End User License Agreement

This End User License Agreement (the “Agreement”) is a binding contract between Freedom Family Holdings LLC, d/b/a SmartOrg, a Missouri limited liability company, which operates the Evolor platform (“Evolor,” “SmartOrg,” “we,” “us,” “our”), and the organization that registers for or uses the platform (“Customer,” “you,” “your”).

You accept this Agreement by creating an account, clicking to accept, or accessing or using the platform. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization. If you do not have that authority, or you do not agree, do not use the platform.

If you have signed a separate written agreement with us that covers the same subject matter, that agreement controls to the extent it conflicts with this one.

• Platform means the Evolor software-as-a-service application, including its web application, APIs, embeddable widgets, background jobs, and documentation.
• Module means a separately licensed area of functionality, such as Events, Stories + Send, Echo, or Field Reports.
• Authorized User means an individual you permit to use the platform under your account, such as a staff member, board member, contractor, or volunteer.
• Customer Data means all data you or your Authorized Users submit to the platform, or that the platform collects on your behalf, including donor and supporter records, gift and transaction records, communications, media, and accounting records.
• Supporter means a donor, participant, or other individual whose information you maintain in the platform.

Subject to your compliance with this Agreement and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the platform during your subscription term, solely for your own internal operations and charitable or business purposes.

The platform is licensed, not sold. We reserve all rights not expressly granted here. Your license covers only the Modules and seat tiers you have subscribed to or that are included in your plan.

• You are responsible for the accuracy of your registration information and for keeping it current.
• You are responsible for all activity under your account, including that of your Authorized Users, and for maintaining the confidentiality of credentials.
• Credentials are personal to each Authorized User and may not be shared. Seat-limited plans may not be circumvented by sharing a single login.
• You must promptly remove Authorized Users who no longer need access, and notify us of any suspected unauthorized access to your account.
• We offer multi-factor authentication. You are responsible for deciding whether to require it for your team.

You will not, and will not permit anyone else to:

• copy, modify, translate, or create derivative works of the platform, or reverse engineer, decompile, or disassemble any part of it, except where that restriction is prohibited by law;
• rent, lease, resell, sublicense, time-share, or otherwise make the platform available to any third party outside your organization, or operate it as a service bureau;
• scrape, crawl, or use automated means to extract data other than through features and APIs we provide, or circumvent rate limits, quotas, seat limits, or access controls;
• upload or transmit malware, or interfere with or disrupt the integrity, security, or performance of the platform or its underlying infrastructure;
• use the platform to store or transmit material that is unlawful, defamatory, infringing, or that violates the privacy or publicity rights of others;
• upload payment card numbers, Social Security numbers, government identification numbers, protected health information subject to HIPAA, or other categories of sensitive data the platform is not designed to hold;
• use the platform in violation of applicable law, including laws governing charitable solicitation, fundraising registration, tax receipting, sanctions, and data protection;
• use the platform to benchmark against, or to build, a competing product.

We may suspend access, in whole or in part, if we reasonably believe your use threatens the security, integrity, or availability of the platform or violates this section. Where practical we will notify you first and limit the suspension to what is necessary.

Modules that send email or text messages are powerful, and the legal responsibility for what you send is yours. You are the sender of record. You represent that you have the consent required to contact each recipient, and that your messages comply with applicable law, including the CAN-SPAM Act, the Telephone Consumer Protection Act, and carrier requirements for application-to-person messaging.

• You will honor opt-out requests promptly, including unsubscribe links in email and STOP replies in SMS, and you will not re-add a contact who has opted out without new consent.
• You will not use the platform to send unsolicited bulk messages, or to send to purchased, rented, or scraped contact lists.
• You are responsible for message and carrier fees passed through by our delivery providers, and for the accuracy of sender identity and physical address disclosures.

We may throttle, pause, or disable sending on your account if deliverability, complaint, or abuse signals put our shared sending infrastructure at risk.

You grant us a limited license to host, process, transmit, display, and back up Customer Data solely to provide and support the platform, to prevent abuse, and to comply with law. We act as a processor on your behalf for supporter information. You are the controller of that information and are responsible for the lawfulness of collecting it and for the notices and consents you give your supporters.

