Effective Date: March 21, 2026 | Last Updated: March 21, 2026
These Terms of Service ("Agreement") form a binding legal contract between CharityPack Inc., a company incorporated under the laws of the Province of Ontario, Canada ("CharityPack," "we," "us," or "our"), and the charitable or nonprofit organization or other entity ("Customer," "you," or "your") that registers for, accesses, or uses the CharityPack platform and related services.
By creating an account, accessing the Services, or clicking "I Agree," Customer acknowledges that it has read, understood, and agrees to be bound by this Agreement. If you are accepting this Agreement on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms.
If you do not agree with any provision of this Agreement, do not access or use the Services.
These Terms of Service ("Agreement") form a binding legal contract between CharityPack Inc. and the Customer. This Agreement governs all access to and use of the CharityPack platform and related services.
| Term | Definition |
|---|---|
| "CharityPack" or "Provider" | CharityPack Inc., a company incorporated under the laws of Ontario, Canada |
| "Customer" or "Organization" | The charitable, nonprofit, or other entity that has registered for a CharityPack account |
| "Authorized Users" | Individuals authorized by Customer to access and use the Services on Customer's behalf |
| "Customer Data" | All data, content, and information uploaded to, entered into, or processed through the Services by Customer or its Authorized Users |
| "Constituent Data" | Personal information of donors, volunteers, beneficiaries, event attendees, or other individuals managed by Customer through the Services; a subset of Customer Data |
| "Services" | The CharityPack web-based platform, including all features, APIs, integrations, documentation, and support services made available by CharityPack |
| "Subscription" | The paid plan under which Customer accesses the Services |
| "Subscription Term" | The billing period (monthly or annual) for which access has been purchased |
| "Agreement" | These Terms of Service, together with CharityPack's Privacy Policy, Acceptable Use Policy, and any Order Forms or supplemental agreements incorporated by reference |
| "Confidential Information" | Non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information |
Subject to Customer's compliance with this Agreement and timely payment of all applicable fees, CharityPack grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for Customer's own internal organizational purposes during the Subscription Term.
Customer may permit its Authorized Users to access the Services. Customer is responsible for:
Customer shall not, and shall not permit Authorized Users or any third party to:
As between CharityPack and Customer, Customer retains all right, title, and interest in and to Customer Data, including all Constituent Data. CharityPack claims no ownership interest in Customer Data.
Customer grants CharityPack a limited, non-exclusive, worldwide license to access, receive, host, store, process, and transmit Customer Data solely:
CharityPack will not:
CharityPack may derive and use aggregated, anonymized, de-identified data from Customer Data — data that cannot reasonably identify Customer, any Authorized User, or any Constituent — for the purposes of analytics, benchmarking, product improvement, and research.
Customer represents and warrants that it has all rights, licenses, and consents necessary to upload Customer Data to the Services and to grant CharityPack the rights described in this Section. Customer is solely responsible for the accuracy, quality, legality, and integrity of Customer Data, including ensuring that all required privacy consents have been obtained from Constituents under applicable law in Canada and the United States.
Customer agrees to use the Services only for lawful purposes and in accordance with this Agreement. Customer shall not use the Services to:
CharityPack reserves the right to investigate suspected violations and to suspend or terminate access without prior notice if, in CharityPack's reasonable judgment, an immediate suspension is necessary to protect the platform, other customers, or third parties. CharityPack will provide notice and an opportunity to cure for non-emergency violations.
Access to the Services is provided on a subscription basis. Details of available plans, features, and pricing are described at charitypack.app and are incorporated by reference into this Agreement.
Customer agrees to pay all fees associated with the selected Subscription in accordance with the pricing applicable at the time of purchase. Fees are billed in advance at the start of each Subscription Term. All amounts are in Canadian dollars unless otherwise specified.
Subscriptions automatically renew at the end of each Subscription Term unless Customer provides written notice of cancellation at least 30 days before the renewal date. CharityPack will send a renewal reminder to Customer's primary contact email at least 30 days before each renewal date, including any pricing changes for the upcoming term.
CharityPack reserves the right to modify subscription pricing. Any price changes will be communicated to Customer at least 30 days in advance of the next renewal date. Continued use of the Services after the new pricing takes effect constitutes acceptance of the updated pricing.
If payment is not received within 15 days of the invoice due date, CharityPack may:
CharityPack will restore access promptly upon receipt of all outstanding amounts.
Fees are non-refundable except:
Fees do not include applicable taxes. Customer is responsible for all applicable sales taxes, GST/HST, state and local sales taxes, or other governmental charges arising from its use of the Services, except for taxes on CharityPack's net income.
