Last Updated: 2025-07-17

These Terms of Use (the "Agreement") are entered into and effective as of the date of your account registration with Pure Fundraising Solutions ("Effective Date"). This Agreement governs the relationship between Pure Fundraising Solutions, ("Pure Fundraising Solutions," "Pure," the "Company," "we," "our," or "us"), and you, the account holder, user, or licensee ("You" or "User") (collectively, the "Parties"), whether as an individual or as a representative of an entity. The Agreement also covers your use of our website ("Website") and our Software as a Service products ("Software"), which are designed to enable organizations to accept donations directly through their website, or through our website.

Please read the Agreement carefully before you start to use the Website. By using the Website, or by clicking to "accept" or "agree" to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by this Agreement and our Privacy Policy, incorporated herein by reference. You also acknowledge and warrant, if applicable, that you have the authority to enter into this agreement on behalf of, and bind, the entity for which you will be using the Software as a registered user.

If you do not want to agree to these Terms of Use, or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Grant of Rights

Software. Subject to the terms and conditions set forth herein, we hereby grant you a limited, worldwide, non-exclusive, fee-based, non-transferable (except as set forth under Section 11.6) right and license, under our Intellectual Property Rights, to (i) use, in the form in which such Software is delivered by Pure Fundraising Solutions only, and (ii) utilize such Software only for the purpose of receiving donations.

Limited Rights of Licensee. Your obtainment and/or use of the Software does not grant you any rights of ownership in the Software, as all rights granted are merely those of a licensee under the terms of this Agreement, with those rights granted only for such time as (i) you conform to the terms and conditions of this Agreement, and (ii) until the termination of this Agreement.

No Other Rights. Except for the limited rights expressly granted under this Agreement, neither this Agreement nor your exercise of rights granted convey any other rights or license to the Software, Confidential Information, Documentation, and Marks whether by implication, estoppel or otherwise, under any of Pure Fundraising Solutions’s Intellectual Property Rights. We retain all rights, title and interest in and to the Software, Confidential Information, Documentation and Marks, including without limitation, all worldwide right, title and interest in and to (i) all patents and all filed, pending applications for patents, including any reissue, reexamination, divisional, continuation or continuation-in-part patent applications now or hereafter filed ("Patent Rights"); (ii) all trade secrets, and all trade secret rights and equivalent rights arising; (iii) all works of authorship, including all registered and unregistered copyrights; and (iv) all proprietary indicia, trademarks, trade names, symbols, logos and/or brand names ("Marks"), in each case of (i) through (iv) as the same may arise or exist under common law, state law, federal law and laws of foreign countries (collectively "Intellectual Property Rights").

Payments

Transaction Fees. Customers pay a platform fee and optional add-on subscription fees to use the Website. Fees are laid out on the pricing page.

Taxes. The fees charged do not include any foreign, federal, state or local sales, use or other similar taxes, however designated, levied against the sale, licensing, delivery or use of the Software. You agree to pay, or reimburse, Pure for all such taxes imposed, provided, however, that you shall not be liable for any taxes based on Pure Fundraising Solutions’s net income. When Pure Fundraising Solutions has the legal obligation to collect such taxes, the appropriate amount shall be paid by you unless you provide Pure Fundraising Solutions with a valid tax exemption certificate authorized by the appropriate taxing authority. You agree to promptly notify us of any amendment or revocation of such certificate, and will hold Pure harmless from and against any taxes or other monies resulting from the failure to hold a certificate recognized as valid by the appropriate tax authority.

Your Additional Obligations

Performance Obligations. You shall not alter, re-label, or change the Software as provided by Pure Fundraising Solutions, and as may be amended at any time at our sole discretion, without our prior written consent.

Books and Records. You agree to keep and maintain accurate books and records as reasonably necessary for verification of transaction payments pursuant to this Agreement.

Terms and Conditions of Card Processor (Stripe). You agree at all times to conform to any and all terms and conditions, duties, and obligations arising out of, or pertinent to, your use of Stripe services through, or with respect to, our Software, which terms and conditions may be amended from time-to-time at the sole discretion of Stripe (for more information, visit Stripe Services Agreement).

Limited Warranty

Limited Warranty. Pure Fundraising Solutions agrees to provide Software which operates for the purpose of permitting you to accept donations through your website. Pure Fundraising Solutions shall have no obligation to provide warranty services if a defect is caused by a malfunction of non-Pure Fundraising Solutions hardware or software, or the failure to install and use any mandatory bug fixes or other software code provided free of charge by Pure Fundraising Solutions, provided the relevant defect is caused by or is not remedied by failure to install the same, by modification of the Software not made by Pure, or by operator error or by misuse of Software.

Disclaimer. EXCEPT AS MAY BE AGREED TO IN A SEPARATE WRITING BETWEEN THE PARTIES, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE LIMITED WARRANTY GRANTED ABOVE IS IN LIEU OF ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, WHETHER STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, AND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND ANY WARRANTIES ARISING OUT OF USAGE OR TRADE. THIS WARRANTY IS APPLICABLE SOLELY TO YOU AND NOT TO ANY DONOR OR ANY OTHER THIRD PARTY. NO WAIVER, ALTERATION, OR MODIFICATION OF THIS WARRANTY SHALL BE BINDING AGAINST PURE FUNDRAISING SOLUTIONS UNLESS IN WRITING AS A SEPARATE AMENDMENT HERETO AND SIGNED BY AN EXECUTIVE OFFICER OF PURE.

Licensee Warranty Limitations. You agree to indemnify, defend, and hold harmless Pure, its officers, agents, employees, and affiliates from any claim or liability arising out of or relating to any grant by you of any representation or warranty.

Terms and Termination

Terms. This Agreement shall continue in force during your use of the Software provided by Pure Fundraising Solutions as defined in this agreement. Either party may terminate this Agreement at any time. If you would like to terminate this Agreement, you must send a request to Pure Fundraising Solutions to close your account. Pure Fundraising Solutions may terminate this Agreement by closing your account, which will prevent the processing of future donations. Pure Fundraising Solutions may, at their sole discretion, suspend and/or place an account under review for possible violation of terms, related to the Pure Acceptable Usage Policy.

Termination for Insolvency. This Agreement shall terminate, without notice, (i) upon the institution by or against either Party of insolvency proceedings, which proceedings are not dismissed within ninety (90) days of their commencement, or (ii) upon either Party’s making an assignment for the benefit of creditors, or (iii) upon either Party’s dissolution.

Survival. The provisions of [Specify Sections that Survive] shall survive the termination of this Agreement for any reason.

No Liability for Termination. In the event of termination of this Agreement by either Party in accordance with any of the provisions of this Agreement, neither Party shall be liable to the other, because of such termination, for compensation, reimbursement, or damages on account of the loss of prospective profits or anticipated sales, or on account of expenditures, inventory, investments, leases, or commitments in connection with the business or goodwill of either Party. Termination shall not, however, relieve either Party of obligations incurred prior to the termination.

Discretion for Termination. We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof. Nothing herein shall be construed to create any duty to, or standard of care with reference to, or any obligation or liability to any person not a party to this Terms of Service. In particular, we disclaim any third-party beneficiary rights and interests which may arise out of, or pertain to, our reserved right herein.

Trademarks and Trade Names

Use. During the Term, you shall have the right to use Pure Fundraising Solutions’ Marks to advertise and identify that your website donation program is administered with the Software. You shall use such Marks in accordance with Pure Fundraising Solutions’ usage guidelines for the Software, and shall not modify or delete such Marks as set forth in the Software or in its user interface without the prior written consent of Pure Fundraising Solutions, in its sole discretion.

Ownership. Except for the limited rights provided for in this Section, nothing contained in this Agreement shall grant you any right, title, or interest in Pure Fundraising Solutions’ Marks. At no time during the Term shall you challenge or assist others in challenging Pure Fundraising Solutions’ rights in and to its Marks, or the registration thereof, or attempt to register any trademarks, trade names, or other proprietary indicia confusingly similar to such Marks. All uses of Pure Fundraising Solutions’ Marks will inure solely to Pure Fundraising Solutions, and you hereby irrevocably assign to Pure Fundraising Solutions all such right, title, and interest, if any, in any such Marks and agree to provide Pure Fundraising Solutions reasonable assistance in its registration of the Marks in those jurisdictions in which your activities will be carried out.

Patents and Copyright Indemnity

Limitation of Liability. Pure shall have no liability for any claim based upon: (i) the combination, operation, or use of the Software with equipment, devices, or software not supplied, approved, or specified by Pure, where such claim arises solely as a result of such combination; (ii) any alteration or modification of any product not performed by Pure Fundraising Solutions; (iii) the failure to install mandatory software updates and/or fixes or other software code provided free of charge to you and/or your donors, provided such claim would not have arisen but for such failure to install the same; (iv) misuse of the Software, including but not limited to, use not in accordance with the intended purpose of the Software.

