Terms of Service

Acceptance of Terms

By accessing or using Donate By Email ("the Platform," "we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use the Platform.

Eligible Organizations

Permitted Users

The Platform may ONLY be used by:

• 501(c)(3) Non-Profit Organizations: Registered tax-exempt non-profit organizations
• Educational Institutions: K-12 schools, colleges, universities, and their affiliated programs
• School Athletic Programs: Athletic teams, booster clubs, and athletic departments affiliated with educational institutions
• School-Affiliated Organizations: PTAs, PTOs, band programs, and other school-affiliated groups

Prohibited Uses

Verification Requirements

We reserve the right to verify your organization's status at any time. You may be required to provide:

• IRS 501(c)(3) determination letter or equivalent documentation
• School district authorization or accreditation documentation
• Official school or organization email address
• Proof of affiliation with an educational institution

Email Responsibility and Anti-Spam Requirements

Email List Requirements

All email addresses must meet the following criteria:

• Permission-Based: You must have explicit or implied permission to contact each email address
• Valid Addresses: Email addresses must be current and valid
• Relationship Required: Donors must have a legitimate connection to your school or team (parents, family, friends, supporters)
• No Purchased Lists: Purchased, rented, or scraped email lists are strictly prohibited
• No Third-Party Lists: You may not use email lists obtained from other organizations without explicit permission from each recipient

Bounce and Complaint Thresholds

Your account will be subject to automatic review or suspension if:

• Hard Bounce Rate: Exceeds 5% of emails sent
• Spam Complaint Rate: Exceeds 0.1% (1 in 1,000) of emails sent
• Unsubscribe Rate: Exceeds 2% for a single campaign or 0.5% on average
• Engagement: Consistently low open rates (below 10%) may indicate poor list quality

Consequences of Poor Email Practices

CAN-SPAM Compliance

All users must comply with the CAN-SPAM Act and similar international anti-spam laws. This includes:

• Including accurate "From" information in all emails
• Using truthful subject lines that reflect email content
• Identifying messages as fundraising solicitations
• Including a valid physical address in all emails (automatically included by our Platform)
• Honoring unsubscribe requests immediately (automatically handled by our Platform)
• Monitoring email sending on your behalf (your responsibility to ensure compliance)

Account Registration and Security

• You must provide accurate and complete registration information
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access or security breach
• One organization may not share login credentials across multiple people without using proper user management

Payment Terms

Subscription Billing

• Subscription fees are billed monthly per active team
• Schools sign up for free—payment begins when you add your first team
• Fees are non-refundable except as required by law
• You may cancel at any time; billing stops when you archive all teams
• Price changes will be communicated 30 days in advance

Donation Processing

• All donations are processed directly through your Square or Stripe account
• We charge 0% additional platform fees on donations
• Square and Stripe charge standard payment processing fees (typically 2.9% + $0.30)
• Donations go directly to your organization's payment processor account
• You are responsible for tax reporting and compliance for all donations received

Acceptable Use Policy

You agree NOT to use the Platform to:

• Violate any local, state, national, or international law
• Send fraudulent, deceptive, or misleading communications
• Impersonate another person or organization
• Harass, abuse, or harm another person
• Distribute malware, viruses, or harmful code
• Attempt to gain unauthorized access to the Platform or other user accounts
• Interfere with or disrupt the Platform's servers or networks
• Use automated systems (bots, scripts) to access the Platform without permission
• Scrape or collect user data without permission
• Resell or redistribute access to the Platform

Intellectual Property

The Platform, including all software, designs, logos, and content, is owned by Donate By Email and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our explicit written permission.

Your Content

You retain ownership of all content you upload (athlete profiles, photos, messages, etc.). By uploading content, you grant us a license to use, store, and display that content solely for the purpose of operating the Platform and providing services to you.

Account Termination

Termination by You

You may terminate your account at any time by archiving all teams or contacting support. Upon termination, you will not be charged for any future billing periods.

Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms of Service
• You are not an eligible organization (non-profit or educational institution)
• You engage in prohibited uses (private fundraising, P2P, business fundraising, etc.)
• You violate email responsibility requirements or anti-spam policies
• You fail to pay subscription fees
• We detect fraudulent activity or security threats
• We are required to do so by law

Effect of Termination

Upon termination, your access to the Platform will cease immediately. We may retain certain data as required by law or for legitimate business purposes (unsubscribe lists, financial records, etc.). You may request a copy of your data within 30 days of termination.

Disclaimers and Limitations of Liability

No Warranties

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We do not guarantee that the Platform will be uninterrupted, error-free, or secure. We do not guarantee any specific fundraising results.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify and hold harmless Donate By Email from any claims, damages, or expenses (including legal fees) arising from:

• Your use of the Platform
• Your violation of these Terms of Service
• Your violation of any law or regulation
• Your violation of third-party rights (including privacy and intellectual property rights)
• Your email sending practices or spam complaints

Dispute Resolution

Any disputes arising from these Terms of Service or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to participate in class action lawsuits.

Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will notify you of material changes by email and update the "Last Updated" date. Continued use of the Platform after changes constitutes acceptance of the modified terms.

Governing Law

These Terms of Service are governed by the laws of the United States and the state in which our company is registered, without regard to conflict of law provisions.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Contact Information

For questions about these Terms of Service, please contact us at: