Our comprehensive terms of service, service level agreement, and legal guidelines for using the Kindly platform.
Acceptance of Terms: Welcome to Kindly, an all-in-one SaaS platform for nonprofit management (the "Service"). By accessing or using the Service, you agree to these Terms of Use ("Terms"), which form a binding legal agreement between you (the customer) and Kindly. We reserve the right to update or modify these Terms at any time by posting the revised Terms, and such changes will apply on a going-forward basis. Your continued use of the Service after any changes are posted constitutes your acceptance of the modified Terms. You must be at least 18 years old and have the legal capacity to agree to these Terms; if you do not meet these requirements or do not agree with the Terms, you must not use the Service.
U.S. Basis and Jurisdiction: Kindly is operated from and based in the United States, and the Service is primarily intended for U.S.-based nonprofit organizations and users. We make no representation that the Service is appropriate or available in other locations. If you choose to access or use Kindly from outside the U.S., you do so at your own initiative and are responsible for compliance with any local laws and regulations that may apply. Kindly's operations (including data storage and processing) occur in the U.S., and by using the Service you acknowledge that your information will be transferred to and processed in the U.S. (or other jurisdictions as needed for service delivery). Non-U.S. entities or users use the Service at their own legal and regulatory risk, and Kindly will not be liable for any non-compliance with foreign laws stemming from such use.
To use certain features of the Service, you will need to register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. Account Security: You are responsible for maintaining the confidentiality of your account login credentials (such as usernames and passwords) and for all activities that occur under your account. Do not share your account credentials with any other person or use the same credentials for multiple users – each individual user should have their own account. Kindly will not be liable for any loss or damage arising from your failure to safeguard your account information or for unauthorized access resulting from such failure. If you become aware of any unauthorized use of your account or any security breach, you must promptly notify Kindly so we can assist in securing your account. We reserve the right to suspend or disable any account that we believe may have been compromised or is being used fraudulently, and to require you to reset your password in such events.
Kindly grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your organization's internal nonprofit purposes, in accordance with these Terms. Lawful Use Only: You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. Prohibited Activities: Without limiting the generality of the foregoing, you expressly agree not to:
Violation of the above rules constitutes a material breach of these Terms and may result in immediate suspension or termination of your account, as well as potential legal action. Kindly reserves the right to monitor activity on the Service to ensure compliance (while respecting our Privacy Policy), and to investigate and take appropriate action against any user who engages in prohibited conduct.
Free Trial and Billing: Your subscription to the Service begins with a 14-day free trial. You are required to provide a valid payment method at the time of registration to start your trial. You will not be charged during the free trial period. Unless you cancel your subscription before the end of the 14-day trial period, you will be automatically billed for the subscription plan you selected.
Payment Cycle: Subscription fees are billed in advance on a recurring basis (e.g., monthly or annually) at the beginning of each billing cycle.
Cancellation: You may cancel your subscription at any time through your account settings or by contacting us. If you cancel before your free trial ends, you will not be charged. If you cancel after you have been charged for a billing cycle, your cancellation will take effect at the end of the current paid term, and you will retain access to the Service until that date.
No Refunds: Payments are non-refundable. There are no refunds or credits for partially used subscription periods, downgrade refunds, or refunds for unused time with an open account. We reserve the right to issue refunds or credits at our sole discretion, or as required by applicable law. If we issue a refund or credit in one instance, we are under no obligation to issue the same in the future.
The Service may integrate with or provide you the ability to use third-party services, features, or content that are not operated by Kindly, such as Zoom (for video conferencing), Stripe (for payment processing), Google Calendar (for calendar sync), email or SMS delivery services, or other third-party tools. Your use of any third-party services is subject to that provider's terms and privacy policies, and Kindly is not responsible or liable for the acts or omissions of third-party services. We do not guarantee the continued availability or compatibility of any third-party integrations and may disable or change integrations at any time, for example, if a third-party provider ceases to make their services available to us. While we may facilitate your interaction with such services (e.g. by sending data or content to/from those services at your request), you alone are responsible for any data you share with third parties via our platform. Disclaimer: Any third-party content or materials accessible in the Service are provided "as-is" and without warranties by Kindly. We disclaim all responsibility for any harm, damages, or losses caused or alleged to be caused by the operation or failure of third-party services, and you use them at your own risk.
