Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Banyan Labs LLC ("Company," "we," "us," or "our") regarding your use of the Upcurve platform and services. By accessing or using our services, you agree to be bound by these Terms.

Description of Service

Upcurve provides a donation management platform that enables organizations to create, customize, and deploy donation widgets on their websites and digital properties. Our services include widget customization tools, payment processing integration, analytics and reporting, and related support services.

User Accounts and Registration

Account Creation

You must provide accurate, current, and complete information during registration
You are responsible for maintaining the confidentiality of your account credentials
You must notify us immediately of any unauthorized use of your account
You must be at least 18 years old to create an account

Account Types

Individual Accounts: For personal fundraising activities
Organization Accounts: For registered nonprofits, businesses, and institutions
Team Accounts: For collaborative fundraising efforts within organizations

Account Verification

We may require verification of your identity or organization status before activating certain features or processing payments.

Acceptable Use Policy

Permitted Uses

You may use our services for legitimate fundraising activities, including:

Charitable donations and fundraising
Educational institution fundraising
Community and social cause support
Business-sponsored charitable initiatives

Prohibited Uses

You may not use our services for:

Illegal activities or fraud
Political campaign contributions (unless specifically authorized)
Personal financial assistance or loans
Adult content or services
Gambling or gaming activities
Hate speech or discriminatory content
Harassment or intimidation
Violation of intellectual property rights

Payment Terms and Processing

Payment Processing

All payments are processed through our third-party payment processor (Stripe)
We do not store or have access to full credit card information
Processing fees apply to all transactions as outlined in our pricing
Refunds are subject to our Refund and Cancellation Policy

Transaction Fees

Standard processing fee: 2.9% + $0.30 per transaction
Additional fees may apply for certain payment methods or international transactions
Fee schedules are available in your account dashboard and may be updated with notice

Disbursements

Funds are typically transferred to your designated account within 2-7 business days
Disbursement schedules may vary based on your account type and verification status
We reserve the right to hold funds for security or compliance review

Service Terms

Service Availability

We strive to maintain 99.9% uptime but cannot guarantee uninterrupted service
Scheduled maintenance will be announced in advance when possible
We reserve the right to modify or discontinue features with reasonable notice

Data and Analytics

You retain ownership of your organization and donor data
We provide analytics and reporting tools to help you understand donation patterns
Aggregate anonymized data may be used for service improvement

Intellectual Property Rights

Our Intellectual Property

All content, features, and functionality of the Upcurve platform are owned by us and protected by copyright, trademark, and other intellectual property laws.

User Content

You retain ownership of content you upload or create using our services
You grant us a license to use, display, and process your content to provide our services
You represent that you have the right to grant this license

Third-Party Content

Respect for third-party intellectual property rights is required. We will respond to valid DMCA takedown notices.

Privacy and Data Protection

Data Collection

We collect and process personal information as described in our Privacy Policy , which is incorporated into these Terms by reference.

Data Security

We implement appropriate technical and organizational measures to protect your data, including encryption, access controls, and regular security assessments.

International Data Transfers

Your information may be processed in countries other than your residence, subject to appropriate safeguards.

Service Availability and Support

Service Level

We strive to maintain 99.9% uptime for our services
Scheduled maintenance will be announced in advance when possible
Emergency maintenance may occur without prior notice

Support Services

Technical support is available through our support ticket system
Response times vary based on your service plan and issue priority
Support is provided in English during business hours (Monday-Friday, 9 AM-6 PM EST)

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

OUR LIABILITY IS LIMITED TO THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE
YOU USE OUR SERVICES AT YOUR OWN RISK

Indemnification

You agree to indemnify and hold harmless Upcurve, its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

Your use of our services
Your violation of these Terms
Your violation of any rights of third parties
Your content or fundraising activities

Termination

Termination by You

You may terminate your account at any time by contacting our support team or using account settings.

Termination by Us

We may suspend or terminate your account for:

Violation of these Terms
Fraudulent or illegal activity
Non-payment of fees
Extended inactivity

Effect of Termination

Upon termination:

Your access to services will cease
Outstanding balances become immediately due
We may retain certain information as required by law
Data export may be available for a limited time

Dispute Resolution

Governing Law

These Terms are governed by the laws of [State/Country], without regard to conflict of law principles.

Dispute Process

Informal Resolution: Contact our support team first
Mediation: Disputes may be submitted to mediation
Binding Arbitration: Unresolved disputes will be settled through binding arbitration
Class Action Waiver: You waive the right to participate in class action lawsuits

Changes to Terms

Modification Process

We may update these Terms from time to time
Material changes will be communicated via email or platform notification
Continued use after changes constitutes acceptance
Previous versions will be archived and available upon request

Notification Period

Minor changes: Effective immediately upon posting
Material changes: 30 days' notice before taking effect

Contact Information

For questions about these Terms of Service, please contact us:

Email: support@banyanlabs.io

Miscellaneous Provisions

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and Upcurve.

Assignment

You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, or network failures.

Contact Details

Company: Banyan Labs LLC
Address: 4147 Willow Lake Blvd, Memphis, TN 38118 Phone: (877) 260-7299
Support: support@banyanlabs.io

For the most current version of these Terms of Service, please visit our website or contact our legal department.