We may generate aggregated, de-identified statistics about platform usage that do not identify you, your supporters, or any individual, and may use those to operate, secure, and improve the platform.

Our handling of personal information is described in our Privacy Policy, which is incorporated into this Agreement by reference.

The platform connects to third-party services at your direction, including Intuit QuickBooks Online for accounting, Stripe for payments, Google for email, calendar, and file access, and Zoom for meeting recordings. Enabling an integration authorizes us to exchange the relevant data with that service on your behalf.

• Your use of each third-party service is governed by your agreement with that provider, not by this Agreement. For QuickBooks Online, that includes the Intuit Terms of Service and Intuit’s privacy statement.
• You are responsible for maintaining your own account and license in good standing with each provider, and for the accuracy of the mappings you configure, such as which income and expense accounts gifts are booked to.
• We are not responsible for third-party services, their availability, or changes they make to their APIs. A provider may change, deprecate, or revoke access at any time, which may disable an integration.
• You may disconnect any integration at any time from your settings. Disconnecting revokes our stored access tokens for that service.

Records we write into a connected accounting system remain in that system after disconnection. Reconciling or removing them there is your responsibility.

Parts of the platform use artificial intelligence to summarize interactions, transcribe audio you submit, draft communications, and surface suggestions. To produce those outputs, relevant Customer Data is sent to our AI providers listed in the Privacy Policy.

• We use these providers under commercial terms that prohibit training their models on our customers’ data.
• AI output can be wrong, incomplete, or misleading. It is a draft, not advice. A human on your team must review AI-assisted content before it is sent, published, filed, or relied upon, and you are responsible for what you send.
• AI features must not be used to make decisions about an individual that produce legal or similarly significant effects without meaningful human review.
• Usage of AI features may be subject to fair-use caps disclosed in the platform.

• Subscription fees are those shown on our pricing page or in your order at the time of purchase, and are billed in advance on the cadence you select.
• Free trials run for the period stated at signup. Unless you cancel before the trial ends, the subscription converts to paid at the then-current rate.
• Plans that include the platform in exchange for a percentage fee on donations apply that fee to gifts processed through the platform, at the rate disclosed at the time of purchase. The fee is separate from, and in addition to, fees charged by the payment processor.
• Fees are exclusive of taxes. You are responsible for any sales, use, or similar taxes, other than taxes on our income.
• Except where required by law, fees are non-refundable and there are no refunds for partial periods or unused capacity.
• We may change pricing with at least thirty (30) days’ notice before it takes effect for your next renewal term.
• If payment fails or an invoice is past due, we may downgrade, suspend, or disable Modules after reasonable notice.

Donations and subscription payments are processed by Stripe, Inc. Where you accept donations through the platform, funds settle to your own connected Stripe account, and your relationship with Stripe is governed by the Stripe Connected Account Agreement. You are responsible for satisfying Stripe’s onboarding, identity verification, and underwriting requirements.

We never receive or store full payment card numbers. Card details are entered directly into the processor’s secure fields. We retain only transaction records such as amount, date, status, and a processor reference.

Chargebacks, refunds, and disputes on donations you accept are between you, your supporter, and the processor. You are responsible for issuing tax receipts and acknowledgments that meet your jurisdiction’s requirements.

We and our licensors own all right, title, and interest in the platform, including its software, design, trademarks, and documentation, and all improvements to it. The names Evolor and SmartOrg, and our logos, may not be used without our prior written permission, except to accurately identify that you use the platform.

If you send us feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without obligation or attribution. Feedback is given voluntarily and is not your confidential information.

Each party may receive information of the other that is marked confidential or that a reasonable person would understand to be confidential. Customer Data is your confidential information. The platform’s non-public features, security documentation, and pricing not publicly posted are ours.

The receiving party will protect that information with at least reasonable care, use it only to perform under this Agreement, and disclose it only to personnel and contractors who need it and are bound by similar obligations. This does not cover information that is public through no fault of the receiving party, was already known to it, or is independently developed. A party may disclose confidential information if legally compelled, after giving notice where lawful.

