Terms and Conditions

These Terms and Conditions (the “Terms”) are a binding agreement 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 you.

You accept these Terms by visiting our website, creating an account, making a donation through a page we host, opening a donor portal link, submitting an embedded form, or otherwise using the services described here. If you do not agree, please stop using them.

We publish three documents, and they cover different things. Reading the right one saves time.

• End User License Agreement is the subscription contract with an organization that licenses Evolor. It covers the license grant, seats and Modules, fees, service commitments, and termination.
• These Terms cover general use of the website and the public-facing surfaces we host, by anyone, whether or not they are a paying customer.
• Privacy Policy explains what personal information we collect, how we use it, who processes it, and how to exercise your rights.

• Visitors. Anyone browsing our marketing website, documentation, or pricing pages.
• Authorized Users. Staff, board members, contractors, and volunteers who sign in to an organization’s Evolor account.
• Supporters. Donors, participants, event registrants, and other individuals who interact with a page we host for an organization, such as a donation form, an event registration, a donor portal, or an opt-in form embedded on that organization’s own website.

Where a section below applies to only one of these groups, it says so.

You must be at least 18 years old, or the age of majority where you live, to create an account, make a donation, or agree to these Terms. The services are not directed to children, and we do not knowingly collect personal information from children under 13.

An organization may collect information about minors in its own records, for example program participants. When it does, the organization is responsible for obtaining any parental consent the law requires. See the Privacy Policy for how we handle that data as a processor.

• Give accurate registration information and keep it current.
• Keep your password, magic links, and portal links confidential. A donor portal link is a credential: anyone holding it can see that donor’s giving history, so do not forward it.
• You are responsible for activity under your account or credentials, including activity by anyone you share them with.
• Tell us promptly at help@evolor.one if you believe an account or link has been compromised.

You agree not to do any of the following:

• Use the services unlawfully, or to solicit funds you are not authorized to solicit, or to misrepresent the charitable purpose for which funds are raised.
• Access another organization’s or supporter’s data, attempt to defeat tenant isolation, or use credentials you were not given.
• Probe, scan, or test the vulnerability of the platform, or circumvent authentication, rate limits, or security controls, without our written permission.
• Scrape, crawl, or bulk-extract data except through features we provide for that purpose, or use automated means to place load on the platform beyond normal use.
• Upload malware, or content that is unlawful, infringing, defamatory, or that depicts or exploits a person without the consent required by law.
• Test payment processing with stolen or unauthorized payment instruments, or use donation forms for card testing, money laundering, or transaction laundering on behalf of another party.
• Reverse engineer, decompile, or copy the platform, or resell or provide access to it as a service to a third party, except as the License Agreement permits.
• Remove or obscure proprietary notices, or use our name, logo, or brand in a way that implies endorsement without permission.

We may investigate suspected violations and cooperate with law enforcement where legally required.

• Processing. Card and bank payments are processed by Stripe, Inc. We do not receive or store full card numbers. Your payment is also subject to Stripe’s terms.
• Authorization. By submitting a donation you authorize the charge shown at checkout. For a recurring gift, you authorize charges on the stated schedule until you cancel.
• Cancelling a recurring gift. You may cancel from your donor portal or by contacting the organization. Cancellation applies to future charges, not to charges already processed.
• Refunds and disputes. Refund decisions belong to the receiving organization. Direct refund requests to that organization. We can assist an organization operationally but we do not decide whether a donation is refunded.
• Deductibility. Whether a gift is tax deductible depends on the receiving organization’s status and your circumstances. We make no representation about deductibility.
• Errors. If a charge appears incorrect, contact the organization or us promptly so it can be reviewed.

Subscription fees paid by organizations for the platform itself are governed by the License Agreement, not this section.

An organization using Evolor controls what appears on its donation pages, event registrations, portals, and impact pages, and controls the supporter records held in its account. We host and operate the software on that organization’s instructions.

• Requests to correct or delete a supporter record, change communication preferences, or ask what an organization holds should go to that organization first. We will refer such requests to it.
• Content on a hosted page, including stories, photos, impact figures, and appeals, is the organization’s content. We do not verify it and are not responsible for it.
• Published impact figures and reports reflect what an organization entered or configured. Treat them as that organization’s reporting, not as independently audited numbers.

If you consent to email or text messages from an organization using Evolor, the following applies.

• Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
• Reply STOP to any text to stop receiving texts, or HELP for help. You may unsubscribe from email using the link in any message, or through your donor portal.
• Consent to receive messages is never a condition of making a donation.

If you are an organization sending through Evolor, you are the sender of record. You are responsible for having lawful consent for every address and number you send to, for honoring opt-outs promptly, and for complying with CAN-SPAM, the TCPA, carrier requirements, and any equivalent law where your recipients are. We may suspend sending that generates abuse complaints, spam-trap hits, or carrier violations that put shared sending infrastructure at risk.

We provide scripts and iframes, such as opt-in forms and impact tickers, that an organization can embed on its own website. If you embed one:

• Do not modify, wrap, or proxy the embed in a way that hides its origin or alters what it discloses to the person filling it out.
• Only place embeds on domains you control, and keep your own site’s privacy notice accurate about what the embed collects.
• Embeds load from our infrastructure and may change as we update them. We aim to keep them backward compatible but do not guarantee a frozen version.

Evolor can connect to services such as Stripe, Intuit QuickBooks Online, Google, and Zoom. Connecting one authorizes us to exchange data with it on your behalf, within the scopes you approve.

