Terms of Service

These Terms of Service (“Terms”) form a binding legal agreement between Infāque Social Enterprise Inc. (“Infāque”, “we”, “our”, or “us”) and the organization identified in the account registration (“Customer”, “you”, or “your”) that governs your access to and use of the Infāque platform and related services (the “Service”).

By clicking “I accept” during account registration, or by accessing or using the Service, you confirm that (i) you have read and agree to these Terms and our Privacy Policy, (ii) you are creating an account on behalf of an organization, and (iii) you have the authority to bind that organization to these Terms. If you do not have this authority or do not agree to these Terms, you must not create an account or use the Service.

1. Acceptance and Eligibility

1.1 By accepting these Terms, you represent and warrant that: (a) you are at least the age of majority in your jurisdiction; (b) you have full legal authority to bind the organization on whose behalf you are registering; (c) the organization is a registered charity, nonprofit, or otherwise-qualifying entity permitted to accept donations under the laws of its jurisdiction; and (d) your use of the Service will comply with all applicable laws and these Terms.

1.2 You agree to notify us promptly if any of the representations in Section 1.1 cease to be accurate, including any change to your charitable registration status.

2. Description of Service

Infāque is a donor engagement and fundraising platform operated by Infāque Social Enterprise Inc., a Canadian corporation. The Service enables Customers to:

• Create and embed customizable donation forms;
• Accept one-time and recurring donations through integrated third-party payment processors;
• Manage donor records and track donation history;
• Send email campaigns to donors and supporters;
• Generate tax receipts in the format produced by the Service;
• Sell event tickets, run peer-to-peer and crowdfunding campaigns; and
• Use optional AI-assisted features for donor segmentation, email drafting, and campaign insights.

Feature availability depends on your subscription tier. Current features are described on infaque.com and may change from time to time in accordance with Section 15.

3. Accounts and Self-Serve Onboarding

3.1 Account creation. Account creation is self-serve and automated. Service commences immediately upon successful registration and payment method verification. No manual approval by Infāque is required.

3.2 Accurate information. You are responsible for providing accurate and complete information during registration and for keeping it current.

3.3 Data you import. You are responsible for the accuracy, legality, and permitted use of any data you import into the Service (including donor records migrated from prior systems). Infāque is not liable for errors, omissions, or losses arising from data you import or enter.

3.4 Account security. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us at security@infaque.com without undue delay of any unauthorized access.

3.5 Authorized users. You may permit your employees, contractors, and volunteers to access the Service on your behalf. You remain responsible for their compliance with these Terms.

4. Subscription Tiers, Fees, and Billing

4.1 Subscription tiers. Infāque offers three subscription tiers: Starter, Growth, and Enterprise. Feature inclusions and monthly pricing for each tier are set out on the Pricing page at infaque.com and are confirmed in your account dashboard at signup.

4.2 Billing commencement and cycle. Billing begins on the date you complete account registration and successfully verify a payment method. Your first billing period runs from that date, and subsequent charges are made on the same calendar day each month. If a month does not contain that calendar day, the charge occurs on the last day of the month.

4.3 Transaction fees. In addition to your monthly subscription fee, Infāque charges a transaction fee of 1% per transaction; min $1.00 for transactions greater than CAD $10.00 or USD $10.00 (as applicable to your billing currency). Transaction fees are separate from and in addition to fees charged by third-party payment processors (Stripe, PayPal, Interac). Payment processor fees are the responsibility of the Customer and are governed by the applicable processor's terms.

4.4 Refunds and chargebacks. Infāque transaction fees are non-refundable, including where a donation is refunded to the donor or reversed through a chargeback. You are responsible for any chargeback fees, currency-conversion losses, or negative balances resulting from donor refunds or chargebacks.

4.5 Currency. Each account is denominated in a single billing currency (Canadian Dollars or United States Dollars), selected at signup. All subscription fees, transaction fees, and account balances are calculated and settled in that currency. Donations received in a different currency are converted to the account's billing currency by the applicable payment processor at their published rate, and Infāque's transaction fee is calculated on the converted amount.

4.6 Taxes. All fees are exclusive of applicable taxes (including GST, HST, PST, QST, and applicable US state and local taxes). You are responsible for any such taxes, which will be added where required by law.

