Terms and Conditions

Updated January 2024

The following Terms of Service (“Terms”) set out the relationship between you, or the organization that you represent (hereinafter “you” or “your”) and BetterUnite or the division, affiliate, or subsidiary you are contracting with (hereinafter “BetterUnite”), regarding your use of any of BetterUnite’s websites, mobile applications, online databases, products, or related services, or solutions (collectively, the “Services”). Throughout these Terms, “us,” “our,” and “we” refers to BetterUnite. 

Acceptance of the Terms

The Services are available to users who are 18 years of age or older. Your access to and use of our Services is subject to the Terms outlined herein. By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, do not use our Services. Any new features or functionalities that are added to any Service shall also be subject to these Terms. You are advised to check these Terms from time to time for any updates or changes that may impact you. Some Services may have additional terms that will apply in addition to these Terms.

Use of Services

You are granted a limited, non-exclusive, and non-transferable license to access and use the Services for your benefit. You may use the Services only in compliance with these Terms and any applicable local, state, national, and international laws, rules, and regulations. You are responsible for obtaining any equipment or internet access necessary to use the Services. You are required to submit accurate and complete information when utilizing the Services, but BetterUnite has no obligation to verify the accuracy of information you submit.

Use Prohibitions

You cannot use the Services for competitive research, and you agree that neither your organization, nor any person accessing the Services by means of your organization’s account, will, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Services; modify, translate or create derivative works based on the Services; or rent, license, lease, distribute, assign or otherwise transfer rights to the Services. You must notify us of any change in your eligibility to use the Services.

You shall not use the services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of BetterUnite. You shall not use any bots, scrapers, spiders, crawlers, or similar technologies on any component of the Services. You shall not send or post commercial communications through the Services.

You cannot use the Services for illegal purposes, or for the transmission of content that is unlawful, defamatory, harassing, discriminatory, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, contains viruses or malicious code, is otherwise objectionable, or which infringes or may infringe intellectual property or other rights of us or anyone else or attempts to impersonate anyone else. 

User Accounts

To access certain components of the Services, you must sign up for a user account and provide us with certain required information. You agree to be solely responsible for providing us with true, accurate, current, and complete information and for maintaining the confidentiality of your username, password, account credentials, and other sensitive information. You are responsible for all activities that occur in your user account, and you agree to inform us immediately of any unauthorized use of your user account by email to [email protected].

Users

When you sign up for an account for your organization you may specify one or more users/administrators. The administrator(s) can configure the Services based on your requirements and manage end users in your organization account. You are responsible for (i) appointing authorized individuals as administrators, and (ii) ensuring that all activities that occur in connection with your organization account comply with the Terms. You understand that BetterUnite is not responsible for account administration and internal management of the Services for you. You are responsible for ensuring that your organization maintains control of the administrator accounts.

Confidentiality

You agree to keep business information and trade secrets of BetterUnite and any user account information confidential unless such information becomes known to the public generally without your fault and except to the extent that disclosure may be required by law, regulation, or legal process. We reserve the right to access, read, preserve, and disclose any information you submit through the Services to the extent necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including without limitation, investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to support requests; or (v) protect the rights, property or safety of us, our users, and the public.

Intellectual Property

All intellectual property rights in our Services remain with us or our licensors. We do not grant you any right to use any logo, trademark, or other of our intellectual property unless required for you to use the Services.

License of Data

Subject to these Terms, we grant you a worldwide, non-exclusive, non sub-licensable and non-transferable license to use (i.e., to download and display locally) the Services. Any unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance of the Services or any component thereof is strictly prohibited. You may copy information from the Services only as strictly necessary for your own use of the Services. Otherwise, no portion of the Services may be reproduced, duplicated, copied, sold, resold, licensed, rented, or otherwise exploited for any commercial purpose that is not expressly permitted by BetterUnite. The commercial use or public dissemination of any information and data gathered from BetterUnite is strictly prohibited, unless specifically authorized in writing. 

You retain ownership of the data you provide in connection with the Services, except that you grant BetterUnite a limited license to use any data you provide in connection with the Services to: (i) provide you with the Services; (ii) support and improve the Services; (iii) collate, aggregate, analyze, or combine such data in aggregate or summary form (“Aggregate Data”). All rights title and interest in Aggregate Data shall be owned exclusively by BetterUnite for BetterUnite’s unrestricted use. 

User Generated Content

You may transmit or publish content through the Services. You shall be solely responsible for such content and the consequences of its transmission or publication. If you make any copyrighted content available on the Services, you affirm that you have the authorization to make such content available. Further, by making any content available, you expressly agree that BetterUnite will have the right to block access to or remove such content for any or no reason in its sole discretion. If you believe that any content in our Services violates your copyright, please send us a notice of the copyright infringement to the address identified in the “Contact” section of these Terms. BetterUnite will review such notice and take those actions it deems appropriate in its sole and absolute discretion against validated infringers.

