PRODUCT-SPECIFIC TERMS FOR NEON FUNDRAISE

Last Updated: January 12, 2021

These Product-Specific Terms for Neon Fundraise (formerly known as Rallybound) (these “Neon Fundraise Terms“), which are Additional Terms subject to the Neon One General Terms of Service made available at https://neonone.com/termsofservice/ (the “Terms of Service”), set forth the terms and conditions upon which Neon One, LLC, directly or through any of its affiliated companies including, without limitation, Neon CRM, Neon Fundraise, Arts People, and CiviCore (“Neon One“, “we” or “us”) offers you, our end-users (“Customer”, “you” or “your”), access to Neon One’s Neon Fundraise proprietary cloud-based software-as-a-service solution (formerly known as Rallybound) made available through the Site and/or any Neon One mobile application (“Neon Fundraise”).  Access to Neon Fundraise is provided solely in accordance with, and subject to these Neon Fundraise Terms, the Terms of Service, the Sales Order, and any other Additional Terms.  For clarity, these Neon Fundraise Terms will supersede and replace any prior Neon One Product-Specific Terms for the Rallybound product. Capitalized terms used in these Neon Fundraise Terms and not otherwise defined herein shall have the meanings provided in the Terms of Service.

This is a legally enforceable contract.  By submitting or otherwise agreeing to a Sales Order, clicking “I Agree” to the Terms of Service or by accessing or otherwise using Neon Fundraise, you agree to be bound by these Neon Fundraise Terms, the Terms of Service, the Sales Order, and any other applicable Additional Terms.  If you do not agree to all such terms, do not access or use Neon Fundraise.  

From time to time, Neon One may modify these Neon Fundraise Terms in the same manner in which the Term of Service may be modified in accordance with the terms thereof. 

1. YOUR USE OF NEON FUNDRAISE

1.1 You are authorized under the Terms of Service to access and use Neon Fundraise solely for the purpose of identifying and soliciting potential donors for Customer. You acknowledge and agree that you may not use Neon Fundraise for any other purpose.

1.2 Customer agrees that when Customer uses the Neon Fundraise mail system directly or indirectly to solicit online Transactions, Customer will always and only use Neon One to process all online Transactions.

2. FUNDRAISING DISCLAIMER

2.1 Customer hereby acknowledges that, notwithstanding anything to the contrary, Neon One itself is not being engaged to nor will it provide fundraising counsel or any other direct or indirect fundraising services to Customer or to manage Customer’s fundraising activities, campaigns or events; and that any such fundraising counsel or management of any such activities, campaigns or events will be done by Customer or by other parties engaged by Customer for that purpose. Neon One does not guarantee any level of success in terms of donations, sponsorships, sales, memberships, or any other aspect of Customer’s business or operations.

3. FUNDS AND SETTLEMENT

3.1 Neon One may hold, to the extent permitted by law, any funds held by Neon One on behalf of Customer in connection with Neon Fundraise without interest, and will process any amounts received by Neon One and due to Customer in connection with Neon Fundraise twice each month as follows; on the last day of the month (or, in each instance, if holiday or weekend, the next occurring business day thereafter, respectively), or such shorter period as required by Applicable, from their receipt.