Kindly's Intellectual Property: All rights, title, and interest in and to the Service and its underlying software, technology, designs, logos, trademarks, and content provided by us (collectively, "Kindly IP") are and will remain the exclusive property of Kindly (and/or its licensors). The Service and all materials therein are protected by U.S. and international intellectual property laws. These Terms do not grant you any ownership of or license to any Kindly IP except for the limited usage rights expressly provided. Limited License to You: Subject to your compliance with these Terms and payment of any applicable fees, Kindly grants you a limited, revocable, non-transferable license to use the Service and Kindly IP solely for your internal nonprofit operations, during the term of your subscription. This license is granted for use within the United States (or other territories where you are authorized to use the Service) and is for the duration of your authorized use under these Terms; we reserve all rights not expressly granted to you. You must not remove, alter, or obscure any copyright, trademark, or proprietary rights notices on the Service or any reports or materials generated from it.
Your Content and Data: You retain ownership of all data, information, files, text, images, or other content that you or your authorized users upload, submit, or create within the Service ("Customer Data"). Kindly does not claim ownership of your Customer Data; as between you and Kindly, you own all rights to your data. License to Kindly: When you upload or input Customer Data into the Service, you grant Kindly a non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, display, and process your data solely for the purpose of operating and improving the Service and as otherwise set forth in these Terms and our Privacy Policy. This includes, for example, the right to make backup copies of your data, to display it to you and those you authorize (e.g., showing a file you share to your colleagues), and to send it to third-party integrations at your instruction. We will not use your Customer Data for any purposes outside the scope of providing the Service without your consent.
You represent and warrant that you have obtained all necessary rights, licenses, and consents to provide the Customer Data to Kindly and to permit us to use it as allowed by these Terms. Prohibited Data: You agree not to upload or transmit any content that infringes any copyright, trademark, patent, trade secret, privacy, or other rights of any third party, or any content that you do not have the legal right to use and share. Kindly is not responsible for any User content, and we do not routinely monitor content, but we reserve the right to remove or disable access to any content that we deem to violate these Terms or applicable law.
By Kindly: Kindly may suspend or terminate your access to the Service (or any portion thereof) immediately for cause if you violate these Terms or any applicable law, if your account is past due and you fail to cure payment after notice, or if in our reasonable judgment your use of the Service poses a security risk, could subject us to liability, or may adversely affect the Service or other users (e.g., you are engaging in scraping, attacking our systems, or other misuse). We also reserve the right to suspend the Service, in whole or in part, on an emergency basis without prior notice if needed to address serious security issues or to comply with legal requirements. In non-emergency situations, we will endeavor to provide notice and an opportunity to cure any breach if practicable. Kindly will have no liability for taking action to remove or suspend access to the Service in such circumstances, and we shall not be liable for any losses (including lost data or profits) arising from the suspension or termination of your access as permitted under this Agreement.
By You: You may cancel your subscription or terminate your account at any time if you no longer wish to use the Service. Instructions for account cancellation are available within the Service settings or by contacting us. If you terminate for convenience, you may not be entitled to any refund of fees paid (unless stated otherwise in a refund policy or required by law).
Effect of Termination: Upon any termination of your account or subscription, whether by you or by Kindly, your right to access and use the Service will immediately cease. We will disable your account and you may lose access to any data or content stored on the Service, so please ensure you have exported or saved any important information prior to terminating. We have no obligation to retain your Customer Data after termination, and we may delete your data from our live systems after a reasonable period, except as required to be retained for legal or internal record-keeping purposes. However, we may retain backup copies of data for a limited time and data may persist in backups before automatically being deleted; all such information remains subject to the confidentiality and data protection obligations in these Terms and our Privacy Policy. Survival: Any provisions of these Terms that by their nature should survive termination (such as indemnification, limitation of liability, arbitration, and intellectual property provisions) shall continue in effect. Termination of the Service does not relieve you of any obligation to pay any accrued fees or charges (if applicable).
"As-Is" Service: Kindly provides the Service to you on an **"AS IS" and "AS AVAILABLE" basis, without any warranties or guarantees of any kind (except any express warranties that may be specifically stated). To the maximum extent permitted by law, Kindly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will meet your requirements or expectations, that it will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. No Oral or Written Information or advice given by Kindly, its employees, or agents shall create any warranty.