• Your use of a connected service is governed by your agreement with that provider. We are not responsible for its availability, accuracy, pricing, or acts.
• You are responsible for having authority to connect the account, and for the accuracy of what is written into it, including accounting entries.
• You may disconnect at any time under Settings, then Integrations. Disconnecting stops future exchange but does not retract records already written into that service.
• A provider may change or withdraw its API, which can change or end a feature. We will give notice where we reasonably can.

The Privacy Policy describes what each integration reads and writes.

If an Authorized User connects a Google account, Evolor’s use of information received from Google APIs adheres to the Google API Services User Data Policy, including its Limited Use requirements.

• We use Google data only to provide and improve the features the connecting user requested, such as surfacing donor correspondence and meetings on the donor record.
• We do not transfer Google data to others except as needed to provide those features, for security purposes, or to comply with applicable law.
• We do not use Google data for advertising, and we do not sell it.
• We do not allow humans to read Google data unless we have the connecting user’s affirmative consent for specific messages, it is necessary for security or to comply with applicable law, or the data has been aggregated and de-identified.
• A connection can be revoked at any time from Settings, then Integrations, or from the user’s Google account permissions page.

Parts of the platform use AI to draft messages, summarize correspondence, and suggest next actions. AI output can be wrong, incomplete, or misleading, and it may misread tone or context.

• Review AI output before sending it to a supporter, publishing it, or relying on it for a decision. You remain responsible for anything you send.
• Do not treat AI suggestions as legal, tax, accounting, or fundraising-compliance advice.
• We do not use Customer Data to train publicly available foundation models. See the Privacy Policy for how AI processing is handled and by whom.

You keep ownership of the content you submit, including supporter records, stories, photos, and files. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and process that content solely to operate and support the platform for you, and to make backups. That license ends when the content is deleted, except for backups that expire on their normal cycle.

You represent that you have the rights and consents needed for the content you submit, including consent from any person depicted in a photo or named in a story you publish.

If you send us feedback or suggestions, we may use them without obligation or compensation to you.

The platform, the website, and their software, design, text, graphics, and documentation are owned by SmartOrg or its licensors and are protected by intellectual property law. “Evolor,” “SmartOrg,” our logos, and our Module names are our trademarks.

Nothing here transfers ownership to you. You may use our name and logo factually to state that you use Evolor. Any other use requires our written permission.

If you believe content hosted on the platform infringes your copyright, send a notice to help@evolor.one with the subject line “Copyright notice.” Include identification of the work, the URL of the material, your contact information, a statement that you have a good-faith belief the use is unauthorized, a statement that the information is accurate, and your signature.

We will review the notice, forward it to the organization that posted the material where appropriate, and remove or disable access to material we determine to be infringing. We may terminate accounts of repeat infringers.

The website and hosted pages may link to sites we do not operate. We do not endorse them and are not responsible for their content, security, or practices. Review their terms and privacy notices before using them.

Nothing on the website or in the platform is legal, tax, accounting, financial, or fundraising-compliance advice. Charitable solicitation registration, receipting thresholds, gift substantiation, and accounting treatment vary by jurisdiction and by situation. Confirm your own requirements with a qualified professional.

We aim to keep the services available, but we do not commit to a specific uptime level here. Maintenance, third-party outages, and emergency security work can interrupt service. Organizations with a written service commitment should look to the License Agreement or their signed agreement.

We may add, change, or remove features on the website and in the platform. Where a change would materially reduce functionality an organization is paying for, the notice and refund terms in the License Agreement apply.

We may suspend or terminate access, with or without notice, if you breach these Terms, if your use creates a security, legal, or payment risk, or if we are required to do so by law or by a provider we depend on. Where the situation allows, we will give notice and an opportunity to fix the problem first.

Termination of an organization’s subscription is governed by the License Agreement, including its data export window. Sections of these Terms covering intellectual property, your content license, disclaimers, limitation of liability, indemnification, and governing law survive termination.

Except as expressly stated in a written agreement with us, the website and the services are 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 services will be uninterrupted, error-free, or secure against every threat, that AI output will be accurate, that a message will be delivered, or that any fundraising result will be achieved.

To the maximum extent permitted by law, we are not 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 these Terms 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). If you are a supporter who has not paid us any fee, our aggregate liability to you will not exceed one hundred United States dollars ($100). These limits do not apply 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 content, your use of the services in breach of these Terms or applicable law, your email and SMS sending, your solicitation and receipting practices, or your configuration of a connected accounting, messaging, or payment system.

These Terms are 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. Nothing here limits a right you may have to bring a claim in a small-claims court, or a right that cannot be waived under the law where you live.

We may update these Terms. We will change the “Last updated” date above, and for material changes affecting organizations we will give at least thirty (30) days’ notice by email or in-product notice before they take effect. Continuing to use the services after a change takes effect means you accept it.

• Assignment. You may not assign these Terms without our consent. We may assign them to a successor in a merger, reorganization, or sale of substantially all assets, on notice.
• Independent parties. Nothing here creates a partnership, agency, joint venture, or employment relationship.
• Notices. Notices to you go to the email associated with your account or donation. 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. These Terms, together with the Privacy Policy and, where applicable, the License Agreement, are the entire agreement between us on this subject and supersede prior discussions.

Questions about these Terms can go to help@evolor.one.

Freedom Family Holdings LLC, d/b/a SmartOrg