Terms of Service

1. Agreement to these terms

By creating an account, clicking “I agree,” or otherwise accessing or using the Service, you agree to these Terms on behalf of your organization and represent that you have authority to bind it. If you do not agree, do not access or use the Service. If you use the Service on behalf of an organization, “you” refers to that organization.

An order form, subscription selection, or written agreement signed by both parties may add to or modify these Terms; in the event of a conflict, the signed agreement controls for the matters it addresses.

2. Definitions

• “Authorized User” — an individual (staff, volunteer, board member, or committee member) you invite and permit to use the Service under your account.
• “Customer Data” — all data you or your Authorized Users submit to the Service, including donor records, contact details, giving history, notes, and files.
• “Donor Data” — the subset of Customer Data relating to identifiable individuals or organizations who are donors, prospects, or contacts.
• “Subscription” — your selected plan, seat count, and term as shown at checkout or on an order form.
• “Documentation” — the usage guides and policies we publish, including our Security overview and Privacy Policy.

3. The service

ThankFirst provides donor-development software, including a donor CRM and segmentation, a methodology engine (thank-you ratio, ask-timing rules, and ask-amount guidance), an import and Action Plan workflow, committees and volunteer management, campaigns and giving circles, and reporting dashboards.

We continuously improve the Service and may add, change, or remove features. We will not materially decrease the core functionality of a paid Subscription during its then-current term. We aim for high availability but do not warrant that the Service will be uninterrupted or error-free. Features labeled beta, preview, or early access are provided “as is,” may change or be withdrawn, and are excluded from any availability commitment.

4. Accounts, roles & responsibilities

You are responsible for maintaining the confidentiality of account credentials and for all activity under your account. Access within an organization is governed by least-privilege roles; you agree to assign roles appropriately, promptly deprovision users who no longer need access, and keep Donor Data confidential. You are responsible for your Authorized Users' compliance with these Terms.

You must provide accurate registration information, use the Service only for your organization's legitimate fundraising and stewardship purposes, and obtain any consents required to upload and process Donor Data. Notify us promptly at security@thankfirst.com of any unauthorized use of your account.

5. Customer data & ownership

As between the parties, your organization owns all Customer Data and retains all rights in it. You grant us a limited, non-exclusive, worldwide license to host, copy, process, transmit, and display Customer Data solely as necessary to provide, secure, and support the Service, to prevent or address technical or security issues, and as otherwise instructed by you.

We do not sell Customer Data, and we do not use Donor Data to train machine-learning models or for advertising. Our handling of personal data is described in our Privacy Policy, which forms part of these Terms. Where we act as a processor of personal data on your behalf, the parties will, on request, enter into a data processing addendum.

You may export your complete Customer Data at any time in a machine-readable format and may request deletion of your organization or individual records. We may retain aggregated, de-identified data that cannot reasonably be used to identify you or any individual for analytics and product improvement.

6. Acceptable use

You agree not to, and not to permit any Authorized User or third party to:

• upload unlawful, infringing, or malicious content, or content you lack the right to submit;
• attempt to breach tenant isolation, access another organization's data, or circumvent access controls or security;
• reverse-engineer, decompile, or attempt to derive source code, except to the extent this restriction is prohibited by law;
• resell, sublicense, or provide the Service to third parties as a service bureau without our consent;
• use the Service to send unsolicited communications in violation of applicable law (e.g., CAN-SPAM, CASL, GDPR/ePrivacy);
• probe, scan, or test the vulnerability of the Service except under a program or engagement we authorize in writing; or
• interfere with or disrupt the integrity or performance of the Service, or impose an unreasonable load on our infrastructure.

7. Fees, billing & trials

Paid Subscriptions are billed in advance, monthly or annually, through our payment processor (Stripe), based on the plan, seat count, and add-ons you select. Fees are stated on our Pricing page or your order form and are exclusive of taxes; you are responsible for applicable sales, use, VAT, or similar taxes. Except as required by law or expressly stated, fees are non-refundable and payments are non-cancelable for the period already paid.

If we offer a free trial, the Service converts to the selected paid plan at the end of the trial unless you cancel before it ends. Plan limits — donor records, staff seats, volunteer/committee seats, and feature availability — apply as described at checkout. If you exceed a limit, we will notify you; adding records or seats beyond the limit may be paused until you upgrade, and your existing data is not deleted.