You acknowledge that nonprofit operations and data management involve risks and that Kindly does not guarantee any specific results from use of the Service. User's Responsibility: You are solely responsible for evaluating the Service's fitness for your intended use and for maintaining alternate methods of performing operations or safeguarding data in case of any failure or unavailability of the Service. For example, we encourage you to keep backup copies of important data and not to rely solely on Kindly for critical or irreplaceable information.
Third-Party Materials: Any third-party content, integrations, or services made available through Kindly are not under our control, and we make no warranties in relation to such third-party offerings. Such third-party services are provided for your convenience and any use by you is solely between you and the third-party provider.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such case, any implied warranties are limited to the minimum scope and duration permitted by applicable law.
To the fullest extent permitted by applicable law, Kindly's aggregate liability for all claims arising out of or related to the Service or these Terms will not exceed the total amount of fees (if any) that you have paid to Kindly for the Service in the twelve (12) months immediately prior to the event giving rise to the liability (or USD $100, if you have not paid any fees). This limitation applies collectively to Kindly and its affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors.
Types of Excluded Damages: In no event shall Kindly (or its affiliates, officers, employees, or agents) be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages whatsoever arising out of or related to your use of or inability to use the Service or any loss of data, loss of business, revenues, or profits, business interruption, or procurement of substitute services, even if Kindly has been advised of the possibility of such damages. This exclusion applies regardless of the theory of liability (contract, tort, negligence, strict liability, misrepresentation, or any other legal theory) and regardless of whether any limited remedy herein fails of its essential purpose.
Scope: The limitations and exclusions of liability in this section apply to the maximum extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages (such as incidental or consequential damages), so the above limitations or exclusions may not fully apply to you. In any case, Kindly's liability will be limited to the fullest extent permitted by law, and if any portion of this section is held unenforceable, the parties agree that the court should enforce the provision to the maximum extent permissible to effect the intent of the parties, and the remainder of this section will remain in full force. In short, you assume all risks associated with using the Service, and we limit our liability accordingly (as is common in SaaS agreements).
You agree to indemnify, defend, and hold harmless Kindly and its affiliates, and each of their respective officers, directors, employees, and agents (the "Indemnified Parties"), from and against any and all third-party claims, demands, suits, or proceedings, and all related liabilities, damages, losses, judgments, and expenses (including reasonable attorneys' fees), arising out of or related to: (a) your violation of these Terms or of any applicable law or regulation; (b) your misuse of or activities in connection with the Service; (c) Customer Data or content that you submit, post, or transmit through the Service (including any claim that such data or content infringes, misappropriates, or violates the intellectual property, privacy, or other rights of a third party); or (d) your use of the Service in combination with technologies, services, or materials not provided by Kindly (if the claim would have been avoided by use of the Service alone).
Kindly reserves the right, at its option, to assume exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to cooperate with Kindly in defending such claim and not to settle any such matter without Kindly's prior written consent). This indemnification obligation will survive any termination of your use of the Service or these Terms. This clause essentially means that if your actions or content cause us to be sued or incur losses, you will cover those costs, to the extent allowed by law.
Governing Law: These Terms (and any disputes or claims arising out of or related to the Service or these Terms) are governed by the laws of the United States and the State of Delaware, without regard to its conflict of laws principles. The U.N. Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement. Except as provided in the "Dispute Resolution" section below, you agree to submit to the personal jurisdiction of the state and federal courts located within the State of Delaware for the purpose of litigating all such disputes, and you waive any objections to jurisdiction or venue in such courts.
Dispute Resolution – Arbitration and Class Action Waiver: Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service that cannot be resolved by mutual agreement shall be resolved by final and binding arbitration. The arbitration will be administered by a neutral arbitration provider (such as the American Arbitration Association or Judicial Arbitration and Mediation Services (JAMS)) pursuant to the provider's commercial arbitration rules, before a single arbitrator. The arbitration shall take place in a mutually agreed location (absent agreement, in the State of Delaware, USA), and be conducted in English. Arbitration is conducted on an individual basis. You and Kindly each waive the right to a trial by jury and the right to participate in a class action or class-wide arbitration. You may not bring a claim in arbitration as a plaintiff or class member in any purported class, collective or representative proceeding. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. If a court or arbitrator determines that the class action waiver is unenforceable in a particular case, then the entirety of this arbitration clause shall be null and void for that specific case.
The arbitrator will have authority to award legal and equitable relief available under law. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Exceptions: Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of proper jurisdiction to protect its intellectual property or confidential information (e.g., trademarks, trade secrets, copyright, or to prevent data misuse) without first engaging in arbitration. In addition, if the dispute is of a limited monetary value that qualifies for small claims court, either party may choose to bring an individual action in small claims court in lieu of arbitration.
