Terms of Service
These Terms of Service ("Terms") are a legal agreement between you ("you," "your," or "Customer") and FaithNexus App LLC, a Delaware limited liability company ("FaithNexus," "we," "us," or "our"), governing your access to and use of the FaithNexus church management software platform, including the websites located at faithnexus.app and app.faithnexus.app, any related mobile or desktop applications, and all associated services, features, and content (collectively, the "Service").
- A mandatory arbitration clause and class-action waiver (Section 18);
- Important representations and obligations that apply if you use the children's check-in feature (Section 5A);
- Uncapped indemnification obligations for certain claims (Section 13);
- Automatic renewal of paid subscriptions (Section 4);
- A limitation of liability (Section 12).
1. Who These Terms Apply To
The Service is provided to two categories of users:
- Churches ("Customer Churches") that register an account to manage their operations on the Service, represented by an administrator with authority to bind the church.
- Individual users ("Members") who create individual accounts to participate in a Customer Church's activities through the Service.
Where the Service involves financial transactions or administrative actions, the Customer Church is the contracting party with FaithNexus, and the Customer Church — not FaithNexus — is responsible for the accuracy of data it loads into the Service and for its interactions with its Members. FaithNexus is a technology platform, not a church, a fiduciary, a payment institution, an investment advisor, or a legal advisor.
2. Eligibility
To use the Service, you must be at least 18 years old or the age of legal majority in your jurisdiction, and you must have the legal authority to enter into a binding contract. If you are registering on behalf of a Customer Church, you represent and warrant that you have authority to bind that church. We may request documentation of that authority at any time.
Members under 18 may use the Service only with a parent or legal guardian who has agreed to these Terms on their behalf, or under the authorization of a Customer Church for church-supervised activities. Children under 13 may only appear in the Service as the subject of records created by parents, legal guardians, or authorized Customer Church administrators. We do not permit children under 13 to create user accounts. Customer Churches using the children's check-in feature must comply with Section 5A and with our Children's Privacy Notice.
3. Account Registration and Security
You must provide accurate, current, and complete information when creating an account and keep that information up to date. You are solely responsible for all activity under your account, including the activity of any staff, volunteers, or other individuals to whom you grant access. You agree to: (a) safeguard your password and credentials; (b) use strong, unique passwords; (c) notify us immediately of any unauthorized use of your account or security breach; and (d) promptly remove access for any staff or volunteer who leaves the Customer Church.
We are not liable for any loss or damage arising from your failure to protect your credentials or to manage access within your organization.
4. Subscription Plans, Fees, Billing, and Automatic Renewal
4.1 Subscription plans
Customer Churches may subscribe to the Service on one of the following plans, as updated from time to time on our pricing page:
- Seed: $79 per month for churches with fewer than 150 members.
- Growth: $149 per month for churches with between 150 and 750 members.
- Enterprise: $249 per month for churches with more than 750 members.
FaithNexus may determine the applicable plan based on the actual number of Members, and may reclassify a Customer Church's plan if the Customer Church exceeds the tier threshold, with at least 30 days' advance notice.
4.2 Free trial
New Customer Churches may be offered a free trial of up to 60 days. At the end of the trial, paid subscription fees will begin automatically unless the Customer Church cancels before the trial ends. FaithNexus may modify or discontinue the trial program at any time.
4.3 Automatic renewal
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the then-current billing period.
4.4 Payment processing
All fees are billed in advance through our payment processor, Stripe, Inc. You authorize us and Stripe to charge your designated payment method for all fees owed. If a payment fails, we may suspend the Service until payment is received and may charge a reasonable reactivation fee.
4.5 Fee changes
We may change our fees with at least 30 days' advance notice. Your continued use after the effective date constitutes acceptance.
4.6 No refunds
All fees are non-refundable except where required by law. Partial months or unused time are not refunded.
4.7 Donations and tithes
FaithNexus facilitates donation and tithe processing through Stripe on behalf of Customer Churches. Donation funds flow directly from donors to the Customer Church's Stripe account; FaithNexus does not hold, custody, or control donation funds. Stripe's processing fees are separate from FaithNexus subscription fees and are governed by the Stripe Services Agreement between the Customer Church and Stripe.
4.8 Taxes
Subscription fees do not include taxes. You are responsible for any applicable sales, use, value-added, or other taxes, duties, or charges, other than taxes on FaithNexus's net income.
