Terms of Use

Last updated: 10 September 2026

1. About these Terms

These Terms of Use (“Terms”) govern your access to and use of the websites, software platform, and professional services provided by Donation Engine (“Donation Engine”, “we”, “us”, or “our”), a business operating from 2875 14th Ave, Markham, Ontario L3R 5H8, Canada.

By accessing our website, creating an account, or engaging our services, you agree to these Terms. If you are entering into these Terms on behalf of an organisation, you confirm that you have authority to bind that organisation, and “you” refers to that organisation. If you do not agree to these Terms, do not use our services.

2. Definitions

• Platform means our hosted fundraising software, including funnels, donor CRM, campaign automation, analytics and related features.
• Agency Services means the managed services we may provide, including fundraising strategy, creative production, media buying and campaign management.
• Client Content means any material you upload, submit or make available through the Platform, including copy, images, video, branding and campaign assets.
• Donor Data means personal information relating to your donors and supporters that is collected, stored or processed through the Platform on your behalf.

3. Eligibility and accounts

You must be at least 18 years old and legally capable of entering into binding contracts. You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You must notify us promptly at info@donationengine.io if you become aware of any unauthorised use.

You agree to provide accurate, current and complete information during registration and to keep that information up to date.

4. Our services

We provide the Platform on a subscription basis and may separately provide Agency Services under a written statement of work or proposal. Where a signed agreement, order form or statement of work exists between us, that document governs in the event of any conflict with these Terms.

We may modify, enhance or discontinue features of the Platform. Where a change materially reduces core functionality you rely on, we will give you reasonable notice.

5. Your responsibilities

You are solely responsible for:

• the accuracy, legality and appropriateness of all Client Content and fundraising claims you publish;
• holding and maintaining any charitable registration, licence, permit or authorisation required to solicit donations in each jurisdiction where you fundraise;
• issuing tax receipts and meeting all charitable reporting and accounting obligations;
• the lawful basis on which you collect and use Donor Data, and for providing your donors with any required privacy notices and consent mechanisms;
• complying with all applicable laws, including anti-spam legislation such as Canada’s Anti-Spam Legislation (CASL), the U.S. CAN-SPAM Act, and equivalent rules governing email, SMS and messaging communications;
• complying with the terms, advertising policies and acceptable use rules of any third-party platform used in your campaigns.

You warrant that you own or have all necessary rights to Client Content and that it does not infringe the rights of any third party.

6. Acceptable use

You must not use our services to:

• solicit funds fraudulently, or misrepresent the identity, purpose, registration status or financial position of any organisation or appeal;
• misrepresent how donations will be used, or the proportion of funds reaching a stated cause;
• upload malicious code, attempt to gain unauthorised access to our systems, or interfere with the operation or security of the Platform;
• send unsolicited communications in breach of applicable anti-spam law;
• publish content that is unlawful, defamatory, harassing, discriminatory, or that exploits or endangers any person;
• reverse engineer, decompile, copy, resell, sublicense or create derivative works from the Platform;
• use the Platform to launder money, finance terrorism, or evade sanctions.

We may suspend or terminate access immediately, without refund, where we reasonably believe this section has been breached.

7. Fees, billing and refunds

Fees are set out in your order form, proposal or subscription plan. Unless stated otherwise, fees are quoted exclusive of applicable taxes, are billed in advance, and are non-refundable except where required by law or expressly agreed in writing.

Subscriptions renew automatically for successive terms unless cancelled before the renewal date. Late payment may result in suspension of services. Advertising spend, third-party licences and payment processing fees are separate from our fees and are your responsibility unless your agreement states otherwise.

8. Third-party services and payment processing

The Platform integrates with third-party services, which may include payment processors, advertising platforms, messaging providers and analytics tools. Your use of those services is governed by their own terms and privacy policies.

