SAAS LEGAL TERMS

TERMS AND CONDITIONS OF THE SOFTWARE AS A SERVICE (SAAS) CONTRACT:

The present General Terms and Conditions of Use (hereinafter, the “Terms and Conditions”) regulate the access and use by the User (as defined below) of the Platform https://my.afrus.app/ (hereinafter, the “Platform”), as well as the contracting of products and services through it.

The identification and contact details of AFRUS IMPACT TECHNOLOGIES CORPORATION are as follows:

  • Responsible entity: AFRUS IMPACT TECHNOLOGIES CORPORATION – EIN: 88-3310501
  • Address: 8 The Green Ste A Dove, CP 19901 Delaware, EE. UU
  • E-mail: info@afrus.org
  • Phone: (1) 561 337 5432 Ext: 5432.

The purchase of services offered through the Website entails the acceptance of the terms and conditions provided in these General Service Conditions. Therefore, before proceeding with acceptance, please read their content carefully. If you do not accept these General Conditions, the purchase of the products/services will not take place, and consequently, no type of obligation or responsibility will be assumed by AFRUS IMPACT TECHNOLOGIES CORPORATION.

We ask you to make proper use of AFRUS services. You may only use AFRUS services in a lawful manner. Any breach by you of these terms of use or the general conditions of the services will result in the blocking of said services.

Registration and/or use of the “Platform” as a User constitutes a declaration of understanding and acceptance of these terms and conditions.

USE OF OUR SERVICES:

The use of the “Platform” confirms your agreement with the terms and conditions set forth below. Please read them carefully before using the services. If you do not agree with any section of the content, we suggest you refrain from using the services. This “Platform” is offered to you as a User for your acceptance without negotiation of the terms, conditions, and clauses contained herein. The relationship between the “Platform” and you will be that of independent contractors, and none of the parties (including officers, agents, and employees) will be considered or constituted as partners, joint ventures, fiduciaries, employees, and/or common agents.

You may not assign, agree, subcontract, or delegate your rights, duties, and obligations indicated here.

You must comply with the following Policy for the Use of our Services:

  1. The User may not access and/or misuse our services. Therefore, you may not interfere with the provision of the services provided through this “Platform.”
  2. The use of our Services does not grant any intellectual property rights over our Services or Platform.
  3. The use of our Services does not grant any intellectual property rights over the content you access.
  4. These conditions do not grant you the right to use any trademark or logo used in our Services, whether from third parties or AFRUS.
  5. AFRUS may send you advertisements related to the Service, administrative messages, and other information. You can notify us if you do not wish to receive this information.
  6. You may not remove, hide, and/or modify any legal notice that appears on or within our Services.
  7. The User may only use our services as permitted by law and our instructions. If misuse is detected and/or verified, we may suspend or stop providing our services to the person(s) involved in such actions.
  8. The User may not access AFRUS services (i) in any way that causes, or may cause, damage or harm to any of AFRUS services or interrupts access to them; or (ii) for any fraudulent purpose, or for the commission of any crime or other illegal activity of any kind; or (iii) to cause any kind of nuisance or inconvenience to a third party.

REGISTRATION REQUIREMENT

The use of the services will be conditioned upon the prior registration of the User, who must complete all fields of the registration form with valid data. Anyone aspiring to become a User must ensure that the information provided to AFRUS for registration on the Website is accurate, precise, and true (hereinafter the “Personal Data”); they will also commit to updating the Personal Data whenever there are changes. AFRUS is not responsible for the accuracy of the Personal Data provided by its Users. Users guarantee and are responsible, in any case, for the truthfulness, accuracy, validity, and authenticity of the Personal Data made available on the Website.

The Personal Data entered by any User on the Website must be accurate, current, and truthful at all times. AFRUS reserves the right to request proof and/or additional information to verify the Personal Data and to temporarily and/or permanently suspend Users whose data could not be confirmed. The cancellation or disablement of a User implies the removal of all Campaigns they have published, without generating any right to compensation or indemnity.

We reserve the right to deny access to the service, cancel any account, and remove or alter any content if the User violates applicable law, these terms of use, or any other applicable terms and conditions or policies.