We aim to keep the platform available and to support it during normal business hours, but we do not commit to a specific uptime level unless we have agreed to one in writing. Maintenance, third-party outages, and emergency security work can interrupt service.

We improve the platform continuously and may add, change, or remove features. We will not make a change that materially reduces the core functionality of a Module you are paying for during your paid term without giving you notice and, if you object, a prorated refund of prepaid fees for that Module.

This Agreement begins when you first accept it and continues while you have an active account. Subscriptions renew automatically for successive terms unless cancelled before the renewal date.

• You may cancel at any time from your account settings. Cancellation takes effect at the end of the current paid term.
• Either party may terminate for material breach if the breach is not cured within thirty (30) days of written notice. We may terminate immediately for a breach of the acceptable use section or for non-payment beyond the notice period.
• On termination, your license ends and Authorized Users lose access. You may export Customer Data using the platform’s export features at any time before termination and for thirty (30) days after, unless we terminated for abuse or unlawful use.
• After that export window, we will delete or de-identify Customer Data on the schedule described in the Privacy Policy, except where retention is required by law or for routine backups that expire on their normal cycle.

Sections covering Customer Data ownership, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law survive termination.

Except as expressly stated in this Agreement, the platform is provided “as is” and “as available,” without warranty of any kind. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the platform will be uninterrupted, error-free, or secure against every threat, that AI output will be accurate, or that results such as fundraising outcomes will be achieved. Evolor is not a provider of legal, tax, accounting, or financial advice, and nothing in the platform is such advice. You are responsible for confirming that your receipts, filings, and accounting entries are correct.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost donations, lost goodwill, or loss of data, even if advised of the possibility.

Our total aggregate liability arising out of or relating to this Agreement will not exceed the greater of (a) the fees you paid us in the twelve (12) months before the event giving rise to the claim, or (b) one hundred United States dollars ($100). These limits do not apply to your payment obligations, to either party’s breach of confidentiality, or to liability that cannot be limited by law.

You will defend, indemnify, and hold us harmless from third-party claims, damages, and reasonable costs arising from your Customer Data, your use of the platform in breach of this Agreement or applicable law, your email and SMS sending, your tax receipting and charitable solicitation practices, or your configuration of a connected accounting or payment system.

We will defend you against third-party claims alleging that the platform, used as permitted, infringes a United States intellectual property right, and will pay amounts finally awarded, provided you notify us promptly, give us control of the defense, and cooperate reasonably.

This Agreement is governed by the laws of the State of Missouri, without regard to its conflict-of-laws rules. The exclusive venue for any dispute is the state or federal courts serving Belton, Missouri, and each party consents to personal jurisdiction there.

Before filing, the parties will attempt in good faith to resolve the dispute by raising it in writing and conferring for thirty (30) days. Either party may seek injunctive relief for misuse of intellectual property or confidential information at any time.

You will comply with United States export control and economic sanctions laws, and you represent that you are not located in an embargoed jurisdiction and are not on a restricted-party list. The platform is commercial computer software, and any use by a United States government entity is subject to the restricted rights customary for commercial items.

• Changes. We may update this Agreement. For material changes we will give at least thirty (30) days’ notice by email or in-product notice before they take effect. Continuing to use the platform after that means you accept the update. If you do not accept, your remedy is to cancel before it takes effect.
• Assignment. Neither party may assign this Agreement without the other’s consent, except to a successor in a merger, reorganization, or sale of substantially all assets, on notice.
• Independent parties. The parties are independent contractors. Nothing here creates a partnership, agency, joint venture, or employment relationship.
• Notices. Notices to you go to the email on your account. Notices to us go to help@evolor.one.
• Severability and waiver. If a provision is unenforceable, it is modified to the minimum extent necessary and the rest stays in force. A failure to enforce is not a waiver.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
• Entire agreement. This Agreement and the Privacy Policy are the entire agreement between the parties on this subject and supersede prior discussions.

Questions about this Agreement can go to help@evolor.one.

Freedom Family Holdings LLC, d/b/a SmartOrg