4.7 Payment method. Subscription fees and transaction fees are charged to the payment method on file. If a charge fails, we will retry and notify you. If payment is not received within fifteen (15) days of the original due date, we may suspend the Service. Extended non-payment may result in termination under Section 10.

4.8 Fee changes. We may change subscription tiers, features, or fees. We will provide at least thirty (30) days' advance notice by email to your account administrator and by in-product notice. Fee changes take effect at the start of your next billing period following the notice period. Your continued use of the Service after the effective date constitutes acceptance of the changed fees. If you do not agree, you may cancel under Section 5.

5. Cancellation and End of Subscription

5.1 Cancellation by Customer. You may cancel your subscription at any time through your account settings or by writing to support@infaque.com. Cancellation is effective at the end of your current paid billing period. You will not be charged for subsequent periods. There is no cancellation fee, no minimum commitment, and no proration of the current period.

5.2 Access after cancellation. Following the end of your final paid billing period, your access to the Service is limited to the 90-day export window described in Section 6. Live features (including donation form processing, email campaigns, and integrations) will be disabled at the end of the paid billing period.

5.3 Embedded donation forms. Donation forms embedded on your website or third-party sites will display a “This organization is no longer accepting donations through Infāque” message during the 90-day export window and will return an error thereafter. You are responsible for removing or replacing embed codes on your properties.

6. Data Export, Retention, and Deletion

6.1 Right to export. You may request a complete export of your Customer data at any time during an active subscription, and during the 90-day export window following the end of your final paid billing period. Exports include:

• All transaction records in CSV format;
• All donor records in CSV format;
• All tax receipts generated by the Service, as individual PDF files in the format originally produced by the Service (CRA-format receipts for Canadian charities, IRS-format receipts for US nonprofits);
• All campaign data, including campaign settings, content, and performance metrics.

Exports are delivered as a downloadable ZIP archive via a secure link. We will fulfill export requests within seven (7) business days. Most exports are delivered within 48 hours.

6.2 Customer responsibility for long-term retention. You are solely responsible for retaining your donation, donor, and tax receipt records for the periods required by the tax and charitable regulators in your jurisdiction (including the Canada Revenue Agency and the United States Internal Revenue Service). You must complete any long-term record export before the end of the 90-day export window. Infāque does not retain donor transaction records on your behalf beyond the 90-day export window and does not provide long-term archival storage as part of the Service.

6.3 Deletion after export window. At the end of the 90-day export window, we will permanently delete all of your Customer data from active systems. Residual copies in encrypted backup systems are overwritten in the normal course of backup rotation within sixty (60) days thereafter.

6.4 Third-party retention. Certain data may be retained independently by third-party payment processors (Stripe, PayPal, Interac) as required by their own terms and applicable financial regulations. Retention by these third parties is outside Infāque's control and is governed by their respective privacy policies and terms.

7. Data Ownership and Content License

7.1 Customer Data. As between you and Infāque, you own all Customer Data, including donor records, transaction records, tax receipts issued in your name, campaign content, and any content you upload to the Service. Infāque claims no ownership of Customer Data.

7.2 License to Infāque. You grant Infāque a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, display, and back up Customer Data solely as necessary to provide, maintain, and improve the Service, to comply with law, and to enforce these Terms. This license terminates when the corresponding Customer Data is deleted in accordance with Section 6.

7.3 Aggregated data. Infāque may generate aggregated and de-identified analytics from Service usage (such as total donations processed platform-wide, average campaign performance metrics, and similar statistics) that do not identify you, your donors, or any individual. Infāque retains rights to such aggregated and de-identified data. Infāque will not create donor-identifiable analytics for any purpose other than providing the Service to you.

7.4 Infāque IP. The Service, including the platform software, user interface, documentation, and Infāque trademarks, is owned by Infāque Social Enterprise Inc. and protected by Canadian, US, and international intellectual property laws. Except for the rights expressly granted to you in these Terms, no rights in the Service are transferred to you.

7.5 Feedback. If you provide suggestions or feedback about the Service, you grant Infāque a perpetual, irrevocable, royalty-free license to use that feedback without restriction or compensation.

8. AI-Assisted Features

8.1 Optional features. The Service includes optional AI-assisted features, including donor segmentation, email drafting, and campaign insights. These features are provided as productivity aids only.

