Our comprehensive terms of service, service level agreement, and legal guidelines for using the Kindly platform.
Last updated: June 10, 2026
The short version (not the legal part). Kindly is software we host and you use to run your nonprofit. You own what you put into it; we own the software itself. Pay your bill, don't abuse the service, and we'll keep it running. If something goes wrong, our liability is capped (see Section 12), and most disputes are resolved through individual arbitration (see Section 16). This summary is here to help you read faster — it isn't binding. The numbered sections below are the actual agreement.
These Terms of Service ("Terms") are a contract between you and Startabout LLC, the company behind Kindly ("we," "us," or "our"). They govern your use of Kindly and the website at bekindly.app (together, the "Service").
By creating an account, clicking "I agree," or using the Service, you accept these Terms. If you don't agree, don't use the Service.
To use the Service, you must:
If you're agreeing on behalf of a nonprofit or other organization, you confirm you have the authority to bind it, and "you" means that organization.
You're responsible for everything that happens under your account, including activity by anyone you invite. Keep your password and credentials secure, and tell us promptly at support@bekindly.app if you think your account has been compromised. We're not liable for losses caused by someone using your credentials with or without your knowledge.
If your account is for an organization, an administrator may manage settings, add or remove members, and access content in the account. Within an organization, the organization — not individual users — controls the account.
We keep the rules simple. Here's what you can and can't do.
You can:
You can't:
If you break these rules, we may suspend or terminate your access — see Section 7. If you're unsure whether something is allowed, just ask us at support@bekindly.app.
You own your content. Anything you upload, create, or store in the Service ("Your Content") stays yours. We don't claim ownership of it.
To run the Service for you, you give us a limited, non-exclusive, worldwide license to host, copy, transmit, display, and process Your Content — but only as needed to operate, maintain, secure, and improve the Service and to provide support. This license ends when you delete the content or close your account, except for backups that age out on our normal schedule (see Section 7).
You're responsible for Your Content and for having the rights to use it.
System Data is separate. We may collect and use technical and usage data about how the Service is used — for example, aggregated metrics, logs, and performance data — to operate, secure, and improve the Service. When this data is aggregated or de-identified so it doesn't identify you or any individual, we may use it freely. We never sell Your Content, and we do not use Your Content to train AI models.
The Service — including the software, design, and our trademarks and logos — belongs to us and our licensors. These Terms grant you the right to use the Service, not to own any part of it. All rights we don't expressly grant you are reserved.
Send us feedback, ideas, or suggestions anytime. If you do, you give us a perpetual, irrevocable, royalty-free license to use them to improve the Service, with no obligation to you. Feedback is never treated as your confidential information.
If you're on a paid plan, you agree to pay the fees for that plan. Fees are billed in advance and are non-refundable except where required by law or stated below.
Paid plans may begin with a free trial. If your plan includes a trial, the length is shown when you sign up, and we'll ask for a valid payment method to start it. You won't be charged during the trial, and you can cancel before it ends to avoid being charged.
⚠️ Automatic renewal — read this. Paid plans renew automatically at the end of each billing period (monthly or annual, as you chose) at the then-current price, and we'll charge your payment method on file, unless you cancel before the renewal date.
How we handle personal data is described in our Privacy Policy. By using the Service, you also agree to that policy.
For organization customers, where we process personal data on your behalf, we act as a processor and you act as the controller, and our Data Processing Addendum (DPA) applies. To request a DPA or the current list of our subprocessors, email support@bekindly.app.
California residents: We do not sell your personal information. You have rights to know, delete, and correct your personal information and to opt out of certain sharing. See the US State Privacy Rights section of our Privacy Policy for details and how to exercise these rights.
These Terms apply for as long as you use the Service.
You can leave anytime. Cancel or close your account from your settings. See Section 5 for how cancellation affects billing.
We can suspend or terminate your account if you break these Terms, fail to pay, or use the Service in a way that creates legal risk or harms the Service or other users. Where practical, we'll give you notice and a chance to fix the problem first. For serious violations, we may act immediately.
Exporting your data. Before you close your account — and for at least 30 days after termination — you can export Your Content using the export tools in the Service. We recommend exporting anything you want to keep before you cancel.
Deleting your data. After your account is closed or terminated, we'll delete Your Content from active systems within 30 days, and from routine backups within 60 days. To be candid: once data is deleted from our systems, we generally can't recover it, so keep your own copies.
Sections that by their nature should survive termination — including content ownership, IP, disclaimers, liability limits, indemnification, confidentiality, dispute resolution, and governing law — will survive.
The Service will keep changing. We may add, change, or remove features, and we may suspend or discontinue the Service or any part of it. If we discontinue the Service entirely, we'll give you reasonable advance notice where we can, so you can export Your Content (see Section 7).
