Terms of service

TERMS OF SERVICE

Last Updated: Jan 9, 2026

These Terms of Service (“Terms”) govern your access to and use of the technology platform operated by Kindly Tech, Inc. (“Kindly,” “we,” “us”).

1.      Your Relationship with Kindly

Kindly provides software infrastructure that enables nonprofit organizations and their partners to engage volunteers and supporters through contextual prompts, donation-matching logic, and related features (the “Services”).

You may access the Services:

·      directly through Kindly-operated interfaces, and/or

·      indirectly through a nonprofit organization or a Volunteer Management System (“VMS”) with which you already have a relationship.

Your use of the Services is subject to these Terms of Service (“Terms”) and our Privacy Policy.

2.      Scope of the Services

Kindly provides technology and software services only.

Kindly does not:

·      solicit charitable donations for it’s own benefit, and does not act as the charitable recipient. Kindly provides technology, messaging, and donation-facilitation services,  incl. donor-facing communications and prompts, on behalf of partner organizations.

·      act as a charity or donor-advised fund, or fiduciary;

·      receive, hold, settle, or transmits funds on its’s own behalf;

·      act as a payment processor, payment facilitator, money services business, or merchant of record.

All donations, payments, and custody of funds are handled by nonprofit organizations and/or regulated by third-party payment and treasury providers under separate agreements to which Kindly is not a party.

3.      Relationship with Partner Organizations, Nonprofits, and VMS Partners

If you access the Services through a nonprofit organization or VMS, your relationship is governed by that organization’s own terms and privacy policies.

Kindly relies on data shared by such partners in a lawful and authorized manner in order to:

·      identify relevant moments for engagement,

·      present matching or fund-related options,

·      provide operational reporting and analytics.

Kindly doesn’t control and is not responsible for the accuracy or completeness of data provided by third parties.

4.      User Access and Authentication

Some Services may be accessed without creating a Kindly account.

Where authentication is required:

·      access may be session-based, token-based, or delegated through a partner system,

·      you agree to provide accurate information where requested, and

·      you are responsible for maintaining the security of any credentials provided to you.

You must be at least thirteen (13) years old to use the Services.

5.      Acceptable Use

You agree not to misuse the Services, including by:

·      interfering with platform integrity or security,

·      attempting unauthorized access to systems or data,

·      using the Services for unlawful or deceptive purposes.

Kindly may suspend or restrict access as reasonably necessary to protect the Services, comply with legal obligations, or address security risks.

6.      Data and Privacy

Kindly processes personal data in accordance with its Privacy Policy.

Depending on the context, Kindly may act:

·      as a data processor on behalf of a nonprofit or VMS, or

·      as an independent controller for limited platform functions.

Kindly uses personal data solely to operate, maintain, and improve the Services and does not sell personal data.

7.      Intellectual Property

The Services, including software, interfaces, and underlying technology, are owned by Kindly or its licensors.

No rights are granted to you except as necessary to use the Services in accordance with these Terms.

8.      Third-Party Services

The Services may link to or rely on third-party systems, including nonprofit platforms, VMSs, and payment providors.

Kindly doesn’t control and is not responsible for third-party services and disclaims liability arising from their operation, availability, or terms.

9.      Disclaimer of Warranties

The Services are provided on an “as is” and “as available.” basis.

To the maximum extent permitted by law, Kindly disclaims all warranties, express or implied, including warranties of accuracy, availability, and fitness for a particular purpose.

10.                                   Limitation of Liability

To the fullest extent permitted by law, Kindly shall not be liable for indirect, incidental, special, or consequential, or punitive damages.

Kindly’s aggregate liability arising out of or relating to the Services shall not exceed one hundred U.S. dollars (USD $100), unless a higher amount is required by applicable law.

11.                                   Termination

Kindly may suspend or terminate access to the Services at any time to protect legal, technical, or security interests.

Sections that by their nature should survive termination will remain in effect.

12.                                   Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Minnesota without regard to conflict-of-laws principles.

Any disputes shall be resolved through binding arbitration in Hennepin County, Minnesota, in accordance with JAMS rules.

13.                                   Changes to These Terms

Kindly may update these Terms from time to time. Continued use of the Services after changes become effective constitutes acceptance.