Legal Fees: In any dispute between the parties, whether in arbitration or court, the prevailing party will be entitled to recover its reasonable attorneys' fees and costs from the other party, in addition to any other relief granted, to the extent allowed by law.
Entire Agreement: These Terms (together with the Service Level Agreement and Privacy Policy below, and any additional guidelines or terms we provide for specific features) constitute the entire agreement between you and Kindly regarding the Service, and supersede all prior agreements or understandings (whether written or oral) relating to the Service.
Amendments: Except as provided above regarding updates by Kindly, no modification or amendment to these Terms will be binding on Kindly unless in a written document that is signed by a duly authorized representative of Kindly.
No Waiver: Our failure to enforce any right or provision of these Terms will not operate as a waiver of that provision or any other provision. A waiver on one occasion shall not be deemed a waiver of any other occasion or of any continuing or future right.
Severability: If any provision of these Terms is held to be invalid or unenforceable by an arbitrator or court of competent jurisdiction, that provision shall be interpreted to fulfill its intended purpose to the maximum extent permitted by law, and the remaining provisions of these Terms will remain in full force and effect.
Assignment: You may not assign or transfer these Terms or any rights or obligations herein without Kindly's prior written consent. Any attempt to assign in violation of the foregoing will be null and void. Kindly may freely assign or transfer these Terms (e.g., in the event of a merger, acquisition, or sale of assets) without notice to you. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Force Majeure: Kindly will not be liable for any failure or delay in performance of its obligations (except payment obligations) to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, strikes, labor disputes, riots, war, acts of terrorism, governmental action, internet or power outages, or failures of third-party services ("Force Majeure Events"). We will use reasonable efforts to mitigate the effect of a force majeure event and resume full performance as soon as feasible.
Contact and Notices: Kindly may send you legal notices or service-related communications by email to the address associated with your account, via in-app notification, or via recognized overnight courier or U.S. mail to the address we have on file. You are responsible for keeping your contact information up to date. Notices to Kindly should be sent by email to our support/legal contact or by mail to our current business address (provided on our website). All official notices should be in English and are deemed delivered as of the date of actual receipt.
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This Service Level Agreement describes the service availability commitments and related support terms for the Kindly platform. Kindly will use commercially reasonable efforts to ensure the Service is reliable and available, but this SLA does not provide any guaranteed service level or uptime commitment. Instead, it outlines what you can generally expect from Kindly and important disclaimers regarding downtime, data integrity, and third-party services. This SLA is not a separate contract but is part of the Terms of Use. In case of any conflict between this SLA and the Terms of Use, the more protective provision for Kindly (as determined by Kindly) shall prevail, consistent with the goal of maintaining strong legal protections.
Kindly aims to keep the Service operational and accessible 24/7, excluding scheduled maintenance windows and unforeseen outages. However, Kindly does not guarantee any specific uptime percentage or level of availability for the Service. There may be periods when the Service is unavailable due to scheduled maintenance or upgrades, emergency repairs, or failures of equipment or telecommunications systems. We will use reasonable efforts to schedule maintenance during low-usage periods and to provide advance notice for scheduled maintenance downtime (e.g., via an in-app notice or email) whenever feasible. Despite our efforts, you acknowledge that occasional downtime or performance issues are a normal risk of cloud services.
Examples of situations that may result in downtime or degraded performance include (but are not limited to): server hardware failures, network outages, power outages, software bugs, security incidents, unusually high usage peaks, or outages in third-party services (discussed below). Disclaimer – No Uptime Guarantee: Kindly provides the Service "as is" without any uptime guarantee, and shall not be liable for any damages or losses due to any downtime or unavailability of the Service. This includes, without limitation, no liability for lost profits, lost opportunities, or loss of data due to Service interruptions. While we strive to minimize disruptions, you should design your use of the Service in consideration of the possibility of downtime. In particular, for any mission-critical operations, you should have contingency plans (such as maintaining local backups or alternative communication channels). Kindly does not offer financial credits or refunds for downtime in these standard Terms; in no event will downtime be construed as a breach of contract by Kindly in the absence of gross negligence or willful misconduct.
