MapleGather

Terms of Service

Last updated

In plain terms: These are the rules for using MapleGather. You (the Organization) are our customer. Your members’ data belongs to you — we just process it for you. This page covers your account, what you pay, what you can and can’t do, and how either of us can end the relationship. We’ve tried to write it in plain English; the operative legal text follows each summary.

1. Who these terms are between, and key definitions

In plain terms: MapleGather is a tool your organization uses to manage its members. The agreement is between us and your organization — not between us and your individual members.

  • “MapleGather,” “we,” “us,” “our” means Browncoat Software LLC, a Colorado limited liability company, the company that provides the Service.
  • “Organization,” “you,” “your” means the organization that registers for and uses the Service — a nonprofit, association, club, faith group, educational organization, or similar entity — and any individual who accepts these terms on its behalf.
  • “Member” means an individual whose personal information the Organization stores or manages in the Service (the Organization’s own members, prospective members, donors, event registrants, and similar contacts).
  • “Service” means the MapleGather membership-management platform, including the admin console, the Member-facing portal, embeddable widgets, APIs, and related features.
  • “Member Data” means personal information about Members that the Organization provides to, or generates within, the Service.

Acceptance. These terms are accepted when the individual registering the Organization checks the “I agree to the Terms of Service and Privacy Policy” box (or equivalent affirmative control) during signup. By accepting, that individual represents that they are at least 18 years old and authorized to bind the Organization to these terms.

2. The account and the free trial

In plain terms: You can try MapleGather free for 14 days with no credit card. After that, if you keep using it, you start paying based on how many contacts you have.

  • Free trial. New Organizations may use the Service on a 14-day free trial with no credit card required and full access to all features. At the end of the trial, the Organization either provides payment and continues on a paid basis, or the account transitions per Section 9.

  • Account registration. The Organization is responsible for the accuracy of its registration information and for maintaining the confidentiality of its admin credentials.

  • Admin responsibility. The Organization is responsible for actions taken under its account by its admins and authorized users, including the accuracy of the Member Data it enters.

3. Fees and billing

In plain terms: Pricing is simple — one flat base fee plus a small amount per contact above the included amount. Every feature is included at every price; we don’t gate features behind tiers, and we don’t take a cut of your payment processing.

At launch, the committed billing terms are:

  • Base fee: $29 per month, which includes the first 100 contacts.

  • Per-contact fee: $0.06 per contact per month for each contact above the first 100, billed monthly on the metered contact count. A “contact” is an email-receiving Member record.

  • No plan tiers and no feature gating. Every paying Organization gets every feature. There are no “Pro-plan-only” features, no per-seat upcharges, and no email-volume pricing tiers.

  • No annual discount and no nonprofit discount at launch.

  • Email quota. Each Organization has a soft monthly email allowance of 10× its contact count. This is a soft quota: exceeding it triggers a notification and a support conversation, not an automatic overage charge at launch.

  • Zero platform transaction fees. The Organization connects its own Stripe account and pays Stripe’s standard processing fees directly to Stripe; MapleGather adds no surcharge and does not take a percentage of the Organization’s membership dues, event fees, or donations.

  • Billing cadence and payment. Fees are billed monthly in advance. On each monthly billing date, the base fee and any per-contact fees are calculated on the Organization’s contact count as of that billing date and charged for the coming month. Contacts added after a billing date are counted on the next billing date — there is no mid-cycle proration and no advance estimation of contact count. Billing is monthly only; there is no annual billing option. Payment is due on the invoice terms stated in the account.

  • Taxes. Fees are exclusive of taxes; the Organization is responsible for any applicable sales, use, or similar taxes, which MapleGather may collect and remit where required by law.

  • Price changes. We may change fees on at least 30 days’ prospective notice to the Organization’s primary admin contact. Consistent with our pricing commitments, any promotional discount is a time-boxed discount that rolls off to the standard rate the Organization already agreed to — never a surprise increase above it.

  • Refunds. Fees are non-refundable. We do not refund or credit partial months, unused time, or contacts removed during a billing period, except where required by law.

