Terms of Use
These Website Terms of Use (these “Terms”) are a binding agreement between you and Donorlytics, Inc., a Delaware corporation (“Donorlytics,” “we,” “us,” or “our”). These Terms govern your access to and use of our public-facing websites, including https://www.donorlytics.com, and any pages, content, and functionality made available on or through them (collectively, the “Website”).
IMPORTANT: These Terms apply to the Website only. Use of Donorlytics’ subscription software platform and related services is governed by separate product terms, order documentation, or other agreements presented during sign-up, purchase, pilot enrollment, or otherwise in connection with the product (the “Product Terms”). If there is any conflict between these Terms and the Product Terms, the Product Terms control for the platform/services.
By accessing or using the Website, you agree to these Terms. If you do not agree, do not use the Website.
Section 1. Eligibility; Authority
You represent that you are at least eighteen (18) years old and have the legal capacity to enter into these Terms. If you are using the Website on behalf of an entity, you represent that you have authority to bind that entity to these Terms.
Section 2. Changes to the Website or These Terms
We may update the Website or these Terms from time to time. Updated Terms will be effective when posted on the Website. Your continued use of the Website after the effective date of revised Terms constitutes acceptance.
Section 3. Permitted Use; Prohibited Use
3.1 Permitted Use
You may use the Website only for lawful purposes and in accordance with these Terms.
3.2 Prohibited Use
You will not, and will not attempt to:
(a) violate any applicable law or regulation;
(b) interfere with, disrupt, damage, or impair the Website or its operation;
(c) access, tamper with, or use non-public areas of the Website, our systems, or our technical delivery systems;
(d) attempt to probe, scan, or test the vulnerability of any Donorlytics system or network or breach any security or authentication measures;
(e) use any robot, scraper, crawler, data-mining tool, or other automated means to access the Website except as permitted by standard browser behavior or with our prior written consent;
(f) reverse engineer, decompile, disassemble, or attempt to discover source code or underlying components of the Website (except to the limited extent prohibited by applicable law);
(g) introduce malware or other harmful code;
(h) impersonate any person or entity or misrepresent your affiliation; or
(i) use the Website to transmit, request, generate, or facilitate content or conduct that: (1) is illegal or promotes illegal activity; (2) exploits or harms minors (including any child sexual abuse material); (3) promotes or facilitates violence or self-harm; (4) is used to harass, threaten, defame, or unlawfully discriminate; or (5) is used to develop or distribute malware, spyware, or other harmful code.
We may suspend or restrict access to the Website at any time if we reasonably believe you have violated these Terms or that your use poses risk to Donorlytics or others.
Section 4. Accounts; Submissions
4.1 Accounts
Some Website features may require you to create an account (e.g., for gated content). You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You agree to notify us promptly of any unauthorized use or security incident involving your account.
4.2 Submissions
If you submit information through the Website (e.g., contact forms, demo requests, inquiries, feedback, or materials) (“Submissions”), you represent that you have the right to provide them. You grant Donorlytics a non-exclusive, worldwide, royalty-free license to use, reproduce, and process Submissions as reasonably necessary to respond to you, evaluate your request, improve the Website, and operate our business. Do not submit Sensitive Data through the Website.
Section 5. Privacy
Our collection and use of personal information through the Website is described in our Privacy Policy. Your use of the Website is subject to the Privacy Policy as it may be updated from time to time.
Section 6. Intellectual Property
The Website and all content and materials on the Website (including text, images, graphics, branding, trademarks, and underlying technology) are owned by Donorlytics or its licensors and are protected by intellectual property laws. Except as expressly permitted by these Terms, you may not copy, modify, distribute, sell, lease, or create derivative works from the Website or its content without our prior written consent.
Section 7. Third-Party Links and Services
The Website may include links to third-party websites or services. We do not control and are not responsible for third-party content, policies, or practices. Access to third-party sites is at your own risk.
Section 8. No Professional Advice
The Website may include general information about Donorlytics or related topics. Any information provided on the Website is for informational purposes only and does not constitute legal, financial, fundraising, accounting, or other professional advice.
Section 9. Disclaimers
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DONORLYTICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Section 10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DONORLYTICS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DONORLYTICS’ TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
Section 11. Indemnification
You agree to defend, indemnify, and hold harmless Donorlytics and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Website; (b) your Submissions; or (c) your violation of these Terms or applicable law.
Section 12. Copyright Complaints (DMCA)
If you believe content on the Website infringes your copyright, you may send a notice to: legal@donorlytics.com with (a) identification of the copyrighted work, (b) identification of the allegedly infringing material and its location, (c) your contact information, (d) a statement that you have a good-faith belief the use is unauthorized, and (e) a statement under penalty of perjury that the notice is accurate and you are the copyright owner or authorized to act on the owner’s behalf.
Section 13. Termination
We may suspend or terminate your access to the Website at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms or your use poses risk to Donorlytics or others. Sections that by their nature should survive will survive termination (including Sections 6, 9–11, 14–15).
Section 14. Governing Law; Dispute Resolution; Arbitration; Class Action Waiver
14.1 Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles.
14.2 Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Website will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Wilmington, Delaware, unless Donorlytics agrees otherwise in writing. Judgment on the award may be entered in any court of competent jurisdiction.
14.3 Injunctive Relief
Notwithstanding Section 14.2, Donorlytics may seek temporary, preliminary, or permanent injunctive or equitable relief in any court of competent jurisdiction to prevent unauthorized access to or misuse of the Website, or to protect Donorlytics’ intellectual property or Confidential Information.
14.4 Fees and Costs
Each party will bear its own attorneys’ fees and costs unless the arbitrator determines that a party is the prevailing party, in which case the arbitrator may award reasonable attorneys’ fees and costs to the prevailing party. The arbitrator may re-allocate the arbitrator’s fees and AAA administrative fees in the award. You will advance the AAA filing fee(s) unless the arbitrator determines otherwise.
14.5 Class Action Waiver
Disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
Section 15. Miscellaneous
15.1 Entire Agreement
These Terms and any policies referenced (including the Privacy Policy) constitute the entire agreement between you and Donorlytics regarding the Website and supersede prior or contemporaneous understandings relating to the Website.
15.2 Severability
If any provision is held unenforceable, the remainder will remain in effect and the provision will be reformed to the minimum extent necessary to make it enforceable.
15.3 Waiver
No waiver is effective unless in writing and signed by Donorlytics. A waiver of one breach is not a waiver of any other breach.
15.4 Assignment
You may not assign these Terms without Donorlytics’ prior written consent. Donorlytics may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
15.5 Electronic Communications
By using the Website or contacting us electronically, you consent to receive communications from us electronically.
Section 16. Contact
If you have questions about these Terms, contact:
Email: legal@donorlytics.com