SERVICE DESCRIPTION

AFRUS IMPACT TECHNOLOGIES CORPORATION provides the User with the use of the AFRUS software as SaaS with the following services:

  1. AFRUS is a cloud-based software used to manage Fundraising strategies. The User’s account can only be linked to one tax identification number and connected to a single bank account. Through the AFRUS platform, the User can create Fundraising Campaigns that will be published on the User’s websites or the digital channels they determine. Additionally, the User will be responsible for integrating the Campaigns generated on the Platform into their website by embedding an iFrame, whose embed code will be accessible from the AFRUS back office, or by downloading an HTML file that will allow the User to run the Campaign as a single page application (SPA), unless otherwise agreed in the Specific Conditions.

The content of the Campaigns will be determined by the User. Consequently, the User acknowledges and accepts that the information entered by them in the content of the Campaigns will be available to the general public, with the User being solely responsible for its content. To this end, the User expressly declares and guarantees that they are the owner and/or licensee of the intellectual and industrial property rights that are part of the content of the Campaigns, as well as that they comply with applicable legislation and/or obligations and/or commitments to third parties.

The User can receive donations through forms integrated with the payment gateway. The User owns and is responsible for managing the data and the privacy policy that covers it. The User can unsubscribe from the platform at any time and export their databases. The User’s account will be deactivated, and the information deleted.

The User can generate their tax certificates from the Platform manually or automatically. The User is solely responsible for informing about the tax treatment of the Campaign and, if applicable, for issuing and sending the tax certificates for each donation to each of their donors. The AFRUS Platform allows the User to generate tax certificates in digital format.

Donors to the Campaigns published by the User will maintain a legal relationship solely with the User, governed by the terms established and published in the Campaign, under which the donor must accept the terms and conditions of the Campaign. These terms and conditions must include a third-party liability waiver concerning each Campaign published by the User on the Platform.

The User can create Landing Pages for their campaigns and configure the domain for each of them. The domain ownership belongs to the User, as AFRUS does not provide domains for the User. The User has access to the Autoresponder Module, where they can generate automatic email sends for each interaction within the form. The User is responsible for managing the unsubscribe process within the module, allowing their “clients” to cancel their subscriptions.

  1. Communications Module (Newsletters and Automated Sequences)All User accounts on the platform have this module activated. The User will have the option to use this module or leave it unused. Using this module will automatically generate a charge based on the commercial proposal sent via email. The User must provide the sender or auto-reply email to use this module. Through AFRUS, email marketing initiatives can be carried out to promote the different campaigns that Users are running. Besides managing their email campaigns, Users must consider their reputation as email senders. Maintaining a good sender reputation is vital; if you have a good reputation, your emails have the best chance of reaching your recipients’ inboxes. If your reputation is questionable, your messages might be deleted or sent to the spam folder. Recipient ISPs may also throttle your emails, preventing timely delivery to your recipients. The initial email sending limit allowed by the platform is 50,000 emails daily. If this number is exceeded, the Module will automatically be blocked. Depending on the account’s management, we may grant a higher daily sending limit. Based on the reputation index, we can progressively increase the daily sending limit. The User is responsible for contacting clean databases that have previously opted in through lead capture forms or databases. The User will be responsible for configuring the unsubscribe option in all email templates used to allow their Users to cancel email subscriptions. The User must ensure the health of their databases (Managing Hard Bounce and Soft Bounce, Unsubscribe, checking email interaction). The consistency of the email content generated with the different traffic sources will be the User’s responsibility. Based on the sender’s reputation of the account, we may unilaterally block the User’s account for misuse of the service, considering these parameters:

– Messages Marked by Commercial Anti-Spam Filters.

– A discrepancy between the brand in the messages and the sending email address.

– Messages containing content commonly associated with unsolicited emails.

– Email sending patterns associated with unsolicited emails.

– Sending from or linking to domains with a bad reputation with online reputation monitoring systems.

– Unclear or inconsistent branding.

– A missing, broken, or hard-to-find unsubscribe link.

– Broken links.

– Message content implying the recipient did not explicitly request to receive the message.

