1. Agreement to These Terms

These Terms of Use (“Terms”) form an agreement between MemberSwift (“MemberSwift,” “we,” “us,” or “our”) and the person or organization using the Services (“you”). By creating an account, accepting an invitation, using a member portal, submitting information, purchasing a plan, or otherwise using the Services, you agree to these Terms and the Privacy Policy.

If you use MemberSwift for an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Services.

2. The Services

MemberSwift provides organization websites, member records, forms, dues and payment tracking, events, tickets, donations, reservations, volunteer tools, communications, hosted mail, documents, reporting, staff permissions, member portals, and related features. Features vary by plan, configuration, location, third-party availability, and release status.

Organizations remain responsible for their operations, membership decisions, events, facilities, communications, financial obligations, and relationships with members and the public. MemberSwift is a software provider and does not operate or govern customer organizations.

3. Eligibility and Accounts

• You must be legally able to enter a binding agreement. Users acting for an organization must have appropriate authority.
• Provide accurate information and keep it current. Each person should use an individual account rather than sharing credentials.
• You are responsible for account activity, staff permissions, connected domains, forwarding addresses, and protecting passwords, recovery methods, and two-factor authentication devices.
• Notify info@memberswift.com promptly if you suspect unauthorized access.

Member portal users must contact their organization for questions about membership records, dues, status, events, or organization decisions.

4. Trials, Plans, and Billing

Trial length and included limits are shown when you register. A trial does not require a payment card and does not automatically become a paid subscription. Trial accounts may have lower storage and email limits and cannot connect Stripe or accept real payments. When a trial ends, normal organization-management access may be restricted until a paid plan is activated.

Paid plans renew monthly until canceled. Prices, plan contents, storage packs, usage limits, taxes, and purchase terms are displayed before checkout. By subscribing, you authorize Stripe to charge the selected payment method for recurring fees and approved add-ons. Changes may be prorated by Stripe.

If a subscription payment fails, MemberSwift may provide a five-day grace period, display warnings, send notices, and restrict the account if payment remains unresolved. Access may be restored after successful payment. You may cancel through the available billing portal or by contacting info@memberswift.com. Cancellation normally takes effect at the end of the current paid period. Fees already charged are non-refundable and unused time is not prorated, except where required by law or expressly stated at purchase.

5. Organization Payments and Stripe

Stripe is a separate payment provider. Organizations may connect one or more Stripe accounts and select the account that receives dues, tickets, donations, rentals, or other payments. Funds are processed under Stripe’s terms and ordinarily go to the selected connected account; MemberSwift does not hold organization funds.

The organization is the seller, fundraiser, lessor, or membership provider for its transactions. It is responsible for descriptions, prices, taxes, receipts, refunds, chargebacks, disputes, prohibited businesses, donor disclosures, and compliance with Stripe rules and applicable law. A Stripe connection may be unavailable, delayed, restricted, or terminated by Stripe.

6. Organization Data and Permissions

You retain ownership of content and records you submit. You grant MemberSwift a limited right to host, copy, transmit, format, back up, and otherwise process that content as needed to provide, secure, support, and improve the Services.

You represent that you have the permissions and lawful basis needed to collect, import, store, publish, email, forward, or otherwise use the information you place in MemberSwift. This includes member lists, photos, youth information, documents, waivers, mailing-list entries, profile details, and records imported from another system. You must honor member privacy choices and respond to valid requests concerning organization-controlled data.

7. Websites, Domains, and Public Content

You are responsible for website pages, domains, images, files, forms, announcements, event pages, and other public content you publish. Content must be accurate, lawful, and authorized. You are responsible for renewing customer-owned domains and maintaining any required notices, accessibility practices, permissions, and policies for your organization’s website.

MemberSwift may disable content or routing that creates a security risk, violates these Terms, infringes rights, misleads visitors, or threatens platform availability.

8. Email and Communications

You are responsible for recipients, sender names, content, forwarding addresses, aliases, lists, and communication preferences. You may not use MemberSwift for spam, deceptive messages, purchased or harvested address lists, phishing, harassment, impersonation, malware, or unlawful marketing.

Commercial email must use accurate sender and subject information, include legally required identification and contact information, provide a working opt-out method, and honor opt-outs on time. You are responsible for determining whether a message is commercial or transactional and for including a valid physical postal address when required. MemberSwift may throttle, pause, reject, or investigate messages to protect deliverability and platform safety.