CharityPack and its licensors retain all right, title, and interest in and to the Services, including all software, code, algorithms, databases, interfaces, documentation, methodologies, features, enhancements, derivative works, trademarks, trade names, logos, and all other intellectual property embodied in or related to the Services.
No rights are granted to Customer except the limited license expressly set out in Section 3.1. Nothing in this Agreement transfers any intellectual property rights from CharityPack to Customer.
If Customer or any Authorized User provides CharityPack with suggestions, ideas, enhancement requests, or other feedback regarding the Services ("Feedback"), Customer grants CharityPack a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and exploit such Feedback for any purpose without compensation, attribution, or obligation to Customer.
Customer shall not use CharityPack's name, logo, trademarks, or other brand elements in any manner without CharityPack's prior written consent, except as necessary to identify CharityPack as Customer's service provider.
Each party (the "Receiving Party") agrees, with respect to the Confidential Information of the other party (the "Disclosing Party"), to:
Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach of this Agreement; (b) was rightfully known to the Receiving Party before disclosure; (c) is independently developed without use of the Disclosing Party's Confidential Information; or (d) is required to be disclosed by law or court order (with prompt notice to the Disclosing Party where legally permitted).
CharityPack warrants that:
Customer warrants that:
CharityPack's total cumulative liability to Customer for all claims, damages, and causes of action arising out of or related to this Agreement shall not exceed the greater of:
The limitations in Sections 10.1 and 10.2 do not apply to:
The parties acknowledge that the limitations of liability in this Section reflect a reasonable allocation of risk and form an essential basis of the bargain between the parties. CharityPack would not have entered into this Agreement without these limitations.
Customer agrees to indemnify, defend, and hold harmless CharityPack Inc. and its officers, directors, employees, contractors, and agents ("CharityPack Indemnitees") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
CharityPack agrees to indemnify, defend, and hold harmless Customer from and against any third-party claims alleging that the Services, as provided by CharityPack and used in accordance with this Agreement, infringe a Canadian or US patent, copyright, trademark, or trade secret, provided that Customer:
This indemnification does not apply to infringement claims arising from Customer's modification of the Services, combination of the Services with third-party products, or Customer's violation of this Agreement.
This Agreement commences on the date Customer first creates an account or accepts these terms and continues for the initial Subscription Term. The Agreement automatically renews at the end of each Subscription Term unless terminated as described below.
Either party may terminate this Agreement at the end of the then-current Subscription Term by providing written notice of non-renewal at least 30 days before the renewal date.
Either party may terminate this Agreement immediately upon written notice if:
CharityPack may terminate or suspend access immediately without prior notice if Customer violates Section 3.3 (Restrictions), Section 5 (Acceptable Use), or any applicable law in a manner that poses immediate risk to the platform or other customers.
Upon termination of this Agreement for any reason:
Following termination, CharityPack will:
CharityPack will provide written confirmation of deletion upon Customer's written request.
The following Sections survive termination of this Agreement for any reason: Sections 2 (Definitions), 4.1 (Customer Ownership), 7 (Intellectual Property), 8 (Confidentiality), 9.3 (Disclaimer), 10 (Limitation of Liability), 11 (Indemnification), 12.5 (Data Export), and 13 (General Provisions).
CharityPack will comply with Canada's Anti-Spam Legislation (CASL) in all commercial electronic messages sent to Customer and its Authorized Users. Each such message will include CharityPack's legal name, mailing address, and contact information, and a simple, free unsubscribe mechanism. Unsubscribe requests will be honored within 10 business days.
For customers and Authorized Users located in the United States, CharityPack also complies with the US CAN-SPAM Act in all commercial email communications. All commercial emails sent to US recipients will include a valid physical postal address and a functioning opt-out mechanism. Opt-out requests will be honored within 10 business days.
Customer is solely responsible for ensuring that its own use of any email, messaging, or communications features within the Services — including any communications sent by Customer to its Constituents through the platform — complies with CASL, the CAN-SPAM Act, and all other applicable anti-spam laws in the jurisdictions where Customer operates. Customer represents and warrants that it has obtained all required consents before sending commercial electronic messages to Constituents through the Services.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to any conflict of law principles that would require the application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Before initiating any formal dispute process, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or related to this Agreement through good-faith negotiation. The party raising the dispute shall notify the other in writing, and both parties agree to designate senior representatives to meet and attempt to resolve the matter within 30 days of the notice.