Privacy

Personal information you provide to BetterUnite through the Services is governed by the BetterUnite Privacy Policy. Your election to use the Services indicates your acceptance of the terms of the BetterUnite Privacy Policy.

Communications from BetterUnite

The Services may include certain communications from BetterUnite, such as service announcements, administrative messages and newsletters. You may opt out of receiving newsletters, but you cannot opt out of receiving service announcements and administrative messages.

Fees and Payments

The Services are available under subscription plans of various durations or as a free service, subject to variable and configurable transaction-based fees. Payments for subscription plans of a duration of less than a year can be made only by Credit Card or Direct Debit/ACH bank account withdrawal. Your subscription will be automatically renewed at the end of each subscription period, if available, or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card or Direct Debit/ACH bank account last used by you. If you do not wish to renew the subscription, you must inform us at least thirty (30) days prior to the renewal date. Prepayments are nonrefundable. From time to time, we may change the price of any Service. Any increase in charges will not apply until the expiration of your then-current billing cycle. Certain consulting services, support, or other assistance are not included in subscription fees, and will be billed at a separate rate. 

Third-Party Integration and Content

We may make available third-party products or services through hyperlinks or otherwise. Any use by you of such third-party products or services is solely between you and the applicable third-party provider. We do not warrant or support third-party applications, products, or services. If you install or enable a third-party application for use with any of our Services, you grant us permission to allow the provider of that application to access your data. We are not responsible for any disclosure, modification, or deletion of your data resulting from any third-party application. We or third parties may disable integrated applications at any time without prior notice to you.

Certain portions of the Services may contain unedited or third-party content. All third-party postings, messages, text, images, links, or other materials published or otherwise made available by third parties through the Services are the sole responsibility of those third parties. BetterUnite has no obligation to monitor, does not control and does not investigate or validate such third-party content, but always reserves the right to remove it. BetterUnite makes no representations or warranties regarding third-party content and is not responsible or liable in any manner for it.

Payment Processing: Stripe Express and PayPal

Immediate Fund Transfer

Upon processing a payment on any BetterUnite page, the funds are instantly transferred to your designated PayPal or Stripe Express account. BetterUnite does not retain any funds within its accounts; it acts solely as a facilitator. The processing of payments is exclusively handled by PayPal or Stripe Express, based on the linked account on the specific BetterUnite page.

Fund Management and Holds

Both PayPal and Stripe Express reserve the right to retain funds within their accounts to address potential disputes or refunds. The duration and conditions under which funds may be withheld are determined by PayPal and Stripe Express respectively, based on a variety of factors including risk assessment, organizational giving patterns, and other relevant criteria.

Merchant Account Onboarding and Compliance

The onboarding process for merchants to Stripe Express and PayPal, including any necessary approvals, is entirely managed by these payment processors. They may conduct additional verification checks as part of their approval process. Users are advised to consult the Terms & Conditions of PayPal and Stripe Express for detailed information on onboarding requirements and ongoing service usage.

Payment Processor Terms Agreement

By accepting these terms, users also agree to comply with the Terms of Use set forth by both Stripe and PayPal. It's important to note that based on giving patterns and other considerations, Stripe Express and/or PayPal have the discretion to modify or remove certain account capabilities.

Stripe Express Payment Disputes and Refunds

Dispute Fees

In instances of payment disputes, Stripe Express enforces specific dispute fees, which are subject to automatic deduction from your Stripe Express account. Currently, these fees are $15 USD per dispute, but this amount is subject to change at Stripe's discretion.

Refund Process

In the event of a refund, the payment processing fees will not be refunded. These fees will be returned to the donor or purchaser but will be deducted from the relevant Stripe or Stripe Express account. Should there be insufficient funds in the Stripe or Stripe Express account to cover these fees, Stripe retains the right to directly withdraw the required amount from the linked bank account to settle the payment.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. BETTERUNITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BETTERUNITE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM BETTERUNITE, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL BETTERUNITE OR ITS LICENSORS, SERVICE PROVIDERS, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, LOSS OF PROGRAMS, OR OTHER LOSSES, COSTS, OR DAMAGES SUFFERED OR INCURRED AS A RESULT OF THE USE OF OR INABILITY TO USE THE SERVICES, OR SUFFERED OR INCURRED AS A RESULT OF FAULTS, INTERRUPTIONS, OR DELAYS IN THE USE OF THE SERVICES OR ANY COMPONENT OF THE SERVICES, OR OUT OF ANY INACCURACIES, ERRORS, OR OMISSIONS IN THE CONTENT OF THE SERVICES, OR ANY OTHER INFORMATION IN THE SERVICES, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL BETTERUNITE BE LIABLE FOR ANY LOSSES OR DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE SERVICES WITHIN THE PAST 12 MONTHS.

