agree to the modified Terms:

• You must stop using the Service before the effective date
• You may cancel your subscription in accordance with Section 14.2
• No refund will be provided for any remaining portion of your subscription unless required by law

16.6 Current Version

The most current version of these Terms will always be available at nonprofitstream.com/terms.

17. DISPUTE RESOLUTION AND GOVERNING LAW

17.1 Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles.

17.2 Informal Resolution

Before initiating any formal legal action, the parties agree to attempt to resolve any dispute, claim, or controversy informally for at least 30 days. To initiate informal resolution:

• You must send a written notice to: info@automaticlick.com
• We will send any notice to your email address on file
• The notice must describe the nature of the dispute and the relief sought
• The parties will negotiate in good faith to resolve the dispute

17.3 Jurisdiction and Venue

If informal resolution is unsuccessful, you agree that:

• Any legal action must be brought exclusively in the courts located in Toronto, Ontario, Canada
• You consent to the personal jurisdiction of such courts
• You waive any objection to venue in such courts

17.4 Class Action Waiver

YOU AGREE TO BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You agree that:

• No arbitration or proceeding shall be joined with any other
• There is no right or authority for any dispute to be arbitrated or litigated on a class-action basis
• There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons

17.5 Time Limitation on Claims

You agree that any claim you may have arising out of or related to these Terms or the Service must be filed within one (1) year after the cause of action arose. Otherwise, your claim is permanently barred.

17.6 Exceptions

Nothing in this Section 17 shall prevent either party from:

• Seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights
• Seeking provisional or interim measures from any court to preserve the status quo

17.7 Canadian Law Applies

For clarity, these Terms are governed by Canadian law, specifically Ontario law, and Canadian courts have exclusive jurisdiction.

18. FORCE MAJEURE

18.1 Force Majeure Event

Neither party shall be liable for any delay or failure to perform any obligation under these Terms due to events beyond its reasonable control ("Force Majeure Event"), including but not limited to:

• Acts of God, natural disasters, earthquakes, hurricanes, floods, fires
• Epidemics, pandemics, or health emergencies
• War, terrorism, invasion, riot, civil unrest
• Government actions, laws, orders, regulations, or embargoes
• Labor disputes, strikes, or lockouts
• Internet or telecommunications outages or failures (not caused by the affected party)
• Cyberattacks, denial of service attacks, or other security incidents affecting infrastructure providers
• Power outages or electrical grid failures
• Failures of third-party services or infrastructure essential to the Service

18.2 Notification

The affected party must:

• Promptly notify the other party of the Force Majeure Event
• Provide details about the nature and expected duration of the event
• Use commercially reasonable efforts to resume performance as soon as possible

18.3 Suspension of Performance

During a Force Majeure Event:

• The affected party's obligations are suspended to the extent prevented by the event
• The suspension lasts only for the duration of the event
• The affected party must use reasonable efforts to mitigate the effects

18.4 Extended Force Majeure

If a Force Majeure Event continues for more than 30 consecutive days:

• Either party may terminate these Terms by providing written notice
• No liability shall result from such termination
• We will refund you a pro-rated amount of any prepaid, unused fees

18.5 Payment Obligations

Force Majeure Events do not excuse your payment obligations unless your ability to pay is directly prevented by the event.

19. GENERAL PROVISIONS

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

19.2 Amendments

These Terms may only be amended as provided in Section 16 (Modifications to Terms). No other amendments are valid unless made in writing and signed by both parties.

19.3 Assignment

• You may not assign or transfer these Terms or any rights hereunder, in whole or in part, without our prior written consent
• Any attempted assignment without consent is void
• We may assign these Terms (including all rights and obligations) to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets
• These Terms bind and benefit the parties and their respective successors and permitted assigns

19.4 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable:

• That provision shall be enforced to the maximum extent possible
• The remaining provisions shall remain in full force and effect
• The invalid provision shall be replaced with a valid provision that most closely reflects the original intent

19.5 Waiver

Our failure to enforce any right or provision of these Terms:

• Does not constitute a waiver of that right or provision
• Does not waive our right to enforce that provision in the future
• Does not waive any other provision or right

19.6 No Agency

These Terms do not create:

• A partnership, joint venture, or agency relationship between you and us
• Any fiduciary duty owed by us to you
• Any employment relationship

19.7 Independent Contractors

The parties are independent contractors, and neither party has authority to:

• Bind the other party
• Make commitments on behalf of the other party
• Incur obligations on behalf of the other party

19.8 Notices

All notices under these Terms must be in writing and shall be deemed given:

• When delivered personally
• When sent by confirmed email
• Three business days after being sent by registered or certified mail
• One business day after being sent by nationally recognized overnight courier

Notices to you will be sent to the email address associated with your account. Notices to us must be sent to: info@automaticlick.com

19.9 Language

These Terms are drafted in English. If these Terms are translated into another language, the English version shall prevail in case of any conflict or inconsistency.

19.10 Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

19.11 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to Sections 7.1, 8, 12, 13, 14.6, 14.7, 15.7, 17, and 19.

19.12 Construction

No provision shall be construed against either party based on who drafted it. These Terms shall be interpreted fairly in accordance with their terms.

19.13 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated herein.

19.14 Export Control

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, and trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control.

19.15 U.S. Government Rights

If you are a U.S. government entity, the Service is provided as "Commercial Computer Software" and "Commercial Computer Software Documentation" as those terms are defined in applicable regulations.

20. CONTACT INFORMATION

If you have any questions about these Terms or the Service, please contact us:

Automaticlick Inc. (NonprofitStream)
Email: info@automaticlick.com
Support: support.nonprofitstream@automaticlick.com
Website: https://nonprofitstream.com

By using NonprofitStream, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: November 25, 2025