Benevolon

Empowering Nonprofits with AI

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Terms of Service

Please read these terms carefully before using our services.

Last Updated: June 15, 2023

Table of Contents

  • 1. Agreement to Terms
  • 2. Description of Services
  • 3. Eligibility
  • 4. User Accounts
  • 5. Payment Terms
  • 6. User Content
  • 7. Intellectual Property Rights
  • 8. Privacy Policy
  • 9. Prohibited Activities
  • 10. Termination
  • 11. Disclaimer of Warranties
  • 12. Limitation of Liability
  • 13. Indemnification
  • 14. Governing Law
  • 15. Changes to Terms
  • 16. Contact Information

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Benevolon, Inc. ("Company", "we", "us", or "our"), concerning your access to and use of the Benevolon platform and services accessible via our website at benevolon.com (the "Site") and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Services").

You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

2. Description of Services

Benevolon provides a software-as-a-service (SaaS) platform designed specifically for nonprofit organizations. Our Services include, but are not limited to:

  • AI-powered donor management and analytics
  • Impact tracking and reporting tools
  • Grant writing assistance
  • Project management features
  • Communication and collaboration tools

We reserve the right to add, modify, or discontinue any part of our Services at any time without prior notice.

3. Eligibility

The Services are intended for users who are at least 18 years of age and are primarily designed for use by nonprofit organizations, charitable entities, and social enterprises. By using the Services, you represent and warrant that you: (1) are at least 18 years of age; (2) have the legal capacity to enter into these Terms; (3) have not been previously suspended or removed from the Services; and (4) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

4. User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

5. Payment Terms

We offer various subscription plans for our Services. By selecting a subscription plan, you agree to pay the subscription fees indicated for that plan. Payments will be charged on a pre-pay basis on the day you sign up for a subscription plan and will cover the use of that service for the subscription period as indicated.

Unless you cancel your subscription before the end of the applicable subscription period, your subscription will automatically renew and you authorize us to collect the then-applicable subscription fee using any payment method we have on record for you.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

We offer a 14-day free trial for new users. At the end of the free trial period, you will be automatically charged the applicable subscription fee unless you cancel your subscription prior to the end of the free trial period.

6. User Content

Our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post to the Services, including its legality, reliability, and appropriateness.

By posting User Content to the Services, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such content on and through the Services. You retain any and all of your rights to any User Content you submit, post, or display on or through the Services and you are responsible for protecting those rights.

You represent and warrant that: (1) the User Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (2) the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

7. Intellectual Property Rights

The Services and their original content (excluding User Content), features, and functionality are and will remain the exclusive property of Benevolon, Inc. and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Benevolon, Inc.

You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by us or our suppliers. Neither these Terms nor your access to the Services transfers to you any rights, title, or interest in or to such intellectual property rights.

8. Privacy Policy

We respect the privacy of our users. Please refer to our Privacy Policy (which is incorporated into these Terms by reference) for information on how we collect, use, and disclose information from our users.

9. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services to advertise or offer to sell goods and services.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services.
  • Engage in unauthorized framing of or linking to the Services.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Attempt to impersonate another user or person or use the username of another user.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.

10. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services, or you may contact us using the contact information provided below.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

12. Limitation of Liability

IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN SOME JURISDICTIONS, THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless Benevolon, Inc., its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

16. Contact Information

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

  • By email: legal@benevolon.com
  • By phone: (555) 123-4567
  • By mail: Benevolon, Inc., 123 Nonprofit Way, Suite 456, San Francisco, CA 94105

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Email: info@benevolon.com | Phone: (555) 123-4567