Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites, applications, integrations, and services (collectively, the "Services") provided by Kindora, PBC, a Delaware public benefit corporation ("Kindora," "we," "us," or "our"). Please read them carefully — they include important provisions about how the Services may be used, our AI-generated outputs, payments, and dispute resolution.

1. Acceptance of Terms

By creating an account, signing in, or otherwise using the Services, you agree to be bound by these Terms and by our Privacy Policy at https://kindora.co/privacy. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you and that organization. If you do not agree to these Terms, do not use the Services.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a contract to use the Services. The Services are intended for use by nonprofits, mission-driven organizations, fundraising consultants, foundations, and the individuals who work for them. You may not use the Services if you are located in, under the control of, or a national or resident of any country subject to U.S. embargo or sanctions, or if you appear on any U.S. Government list of restricted parties.

3. Description of the Services

Kindora provides AI-powered funder intelligence, grant prospecting, intelligence briefs, grant drafting assistance, donor and prospect research, and integrations with third-party fundraising and donor-management systems (including, where you enable them, Blackbaud Raiser's Edge NXT and similar platforms). The specific features available to you depend on your subscription plan. We may add, modify, or discontinue features over time.

4. Accounts and Security

To access most features you must create an account. You agree to provide accurate and complete information when registering and to keep that information current. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly at security@kindora.co if you suspect unauthorized access. You may not share your account with others or transfer it without our consent.

5. Subscriptions, Billing, and Refunds

Some Services are offered free of charge; others require a paid subscription. The current plans and prices are described at https://kindora.co/pricing.

• Paid plans are billed in advance on a monthly or annual basis depending on the plan you choose. Fees are charged to the payment method you provide and processed through our third-party payment processor, Stripe.
• Subscriptions automatically renew at the end of each billing period at the then-current rate, unless you cancel before the renewal date. You can cancel at any time from your account settings; cancellation takes effect at the end of your current paid period.
• If you upgrade from a free plan to a paid plan for the first time, you may request a full refund of that first paid month within 14 days of the upgrade by emailing billing@kindora.co. After that 14-day window, paid fees are non-refundable except where required by law, and we do not provide pro-rated refunds for cancellations during a paid period.
• AI-generated outputs (such as Intel Briefs and grant drafts) may consume AI credits or similar metered units associated with your plan. Credit costs are disclosed before each chargeable action. Unused credits do not roll over beyond the periods stated in your plan unless we specify otherwise.
• Prices do not include taxes unless stated. You are responsible for any applicable taxes, withholdings, or duties.
• We may change subscription prices for future billing periods. We will provide reasonable advance notice, and your continued use after the change takes effect constitutes acceptance of the new price.

6. Acceptable Use

When you use the Services, you agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law, regulation, or third-party rights;
• Attempt to circumvent usage limits, rate limits, AI-credit limits, or security or access controls;
• Scrape, harvest, or systematically extract data from the Services, except as expressly permitted by our APIs and your plan;
• Reverse engineer, decompile, or attempt to derive the source code of the Services or any AI model underlying them, except to the extent applicable law expressly permits;
• Interfere with, disrupt, or attempt to gain unauthorized access to the Services, other users' accounts, or any underlying networks or systems;
• Use the Services or any Output to develop a directly competing product or to train any AI model;
• Use the Services to harass, defame, threaten, impersonate, or harm any person; to generate sexually explicit material involving minors; to facilitate fraud or deception; or to produce or distribute spam, malware, or unlawful content;
• Use the Services in any application where errors, downtime, or inaccurate outputs could result in personal injury, significant property damage, or other material harm without independent human review;
• Use the Services in a manner that violates the terms of any third-party platform you connect to Kindora (including, without limitation, Blackbaud Raiser's Edge NXT and other CRM systems).

7. AI-Generated Outputs

Many features of the Services rely on large language models and other artificial intelligence systems, including services from Anthropic, OpenAI, Perplexity, and others. AI-generated content — including funder matches, fit scores, Intel Briefs, drafted emails or grant narratives, board-member and relationship inferences, and similar outputs (collectively, "Outputs") — is generated by statistical models and may be incomplete, out of date, biased, or factually incorrect. Outputs are provided for informational purposes only and do not constitute legal, financial, tax, fundraising, or professional advice. You are solely responsible for reviewing, verifying, and exercising independent professional judgment before relying on or acting on any Output, particularly for outreach to funders or donors, grant submissions, due-diligence decisions, or compliance with applicable laws. To the extent we have rights to assign, we assign to you all rights, title, and interest in the Outputs generated specifically for your account, subject to these Terms and to the rights of underlying model providers and data sources. You acknowledge that other users may receive substantially similar Outputs and that we make no warranty of exclusivity.