8.2 Human review required. AI-generated content (including drafted emails, segmentation suggestions, and campaign recommendations) is a recommendation only. You are responsible for reviewing and approving all AI-generated content before it is sent to any donor or published. You are responsible for the accuracy, legality, and appropriateness of any content you send or publish, whether or not that content was AI-assisted.

8.3 No tax or legal advice. AI-generated content does not constitute legal, tax, financial, or fundraising advice. Automatic tax receipt generation is designed to assist with the format of receipts required by the Canada Revenue Agency and the United States Internal Revenue Service based on the transaction data you provide. You are responsible for verifying that each receipt is accurate and compliant with applicable law. Infāque does not warrant that AI-generated content or auto-generated tax receipts will meet all legal requirements in your jurisdiction.

8.4 Data used by AI features. Our processing of Customer Data through AI features, and our arrangements with AI service providers, are described in our Privacy Policy.

9. Customer Responsibilities and Acceptable Use

9.1 Compliance with law. You are solely responsible for ensuring that your fundraising activities, donor communications, tax receipting, and use of collected funds comply with all applicable laws in every jurisdiction in which you operate or solicit donations. This includes charitable solicitation and registration laws, tax laws, consumer-protection laws, and privacy and anti-spam laws.

9.2 CASL and email compliance. When you use Infāque's email tools to send messages to your donors and supporters, you are the sender of those messages. You are responsible for compliance with Canada's Anti-Spam Legislation (CASL), the US CAN-SPAM Act, and any other applicable anti-spam and electronic marketing laws, including obtaining and maintaining records of consent, providing accurate sender identification, and honouring unsubscribe requests.

9.3 Charitable status. You represent that you are a registered charity, nonprofit, or other entity qualified to solicit and receive donations under applicable law, and that all donations processed through the Service will be used for the charitable, nonprofit, or public-benefit purposes represented to donors. You will promptly notify us at compliance@infaque.com if your charitable registration is revoked, suspended, or materially changed.

9.4 Prohibited uses. You will not use the Service to:

• Solicit donations for fraudulent, deceptive, or misrepresented purposes;
• Misrepresent your organization's identity, mission, or use of funds;
• Send unsolicited commercial or political messages in violation of CASL, CAN-SPAM, or similar laws;
• Process payments for goods or services in violation of payment-processor rules;
• Solicit or process payments from any person or entity subject to Canadian or US economic sanctions;
• Upload, store, or transmit content that is unlawful, infringing, defamatory, or that violates any third-party rights;
• Attempt to reverse-engineer, decompile, or otherwise access the source code of the Service;
• Use the Service to develop a competing product or service; or
• Interfere with the operation of the Service or the use of the Service by other Customers.

9.5 Chargebacks and disputes. You are responsible for donor communications and dispute resolution related to donations processed through the Service. Repeated chargebacks or fraud losses may result in suspension or termination under Section 10.

10. Suspension and Termination by Infāque

10.1 Suspension for cause. We may suspend your access to the Service without prior notice if we reasonably believe that continued access poses a security, fraud, legal, or reputational risk to Infāque, other Customers, or donors. We will notify you of any suspension as soon as reasonably practicable.

10.2 Termination for material breach. We may terminate these Terms and your account for material breach if the breach is not cured within thirty (30) days of written notice, or immediately for breaches that are incurable or that pose serious risk (including fraud, illegal use, or repeated CASL violations).

10.3 Termination for non-payment. We may terminate for non-payment thirty (30) days after suspension under Section 4.7.

10.4 Termination for inactivity. We may terminate accounts with no active subscription and no user login for twelve (12) consecutive months. We will provide at least thirty (30) days' email notice before termination for inactivity, and will allow data export during that period.

10.5 Effect of termination by Infāque. On termination by Infāque, Section 6 applies to give you a 90-day export window, except in the case of termination for fraud, illegal activity, or a court order, in which case we may limit or deny access on a case-by-case basis, and only to the extent required by law or by the circumstances giving rise to termination.

11. Third-Party Services

The Service integrates with third-party services, including payment processors (Stripe, PayPal, Interac) and cloud infrastructure (Google Cloud, Firebase). Your use of these third-party services is governed by their respective terms and privacy policies. Infāque is not responsible for the acts or omissions of third-party service providers. Fees charged by third parties (including payment processor fees) are separate from and in addition to Infāque's fees.

