Terms of Service
Last updated: October 22, 2026
These Terms of Service ("terms") are an agreement between you and Donor Send LLC, a California limited liability company ("DonorSend", "we", "us"), and govern your use of the DonorSend app, website and related services (the "service"). Please read them together with our Privacy Policy, which explains how we handle personal information.
1. Accepting these terms
Before using the service, each user is asked to read these terms and the Privacy Policy and to accept them by ticking a box and confirming. We keep a record of each acceptance: the version accepted, the date and time, and the device information sent with the request. When these terms or the Privacy Policy change, you will be asked to accept the new version before you can keep using the service. You agree that accepting electronically is the same as signing on paper.
In these terms, "your organization" means the nonprofit, ministry or other organization that holds the DonorSend account, and "you" means your organization and each person who uses the account on its behalf. The person who creates an account or accepts these terms for an organization confirms that they are authorized to bind it. You must be at least 18 years old to use the service.
2. The service
DonorSend is donor-relationship software for nonprofit organizations and the people who raise support for them: a donor database with reminders, personal text and video outreach, email, giving records and related tools. Some features depend on your plan or on optional add-ons.
3. Your account
Keep your account information accurate, including your mobile number and email address, and keep your sign-in credentials private. Your organization's administrators decide who has access and at what level, and your organization is responsible for what its users do in the account. Tell us promptly at TOS@donorsend.app if you believe someone has accessed your account without permission.
4. How we contact you
Each user provides a mobile phone number. By accepting these terms you agree that DonorSend may contact you about your account and the service — for example sign-in and security notices, billing and subscription notices, setup help, and alerts you have turned on, such as a reply from a donor — by text message, phone call, push notification in the app, and email, at the mobile number and email address on your account. These are service messages, not marketing. Message frequency varies; message and data rates may apply. Reply STOP to stop texts from us or HELP for help, and you can change notification settings in the app. Some notices, such as security and billing notices, may still be sent by email after you stop texts. Carriers are not liable for delayed or undelivered messages. Keep your number current; if it changes, update it in the app.
You agree that notices, agreements and other communications we provide electronically — in the app, by email or by text — satisfy any requirement that they be in writing.
5. Plans, free trials, automatic renewal and cancellation
DonorSend offers a free plan and paid plans, billed monthly or annually through our payment processor, Stripe. The price, billing interval and what each plan includes are shown before you subscribe.
Automatic renewal. Paid plans and paid add-ons renew automatically at the end of each monthly or annual billing period, and the payment method on file is charged the then-current price for the next period, until you cancel.
Free trials. Where a paid plan includes a free trial (currently 14 days), we ask for a payment method when the trial starts. Unless you cancel before the trial ends, your subscription begins and is charged at the price shown when you started the trial. We remind you by email before the first charge.
Cancelling. You can cancel online at any time in Settings → Billing, or by emailing TOS@donorsend.app. Cancellation stops future renewals; your paid features continue until the end of the period you have paid for, and your account then moves to the free plan. We do not give partial-period refunds, except where required by law, but we will consider reasonable requests.
Price changes. We will tell you about any increase in the price of your plan at least 7 days (and no more than 30 days) before it applies to you, with instructions for cancelling. For annual plans we will also remind you before each renewal.
Plan changes. Upgrades take effect immediately and are prorated for the rest of the current period. Downgrades take effect at the end of the current period.
Add-ons and one-time fees. Optional add-ons, such as a dedicated texting number or email marketing, are billed as recurring items on your subscription. Some carry one-time fees (for example carrier registration for a texting number), which are disclosed before purchase and are non-refundable once the underlying registration has been submitted.
Grants and promotional periods. We sometimes offer free months of a paid plan, for example through a sponsored grant. A grant is not charged and does not renew on its own; at its end you may add a payment method to continue the paid plan, or your account moves to the free plan. Any additional conditions are shown with the offer.
Purchases inside the iPhone app. The iPhone app does not sell subscriptions. Subscriptions are purchased on the web.
6. Taxes
Prices do not include sales, use or other transaction taxes. Where we are required to collect them, we add them to your invoice as a separate line, and they are your responsibility; taxes on our own income are ours. If your organization is exempt in your state, send a current exemption certificate to TOS@donorsend.app and we will apply it to future invoices — we cannot refund tax that has already been collected and remitted. Being a nonprofit does not by itself make a purchase exempt; whether it does depends on the state.