8. Renewal & cancellation

Subscriptions renew automatically for successive periods equal to the prior term unless you cancel before the renewal date. You may cancel at any time from your billing settings or by contacting us; cancellation takes effect at the end of the current paid period, and access continues until then. We do not provide prorated refunds for partial periods except where required by law.

We may change pricing for future terms with at least 30 days' notice before your renewal; the new price applies on renewal unless you cancel first.

9. Suspension & termination

We may suspend or limit the Service if we reasonably believe there is a security risk, a violation of the acceptable-use section, non-payment after notice, or a legal requirement to do so — using the least disruptive measure reasonably available and, where practicable, giving you notice and an opportunity to cure. Either party may terminate for the other's material breach that remains uncured 30 days after written notice.

On termination or expiration, your right to use the Service ends. For a period of 30 days afterward, you may export your Customer Data; after that period we may delete it in the ordinary course, subject to legal-retention requirements and backup cycles.

10. Intellectual property

The Service, including its software, design, methodology, and Documentation, is owned by ThankFirst and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to access and use the Service during your Subscription for your internal fundraising and stewardship purposes. We reserve all rights not expressly granted. If you provide feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction.

11. Third-party services

The Service relies on third-party providers (including hosting, database, payment, and email providers) and may integrate with third-party products you choose to connect. Your use of a third-party product is governed by that provider's terms, and we are not responsible for third-party products. A current list of our subprocessors is available on request and summarized in our Privacy Policy.

12. Confidentiality

Each party may access non-public information of the other (“Confidential Information”), including Customer Data, pricing, and non-public product information. The receiving party will use Confidential Information only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to personnel and contractors who need it and are bound by comparable obligations. These obligations do not apply to information that is public through no fault of the receiving party, independently developed, or rightfully received from a third party, and do not prevent disclosure required by law (with notice where permitted).

13. Disclaimers & warranties

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. ThankFirst provides fundraising guidance and software tools; it does not provide legal, tax, accounting, or financial advice, and recommendations generated by the Service (including ask amounts and timing) are informational only. You are responsible for your fundraising decisions and for compliance with laws applicable to your organization.

14. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, arising out of or related to these Terms, even if advised of the possibility. Except for your payment obligations and each party's indemnification obligations, each party's total aggregate liability arising out of or related to these Terms will not exceed the fees you paid to ThankFirst for the Service in the twelve months preceding the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

15. Indemnification

You will defend and indemnify ThankFirst against third-party claims arising from your Customer Data, your use of the Service in violation of these Terms or applicable law, or your violation of a third party's rights. We will defend and indemnify you against third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes that third party's intellectual-property rights. The indemnifying party's obligations are conditioned on prompt notice, reasonable cooperation, and sole control of the defense and settlement (which may not impose non-monetary obligations without consent).

16. Governing law & disputes

These Terms are governed by the laws of the State of [Governing State], excluding its conflict-of-laws rules and the U.N. Convention on Contracts for the International Sale of Goods. The parties will attempt in good faith to resolve any dispute informally first. Any dispute not resolved will be subject to the exclusive jurisdiction of the state and federal courts located in [County, State], and each party consents to personal jurisdiction there. (Bracketed items and any arbitration or class-action-waiver provisions to be finalized by counsel.)

17. Changes to the service or terms

We may update these Terms from time to time. For material changes, we will provide reasonable notice (for example, by email or an in-product notice) before they take effect. Changes are not retroactive. Your continued use of the Service after the effective date of an update constitutes acceptance; if you do not agree, you may cancel before the change takes effect.

18. General

Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control. Assignment. You may not assign these Terms without our consent, except to a successor in a merger or sale of substantially all assets; we may assign to an affiliate or successor. Severability. If a provision is unenforceable, the rest remains in effect. No waiver. Failure to enforce a provision is not a waiver. Entire agreement. These Terms, together with the Privacy Policy, Security overview, and any order form, are the entire agreement between the parties regarding the Service and supersede prior understandings.

19. How to contact us

Questions about these Terms: legal@thankfirst.com. Security matters: security@thankfirst.com.