12. Warranties and Disclaimers

12.1 Limited warranty. Infāque warrants that the Service will operate in substantial conformity with its published documentation under normal use during any period in which you have a paid subscription. Your sole remedy for breach of this warranty is for Infāque to use commercially reasonable efforts to correct or work around the non-conformity.

12.2 Disclaimer. EXCEPT AS EXPRESSLY SET OUT IN SECTION 12.1, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INFĀQUE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. INFĀQUE DOES NOT WARRANT THAT AUTO-GENERATED TAX RECEIPTS OR AI-GENERATED CONTENT WILL MEET ALL LEGAL OR REGULATORY REQUIREMENTS IN YOUR JURISDICTION.

13. Limitation of Liability

13.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.

13.2 Cap. EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 14, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO INFĀQUE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) CAD $1,000.

13.3 Essential purpose. The limitations in this Section 13 apply notwithstanding any failure of essential purpose of any limited remedy.

13.4 Applicability. Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations in this Section 13 apply to the maximum extent permitted by applicable law.

14. Indemnification

You will defend, indemnify, and hold harmless Infāque, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your breach of these Terms or applicable law; (b) your Customer Data or your use of the Service; (c) your fundraising activities or donor communications; (d) any misrepresentation to donors regarding your organization or use of funds; or (e) any claim by a donor or regulator relating to a tax receipt you issued through the Service. Infāque will (i) promptly notify you of the claim, (ii) grant you sole control of the defence and settlement (provided that any settlement that admits liability or imposes non-monetary obligations on Infāque requires Infāque's written consent), and (iii) reasonably cooperate at your expense.

15. Changes to These Terms

We may modify these Terms from time to time. We will notify you of material changes by email to your account administrator and by in-product notice, at least thirty (30) days before the changes take effect. Non-material changes (such as clarifications, corrections, or updates to reflect changes in third-party services) may take effect immediately upon posting. The “Last updated” and “Version” at the top of these Terms will reflect the effective date of the current version. Prior versions are available on request. Your continued use of the Service after the effective date of any change constitutes acceptance of the changed Terms. If you do not agree, you may cancel under Section 5.

16. General Provisions

16.1 Governing law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The parties attorn to the exclusive jurisdiction of the courts of Toronto, Ontario for any dispute arising out of or related to these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction.

16.2 US Customers. If you are located in the United States, you acknowledge that you may also be subject to applicable US federal and state laws regarding nonprofit operations, charitable solicitation, and consumer protection. Ontario governing law and forum still apply as between you and Infāque under these Terms.

16.3 Entire agreement. These Terms, together with our Privacy Policy and any order form or pricing page confirmation, form the entire agreement between you and Infāque with respect to the Service, and supersede all prior agreements, representations, or communications on that subject.

16.4 Assignment. You may not assign these Terms without Infāque's prior written consent. Infāque may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets, provided the assignee assumes Infāque's obligations under these Terms.

16.5 Force majeure. Neither party will be liable for delay or failure to perform (other than payment obligations) due to causes beyond its reasonable control, including natural disasters, acts of war or terrorism, labour disputes, government actions, and failures of third-party infrastructure.

16.6 Notices. Infāque will send legal notices to your account administrator by email to the address on file. You will send legal notices to Infāque at legal@infaque.com with a copy to the address on our website. Notices are effective on delivery.

16.7 Severability. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be construed to give the maximum effect permitted by law consistent with the parties' intent.

16.8 Waiver. A failure to enforce any provision of these Terms is not a waiver of the right to enforce it later.

16.9 Survival. Sections 6.2 (long-term retention), 7 (data ownership), 9 (customer responsibilities), 12 (disclaimers), 13 (limitation of liability), 14 (indemnification), and 16 (general) survive termination or expiration of these Terms.

16.10 No third-party beneficiaries. These Terms do not create any rights in favour of any third party (including donors).

16.11 Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, agency, joint venture, or employment relationship.

17. Contact

• Questions about these Terms: legal@infaque.com
• Support: support@infaque.com
• Privacy: privacy@infaque.com
• Security incidents: security@infaque.com

Infāque Social Enterprise Inc., 700 - 305 Milner Avenue, Toronto, ON M1B 3V4, Canada