We don't promise any specific level of availability or support unless we've agreed to one with you in writing. The Service may be unavailable from time to time due to maintenance, upgrades, or events beyond our control, and we are not liable for downtime. For mission-critical operations, you should keep your own backups and contingency plans.
The Service may let you connect third-party integrations, apps, or links — for example, Stripe (payments), Zoom (video conferencing), Google (sign-in and calendar sync), QuickBooks (accounting), and email or SMS delivery providers. Those are run by others, not us, and are governed by their own terms and privacy policies. We don't control them and aren't responsible for them, including any outage or change on their end that affects the Service. Using them is at your own risk.
We may offer free trials, free tiers, or beta or early-access features. These are provided "as is," may change or end at any time, and may be less reliable than our paid Service. The warranty disclaimer and liability limits in Sections 11 and 12 apply fully to them.
We work hard to keep the Service reliable, but we can't promise it's perfect.
READ THIS CAREFULLY. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We don't warrant that the Service will be uninterrupted, error-free, or secure, that it will meet your requirements, or that data will never be lost or corrupted. You are responsible for keeping independent backups of important data.
Some jurisdictions don't allow certain disclaimers, so parts of this section may not apply to you.
READ THIS CAREFULLY. THIS SECTION LIMITS WHAT WE OWE YOU IF SOMETHING GOES WRONG.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.
Our total liability connected to these Terms or the Service won't exceed the greater of:
This cap doesn't apply to your payment obligations or to your indemnity obligations under Section 13. These limits also don't apply to liability that can't be limited by law. Some jurisdictions don't allow these limits, so parts of this section may not apply to you.
You agree to defend and indemnify us — and cover our reasonable costs, including legal fees — for claims connected to your use of the Service, Your Content, or your breach of these Terms or the law.
If a claim comes up, we'll let you know about it and give you control of the defense, as long as you don't settle in a way that affects us without our consent. We'll cooperate with you on the defense.
Each of us may learn non-public information about the other through the Service (for example, business plans, pricing, or technical details). Each party agrees to keep the other's confidential information confidential, use it only as needed for the Service, and protect it with reasonable care. This doesn't cover information that is public, already known, independently developed, or required to be disclosed by law.
We respect intellectual property rights. If you believe content on the Service infringes your copyright, send a notice to our designated agent at support@bekindly.app (subject line "DMCA") with the details required by the DMCA (including the work, the infringing material, your contact information, and a statement made under penalty of perjury). We'll respond as the DMCA requires, and we may remove infringing content and terminate repeat infringers.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The U.N. Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Please contact us first. Most disputes can be resolved by emailing support@bekindly.app. We'll try in good faith to work it out with you.
Binding arbitration and class-action waiver. If we can't resolve a dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service will be resolved by final and binding arbitration, administered by a neutral provider such as the American Arbitration Association (AAA) or JAMS under its commercial arbitration rules, before a single arbitrator. Arbitration will take place in Delaware (or another location we mutually agree on) and be conducted in English.
Arbitration is individual only. You and we each waive the right to a jury trial and the right to participate in a class action or class-wide arbitration. You may not bring a claim as a plaintiff or class member in any purported class, collective, or representative proceeding, and the arbitrator may not consolidate more than one person's claims. If this class-action waiver is found unenforceable in a particular case, then the entire arbitration agreement is void for that case.
Exceptions. Either party may (a) seek injunctive or equitable relief in court to protect its intellectual property or confidential information without first arbitrating, and (b) bring an individual claim in small claims court if it qualifies. Judgment on any arbitration award may be entered in any court with jurisdiction. For any matter not subject to arbitration, the state and federal courts located in Delaware will have exclusive jurisdiction, and you consent to venue there.
If you're a US government user, the Service is "commercial computer software" and you get only the rights given to everyone else under these Terms, as allowed by the FAR and DFARS.
You also confirm you aren't located in, or a resident of, any country under US embargo or sanctions, and you aren't on any US government restricted-party list. You agree to follow all US export-control and sanctions laws and not to use the Service in violation of them.
We may update these Terms as the Service evolves. For material changes, we'll give you advance notice by email or in the Service before they take effect — and where it makes sense, the changes will apply at your next renewal so they don't surprise you mid-term. If you keep using the Service after the changes take effect, you accept the updated Terms. If you don't agree, you can stop using the Service and cancel.
We'll always post the current version at bekindly.app/terms with the "Last updated" date.
Questions about these Terms? Email us at support@bekindly.app. We're happy to explain anything in plain English.
Startabout LLC, maker of Kindly — a Delaware limited liability company.