Kindly is committed to protecting customer data and maintaining data integrity. We perform regular data backups and implement measures to safeguard data stored in the Service. However, Kindly does not warrant that your data will never be lost or corrupted. You are solely responsible for maintaining independent backups of any critical or important data that you store on the Service. Although we take precautions, events beyond our control (such as catastrophic hardware failures, software errors, or other unforeseeable issues) could result in data loss or corruption. By using the Service, you acknowledge and accept that there is a risk of data loss, and Kindly shall not be liable for any loss or recovery of data. In the event of data loss, we will endeavor to restore data from our most recent backup, but we cannot guarantee that any lost data can be recovered or that recovery will be swift or complete.
Best Practices: We strongly recommend that you export or download your important data regularly. The Service may include features that allow you to export data (for example, exporting contact lists or reports). Utilizing these features periodically can mitigate the impact of any unexpected data loss on the platform. No Liability for Backups: Kindly's responsibility for backup and recovery is limited to what is stated in this SLA. We do not assume liability for any costs related to reconstruction of lost data or any consequences stemming from lost or inaccurate data. This disclaimer of liability for data loss is a fundamental condition of the bargain between you and us in using the Service.
Kindly's platform integrates with and relies upon various third-party services to deliver certain functionality. For example, we use third-party hosting infrastructure (cloud servers and data centers) to run our application, and we integrate optional services like Zoom for video conferencing, Stripe for payment processing, Google Calendar for syncing events, and other similar third-party APIs or plugins. The performance and availability of our Service can be affected by these external services. Accordingly, any outage, slow-down, or change in functionality of a third-party provider may impact the Kindly Service, and such issues are beyond Kindly's control and are not covered by any uptime or performance commitments.
Key points regarding third-party dependencies:
In summary, Kindly provides no SLA guarantee for features or uptime dependent on third parties, and any issues originating from third-party services are excluded from any remedies. We will, however, use reasonable efforts to work with our third-party providers to restore functionality in the event of an outage and keep our users informed.
Support Availability: Kindly provides customer support to its clients via email and our online support portal. Support requests can be submitted at any time, and we strive to respond to inquiries as quickly as possible. However, we do not guarantee a specific response time in this SLA. Our typical support hours are [e.g., 9am–5pm, Monday–Friday, excluding holidays], and requests received outside of support hours will be addressed on the next business day in most cases. For urgent issues (such as the Service being completely unavailable), we will make best efforts to respond and resolve the problem as soon as possible.
Maintenance and Updates: Kindly will periodically deploy updates, upgrades, bug fixes, and new features to the Service. We may also perform scheduled maintenance to maintain and improve the platform's security and performance. During maintenance windows, some or all Service functionality may be temporarily unavailable. As noted under Service Availability, we will endeavor to schedule maintenance during off-peak times and to provide notice for scheduled maintenance that is expected to cause significant downtime. In the case of emergency maintenance (e.g., to patch a critical security vulnerability), we may not be able to provide advance notice. We aim to minimize maintenance disruptions and typically such maintenance downtimes are short in duration.
Issue Resolution: When you report an issue, our support team will classify it by severity and work to resolve it in a timely manner. Minor issues or feature requests may be scheduled into future development cycles, while critical errors (e.g., the Service is down or a major function is inoperative) will be prioritized for immediate attention. This SLA does not provide monetary remedies for support issues, but we welcome feedback and will do our utmost to ensure your experience with Kindly is positive and that issues are resolved to your satisfaction whenever possible.
Upgrades and Feature Changes: Kindly is an evolving platform. We reserve the right to add, modify, or discontinue features of the Service. If we discontinue a core feature, we will attempt to provide prior notice and possibly provide alternative solutions or compensating features. However, the continuous development of the platform means some features may change over time, and such changes (absent a separate contractual commitment) do not constitute a failure to provide service. We appreciate your understanding as we improve the Service.
Summary: This SLA is intended to be a transparent outline of Kindly's service commitments and limitations. It is not a guarantee of perfection – downtime, bugs, and external outages can occur, and by using Kindly you accept these risks. We value our customers and will make commercially reasonable efforts to deliver a high-quality, reliable service and to communicate openly about any issues and resolve them as quickly as we can. If you have any questions or concerns about these service terms, please contact our support team.
If you have any questions, concerns, or requests regarding these Terms of Service or SLA, you can contact Kindly at:
We will do our best to respond promptly and address your inquiry. Your trust is important to us, and we welcome any feedback you have about our policies or practices.