5. Customer Data
"Customer Data" means all data, information, records, documents, and content that a Customer Church, its Members, or its authorized users submit, upload, or transmit through the Service, including personal information of the Customer Church's congregants.
As between you and FaithNexus, the Customer Church owns and is responsible for its Customer Data. You grant FaithNexus a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers) license to host, process, transmit, display, back up, and otherwise use Customer Data as reasonably necessary to: (a) provide, maintain, secure, and improve the Service; (b) prevent or address technical or security issues; (c) comply with law or valid legal process; and (d) enforce these Terms.
You represent and warrant that: (a) you have all necessary rights, consents, and authorizations to submit Customer Data to the Service and to grant the license in this Section; (b) Customer Data does not violate any law or infringe, misappropriate, or otherwise violate the rights of any third party; (c) with respect to personal information of congregants, your collection and sharing practices comply with all applicable privacy laws; and (d) you will not submit any sensitive categories of information not reasonably required for the operation of the Service.
5.1 De-identified and aggregated data
FaithNexus may generate de-identified or aggregated data derived from Customer Data (data that cannot reasonably be used to identify any individual) and may use such data for any lawful business purpose, including product development, analytics, benchmarking, marketing, and research. De-identified and aggregated data is not Customer Data.
5A. Children's Information and Parental Consent
5A.1 Church Responsibility for Parental Consent
The Customer Church — not FaithNexus — is responsible for obtaining verifiable parental consent from the parent or legal guardian of each child before entering that child's information into the Service. As a condition of using the children's check-in feature, the Customer Church represents, warrants, and covenants that:
- The Customer Church maintains a documented parental consent process (the "Consent Process") that is reasonably designed to obtain verifiable consent from a parent or legal guardian before any child's personal information is entered into the Service;
- The Consent Process is maintained in written form, is followed consistently, and is retained as part of the Customer Church's records for at least three years;
- The Customer Church has obtained, or will obtain before entering any child's information, parental consent that includes (at minimum) (i) the identity of the Customer Church, (ii) the categories of information that will be collected, (iii) how the information will be used, (iv) that a third-party technology provider (FaithNexus) will host the information, and (v) a means for the parent or guardian to review, correct, or request deletion of the child's information;
- The Customer Church complies, and will continue to comply, with the Children's Online Privacy Protection Act of 1998 ("COPPA"), its implementing regulations (16 C.F.R. Part 312), and any applicable state laws governing the collection of information from children;
- The Customer Church will not use the children's check-in feature for any purpose other than the Customer Church's internal, non-commercial church programs.
5A.2 Method of Consent
The Customer Church may select any method of obtaining parental consent that is appropriate for its context, provided the method is reasonably calculated to ensure consent is given by a parent or legal guardian. Acceptable methods include a signed written consent form, a verifiable credit-card or debit-card charge of nominal amount, telephone verification, or any other method specified by the Federal Trade Commission as sufficient for verifiable parental consent under COPPA.
FaithNexus does not itself obtain, verify, or maintain records of parental consent for individual children and does not validate a Customer Church's compliance with this Section 5A.
5A.3 Parental Notice
The Customer Church must provide each parent or legal guardian, at or before the time of consent, with a notice that (a) describes what information will be collected, (b) states that a third-party technology provider hosts the information, (c) explains that the parent or guardian may review, correct, or request deletion of the child's information, and (d) includes contact information for the Customer Church's designated privacy contact.
5A.4 Data Minimization and Retention
The Customer Church agrees: (i) to collect from children only information reasonably necessary for the children's check-in feature to function safely; (ii) not to enter highly sensitive categories of children's information (such as Social Security numbers, medical treatment records, or biometric identifiers) into the Service; and (iii) to delete a child's information from the Service when the child is no longer participating in the Customer Church's programs or when the parent or guardian requests deletion.
5A.5 Parental Requests Received by FaithNexus
If a parent or legal guardian contacts FaithNexus directly with a request to review, correct, or delete a child's information, FaithNexus will (a) acknowledge the request within five business days, (b) notify the relevant Customer Church promptly, and (c) cooperate to honor the request.
5A.6 Audit Right
Upon reasonable notice, no more than once per calendar year (absent a regulatory event or credible report of non-compliance), FaithNexus may request that the Customer Church provide written evidence of its Consent Process. The Customer Church will cooperate in good faith.
5A.7 Suspension for Non-Compliance
If FaithNexus receives credible information that a Customer Church is not complying with this Section 5A, FaithNexus may, in its sole discretion: (a) require the Customer Church to provide written confirmation of compliance; (b) suspend the Customer Church's access to the children's check-in feature pending resolution; and/or (c) terminate the Customer Church's subscription. Suspension or termination under this provision is not a refundable event.
