Terms of Service
Last updated: January 25, 2024
Welcome to Infaque. These Terms of Service (“Terms”) govern your access to and use of the Infaque donor management platform, including our website, applications, and related services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
If you do not agree to these Terms, you must not access or use the Service.
2. Description of Service
Infaque is a donor management platform designed for nonprofit organizations. The Service enables nonprofits to:
- Create and embed customizable donation forms on websites.
- Accept one-time and recurring donations through integrated payment processors (Stripe and PayPal).
- Manage donor relationships and track donation history.
- Send email campaigns to donors and supporters.
- Generate tax receipts and financial reports.
- Sell event tickets with integrated payment processing.
- Track fundraising campaign performance with analytics dashboards.
3. User Accounts & Responsibilities
To access certain features of the Service, you must create an account. You are responsible for:
- Providing accurate and complete registration information.
- Maintaining the confidentiality of your account credentials.
- All activities that occur under your account.
- Notifying us immediately of any unauthorized use of your account.
You agree not to use the Service for any unlawful purpose or in violation of any applicable local, provincial, national, or international law. You must not use the Service to collect donations for fraudulent purposes or misrepresent your organization's identity or mission.
4. Payment Processing
Infaque facilitates payment processing through third-party payment providers, including Stripe and PayPal. By using our payment features, you agree to the terms and conditions of these payment providers in addition to these Terms.
Infaque may charge a platform fee on donations processed through the Service. Fee structures are communicated during account setup and may be updated from time to time with prior notice. All fees are non-refundable except as required by applicable law.
Organizations are responsible for ensuring their use of the payment features complies with all applicable laws, including tax regulations and charitable solicitation requirements in their jurisdiction.
5. Intellectual Property
The Service, including all content, features, and functionality (including but not limited to software, text, graphics, logos, and design), is owned by Infaque and is protected by Canadian and international copyright, trademark, and other intellectual property laws.
You retain ownership of any content you submit to the Service, including organization logos, campaign descriptions, and donor communications. By submitting content, you grant Infaque a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content solely for the purpose of providing the Service.
6. Limitation of Liability
To the maximum extent permitted by applicable law, Infaque and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to your use of the Service.
Infaque's total liability for any claims arising under these Terms shall not exceed the amount you paid to Infaque in the twelve (12) months preceding the claim. The Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.
7. Termination
You may terminate your account at any time by contacting our support team. Infaque reserves the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to:
- Violation of these Terms or applicable laws.
- Fraudulent or illegal activity.
- Non-payment of applicable fees.
- Extended periods of account inactivity.
Upon termination, your right to use the Service will immediately cease. We will make your data available for export for a period of 30 days following termination, after which it may be permanently deleted.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising out of or related to these Terms or the Service shall be resolved in the courts located in Toronto, Ontario, Canada.
9. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the “Last updated” date above. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms.
If you do not agree to the updated Terms, you must stop using the Service and may request account termination.
10. Contact Us
If you have any questions about these Terms of Service, please contact us at:
Email: support@infaque.com