Terms of Use

Last Updated March 1, 2023

Welcome to MoneyMinder®, an online finance management tool designed especially for volunteer-run nonprofits, and provided to you by NonProfit Central Inc. These Terms of Use (“Terms”) explain our obligations as a service provider, and your obligations as a user of our services. Please read them carefully. “You” are also referred to as “Subscriber” and such terms are used interchangeably in these Terms and is the person or entity executing these Terms. Nonprofit Central Inc. is as referred to as “we,” or “our” and such terms are used interchangeably in these Terms.

Acceptance of Terms

Please read these Terms carefully before using our software services and all other services provided on our website, www.moneyminder.com (collectively and individually, the “Services”). These Terms govern use of all of our Services. These Terms set forth the legally binding terms and conditions for your use of the Services. By using the Services in any manner, you accept and agree to be bound and abide by these Terms and our Privacy Policy, available at www.moneyminder.com/privacy and incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, please refrain from accessing or using the Services.

You agree that we may change these Terms on thirty (30) days’ notice, which shall in case of such changes be provided by posting such changes to www.moneyminder.com.

Accessing the Services and Account Security

We at NonProfit Central Inc. will do our best to ensure the Services are operational at all times, except for periodic down times relating to updates and maintenance. We will not be liable if for any reason www.moneyminder.com is unavailable at any time or for any period. We are not held responsible for Internet outages, equipment failure, faulty connections, or other connectivity issues.

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all information you provide is correct, current, and complete. You agree that all information you provide to register with NonProfit Central Inc. is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any account, username, password or other identifier at any time in our sole discretion for any or no reason, including if, in our sole discretion, you have violated any provision of these Terms.

Grant of License

We grant Subscribers and Subscribers’ authorized users the right to access and use the Services. This right is non-exclusive, non-transferable, and limited by and subject to these Terms.

The License does not guarantee any results, and we are not responsible for any particular result.

NOT PROFESSIONAL ADVICE

WE ARE NOT YOUR ACCOUNTANT OR A TAX PROFESSIONAL AND USE OF THE SERVICES DOES NOT CONSTITUTE ACCOUNTING OR TAX ADVICE.

You remain solely responsible for complying with all applicable accounting, tax, and other laws. While we may provide tax forms and guidance, we are not responsible for any errors in your tax form selection, data, inputted information, calculations, or conclusions. If you have any accounting questions, please contact an accountant.

Please also note that we do not pay any funds on your behalf to the Internal Revenue Service or to any other federal, state, or local agency on your behalf. You remain solely responsible for the accurate and timely filing of all forms and the payment of all taxes.

Subscribers and Guest Users

“Subscriber” refers to the individual or entity who registers for the Services on the www.moneyminder.com website and agrees to these Terms. Subscribers are generally treasurers of nonprofit organizations but may be any individual within the organization who completes registration on behalf of the entity. NonProfit Central Inc. does not independently verify or authenticate user identities, positions, or status within any organization. Subscribers are solely responsible for determining who will be granted access to the Services. All of Subscriber’s users, including authorized guests, are bound by these Terms and Subscriber agrees to take all actions to ensure any of Subscriber’s users and guests comply with these Terms.

User Obligations

As a condition of these Terms, when accessing and using the Services, you must:

Only use the Service and moneyminder.com website for lawful business purposes, in accordance with these Terms.
Ensure that all usernames and passwords required to access the Services are kept secure and confidential, and immediately notify NonProfit Central Inc. of any unauthorized use of your passwords or any other breach of security.
Assume full responsibility for the truth, accuracy, management, and backup of all data and information you enter into the software, including all contact lists.
Not attempt to undermine the security or integrity of NonProfit Central Inc.’s software systems or networks.
Not use, or misuse, the Services in any way that may impair the functionality of the Services or the moneyminder.com website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or website.
Not attempt to gain unauthorized access to any information or materials other than those to which you have been given express permission to access.
Not transmit, or input into the website, any files that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use.
Not post or transmit any advertisements, solicitations, chain letters, investment opportunities, other schemes, or any unsolicited commercial communication through the Services or the website, and not engage in spamming or flooding of any kind to any members of your or any other organization’s contact lists.
Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any software, code, or programs used to deliver the Services or to operate the moneyminder.com website.
Not use any robot, spider, or other automatic device, process, or means to access the Website and/or Services for any purpose, including monitoring or copying any of the material on the Website and/or Services.
Not introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Not transmit, or procure the sending of, any advertising or promotional material including any "junk mail," "chain letter," "spam," or any other similar solicitation.

Use of Third-Party Services

We may use third-party products and services for functions such as online payment processing, data syncing, credit reporting or monitoring, billing, data storage and management, information services, and collection and preparation of third-party forms and publications. NonProfit Central Inc. is not affiliated with and does not control any third-party products or services, nor do we endorse any third-party products or services. As such, NonProfit Central Inc. is not responsible for third-party products and services. Any and all liability arising out of your use of the third-party products and services (if any) is solely between you and the third-party providers.

The following provisions apply to your use of third-party products and services, including, but not limited to: Yodlee, Square, Stripe, Paypal, and any other third-party products and services that we may add in our discretion from time to time.

