Version 2.0
Last Modified: February, 2023
Civic Champs Subscription Order Terms and Conditions
The following terms of service (“Standard Terms”) are a contract between Civic Champs, Inc., an Indiana Benefit Corporation (the “Company”), and the company, nonprofit or other legal entity that has purchased a subscription to the Company’s volunteer management services and on whose behalf this contract is entered into ("You" or “Your”).
You accept these Standard Terms when You have agreed to a Subscription Order that refers to this Agreement. Both You and the individual agreeing to the Subscription Order on Your behalf, by accepting these Standard Terms, represent that the individual has the authority to bind You to this Agreement. If the individual does not have this authority, or You do not accept these Standard Terms, neither You nor the individual may accept these terms or use the Product(s) in the Subscription Order.
1. Definition.
“Agreement” shall refer to these Standard Terms in connection with the Subscription Order.
“Effective Date” shall refer to the Start Date as identified in the Subscription Order.
“End Date” shall refer to the End Date as identified in the Subscription Order.
“Initial Subscription Period” shall refer to the period of time starting from the Effective Date until the End Date.
“Product(s)” shall refer to volunteer management software and services.
“Standard Terms” shall refer to the following Terms of Service.
“Subscription Order” shall refer to the form executed by You in which you agree to purchase one or more of the Company’s Product(s). The Subscription Order defines what You purchase from the Company.
“User(s)” shall refer to any person—volunteer, donor, administrator, or otherwise—using the Civic Champs platform.
1. Limitation of Liability. In the event that the Company fails to provide Product(s) in accordance with the Subscription Order in any respect, the sole liability of Company to You and Your sole remedy shall be limited to, at the Company's discretion: (A) a pro-rated refund of the Rate as specified in the Subscription Order, (B) Extension of the term of the Subscription Order until the contracted Product(s) are delivered. The Company is not responsible for any related damages including, but without limitation to, additional costs You may incur.
2. Usage Statistics. The Company makes no guarantees with respect to usage statistics or levels of volunteer or employee interaction with the Product(s).
3. Ownership of information. The information collected by the Company from You and individuals affiliated with You, will be Your sole property; however, You give the Company the right to use this information in conjunction with business activities conducted on your behalf. You also give the Company the right to use data collected from your users in aggregate and anonymously for reporting and research purposes. As You own this data, user information will never be sold or licensed to any third party by the Company. Lastly, all Users will need to agree to and abide by Civic Champs Terms and Conditions before using the app.
4. Data export. At any point, the Company will make Your data available to You through a .csv file. Requests for data that is not made available from the administrative dashboard will be responded to in a similar format in a reasonable time frame.
5. Marketing. As part of this agreement, You grant the Company the right to reference You as a client in marketing, sales, and other collateral.
6. Late Payments. You agree to pay the Company the published fee in effect at the time of the Subscription Order for all Product(s) You order and all applicable sales, use and similar taxes. Payments are due monthly on a mutually agreed upon schedule, unless You choose to exercise Your annual option, in which case payments are due yearly on a mutually agreed upon schedule. The payment schedule will continue through the duration of the Initial Subscription Period and all subsequent subscription periods. Late payments past 30 days due will incur a late payment fee of 5% of the late balance.
7. Renewal Subscription Period. Unless one party gives the other written notice that it does not intend to renew the subscription, this Agreement will automatically renew for a duration equal to the duration of the Initial Subscription Period (“Renewal Subscription Period”). The “Renewal Subscription Date” shall refer to the date that the subscription renews, the day after the Subscription Order’s End Date. Renewal Subscription Periods cannot be terminated whilst in the Renewal Subscription Period other than for causes as described in Section 9 below. Written notice of non-renewal must be sent no less than thirty (30) days in advance of the end of the current Subscription Period. The Renewal Subscription Period will be on the Subscription Order and subject to the Company’s standard pricing at the time the Renewal Subscription Period begins. Should You decide not to renew this Agreement, You may send the notice of non-renewal to sales@civicchamps.com.
8. Refunds. As a general matter, the Company does not provide refunds for Products after a Product is purchased except for the following reason: an error in the Company’s systems/processes causes You to be charged an incorrect amount. The Company further reserves the right to make refunds at any time in connection with cases of fraud, abuse, and in other limited instances. All refund requests must be in writing (via email) and include Your name, address, e-mail address, organization name, and the reasons You are requesting a refund. Please send all refund requests to sales@civicchamps.com. The Company is not responsible for refund requests that are not timely received in accordance with this policy for any reason, including, without limitation, Web congestion, addressing mistakes, computer or Internet downtime, or requests submitted by phone or any other manner not expressly provided for in this policy. Company reserves the right to finally determine in its sole discretion whether the criteria for a refund set forth in this policy have been satisfied and to request any additional information relevant to such request.
9. Ownership of Intellectual Property. Civic Champs, Inc. will retain all interest in and to its Product(s), including all documentation, modifications, improvements, upgrades, derivative works, and all other Intellectual Property rights in connection with its Product(s), including Civic Champs, Inc.'s name, logos, and trademarks reproduced through the Product(s). You are not authorized to download, copy, reverse-compile, or reverse-engineer the Company’s Product(s) in any form. The Product(s) are the sole ownership of Civic Champs.
10. Acceptable Use Policy: The Company has the right at any time to discontinue your subscription if you are advocating for or practicing hostility, political intolerance, hatred, or undermining groups of people based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity.
11. No Political Advocacy: The Company does not support 527 nonprofit organizations.
12. Termination of Service: The Company reserves the right to cancel your subscription at any time without disclosing further information. A refund will be provided for the remainder of the subscription.
13. Miscellaneous. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by You except with Company’s prior written consent. The Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and all waivers and modifications must be in writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of Indiana without regard to its conflict of laws provisions. You and Company agree that any judicial proceedings will be brought in the federal or state courts in Indiana and both parties consent to venue and personal jurisdiction thereunder.