  1. Crowdfunding: The User can create micro-sites and share various stories to allow their followers to choose how to get involved with their cause. This service will incur an additional cost beyond the use of the Platform, which will depend on the negotiation conducted with the User.
  2. Peer to Peer: The User allows their followers to fundraise on their behalf, providing another way to support their organization. This service will incur an additional cost beyond the use of the Platform, which will depend on the negotiation conducted with the User.
  3. Petitions: The User can mobilize their followers and start petition campaigns that stimulate changes in their environment. This service will incur an additional cost beyond the use of the Platform, which will depend on the negotiation conducted with the User.
  4. Fundraising Kit: Includes the design of one donation or campaign landing page, autoresponders for leads, donors, and recurring donors, email design for the Communications Module, one hour of training with a Fundraising Specialist, and access to Fundraising Basics (four pre-recorded sessions). This service will incur an additional cost beyond the use of the Platform, which will depend on the negotiation conducted with the User.
  5. CoPilot (Support Hours): Our CoPilot service provides a member of our Customer Success team to guide the User through the personalized implementation of some of their modules on the platform. Together with the User, they can create campaigns with their respective forms, configure donation certificates, upload databases, or automate communication flows, among other tasks.
  6. Setup & Training: With the license payment, the User is entitled to two hours of platform implementation and training on each of its modules to facilitate adaptation to their account. Each additional hour of training will be charged based on the rate sent via email.
  7. Recurrent Payments (Service available for accounts in Colombia): In partnership with the Colombian financial sector and fintech companies, we offer a monthly collection service through automatic debit from bank accounts. All accounts in Colombia have this service activated. The User has the discretion to use it or not. This service will incur an additional cost beyond the use of the Platform, which will depend on the negotiation conducted with the User.

AFRUS IMPACT TECHNOLOGIES CORPORATION grants the User, who accepts, a non-exclusive, worldwide, non-sublicensable, and non-transferable license to use the AFRUS platform, which is made available under the conditions and usage limits contained in this text. Access to the Platform’s services is not free; therefore, the User will pay the fees established by AFRUS through a commercial proposal sent via email. The use of the platform is exclusive to the Registered User with whom the commercial agreement was made. This User may not share their account with affiliated, parent, or subsidiary companies.

MAINTENANCE AND UPDATES OF THE SAAS SOFTWARE

The provision of the SaaS software usage service includes all improvements and/or updates (upgrades and updates) of the SaaS Software that are available at any time and developed within the framework of this Agreement. Upgrades and updates of the SaaS Software will be updated on the AFRUS Platform, and if necessary, the Client will need to update their Campaigns accordingly.

SERVICE LEVEL AGREEMENT (SLA)

AFRUS guarantees platform availability at 99.5% uptime, 24 hours a day, 7 days a week, throughout the year. This ensures that the User can access their platform from a device with a conventional internet connection and a modern browser. This does not include connectivity issues that the User’s device may have with their equipment, the internet availability that the User must contract with a third party, or update or synchronization processes. It also does not include issues inherent to the payment gateway.

AFRUS commits to addressing incidents or errors in service provision in accordance with the Service Level Agreement (“SLA”).

Event Type

Emails, calls, and chats are classified according to the type of event based on their level of criticality or urgency:

Incidents / System Issues:

High Criticality:A critical function cannot operate. Example: Form failures, inability to receive income.

Medium Criticality: Part of the system is not functioning but does not affect the client’s operation. Example: Unable to download a report.

Low Criticality:Part of the system is not functioning but does not affect the client’s operation and can wait longer for a response. Example: Damaged report format.

Support:

Urgent: Launching an urgent campaign and needing support with platform functionality.

Normal: How to use a function on the platform. We provide our Users with a documentation area on how to use the platform, including a step-by-step practical guide or videos, available at https://help.afrus.app/ in the following languages: English, Spanish, Portuguese, and German.

Requirements:

New Functionality within the Platform:

*Evaluation Committee / Inclusion in Backlog / Development

Based on an internal process of our development team, the decision of the Evaluation Committee and the delivery date of your requirement will be communicated to the User via email.

Maximum Response Speed:

Based on the types of events, the response and resolution times during business hours from 9:00 to 17:30 (UTC -5) on working days are as follows:

Incidents / System Issues

   

Criticality

Response

Diagnosis

Solution

High Criticality

2 hour

4 hours

24 hours

Medium Criticality

4 hours

8 hours

48hours

Low Criticality

6 hours

12 hours

72 hours

    

Support

   

Criticality

Response

  

Urgent

4 hour

  

Normal

8 h4ours

  
    

Requirements

   

Criticality

Response

  

Evaluation Committee

2 weeks

  

Feasibility Response

3 weeks

  

Development

Depends on viability

  

Window of Customer Attention for High Criticality Events

7/24

Customer Attention Window for Medium Criticality Events

5/8

Customer Attention Window for Low Criticality Events

5/8

Customer Service Channels:

Email: support@afrus.org.

https://my.afrus.app/: Avatar / Issue Reporting.