You are solely responsible for your relationship with third parties. If you decide to use or access any third-party products and services, you acknowledge and agree that: (i) you are responsible for complying with all third-party terms and any requirements imposed by any third-party providers, (ii) unless we notify you otherwise, you are solely responsible for payment of any applicable charges or fees, and (iii) you will not use the third-party products and services in a manner that infringes or violates the rights of us or any other third party, or for any criminal, fraudulent, or other unlawful activity.
You may be required to create additional credentials in order to use or access third-party products or services. If you access third-party products or services from within the Services, then you grant NonProfit Central Inc. permission to store your credentials for the third-party products and services, and you expressly appoint NonProfit Central Inc. as your agent with all necessary rights to use your credentials on your behalf and to collect, send, receive, retrieve, process, and store information from these products and services on your behalf. You agree to let NonProfit Central Inc. interact with third-party products and services for you.
The data contained in third-party products and services may not always be up to date. The latest data may not always be reflected on the www.moneyminder.com website or in the Services. You agree that in cases of important data, or where you require the most up-to-date information (such as financial transactions, bank records, or other important decisions), you will consult the provider of the information directly. If you note a discrepancy between data viewed via our Services, the third-party products and services, or the source of the data, please check with the source. NonProfit Central Inc. does not monitor and has no obligation to monitor any of your content or other data that is stored, inputted, or processed to the website or Services.

Confidentiality

Use of the Services may involve the uploading and sharing of sensitive data and financial information. NonProfit Central Inc. will use best efforts to preserve the confidentiality of all Confidential Information obtained in connection with these Terms and will not disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms. For the purposes of these terms, "Confidential Information" includes all information provided or inputted by you to the www.moneyminder.com website or Services that is generally not made available to the public, but does not include information that is, or becomes, publicly available or information that we obtain from another source.

Intellectual Property

The website at www.moneyminder.com and all original content, features, tools, names, user interfaces, code, and functionality provided in connection with the website, including each of the Services, are owned by NonProfit Central Inc. and are protected by United States copyright, trademark, trade secret and other intellectual property or proprietary rights laws. None of the content of the Services may be downloaded, copied, reproduced, reversed engineered, transmitted, stored, sold, or distributed without the prior written consent of NonProfit Central Inc.

Ownership of User Data

Title to, and all intellectual property rights in, data and information inputted by any Subscriber remains the property of that Subscriber. NonProfit Central Inc. is granted a license to use, copy, transmit, store, and backup user information and data for the purposes of enabling our Subscribers to access and use the Services and for any other purpose related to the provision of the Services.

Backup of Data

We highly recommend that you back up copies of all data inputted into the Services. NonProfit Central Inc. adheres to best practice policies and procedures to prevent data loss but does not make any guarantees that there will be no loss of data. NonProfit Central Inc. expressly excludes liability for any loss of data, no matter how caused.

Termination

Trial Periods

When you first sign up for access to the Services, you may be offered the opportunity to evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If you choose not to continue using the Services, you may delete your account and terminate the Services without charge.

Subscriptions and Fees

Should you wish to subscribe to the Services, you will choose a subscription and add-on options that best fit your needs. Should you wish not to renew your account, you may do so by contacting NonProfit Central Inc. at [email protected]. NonProfit Central Inc. does not provide refunds for unused portions of subscriptions.

Breach

In the event that you or any authorized user or guest on your account breaches any of these Terms or if you fail to make any payments owed in connection with your use of the Services, NonProfit Central Inc. may take any or all of the following actions, at its sole discretion:

Terminate these Terms and your use of the Services and the moneyminder.com website;
Suspend your use of the Services and the website for any definite or indefinite period of time; and/or
Suspend or terminate access to all or any user data.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY TOOLS AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL NONPROFIT CENTRAL INC., ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, ANY OF THE WEBSITE OR OUR SERVICES, OR SUCH OTHER WEBSITES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You hereby agree to defend, indemnify, and hold harmless us and our affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to any use of the Service, excluding our willful or gross negligence.

Waiver and Severability

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Relationship

Nothing hereunder shall be deemed to create any form of partnership, principal-agent relationship, employer-employee relationship, or joint venture between us and you. You shall have no authority to speak for or bind us, nor incur obligations on behalf of us, unless expressly authorized by us or our designee(s).

Dispute Resolution Process

Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting NonProfit Central Inc. directly. In the event that we are unable to resolve a complaint or concern you may have to your satisfaction, we each agree to resolve those disputes through binding arbitration. Any and all disputes must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to NonProfit Central Inc. at [email protected]. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules. The parties shall request the appoint of an arbitrator by Judicial Arbitration and Mediation Services. We agree the decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Dispute Resolution Process shall survive expiration, termination or rescission of these Terms and of your use of the Services.

Entire Agreement

These Terms, together with our Privacy Policy, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and NonProfit Central Inc. relating to the Services.

Governing Law and Jurisdiction

All matters relating to the Services and to these Terms, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without giving effect to any choice or conflict of law provision or rule. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Whatcom County, Washington or federal court for Washington.

Notices

Any notice given under these Terms to you by NonProfit Central Inc. will be sent to the email address provided by the Subscriber when setting up access to the Services and will be deemed to have been given upon transmission.