6. Acceptable Use Policy
You agree not to, and not to permit any third party to:
- Use the Service for any unlawful, harmful, fraudulent, or abusive purpose;
- Upload, transmit, or distribute content that is defamatory, obscene, sexually explicit, violent, harassing, discriminatory, or otherwise objectionable;
- Upload or transmit any content that infringes or violates any third party's intellectual property, publicity, privacy, or other rights;
- Attempt to gain unauthorized access to the Service or any systems or networks connected to the Service;
- Probe, scan, or test the vulnerability of the Service, or attempt to decompile, reverse engineer, or derive the source code of the Service except to the extent such restriction is prohibited by applicable law;
- Interfere with or disrupt the integrity or performance of the Service, including by sending malware, viruses, worms, or excessive or automated requests;
- Circumvent or attempt to circumvent any access limitations, rate limits, or usage restrictions;
- Use the Service to send unsolicited commercial communications (spam) or to send communications in violation of the TCPA, CAN-SPAM Act, or similar laws;
- Use the Service to collect, harvest, or scrape personal information from other users without authorization;
- Use the Service to facilitate or promote illegal activity, including money laundering, fraud, or violations of applicable tax or charitable-solicitation laws;
- Enter children's information into the Service without complying with Section 5A;
- Use the Service to train machine-learning models or artificial-intelligence systems without our prior written consent;
- Resell, sublicense, or provide the Service to any third party as a service bureau, except as expressly authorized by us in writing;
- Remove, obscure, or alter any notices, labels, or markings on the Service.
We may investigate any suspected violation and cooperate with law enforcement and regulators. We may remove offending content and suspend or terminate accounts without prior notice for serious violations.
7. Intellectual Property
FaithNexus and its licensors retain all right, title, and interest in and to the Service, including all software, designs, user interfaces, workflows, documentation, and all trademarks, service marks, logos, and trade dress (the "FaithNexus IP"). All rights not expressly granted to you are reserved. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely in accordance with these Terms for the duration of your subscription.
You may not copy, modify, create derivative works from, publicly display, publicly perform, distribute, or commercially exploit any FaithNexus IP without our prior written consent. "FaithNexus" and associated logos are trademarks of FaithNexus App LLC; you may not use these trademarks except as expressly permitted in writing.
7.1 Feedback
If you submit ideas, suggestions, feature requests, or other feedback ("Feedback"), you grant FaithNexus an irrevocable, perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, and exploit the Feedback for any purpose, without any obligation of confidentiality or compensation to you.
7.2 Publicity
FaithNexus may identify Customer Church as a customer on its marketing website, pitch decks, and investor materials, and may use Customer Church's name and logo solely to identify Customer Church as a customer, subject to Customer Church's reasonable branding guidelines. Customer Church may opt out by written notice to marketing@faithnexus.app.
8. Third-Party Services and Sub-Processors
The Service integrates with and depends on third-party services, including Stripe (payment processing), Twilio (SMS and voice notifications), Supabase (database and authentication infrastructure), Vercel (application hosting), and others identified from time to time on our website (collectively, "Sub-Processors"). Your use of any third-party service is governed by that third party's terms and privacy policy.
We may add, replace, or remove Sub-Processors from time to time. We will post an updated Sub-Processor list on our website and, for Sub-Processors that process Customer Data in a materially different manner, provide at least 30 days' advance notice. Your continued use constitutes acceptance.
9. Beta and Preview Features
From time to time, FaithNexus may make beta, preview, alpha, or experimental features available ("Beta Features"). Beta Features are provided "AS IS" and "AS AVAILABLE" and are expressly excluded from any service-level commitments, warranties, or uptime obligations. FaithNexus may modify, suspend, or discontinue any Beta Feature at any time. Use of Beta Features is at your sole risk.
10. Suspension
We may immediately suspend all or part of your access to the Service if: (a) your payment is past due; (b) we reasonably believe you are using the Service in violation of these Terms; (c) we reasonably believe your use presents a security risk; (d) we are required to do so by law; or (e) your account is the subject of a credible regulatory inquiry. Suspension does not relieve you of your obligation to pay fees.
11. Warranty Disclaimer
We do not warrant that the Service will be uninterrupted, error-free, timely, secure, or free from viruses or other harmful components, nor that defects will be corrected. You acknowledge that the Service relies on third-party infrastructure outside our control.
