Terms of Service

1. Who we are

Because of You is operated by Kyle Behrend Pty Ltd (ACN 699 700 000, ABN 88 699 700 000), a company incorporated in Australia. You can reach us at hello@because-of-you.com.

2. The Service

Because of You helps nonprofit organizations create, host and share personalized donor thank-you and impact experiences, and see basic analytics on how they are opened. We may add, change or remove features over time.

3. Your account

• You must provide accurate information and keep it up to date. You are responsible for activity under your account and for keeping your credentials secure.
• By opening an account on behalf of an organisation, you confirm you are authorised to bind that organisation to these terms.
• The Service is for organizations and their staff, not for use by children.

4. Your content and your donors’ information

You keep ownership of the content you upload — your brand, website material, impact reports, photos and donor information (together, “Your Content”). You grant us a non-exclusive licence to host, process and display Your Content solely to provide the Service to you.

• You are responsible for having the right to upload Your Content, including a lawful basis and any necessary consent to provide us with your donors’ personal information.
• When you upload donor information, you are the party responsible for that data toward your donors, and you must comply with the privacy laws that apply to you. We process it on your behalf as described in our Privacy Policy.
• You must not upload content that is unlawful, infringing, misleading, or that you are not permitted to share.

5. Acceptable use

You agree not to:

• use the Service to break the law or infringe anyone’s rights;
• send spam, harvest data, or misuse donor information;
• probe, scrape, overload, reverse-engineer or interfere with the Service or its security;
• resell or white-label the Service except as we expressly permit.

6. Plans, billing and taxes

• Paid plans (Starter, Growth, Scale), launch packs and passes are billed through our payment processor, Stripe. By subscribing you also agree to Stripe’s terms.
• All prices are shown and charged in US dollars (USD) unless stated otherwise, and are exclusive of taxes unless the checkout says otherwise. Where we are required to collect tax (for example Australian GST), it is handled at checkout.
• Subscriptions renew automatically each period until cancelled. Upgrades take effect immediately; downgrades take effect at the end of the current period.
• Except where the law (including the Australian Consumer Law) requires otherwise, payments are non-refundable and cancelling stops future charges rather than refunding the current period.

7. Cancellation and suspension

You can cancel any time from your billing settings. We may suspend or limit the Service if you breach these terms, fail to pay, or put the Service or others at risk. If your plan lapses, your published links may show a paused notice rather than your experience until billing resumes.

8. Our intellectual property

The Service itself — our software, templates, designs and brand — remains ours. These terms don’t give you any right to it beyond using the Service as intended. Feedback you send us may be used to improve the Service without obligation to you.

9. Third-party services and links

We rely on third-party providers to run the Service (listed in our Privacy Policy), and the Service may link to third-party sites we don’t control. We aren’t responsible for third-party services or content.

10. Availability and disclaimers

We work hard to keep the Service running, but it is provided “as is” and we don’t guarantee it will be uninterrupted or error-free. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or other law that cannot lawfully be excluded.

11. Liability

To the extent permitted by law, we are not liable for indirect or consequential loss, or for loss of data, revenue or goodwill, and our total liability for any claim relating to the Service is limited to the amount you paid us for it in the 12 months before the claim. Where the Australian Consumer Law applies and permits, our liability for a failure to meet a consumer guarantee is limited to re-supplying the Service or paying the cost of re-supply.

12. Indemnity

You agree to indemnify us against claims, losses and costs arising from Your Content, your use of the Service, or your breach of these terms or of the rights of your donors or any third party.

13. Changes to these terms

We may update these terms as the Service evolves. If a change is material we’ll take reasonable steps to let you know. Continuing to use the Service after a change means you accept the updated terms.

14. Governing law

These terms are governed by the laws of Australia, and you submit to the non-exclusive jurisdiction of its courts.

15. Contact

Questions about these terms? Email hello@because-of-you.com.