Donation Engine is not a payment processor, financial institution, money transmitter or charitable trustee. We do not take custody of donated funds. Donations are processed by third-party processors directly to your merchant account or payment provider, and settlement, chargebacks, holds and disputes are matters between you, your donors and that processor. We are not responsible for the acts, omissions, availability, fees or decisions of any third-party provider.

9. Intellectual property

The Platform, our website, and all software, designs, templates, documentation, trade marks and know-how comprised in them remain our exclusive property or that of our licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal fundraising purposes during your subscription term.

You retain all rights in Client Content and Donor Data. You grant us a non-exclusive licence to host, reproduce, adapt and display Client Content strictly as necessary to deliver the services to you.

Where we create bespoke campaign assets for you under Agency Services, ownership of those deliverables transfers to you on full payment, excluding any underlying templates, frameworks or tooling that remain ours.

We may reference your organisation’s name and logo as a client in our marketing. You may withdraw that permission at any time by writing to us.

10. Data protection

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.

Where we process Donor Data through the Platform, we do so as a service provider acting on your documented instructions. You remain responsible for determining the purposes and means of that processing. Where required, the parties will enter into a separate data processing agreement.

11. Confidentiality

Each party may receive non-public information belonging to the other. Each party agrees to protect the other’s confidential information with at least reasonable care, to use it only to perform under these Terms, and not to disclose it except to personnel and advisers bound by equivalent obligations, or where disclosure is required by law.

12. No guarantee of results

We do not guarantee any specific fundraising outcome. Any figures, case studies, projections or examples shown on our website or in our proposals describe past results or illustrative scenarios and are not a promise or forecast of the results you will achieve. Fundraising performance depends on many factors outside our control, including your cause, audience, brand, budget, timing, offer, third-party platform behaviour and wider economic conditions.

13. Service availability

We aim to keep the Platform available and secure, but we do not warrant uninterrupted or error-free operation. Access may be suspended for maintenance, updates, security incidents or circumstances beyond our reasonable control.

14. Disclaimer of warranties

To the maximum extent permitted by law, the services are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. Nothing in these Terms excludes any warranty or condition that cannot lawfully be excluded.

15. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, donations, goodwill, data or anticipated savings, however caused and under any theory of liability.

Our total aggregate liability arising out of or relating to these Terms or the services, in any twelve-month period, shall not exceed the total fees you paid to us for the services in the twelve months immediately preceding the event giving rise to the claim.

These limitations do not apply to liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited.

16. Indemnification

You agree to indemnify and hold harmless Donation Engine and its officers, employees and contractors from any claim, demand, loss, liability, cost or expense (including reasonable legal fees) arising out of or relating to: your Client Content; your fundraising activities or appeals; your breach of these Terms or of applicable law; your handling of Donor Data; or your use of third-party services.

17. Term, suspension and termination

These Terms apply for as long as you use our services. Either party may terminate a subscription at the end of the then-current term by giving written notice before renewal. Either party may terminate immediately for material breach that remains uncured 30 days after written notice.

On termination, your right to access the Platform ends. We will make your Donor Data available for export for 30 days following termination, after which we may delete it in line with our retention practices. Sections that by their nature should survive termination will survive.

18. Changes to these Terms

We may update these Terms from time to time. Where changes are material, we will provide notice by email or through the Platform before they take effect. Continued use after the effective date constitutes acceptance.

19. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it, without regard to conflict of laws rules. The parties submit to the exclusive jurisdiction of the courts of Ontario, Canada, subject to any non-waivable rights you have to bring proceedings in your place of residence.

Before commencing proceedings, the parties agree to attempt in good faith to resolve any dispute through discussion for a period of 30 days following written notice.

20. General

If any provision is found unenforceable, the remainder continues in force. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for failure to perform due to events beyond its reasonable control. These Terms, together with any order form, statement of work and our Privacy Policy, constitute the entire agreement between the parties.

21. Contact

Questions about these Terms can be sent to:

Donation Engine
2875 14th Ave, Markham, Ontario L3R 5H8, Canada
Email: info@donationengine.io
Phone: 647-258-5646