  • Failed payments and suspension. If a payment fails, the subscription enters a past-due state and we retry the charge and notify the Organization’s primary admin. Full access continues during a 14-day grace period. If the balance remains unpaid after that grace period, the account is restricted to read-only — the Organization can still sign in, pay to reactivate, and export its data, but features and email sending are paused. Paying the outstanding balance reactivates the account immediately. If the account remains unpaid for 30 days in read-only, it follows the termination and data-purge path in Section 9.

4. Data ownership and our role

In plain terms: Your members’ data is yours. We only process it to run the Service for you — we don’t sell it, and we don’t use it for our own purposes.

  • The Organization owns its Member Data. As between the parties, all Member Data is the Organization’s. We claim no ownership of it.
  • Our role is service provider / processor. We process Member Data on the Organization’s behalf and under its instructions, solely to provide and support the Service. Under the California Consumer Privacy Act (CCPA/CPRA), the Organization is the business and MapleGather is the Organization’s service provider. The specifics — including our service-provider certifications, sub-processor commitments, and security measures — are set out in the Data Processing Addendum, which is incorporated into these terms.
  • We do not sell or share Member Data. We do not sell Member Data and do not share it for cross-context behavioral advertising. See the Privacy Policy.
  • Payment-card data. The Organization’s Members enter payment-card data directly into Stripe; card data never touches MapleGather servers (PCI DSS SAQ-A posture). We do not store, process, or transmit full card numbers.
  • License to operate. The Organization grants us the limited rights necessary to host, process, transmit, and display Member Data to provide the Service and as directed by the Organization.
  • De-identified and aggregated data. We may create and use de-identified and aggregated data — data that does not identify, and cannot reasonably be used to identify, any Member or Organization — to operate, secure, analyze, and improve the Service. We will not attempt to re-identify such data. This does not permit any sale or sharing of Member Data.

5. The Organization’s own Stripe relationship

In plain terms: You bring your own Stripe account. Your money flows through your Stripe account, not ours. We never touch your members’ card data.

  • The Organization connects its own Stripe account (via Stripe Connect) to collect membership dues, event fees, and donations from its Members.
  • The relationship for payment processing is between the Organization and Stripe, governed by Stripe’s own terms. Stripe’s processing fees are paid by the Organization to Stripe directly.
  • MapleGather facilitates the connection and initiates charges as directed by the Organization but is not a party to, and takes no fee from, the Organization’s payment transactions with its Members.
  • Stripe’s Connected Account Agreement. By connecting a Stripe account, the Organization enters into and agrees to Stripe’s Connected Account Agreement (stripe.com/legal/connect-account) directly with Stripe. Stripe — not MapleGather — processes payments and controls settlement, fund holds, refunds, chargebacks, and processing fees.
  • No MapleGather liability for Stripe. MapleGather disclaims all liability for the acts, omissions, availability, fund handling, or fees of Stripe in processing the Organization’s payments.

6. AI-assisted features

In plain terms: Some features use AI (Anthropic’s Claude) to help you — for example, in-app guidance and support drafting. When we send data to the AI, we strip out personal details first, and the AI provider does not train on your data. The AI won’t give legal, financial, or compliance advice.

  • What the AI does. The Service offers AI-assisted in-app guidance, AI-assisted support-draft generation, and AI-assisted data migration. These features use the Anthropic Claude API as a sub-processor (see Sub-Processor List).

  • PII redaction. Prompts sent to the AI provider are constructed to exclude raw personal information — the Service sends structural descriptions (for example, “5 members in the Annual level due in 7 days”), not Member names, emails, or payment data.

  • No training on your data. Anthropic does not use customer data sent to its commercial API to train its models (it may retain inputs and outputs briefly for operational and abuse-monitoring purposes).

  • Scope limits. The AI is limited to product-usage help. It refuses and refers you to a qualified professional for legal, financial, or professional advice, compliance interpretation, and requests touching data-subject-request or audit-log content.

  • No warranty on AI output. AI-generated content may contain errors. The Organization is responsible for reviewing AI output before relying on it. AI output is provided “as is” and is subject to the warranty disclaimer in Section 10.