SERVICE SUBSCRIPTION (Fee and Payment Method. Subscription Mode).

The consideration for the service is established through a monthly License defined in the commercial proposal sent to the User via email. For additional services, the commercial proposal is similarly sent via email. Payment must be made with a credit or debit card (depending on the franchise, in some countries debit cards function like credit cards). With the selected payment method, the License and additional services such as the Automation Module (Communications) will be automatically charged monthly, and the corresponding invoice will be sent to the email registered at sign-in: https://afrus.org/sign_in/. The payment link provided includes acceptance of the Terms and Conditions. These terms and conditions will form part of the Software as a Service (SaaS) Service Agreement. The User is not obligated to remain bound to the AFRUS platform and may close their account at any time provided they are up to date with the latest monthly installment due.

PAYMENT GATEWAYS 

The User will choose the payment gateway available on the AFRUS Platform to activate it on their platform. Consequently, the Client will contract directly with the payment gateway provider (hereinafter “Payment Gateway”). The User will accept the Terms and Conditions of the Payment Gateway, which will operate according to the country where it is located. In no event shall AFRUS be responsible for justified or unjustified delays by the Payment Gateway.

COPYRIGHT PROTECTION:

All content made available to the User, such as texts, graphics, logos, icons, images, audio clips, digital downloads, and data compilations, is the property of the entity making them available. This information is protected by international laws on intellectual property rights, copyrights, and rights in databases.

Systematic extraction or reuse of any part of the content obtained through our services is not permitted without our written consent. Users are not allowed to create or publish their own databases if they contain substantial parts of any AFRUS services.

TRADEMARK:

The graphics, logos, page headers, button icons, scripts, and service names included or available through AFRUS services are registered trademarks or represent the commercial image of AFRUS. The AFRUS trademark or commercial image may not be used in connection with any product or service that is not AFRUS’s, or in any manner that may cause confusion among users or disparage or discredit the brand.

LICENSE IN FAVOR OF AFRUS

The User expressly authorizes the inclusion of their User status reference in AFRUS’s portfolio, allowing AFRUS to reproduce the User’s trademarks and commercial logos solely for these purposes, both on its website and in presentations and documentation provided to other potential clients, provided that the User does not expressly object to this.

DATA COLLECTION

AFRUS collects data to operate effectively and provide the best experience in our service. The User will provide some of this data directly, such as when creating an AFRUS account.

We obtain part of this data by recording how the User interacts with our products, for example, by using technologies like cookies, and receiving error reports or data using the software running on their device. We may also use services from other companies to help us determine location based on their IP address in order to personalize certain products according to their location.

The User always retains control over the collected data. If the User does not provide necessary data to access a product or feature, they may not be able to use that product or feature.

Types of data we may collect include the User’s name, email address, postal address, phone number, information about their campaigns, donors and donations, and any other information they choose to provide.

AFRUS uses collected data to promote the services we offer, including using data to improve and personalize User experiences. Data may also be used to communicate with the User, for example, to inform them about their account, security updates, and product information.

Personal data may be shared with the User’s consent as necessary. We also share information with affiliated companies and subsidiaries controlled by AFRUS, with vendors who launch the browser, or when required by law or to respond to legal process, to protect our Users, to protect lives, to maintain product security, and to protect the rights or property of AFRUS.

PRIVACY POLICY

You can review our privacy policy at the following link.

MODIFICATION AND CANCELLATION OF OUR SERVICES

For the benefit of our Users, we may make modifications and add new services to our portal. Access to our services is unrestricted, so you may choose to stop accessing them at any time and close your User account. Any concerns or dissatisfaction regarding our services can be communicated to info@afrus.org, and these will be addressed within 48 hours of receiving the email.