8. Your Data

You retain all rights in the data, documents, and other materials you submit to the Services ("Customer Data"). You grant Kindora a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process, display, and otherwise use Customer Data solely as needed to operate, secure, and improve the Services for you, to provide support, and to comply with law. We do not sell Customer Data, and we do not use Customer Data to train Kindora's, Anthropic's, OpenAI's, or any other third party's underlying AI models. Our handling of personal information is further described in our Privacy Policy at https://kindora.co/privacy. You represent that you have all rights necessary to submit Customer Data to the Services and that doing so does not violate any law or third-party right.

9. Third-Party Services and Integrations

The Services use and interoperate with third-party providers, including infrastructure providers, AI model providers (Anthropic, OpenAI, Perplexity, and others), payment processors (Stripe), analytics and error-monitoring tools (PostHog, Sentry), email providers (Resend), and CRM and fundraising platforms you choose to connect (including Blackbaud Raiser's Edge NXT). When you authorize an integration, you authorize Kindora to access, retrieve, transmit, store, and process data from that third-party service as necessary to provide the Services, in accordance with the scopes you authorize and the third party's terms. Third-party services are not under our control, and your use of them is subject to their own terms and privacy policies. We are not responsible for the availability, accuracy, or content of third-party services, and we may disable an integration if a third-party provider requires it or if it is being used in violation of these Terms.

10. Intellectual Property

The Services, including all software, designs, text, graphics, logos, trademarks, the Kindora name and mark, the underlying foundation and grant database, and any improvements or derivative works (other than Customer Data and Outputs as described above), are and remain the property of Kindora and its licensors and are protected by U.S. and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services in accordance with these Terms and your subscription plan. All rights not expressly granted are reserved. Feedback you provide about the Services may be used by Kindora without restriction or obligation.

11. Warranty Disclaimer

THE SERVICES AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, KINDORA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. We do not warrant that any Output will be accurate, complete, current, or suitable for any particular purpose, that the Services will meet your requirements, or that any errors will be corrected.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINDORA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; FOR LOST PROFITS, LOST REVENUES, LOST DONATIONS OR GRANTS, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, OR LOSS OR CORRUPTION OF DATA; OR FOR THE COST OF SUBSTITUTE SERVICES, WHETHER ARISING UNDER CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO KINDORA IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100). Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless Kindora and its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services in violation of these Terms or applicable law; (b) Customer Data you submit to the Services or your authorization of any third-party integration; (c) your use of Outputs, including any communications or applications sent to funders, donors, or other parties based on Outputs; or (d) your infringement of any third-party right. We will give you prompt notice of any such claim and reasonable cooperation in the defense, and you will not settle any claim that imposes obligations on us without our prior written consent.

14. Termination and Data Export

You may stop using the Services at any time and may cancel a paid subscription from your account settings. We may suspend or terminate your account or access to the Services at any time, with or without notice, if we believe you have violated these Terms, if required by law, or if continued provision creates an unreasonable risk to Kindora or other users. We may also discontinue free-tier access on reasonable notice. For thirty (30) days after termination of a paid subscription, we will, on your request, make a reasonable effort to allow you to export Customer Data through our standard export tools. After that period, we may delete Customer Data in accordance with our Privacy Policy. Provisions that by their nature should survive termination (including Sections 7, 8, 10, 11, 12, 13, 16, and 17) will survive.

15. Changes to the Terms

We may update these Terms from time to time. If we make a material change, we will provide reasonable advance notice (for example, by email, in-product notice, or by updating the Last Updated date and posting the revised Terms). Your continued use of the Services after the effective date of the change constitutes acceptance of the updated Terms. If you do not agree to a material change, your remedy is to stop using the Services and, if you have a paid subscription, to cancel it.

16. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. Before filing any formal claim, the parties agree to attempt in good faith to resolve the dispute by sending written notice to the other party (to legal@kindora.co for Kindora) describing the dispute in reasonable detail, and to participate in informal discussions for at least sixty (60) days. If the dispute is not resolved within that period, either party may bring a legal action exclusively in the state or federal courts located in New Castle County, Delaware, and each party irrevocably consents to the personal jurisdiction and venue of those courts. Each party waives any right to a jury trial. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

17. General

These Terms, together with our Privacy Policy and any plan-specific terms presented at sign-up, constitute the entire agreement between you and Kindora regarding the Services and supersede all prior agreements on the same subject. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries. Notices to Kindora must be sent to legal@kindora.co.

18. Contact

Questions about these Terms can be sent to legal@kindora.co. Kindora, PBC is a Delaware public benefit corporation.