7. Acceptable use

In plain terms: Don’t use MapleGather to spam people, break the law, or attack the system. The full rules are in the Acceptable Use Policy, and they’re part of this agreement.

The Organization’s use of the Service is subject to the Acceptable Use Policy, which is incorporated into and part of these terms. Among other things, the Organization must comply with the CAN-SPAM Act and applicable email laws when sending email through the Service, must not send to purchased or non-consented lists, and must not probe, attack, or attempt to circumvent the security of the Service. Violations are handled under the enforcement ladder in the Acceptable Use Policy and may result in suspension or termination under Section 9.

8. The Organization’s compliance responsibilities

In plain terms: You’re responsible for what you put into the system and for the laws that apply to your own organization and members.

  • Lawful basis for Member Data. The Organization represents that it has the right to provide the Member Data it enters and to have us process it, and that it has provided any notices and obtained any consents required from its Members.

  • Children’s data. The Service is not designed to collect personal information directly from children. If the Organization manages data about members under 13 (for example, a youth sports league or a children’s ministry), the Organization is responsible for obtaining any required parental consent under COPPA and applicable law, and represents that it has done so.

  • Data-subject requests. MapleGather provides tools that help the Organization respond to Member privacy requests (access, export, and deletion). The Organization is responsible for responding to its Members’ requests; MapleGather assists as described in the Privacy Policy and DPA.

9. Term, termination, and what happens to your data

In plain terms: You can cancel anytime. If you cancel, you have 30 days to change your mind or export your data before it’s permanently deleted. Deletion is real — after the grace period, the data is gone.

  • Term. These terms apply for as long as the Organization uses the Service.

  • Cancellation by the Organization. The Organization may cancel at any time from its account settings. On cancellation, the subscription enters a 30-day post-cancellation window during which the Organization may re-subscribe and restore full access, or export its data.

  • Data purge after the grace period. If the Organization does not re-subscribe within the 30-day post-cancellation window, the Organization’s data is purged. Purge is terminal: after purge, the account is closed, the data is deleted, and there is no restore path.

  • Trial expiration. If a free trial ends without conversion to paid, the account enters a read-only state for 30 days and is then purged on the same basis.

  • Data export. Before purge, the Organization may export its data via the self-service export-everything feature.

  • Backups. After purge, deleted data may persist in encrypted backups until those backups age out of our retention schedule, and in any case is removed from backups within 12 months. Backups are used only for disaster recovery and are never restored selectively to resurrect deleted data.

  • Suspension / termination by us. We may suspend or terminate for material breach — including Acceptable Use Policy violations — at our sole discretion, with or without notice, as set out in the Acceptable Use Policy; and for nonpayment, per the Section 3 dunning process.

  • Termination for convenience by us. We may terminate the Service for convenience on at least 30 days’ notice to the Organization’s primary admin contact. The Organization may export its data during the notice period, and we will refund any prepaid fees for the unused portion of the then-current billing period. (This refund applies only to termination we initiate for convenience; Organization-initiated cancellations are non-refundable per Section 3.)

10. Warranties and disclaimers

In plain terms: We work hard to keep MapleGather running well (we target 99.9% uptime on paid plans), but like almost all software, it’s provided “as is” — we can’t promise it will be perfect or never go down.

  • Service levels. We target 99.9% monthly uptime for paid plans. This is an operational target, not a contractual service-level commitment, and does not entitle the Organization to service credits. Free trials are provided on a best-effort basis with no uptime commitment.

  • DISCLAIMER. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND MAPLEGATHER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Limitation of liability

In plain terms: If something goes wrong, our financial responsibility is capped — standard for software like this. A few things sit outside the cap, like what you owe us and what you’ve agreed to cover us for.

  • Cap. To the fullest extent permitted by law, each party’s total aggregate liability arising out of or relating to these terms or the Service is limited to the fees the Organization paid to MapleGather in the 12 months preceding the event giving rise to the claim.
  • Excluded damages. Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility.
  • Exclusions from these limits. The liability cap and the excluded-damages limitation above do not apply to: (a) the Organization’s indemnification obligations under Section 12; (b) the Organization’s payment obligations; (c) either party’s breach of its confidentiality obligations (Section 13, Section 7, and the DPA); or (d) a party’s gross negligence, willful misconduct, or fraud. Because indemnification runs only from the Organization to MapleGather, the indemnification exclusion operates one-directionally.