12. Limitation of Liability
These limitations do not apply to liability that cannot be limited by law, including liability for gross negligence, willful misconduct, or fraud. You acknowledge these limitations are a material part of the bargain and reflect an allocation of risk between the parties.
13. Indemnification
You agree to defend, indemnify, and hold harmless FaithNexus and its officers, directors, members, employees, agents, and Sub-Processors (the "FaithNexus Parties") from and against any and all claims, demands, investigations, proceedings, liabilities, damages, judgments, fines, penalties, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of the Service;
- Your Customer Data, including any claim that Customer Data violates applicable law or infringes a third-party right;
- Your violation of these Terms or of any applicable law;
- Your violation of any third-party right, including any privacy, publicity, or intellectual property right;
- Any act or omission by your Members, volunteers, staff, contractors, or authorized users;
- Your failure to obtain or maintain verifiable parental consent as required by Section 5A, or any other breach of Section 5A;
- Any investigation, proceeding, fine, penalty, or enforcement action by the FTC, any state attorney general, or any other governmental authority relating to children's information;
- Any dispute between you and a donor, Member, congregant, former employee, or volunteer;
- Any tax assessment related to donations processed through the Service or to your classification of workers.
14. Term and Termination
These Terms remain in effect while you use the Service. You may cancel your subscription at any time through your account settings. We may suspend or terminate your access at any time, with or without cause and with or without notice, including if you violate these Terms, if payment is past due, or if your continued use creates legal, financial, or reputational risk for FaithNexus.
14.1 Effect of termination
- Your right to use the Service ends immediately.
- We will make Customer Data available for export for 30 days after termination, unless prohibited by law.
- Fees paid are not refunded (except where required by law).
- Any amounts owed become immediately due and payable.
14.2 Survival
Sections that by their nature should survive termination shall survive, including Sections 5, 5A, 7, 9, 11, 12, 13, 16, 18, and 19.
15. Force Majeure
Neither party is liable for any failure or delay in performance (other than payment of fees) resulting from causes beyond its reasonable control, including acts of God, natural disasters, acts of war or terrorism, riots, labor disputes, pandemics, governmental actions, power or internet outages, failures of third-party communications or infrastructure providers, or cyberattacks.
16. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
17. Changes to the Service or Terms
We may modify the Service or these Terms at any time in our reasonable discretion. We will provide reasonable notice of material changes. Your continued use after the effective date constitutes acceptance. For changes that materially reduce your rights, we will seek affirmative re-acceptance through a clickwrap prompt at your next login.
18. Dispute Resolution, Arbitration, and Class-Action Waiver
18.1 Informal resolution
Before initiating arbitration, the parties agree to attempt in good faith to resolve any dispute informally for a period of 60 days, beginning when the claiming party sends written notice describing the dispute.
18.2 Binding arbitration
Except for (a) disputes qualifying for small-claims court and (b) claims for injunctive or equitable relief related to intellectual property or confidentiality, any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, or remotely as the arbitrator directs.
18.3 Class-action waiver
18.4 Opt-out
You may opt out of this Section 18 by sending a written notice to legal@faithnexus.app within 30 days after first accepting these Terms.
18.5 Equitable relief
Either party may seek injunctive or other equitable relief in a state or federal court located in Wilmington, Delaware, to protect its intellectual property, confidential information, or the integrity of the Service.
19. General
19.1 Entire agreement
These Terms, together with the Privacy Policy, the Children's Privacy Notice, and any order forms or addenda we sign together, constitute the entire agreement between you and FaithNexus.
19.2 Severability
If any provision is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
19.3 No waiver
No failure or delay in exercising any right will operate as a waiver of that right.
19.4 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms without your consent in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.
19.5 No third-party beneficiaries
These Terms do not confer any rights or remedies on any person other than you and FaithNexus, except that Sub-Processors are intended third-party beneficiaries of the warranty disclaimers and liability limitations.
19.6 Notices
Notices to FaithNexus must be sent to the address in Section 20. Notices to you may be delivered by email or by posting in the Service.
19.7 Independent contractors
The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.
19.8 Export
You may not use the Service in violation of U.S. export controls or economic sanctions laws.
19.9 Headings
Headings are for convenience only and do not affect interpretation.
20. Contact
FaithNexus App LLC
44679 Endicott Dr Suite 300
Ashburn, VA 20147
Email: legal@faithnexus.app