7. Your organization's data
Your organization owns the information it puts into the service — donor records, notes, gifts, messages, photos, videos and files ("your data"). You give us permission to host, copy, process, transmit and display your data only as needed to provide, secure and support the service for you, and to follow your instructions. We claim no other rights to it.
For donor information and other personal information in your data, we act as your service provider (processor). We will:
- process it only to provide the service as described in these terms and as you instruct, to build and improve the service, and to keep it secure, and for no other purpose — except that we may create de-identified and aggregated information as described below;
- not sell or share it, use it for advertising, or combine it with personal information we receive from anyone else, except as needed to provide the service or as the law permits a service provider to do;
- keep it confidential, protect it with reasonable security measures, and require the companies that help us run the service to protect it in the same way under written agreements;
- help you respond to requests from donors to access, correct or delete their information;
- tell you if we can no longer meet these obligations, and let you take reasonable steps to stop and remedy any unauthorized use;
- notify you without undue delay if we learn of a security breach affecting your data; and
- comply with the California Consumer Privacy Act and other privacy laws that apply to us as a service provider, and provide the level of privacy protection those laws require.
De-identified and aggregated data. We may create de-identified or aggregated information from data in the service — including your data and how the service is used — that does not identify, and cannot reasonably be linked to, you, your organization, your users, any donor or any other person. We may use and share that information for any lawful business purpose, such as operating, improving and developing our products and services (including AI features), analytics and research, and publishing benchmarks and reports (for example, typical giving patterns across organizations). We will take reasonable measures to keep it de-identified, will not attempt to re-identify it (except to test that our de-identification works), and will require anyone we share it with to do the same. Information in this form is not personal information and is not your data under these terms. We will not use or disclose your data in a form that identifies your organization, your donors or any other person except as these terms and the Privacy Policy allow.
You can export your donors at any time. How long we keep data, and how it is deleted, is described in the Privacy Policy.
8. Your responsibilities
You are responsible for the donor data you enter, for having the right to store and use it, and for the messages you send. By default, texts are sent from your own phone under your own name. If your organization adds a dedicated texting number, messages are transmitted on your behalf through our text-messaging provider: you agree that texts through that number go only to recipients who have opted in, that the registration information you provide for carrier compliance (organization identity, use case) is accurate, and that misuse may result in carriers or us suspending the number. In both modes you agree to honor opt-out requests (the app records them) and to comply with applicable communication and privacy laws, including the federal Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act for email, and, for California recipients, California's telemarketing and privacy laws.
9. Acceptable use
Do not use the service to:
- send spam, or message anyone who has not agreed to hear from you where the law or our texting rules require consent;
- harass, threaten or deceive anyone, or send unlawful, hateful, sexually explicit or infringing content;
- collect or store information you have no right to hold;
- break the law, including laws on fundraising, charitable solicitation and data protection;
- probe, scan or test the vulnerability of the service, bypass its security, or access another organization's data;
- copy, resell or reverse-engineer the service, or use automated means to access it except through features we provide; or
- interfere with the service or with other customers' use of it.
We may remove content, pause sending, or suspend an account that violates this section, with notice where practical.
10. Text message (SMS) program terms
Donors who opt in to receive texts from an organization using the service receive personal relationship messages — thank-yous, birthday and holiday greetings, event and ministry updates, and replies to their own messages — from that organization's dedicated number. Message frequency varies (typically a few messages per month). Message and data rates may apply. Reply STOP at any time to opt out; reply HELP for help, or contact TOS@donorsend.app. Opt-out requests are honored immediately and recorded in the consent audit trail. Carriers are not liable for delayed or undelivered messages. Consent to receive text messages is never a condition of donating. The exact opt-in methods and the consent language donors see are published at donorsend.app/sms-optin.html.
11. AI-assisted features
Some features suggest drafts using an AI model. Suggestions can be wrong or unsuitable, so review and edit them before you send anything; nothing is sent to a donor unless you send it, and you are responsible for what you send. How AI features handle information is described in the Privacy Policy.
