Terms of Service

Last updated: April 27, 2026

These Terms of Service (the “Terms”) govern your access to and use of GiftAgreement.com (the “Service”). This is a placeholder document intended to be reviewed and finalized by qualified legal counsel before commercial release. By accessing the Service you agree to these Terms.

1. Service Description

The Service provides AI-assisted gift agreement creation, auditing, and remediation tools for higher-education advancement teams. Specific features available to your institution depend on the subscription plan in effect.

2. Accounts

Each institution receives a separate organization-level workspace. Authorized administrators are responsible for inviting users, assigning roles, and revoking access when individuals leave the institution. You agree to keep your account credentials confidential and to notify us promptly of any suspected unauthorized access.

3. Acceptable Use

You may not use the Service to (a) violate any law or third-party right; (b) upload malicious code; (c) attempt to gain unauthorized access to systems or other organizations' data; (d) interfere with or disrupt the Service; (e) circumvent rate limits or usage controls; or (f) use the Service to make automated decisions affecting individuals without appropriate human oversight.

4. AI Output

The Service uses third-party large language models to generate audit findings, drafts, and summaries. AI output may be inaccurate, incomplete, or biased. You are responsible for reviewing AI output before relying on it for any consequential decision. The Service does not provide legal, tax, or financial advice.

5. Customer Content

Your institution retains all rights in the gift agreements, fund records, donor data, and other content you submit to the Service. You grant us a limited license to host, process, and display that content solely to provide the Service.

6. Fees and Payment

Fees, billing intervals, and usage limits are described in the order form or subscription agreement signed by your institution. Subscription fees are non-refundable except where required by law.

7. Intellectual Property

We own the Service, including the software, design, and accumulated improvements derived from aggregated, de-identified usage. Nothing in these Terms transfers our intellectual property rights to you, and nothing transfers your institution's rights in customer content to us.

8. Confidentiality

Each party will protect the other's non-public information with the same degree of care it uses for its own confidential information, and at minimum a reasonable degree of care.

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUE. EACH PARTY'S AGGREGATE LIABILITY IS LIMITED TO THE FEES PAID OR PAYABLE FOR THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Termination

Either party may terminate for material breach upon thirty (30) days' written notice if the breach is not cured. Upon termination, we will make customer content available for export for a reasonable period before deletion.

12. Governing Law

These Terms are governed by the laws of the State to be specified in the order form, without regard to conflict-of-law principles.

13. Changes

We may update these Terms; material changes will be communicated to your institution's administrator before they take effect.

14. Contact

Questions about these Terms may be directed to our contact page.