Forwarding a mailbox message to a personal account can move information outside MemberSwift. A reply from that account may disclose the personal email address and may not be stored in MemberSwift. Configure forwarding only with authorization.

9. Acceptable Use

You may not use the Services to:

• Break the law, violate another person’s rights, or facilitate fraud, exploitation, discrimination, threats, or harassment.
• Upload malware, executable files, unlawful material, or content that infringes privacy, publicity, copyright, trademark, or other rights.
• Attempt to access another organization, member, account, database, credential, secret, or system without authorization.
• Bypass security, rate limits, plan limits, payment controls, or demo restrictions; scan for vulnerabilities without written authorization; or interfere with service operation.
• Misrepresent identity, affiliation, payment status, fundraising purpose, event details, or the source of a communication.
• Use the Services for high-risk activities where failure could cause death, personal injury, or severe property or environmental damage.

10. Public Demo

The public demo contains sample information and an isolated temporary session. It may not be used for real personal information, real payments, live communications, offensive content, security testing, or attempts to access production data. Demo changes may be reset or discarded at any time and create no expectation of storage.

11. Files, Storage, and Usage Limits

Plans may limit storage, file count, email volume, mailbox capacity, attachment size, recipients, or other resources. MemberSwift may compress images, create thumbnails, reject prohibited file types, and stop new uploads or sending when a limit is reached. Storage add-ons and email credits are governed by the terms shown at purchase. You are responsible for keeping independent copies of critical records.

12. Suspension and Termination

We may suspend or restrict access to protect users, investigate misuse, respond to legal requirements, address nonpayment, prevent security harm, or enforce these Terms. When practical, we will provide notice and an opportunity to correct the issue. Serious abuse, fraud, unauthorized access, or imminent harm may result in immediate action.

You may stop using the Services and cancel a subscription. Before termination, export information you need. After termination, we may delete or anonymize information subject to legal obligations, disputes, security needs, backups, and the Privacy Policy.

13. Intellectual Property and Feedback

MemberSwift and its software, designs, documentation, branding, and underlying technology are owned by MemberSwift or its licensors and are protected by law. These Terms give you a limited, non-exclusive, non-transferable right to use the Services during your authorized access. They do not transfer ownership.

If you provide ideas or feedback, you permit us to use them without restriction or payment, provided we do not identify you publicly without permission.

14. Third-Party Services

The Services may link to or depend on third parties such as Cloudflare, Stripe, domain registrars, embedded media providers, and organization-selected services. Their terms, privacy practices, availability, and decisions are separate from MemberSwift. We are not responsible for third-party services outside our control.

15. Disclaimers

To the fullest extent permitted by law, the Services are provided “as is” and “as available.” We do not guarantee uninterrupted or error-free operation, delivery of every email, approval of a Stripe account, preservation of every file, specific fundraising or membership results, or that the Services meet every legal requirement applicable to your organization.

MemberSwift does not provide legal, tax, accounting, insurance, or financial advice. Templates, reports, agreements, and automated workflows must be reviewed for your organization’s needs.

16. Limitation of Liability

To the fullest extent permitted by law, MemberSwift will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, data, or opportunities. MemberSwift’s aggregate liability arising from the Services will not exceed the greater of $100 or the fees you paid to MemberSwift during the 12 months before the event giving rise to the claim. These limits do not apply where prohibited by law.

17. Indemnity

To the extent permitted by law, an organization agrees to defend and indemnify MemberSwift from third-party claims arising from its content, communications, payments, events, facilities, organization decisions, violation of law, infringement of rights, or misuse of the Services. This does not apply to the extent a claim was caused by MemberSwift’s own unlawful conduct.

18. Changes and General Terms

We may update these Terms when the Services or legal requirements change. Material changes will receive reasonable notice when required. If a provision is unenforceable, the remaining provisions continue. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; MemberSwift may assign them as part of a reorganization, financing, merger, acquisition, or sale.

These Terms are governed by applicable United States federal and state law, without applying conflict-of-law rules. Any proceeding must be brought in a court with lawful jurisdiction, unless applicable law requires otherwise. Before filing a claim, contact us and allow a reasonable opportunity to resolve the issue informally.

19. Contact

Questions about these Terms may be sent to info@memberswift.com.