OPINIONS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENTS 

Through the email info@afrus.org, you can submit your opinions and comments, as well as publish other content, send communications, suggestions, ideas, comments, questions, or other information, provided that the content is not illegal, obscene, abusive, constitutes a threat or defamation, invades the privacy of third parties, infringes intellectual property rights, is offensive to third parties or objectionable, contains computer viruses, political propaganda, advertising content, chain letters, mass mailing, or constitutes any other form of “spam”.

SERVICES

For the benefit of our Users, we may make changes and add new services to our portal and/or applications. You may choose to stop accessing them whenever you deem it appropriate, as well as close your User account.

RESPONSIBILITY FOR OUR SERVICES

The User agrees to indemnify AFRUS IMPACT TECHNOLOGIES CORPORATION, its directors, and employees from any claims, penalties, causes of action, or disputes arising from actions, content, and/or information of Campaigns or their use. The Client agrees to indemnify and hold harmless AFRUS IMPACT TECHNOLOGIES CORPORATION, its officers, partners, directors, and employees from any liability for damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any claim or dispute.

Our Services display certain content owned by third parties, for which the responsibility lies solely with the entity making it available. AFRUS reserves the right to review content to determine legality or compliance with our policies, and may remove or reject content reasonably believed to violate our policies or the law. However, this does not imply that we review all content, and Users should not assume that we do.

We will make our best efforts to ensure the accuracy and absence of errors in any information provided. However, due to the nature of the Internet, such assurances cannot be guaranteed. Additionally, access to AFRUS services may occasionally be suspended or restricted for maintenance, repairs, or introduction of new products or services. We will attempt to limit the frequency and duration of such suspensions or restrictions.

AFRUS shall not be liable for (i) obligations arising between the User and any third party with whom they choose to donate, (ii) any indirect loss or consequential damages arising from our services. AFRUS shall not be liable for monetary loss, data loss, or financial damage, nor for indirect, special, consequential, exemplary, or punitive damages resulting from donations made based on information provided on the platform.

AFRUS acknowledges that in some jurisdictions, Users may have consumer rights protected by law. If you use our services for personal purposes, none of the provisions in these terms or additional terms shall limit your non-waivable legal rights as a consumer.

We reserve the right to modify these terms or additional terms applicable to the Service, and Users should periodically review them. Notices of modifications will be posted on this page. Changes will not apply retroactively and will take effect no later than 15 days after publication.

Unless prohibited by law, you agree to indemnify AFRUS and its directors, employees, and agents from any claims for indirect, punitive, special, incidental, or consequential damages arising (including legal fees and all costs and expenses related to litigation and arbitration, or in the event of appeal, if any litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with these terms and conditions, including without limitation any loss of profits, revenues, or business, personal injury claim, or damage to property resulting from this agreement and/or your access to the website, services, and/or any of our applications.

APPLICABLE LAW

These terms and conditions, as well as the service acquired by the User, shall be governed and interpreted under the laws of the State of Delaware. In the event of any conflict between foreign laws, rules, and regulations and the laws, rules, and regulations of Delaware, the laws, rules, and regulations of Delaware shall prevail and apply. Any action or proceeding related to a dispute may only be instituted in a state or federal court in Delaware, Delaware. Accordingly, each party agrees to submit to the personal and exclusive jurisdiction of the courts located in Delaware, Delaware. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this agreement.

GENERAL TERMS OF AFRUS

All software, including updates, enhancements, and any other documentation related to such software, that we make available to you at any time in connection with AFRUS services is subject to these terms and conditions of use.

CLIENTS IN EUROPE

AFRUS IMPACT TECHNOLOGIES CORPORATION has designated a representative within the EU for handling all communications and/or inquiries related to EU Regulation 2016/679 of 27 April of the European Parliament and the Council.

  • Name: LOCK4DATA CONSULTORES
  • Address: C/ Estación Nº 20, 28231- Las Rozas (Madrid)
  • Phone: +34 91 825 67 44
  • E-mail: dpo.afrus@lock4data.es

For users in the European Union pursuant to Article 14.1 of Regulation 524/2013 on online dispute resolution for consumer disputes, we inform you of the existence of an online dispute resolution platform provided by the European Commission. You have the possibility to submit your complaint through this platform by accessing the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

afrus is the cloud platform, thought by fundraisers and aimed at helping non-profit organizations raise more money and increase their income.


afrus Impact Technologies Corporation, 810 SW GLENVIEW CT Port Saint Lucie, FL 34953