If informal negotiation does not resolve the dispute within 30 days, the parties agree to attempt resolution through mediation under the rules of the ADR Institute of Canada (ADRIC). The mediation shall be conducted in English in Toronto, Ontario. Costs of mediation shall be shared equally.
If mediation fails or is not completed within 60 days of initiation, the dispute shall be resolved by binding arbitration in accordance with the Arbitration Act, 1991 (Ontario). The arbitration shall be conducted in Toronto, Ontario, in English, before a single arbitrator agreed upon by both parties. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from any court of competent jurisdiction to protect its intellectual property rights, confidential information, or to prevent imminent irreparable harm, without first engaging the dispute resolution process above.
To the maximum extent permitted by applicable law, each party waives the right to bring or participate in any class action, collective action, or consolidated arbitration arising out of or related to this Agreement.
This Agreement, together with CharityPack's Privacy Policy, Acceptable Use Policy, and any Order Forms or Subscription confirmations, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior negotiations, representations, warranties, and understandings of the parties.
In the event of a conflict between these Terms of Service and any Order Form or Subscription confirmation, the Order Form or Subscription confirmation shall prevail with respect to the specific subject matter of the conflict.
CharityPack reserves the right to modify this Agreement at any time. For material changes, CharityPack will provide at least 30 days' advance written notice to Customer's primary contact email. Continued use of the Services after the effective date of any modifications constitutes acceptance of the updated Agreement. If Customer does not agree to material changes, Customer may terminate the Agreement before the effective date of the changes.
If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall remain in full force and effect.
No failure or delay by either party to exercise any right under this Agreement shall constitute a waiver of that right. Any waiver must be in writing and signed by an authorized representative of the waiving party.
Customer may not assign, transfer, or sublicense this Agreement or any rights under it without CharityPack's prior written consent. CharityPack may freely assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, with notice to Customer. Any attempted assignment in violation of this Section is void.
Neither party will be liable for failure to perform any obligation under this Agreement to the extent that performance is delayed or prevented by circumstances beyond that party's reasonable control, including natural disasters, government actions, power failures, or internet infrastructure outages, provided the affected party gives prompt notice to the other party.
All legal notices required or permitted under this Agreement must be in writing and delivered to:
Notices are effective upon confirmed receipt.
The parties are independent contractors. Nothing in this Agreement creates an employment, partnership, agency, franchise, or joint venture relationship between CharityPack and Customer.
This Agreement is for the sole and exclusive benefit of the parties. Nothing in this Agreement creates any rights in any third party.
This Data Processing Addendum ("DPA") is incorporated into and forms part of the CharityPack Terms of Service. It applies when CharityPack processes Customer Data or Constituent Data on behalf of Customer in connection with the Services, and Customer is subject to PIPEDA, Quebec Law 25, applicable US state privacy laws, GDPR, or similar data protection legislation.
Customer is the data controller with respect to Customer Data and Constituent Data. CharityPack is the data processor acting on Customer's documented instructions.
| Element | Details |
|---|---|
| Subject Matter | Processing of Customer Data to provide the CharityPack Services |
| Duration | For the duration of the Subscription Term plus any post-termination retention period |
| Nature of Processing | Storage, retrieval, organization, structuring, transmission, and deletion |
| Purpose | Delivery of the CharityPack platform and Services as described in the Terms of Service |
| Categories of Data | Contact data, giving history, volunteer records, event data, communications (as uploaded by Customer) |
| Data Subjects | Customer's donors, volunteers, beneficiaries, staff, and other Constituents, who may be located in Canada, the United States, or other jurisdictions |
CharityPack agrees to:
CharityPack uses the subprocessors listed at charitypack.app/subprocessors. CharityPack will notify Customer at least 30 days in advance of adding new subprocessors. Customer may object to a new subprocessor within 15 days of notification. If the parties cannot resolve the objection, Customer may terminate the Agreement without penalty.
Where Customer Data includes personal information of individuals who are residents of US states with applicable privacy laws (including California, Colorado, and New Jersey), CharityPack and Customer acknowledge their respective roles as processor and controller under those laws. CharityPack will not: (a) sell Customer's personal information; (b) retain, use, or disclose Customer's personal information outside of the direct business relationship established by this Agreement; or (c) combine Customer's personal information with personal information from other sources except as permitted under applicable law.
Upon Customer's written request, CharityPack will make available information necessary to demonstrate compliance with this DPA, and will permit Customer or its designee to conduct a privacy/security audit, subject to reasonable prior notice, confidentiality obligations, and cost-sharing agreed between the parties.
CharityPack Inc. — charitypack.app — Last Updated: March 21, 2026
Questions? Contact us at legal@charitypack.app