Entire Liability. This section states the entire liability of Pure Fundraising Solutions, as well as your sole and exclusive remedy with respect to infringement or misappropriation of any intellectual property rights of a third party, and Pure Fundraising Solutions shall have no additional liability with respect to any alleged or proven infringement or misappropriation.

Notification of Unauthorized Use. You agree to promptly notify Pure Fundraising Solutions in writing upon your discovery of any unauthorized use or infringement of the Software, or Pure Fundraising Solutions’ Intellectual Property Rights with respect thereto. Pure Fundraising Solutions shall have the sole and exclusive right to bring an infringement action or proceeding against any infringing third party, and, in the event that Pure Fundraising Solutions brings such an action or proceeding, you shall cooperate and provide full information and assistance to Pure Fundraising Solutions (at Pure Fundraising Solutions’ expense) and its counsel in connection with any such action or proceeding.

Indemnification by Licensee

Subject to Pure Fundraising Solutions’ indemnification obligation pursuant to this Section, you shall defend, or at your sole option, settle, at your sole expense, any demand, claim, or action brought against Pure Fundraising Solutions to the extent that such demand, claim, or action is based on an allegation by a third party based on your actions or omissions with respect to this Agreement or your use of the Software, and you will indemnify Pure Fundraising Solutions from any costs, damages, and fees (including attorney’s fees) incurred by, settled for, or awarded against Pure Fundraising Solutions from such claim. You shall be relieved of the foregoing indemnification obligations to the extent Pure Fundraising Solutions fails to (i) notify you promptly in writing of any Claim, (ii) permit you to defend against, compromise, or settle such Claim or (iii) provide all available information and assistance (at your expense) reasonably necessary for you to defend against, compromise, or settle such claim. You shall not be liable for any costs, damages, or fees incurred by Pure Fundraising Solutions on such action or claim unless you have authorized this in writing in advance. You will not agree to a settlement that would adversely affect Pure Fundraising Solutions’ interests without Pure Fundraising Solutions’ express written consent.

Limitation of Liability

No Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY, ITS AFFILIATES, AGENTS, REPRESENTATIVES, EMPLOYEES, OR SUPPLIERS BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY (EXCEPT PURSUANT TO SECTIONS CONCERNING INDEMNIFICATION) UNDER ANY LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES (INCLUDING ANY AMOUNTS FOR LOSS OF PROFITS, SUBSTITUTE GOODS, LOSS OF DATA OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR TERMINATION HEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR WARRANTY PROVIDED HEREUNDER. THE FOREGOING LIMITATION SHALL NOT APPLY TO AMOUNTS FOR WHICH EITHER PARTY IS LIABLE TO THE OTHER PARTY UNDER SPECIFIED SECTIONS (INDEMNIFICATION), OR BASED ON YOU EXCEEDING THE SCOPE OF THE LICENSES GRANTED HEREUNDER.

Cap on Monetary Liability. EXCEPT AS OTHERWISE PROVIDED, IN NO EVENT WILL THE AGGREGATE LIABILITY OF PURE FUNDRAISING SOLUTIONS, ITS SERVICE PROVIDERS, AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO PURE FUNDRAISING SOLUTIONS. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

Apple App Store Additional Terms

This section applies specifically to users who access or download the Pure Fundraising Solutions mobile application (the “App”) through the Apple App Store. These terms supplement and are in addition to the rest of this Agreement.

Acknowledgment

You acknowledge and agree that this Agreement is solely between you and Pure Fundraising Solutions, not with Apple Inc. ("Apple"), and that Apple has no responsibility for the App or its content. All responsibilities, obligations, warranties, and claims related to the App rest solely with Pure Fundraising Solutions.

Scope of License

The license granted to you by Pure Fundraising Solutions for the App is a limited, non-exclusive, non-transferable license to use the App solely on any Apple-branded device that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions and the App Store Terms of Service, including those provisions related to Family Sharing.

Maintenance and Support

Pure Fundraising Solutions is solely responsible for providing maintenance and support services for the App as specified in this Agreement or required by applicable law. You acknowledge that Apple has no obligation to furnish any maintenance or support services in connection with the App.

Warranty

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to a warranty shall be the sole responsibility of Pure Fundraising Solutions.

Product Claims

You acknowledge that Pure Fundraising Solutions, not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to:

• Product liability claims
• Any claim that the App fails to conform to any applicable legal or regulatory requirement
• Claims arising under consumer protection or similar legislation

Intellectual Property Rights

In the event of any third-party claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, Pure Fundraising Solutions, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

Contact Information

Questions, complaints, or claims with respect to the App should be directed to:

Pure Fundraising Solutions

3444 Rue Durocher, Montreal, QC, Canada H2X 2C8
info@purefundraisingsolutions.com

Third-Party Terms of Agreement

You must comply with any applicable third-party terms of agreement when using the App. For example, if you use a cloud storage service or a social media integration, you must comply with their respective terms.

