1. The agreement
These Terms of Service (the "Terms") are a legal agreement between RallySoft, LLC ("RallySoft," "we," "us") and the nonprofit organization that signs up to use Fieldr (the "Customer," "you"). By creating a Fieldr account or using the service, you agree to these Terms. If you are accepting on behalf of an organization, you represent that you are authorized to bind that organization.
2. The service
Fieldr is a software platform that helps nonprofit organizations manage volunteers, events, sign-ups and lotteries, grant applications, and related operations. We may update, improve, or change features of the service over time.
3. Free trial
We may offer a free trial of Fieldr. Unless we agree otherwise in writing, the standard free trial lasts 30 days and does not require payment information to begin. During the trial you may use the service as described in these Terms.
At the end of the trial, you may choose to subscribe to a paid plan to continue using the service. If you do not subscribe, your access may be suspended or ended, and your data will be handled as described in §11.
4. Fees and payment
Paid plans are billed at the rates shown at sign-up or as otherwise agreed in writing. Unless stated otherwise, fees are billed in advance on a recurring basis, are non-refundable except where required by law, and may be changed on reasonable notice. You are responsible for any applicable taxes. Payments are processed by a third-party payment processor.
5. Your data and your responsibilities
You retain ownership of the data you and your volunteers put into Fieldr ("Customer Data"). You grant RallySoft the rights needed to host, process, and display that data to provide the service.
You are responsible for your use of Fieldr and for your Customer Data, including that:
- You have the right to collect and upload the volunteer information you put into Fieldr, and to use it as you do within the service.
- You have obtained any consents from your volunteers that the law requires for collecting and using their information.
- Your volunteers are adults (18 or older), consistent with our Privacy Policy.
- You will keep your account credentials secure and are responsible for activity under your account.
6. Acceptable use
You agree not to misuse the service. You will not: use Fieldr to break the law; upload unlawful, infringing, or harmful content; attempt to access another organization's data; interfere with or disrupt the service; or reverse-engineer, resell, or copy the platform except as allowed by these Terms.
7. Ownership
RallySoft owns the Fieldr platform, including its software, design, and trademarks. These Terms do not transfer any ownership of the platform to you. You may use Fieldr only as permitted by these Terms. We may use aggregated, de-identified data that does not identify you or any individual to operate and improve the service.
8. Disclaimer of warranties
FIELDR IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, RALLYSOFT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
9. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, RALLYSOFT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, OR DATA. RALLYSOFT'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO RALLYSOFT FOR THE SERVICE IN THE [TWELVE (12)] MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
10. Indemnification
You agree to defend and indemnify RallySoft against claims, losses, and expenses arising from your Customer Data, your use of the service, or your breach of these Terms, including claims that your collection or use of volunteer information violated the law or a third party's rights.
11. Term, termination, and data export
These Terms apply for as long as you use Fieldr. Either party may end the agreement: you may cancel at any time, and we may suspend or end your access if you breach these Terms or fail to pay. On termination, your right to use the service ends.
For a reasonable period after termination, you may request an export of your Customer Data. After that period, we will delete or de-identify your Customer Data as described in our Privacy Policy, except where we are required to retain records by law.
12. Governing law
These Terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in [Hennepin County], Minnesota, and you consent to the jurisdiction of those courts.
13. Changes to these terms
We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date and, where appropriate, notify you. Your continued use of Fieldr after changes take effect means you accept the updated Terms.
14. Contact
Questions about these Terms? Email hello@rallysoft.io, or write to RallySoft, LLC, Minneapolis, Minnesota.