12. Indemnification

In plain terms: If someone sues us because of how you used the system or the data you put in it, you cover our costs.

The Organization will defend, indemnify, and hold harmless MapleGather and its officers, directors, employees, and agents from and against any third-party claim, demand, suit, or proceeding, and all resulting losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees), arising out of or relating to: (a) the Organization’s Member Data or other content, including any claim that it infringes or misappropriates a third party’s rights or violates applicable law; (b) the Organization’s use of the Service in violation of these terms, the Acceptable Use Policy, or applicable law; or (c) the Organization’s breach of its representations or obligations in Sections 5, 7, and 8. MapleGather will promptly notify the Organization of the claim, give the Organization control of the defense (with MapleGather’s right to participate with its own counsel), and reasonably cooperate. The Organization may not settle any claim in a way that imposes liability or an admission on MapleGather without MapleGather’s consent.

13. Confidentiality

Confidentiality of Member Data is governed by Section 7 (Your data and our role), the Data Processing Addendum, and the Privacy Policy. In addition, each party will protect the other’s non-public business, technical, and financial information disclosed in connection with the Service (“Confidential Information”), use it only to perform under these terms, and not disclose it except to personnel and advisors with a need to know who are bound by comparable confidentiality obligations. Confidential Information excludes information that is or becomes public through no fault of the recipient, was rightfully known without obligation, or is independently developed. A party may disclose Confidential Information if required by law, with reasonable prior notice where lawful.

14. Changes to these terms

We may update these terms from time to time. We will post the updated terms and update the “last-updated” date. For material changes, we will provide at least 30 days’ notice to the Organization’s primary admin contact before they take effect. Continued use after the effective date constitutes acceptance.

15. Governing law and disputes

These Terms, and any dispute arising out of or relating to these Terms or the Service, are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. Subject to any dispute-resolution terms below, the Organization and MapleGather consent to the exclusive jurisdiction and venue of the state and federal courts located in Colorado.

Dispute resolution. Any dispute arising out of or relating to these terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (and its expedited procedures where the amount in dispute qualifies), by a single arbitrator, seated in Colorado (hearings may be held remotely). The Federal Arbitration Act governs the interpretation and enforcement of this section. Each party bears its own attorneys’ fees and costs; administrative and arbitrator fees are allocated under the AAA rules. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual property or Confidential Information.

Class-action waiver. The Organization and MapleGather each waive any right to bring or participate in a class, collective, consolidated, or representative action. If this waiver is held unenforceable as to a particular claim, that claim will proceed in court (not arbitration), but the rest of this section still applies.

Time limit. Any claim arising out of or relating to these terms or the Service must be brought within one year after it arises, or it is permanently barred, except where applicable law prohibits shortening the limitations period.

16. General

  • Entire agreement. These terms plus the documents they incorporate are the entire agreement and supersede prior agreements on this subject.
  • Assignment. The Organization may not assign these terms without MapleGather’s consent, except to a successor in a merger or sale of substantially all assets; MapleGather may assign freely. Any other attempted assignment is void.
  • Severability. An unenforceable provision is modified to the minimum extent necessary or severed; the rest remains in effect.
  • Waiver. A party’s failure to enforce a provision is not a waiver of the right to enforce it later.
  • Notices. MapleGather may give notice via the Service, by email to the primary admin, or by posting; the Organization gives notice to the contact MapleGather designates. Notice is effective on receipt (for posting, on posting).
  • Force majeure. Neither party is liable for delay or failure due to causes beyond its reasonable control (for example, natural disaster, war, terrorism, labor conditions, internet/utility failures, or government acts).
  • Relationship. The parties are independent contractors; these terms create no partnership, agency, or joint venture.
  • Survival. Provisions that by their nature should survive termination — including Sections 7, 11, 12, 13, and 15 — survive.

Incorporated documents

These documents are part of, or referenced by, these terms:

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