Arbitration

Any controversy or claim arising out of or relating to the Terms or Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, or for any non-United States of America based organizations, the Association for International Arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in the State of Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, BetterUnite may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the Services or these Terms must be filed within one (1) year after such cause of action arises.

Modification to Terms

We may modify and/or change the Terms at any time and without prior notice to you. If BetterUnite modifies these Terms, it will post the updated Terms on online, email to you, or otherwise provide them to you in accordance with applicable law. By continuing to use the Services after BetterUnite has posted a modification of these Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to discontinue using the Services.

Suspension and Termination

We may suspend or terminate your account, and the associated use of all Services for cause including without limitation your breach or default of any obligation set forth in these Terms, the Privacy Policy, or any other agreement you have with us, or due to your breach of applicable law, without advance notice. In all other circumstances, either party may terminate within thirty (30) days of receipt of written notice of termination. Termination of the user account will include denial of access to all Services, deletion of information in your user account such as your email address and password, and deletion of all data in your user account, although we reserve the right to maintain archival data for the purposes set forth in these Terms. We reserve the right to discontinue fully or partially, at any time and from time to time, temporarily or permanently, any of the Services with or without notice to you. You agree that BetterUnite will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Services or of your account for any reason.

Severability

If any provision of these Terms, or the application thereof, is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the intended effect of the original provision and the remainder of these Terms will remain in full force.

Governing Law

These Terms shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.

Contact

If you have any questions or concerns regarding these Terms, you can contact us at:

Email: [email protected]

Phone: +1-512-806-0425

(what was)

BetterUnite (“Us” or “We”) provides the BetterUnite site and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “terms”), as well as any other written agreement between BetterUnite and you. When using the site’s services or materials, users shall be subject to any and all applicable rules in reference to such services or materials that may contain terms and conditions in addition to those in the terms. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

By using the site, you agree to be bound by these terms. Your redress for dissatisfaction with the site, or any products, services, content, or other information available through the site, is to stop using the site and/or those products, services, content or information. You agree with us regarding compliance with the terms effective immediately at the outset of your use of the site.

These terms are effective on August 12, 2016, and hereafter. BetterUnite expressly reserves the right to change these Terms of Use without notification. By using this site, you acknowledge and are in agreement that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any changes or modifications. Your continued use of this site after such modifications will constitute acknowledgement and agreement to the then modified terms and be bound by the altered Terms of Use.

As used in these terms, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents and all current and past users of this site.

Overview

Various services are available on this site including, but not limited to, online fundraising, transaction processing, contact relationship management software and among other services. You, the user, are responsible for providing, at your own expense, all equipment necessary to use the services, including, but not limited to, a computer, modem, and Internet access (including payment of all associated fees).

We solely reserve the right to modify or discontinue the site, including any of the site’s features, at any time without notice to you. We will not be liable to any party should we exercise such right.

Registration Data and Privacy

When you register with BetterUnite, you will be asked to select an account type (“personal”, “non-profit” or “business”). Each type of account may be used to raise funds, although you may only sign up for an account on behalf of an entity or organization if you have the legal authority to bind that entity or organization. You will be required to provide some information when you sign up, including an email address to receive any notices required by law, in lieu of communication by postal mail, along with other messages, including changes to features of the service.By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

You also grant us the right to disclose to third parties any and all Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these terms.

Site Conduct

Use of the site is subject to all applicable laws and regulations, and all users are solely responsible for the content and substance of their communications throughout the site. By using any communications service, chat room, message board, newsgroup, software that may be available to you on or through this site, and posting information therein, you agree that you will not upload, share, post, or otherwise distribute or facilitate the distribution of any content — including but not limited to text, communications, software, images, sounds, data, or other information — that:

a. is unlawful, threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of privacy, or contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);

b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

c. infringes on any patent, trademark, copyright, or other proprietary right of any party;

d. constitutes unauthorized or unsolicited advertising, junk or bulk emails or any other form of unauthorized solicitation, or any form of lottery or gambling;

e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

f. impersonates any person or entity, including any of our employees or representatives.

We do not endorse or assume any liability for the contents of any material created or submitted by third party users of the site. We do not and should not be expected to pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right and sole discretion to remove any content that, in our judgment, does not comply with these terms and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. You hereby consent to such removal and waive any claim against us arising out of such removal. See “Use of Materials” below for a description of the procedures that will be followed if any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, or other proprietary right of any party.

In addition, you may not use your account to breach the security of another account or to attempt to gain unauthorized access to another network or server. Not all areas of the site will be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our discretion, terminate your account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Third Party Sites and Pertinent Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.