12. Video links
Videos you send are delivered as links. Anyone who has a link can watch the video until it expires under your organization's retention setting, so send links only to the people you intend to see them.
13. Online donations
If your organization accepts online donations through the service, payments are processed under your organization's own Stripe account and Stripe's agreements with you. We are not a party to donations, do not hold donated funds, and are not responsible for payment processing, refunds to donors, or your tax receipting obligations.
14. Third-party integrations
Optional integrations — including QuickBooks Online (Intuit) and Planning Center — connect only when an administrator authorizes them, and we exchange data with those services solely on your instruction. Your use of a connected service is governed by that provider's own terms, and you are responsible for having the right to send data to or import data from it. You can disconnect an integration at any time, which revokes our access. We are not responsible for the accuracy or availability of third-party services, and records created in them (for example accounting entries in QuickBooks) remain yours to review with your bookkeeper or accountant.
15. Our property and your feedback
The service, including its software, design and content other than your data, belongs to us and our licensors. These terms give you the right to use the service while your account is in good standing; they do not transfer any ownership. If you send us suggestions or feedback, we may use them without obligation to you.
16. Service changes and availability
We aim for high availability but do not promise that the service will be uninterrupted or error-free. We may add, change or retire features; if we retire a feature you pay for, we will tell you in advance where practical.
17. Suspension and termination
You may stop using the service at any time, and an administrator can delete your organization's account in the app (Settings → Account → Delete account), which permanently deletes its data as described in the Privacy Policy. We may suspend or end access for a material breach of these terms, non-payment, or where needed to protect the service, other customers or the people you message, with notice where practical. When an account ends for a reason other than its own deletion, we make your data available for export for a reasonable period, then delete it as described in the Privacy Policy. Sections that by their nature should survive — such as those on fees owed, data, disclaimers, limits of liability, indemnification and disputes — survive termination.
18. Disclaimers
To the extent permitted by law, the service is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee any fundraising result.
19. Limitation of liability
To the extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, donations or data, and each party's total liability arising out of these terms or the service is limited to the greater of the amount you paid us in the twelve months before the claim and US $100. These limits do not apply to your payment obligations, to your indemnification obligations, or to liability that cannot be limited by law. Some jurisdictions, including California in certain circumstances, do not allow limits on implied warranties or certain damages, so parts of sections 18 and 19 may not apply to you.
20. Indemnification
Your organization will defend and indemnify Donor Send LLC against third-party claims arising from your data, the messages you send, or your violation of these terms or of law — including claims under the TCPA or similar laws about messages sent through your account — and will pay resulting losses and reasonable costs, provided we notify you promptly and let you control the defense.
21. Export controls and sanctions
You may not use the service in violation of US export control or sanctions laws, including from a country or by a person subject to comprehensive US sanctions.
22. Changes to these terms
We may update these terms as the product evolves. When we do, we will change the date at the top, and we will give notice by email or in the app before material changes take effect. You will be asked to review and accept the updated terms before you can keep using the service; if you do not accept them, you may close your account.
23. Governing law and disputes
These terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Before bringing a claim, please contact us at TOS@donorsend.app so we can try to resolve it informally within 30 days. Any dispute that cannot be resolved informally will be brought in the state or federal courts located in California, and both parties consent to their jurisdiction. Nothing in these terms waives rights you hold under California consumer law that cannot be waived by contract (Civil Code §1751).
24. Notice to California users (Civil Code §1789.3)
Under California Civil Code §1789.3, California users of an electronic commercial service are entitled to the following notice: DonorSend is provided by Donor Send LLC, a California limited liability company, reachable at TOS@donorsend.app. Complaints may be directed to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by phone at (800) 952-5210 or through dca.ca.gov.
25. General
These terms, together with the Privacy Policy and any order details shown when you subscribe, are the entire agreement between you and us regarding the service and supersede any prior understanding. If any provision is held unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver of it. Neither party is responsible for delays caused by events beyond its reasonable control. You may not assign these terms without our consent; we may assign them to a successor in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries of these terms. We send notices to the email address on your account; send notices to us at TOS@donorsend.app.
Contact
Questions: TOS@donorsend.app
The date above reflects the latest revision.