Third-Party Beneficiary

You agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

General Provisions

Compliance with Laws. During the term of this Agreement, each Party shall comply with all applicable laws, including but not limited to the Internal Revenue Code and the Delaware Code as shall from time to time govern nonprofit organizations and the receipt of donations to such organizations in Delaware and the United States of America.

Applicable Law. Notwithstanding anything in this Agreement to the contrary, the laws of the State of Delaware shall govern the performance and construction of this Agreement and the interpretation of the Parties’ rights and duties without reference to its conflict of laws principles. Any controversy arising out of or related to this Agreement may be submitted before any of the state or federal courts located in the County of Arlington, Virginia, to whose personal jurisdiction and venue each Party hereby irrevocably submits.

Entire Agreement. This Agreement sets forth the entire agreement and understanding of the Parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, shall be effective unless in writing signed by both Parties.

Notices. Any notice required or permitted to be given under this Agreement shall be deemed given when delivered (i) by hand, (ii) by registered or certified mail, postage prepaid, return receipt requested, to the address of the other Party first set forth above, or to such other address as a Party may designate by written notice to the other Party no less than thirty (30) days prior to change of such address, (iii) by overnight courier, or (iv) by fax with confirming letter mailed under the conditions described in (ii) above.

Force Majeure. Except for the obligation to make payments, non-performance of either Party shall be excused to the extent the performance is rendered impossible by strike, fire, flood, terrorism, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of, and is not caused by, the negligence of the non-performing Party.

Non-assignability and Binding Effect. You may not assign this Agreement to any third party without the prior written consent of Pure Fundraising Solutions, and any attempt to do so in violation of the foregoing shall be deemed null, void and of no effect; provided that you shall be free to assign this Agreement in whole to any successor in interest to all or substantially all the assets or business pertaining to the subject matter hereof whether by merger, acquisition, consolidation, or otherwise. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their permitted successors and assigns.

Legal Expenses. The prevailing Party in any legal action brought by one Party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys’ fees.

Specific Performance; Injunctive Relief. Your breach of any obligation under this Agreement or regarding the use, duplication, modification, transfer or confidentiality of any Confidential Information, documentation or otherwise shall entitle Pure to injunctive, specific performance or other equitable relief, all without need of bond or undertaking of any nature. Licensee hereby specifically acknowledges that Pure Fundraising Solutions’ remedies at law under such circumstances would be inadequate.

Authorizations. During the term of this Agreement, you shall, at your own expense, make, obtain, and maintain in force at all times during the Term of this Agreement, all filings, registrations, reports, licenses, permits, and authorizations from any private or governmental agency which are necessary for you to exercise your rights and perform your obligations hereunder. Pure Fundraising Solutions shall provide you, at your expense, with such assistance as you may reasonably request in making or obtaining any such Authorizations. In the event that the issuance of any Authorization is conditioned upon an amendment or modification to this Agreement which is unacceptable to Pure Fundraising Solutions, Pure shall have the right to terminate this Agreement immediately effective without notice and without liability or further obligation whatsoever to you.

Independent Contractors. The relationship between the Parties, established by this Agreement, is that of independent contractors, and nothing contained in this Agreement shall be construed to (i) give either Party the power to direct and control the day-to-day activities of the other, (ii) constitute the Parties as partners, joint-venturers, co-owners or otherwise as participants in a joint or common undertaking, or (iii) allow you to create or assume any obligation on behalf of Pure for any purpose whatsoever.

Approvals and Enforceability. You hereby represent and warrant that no Authorization or other consent, approval, or authorization of or designation, declaration or filing with any governmental authority is required in connection with the valid execution, delivery, and performance of this Agreement. Additionally, you further represent that you have the legal authority to bind the corporation or entity on whose behalf you are obtaining the Software.

Severability. If any term, condition, or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, the Parties shall endeavor in good faith to agree to such amendments that will preserve, as far as possible, the intentions expressed in this Agreement. If the parties fail to agree on such an amendment, such invalid term, condition or provision (or portion thereof) will be severed from the remaining terms, conditions, and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.

Changes to These Terms. Pure Fundraising Solutions may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Should you not agree to the changes, your sole recourse is to immediately discontinue the use of the Website and Software.