Part 1 : Hardware

1. Acceptance of Terms

Welcome to Nizam. By accessing or using the services provided by Nizam LLC (“we”, “us”, “our”), including any software, applications, websites, APIs, CRM, and/or payment processing services (“Services”), you (“you”, “your”, “user”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Services.  

2. Eligibility and Account Registration

2.1. Eligibility. By using our services, you warrant that you are at least the age of majority in your jurisdiction (18 years or older) and have the legal capacity to enter into binding agreements.

2.2. Account Creation and Credentials. To access certain parts of the Services, you must register for an account, providing accurate, current, and complete information. You agree to maintain and promptly update that information.

2.3. Security. You are responsible for safeguarding your login credentials (e.g. username, password) and all activity under your account. You agree to notify us immediately of any unauthorized use or security breach.

2.4. Suspension/Termination for Breach. We reserve the right to suspend or terminate your account and access to the Services if we reasonably suspect unauthorized use or a violation of these Terms.

3. Description of Hardware and Services

3.1. Scope of Services. We provide software-as-a-service solutions, which may include but are not limited to:

• Tap-to-Pay Donation Kiosk Services (StandPro): Hardware and software integration that enables Tap-to-Pay donation functionality on kiosk devices, including device management and software maintenance.
• Tablet (Handheld): Hardware and software integration that enables Tap-to-Pay donation functionality on tablet devices, including device management and software maintenance.
• Online Donation Software:  A web-based software platform that allows you to create hosted donation pages, embeddable widgets, and manage recurring giving, donor profiles, and campaign data.
• Software Maintenance & Updates: Ensuring the Tap-to-Pay application remains functional and up-to-date.
• Data Transmission & Processing: Enabling secure donation transactions.

3.2. Service Level and Support. We provide customer support assistance with software-related issues and inquiries, with an aimed response time of 24-48 hours. We do not guarantee uptime or continuous operation.

3.3. Device Purchase and Warranty. The initial invoice for the StandPro donation kiosk includes the one-time purchase of the tablet device, thereby transferring StandPro ownership to the customer. The tablet device is subject to a one-year manufacturer's limited warranty, which expressly excludes damage resulting from misuse, tampering, or accidental damage. Nizam LLC will evaluate, at our discretion, requests for tablet replacement due to general slowness or performance degradation on a case-by-case basis. Factors considered will include, but are not limited to, the tablet's physical condition, the overall performance of the customer's other kiosks, and the nature of the reported issue. Damage that indicates misuse or accidental damage, including but not limited to cracked screens or evidence of physical impact, will void any potential replacement by Nizam LLC beyond the manufacturer's warranty.

4. Use of Services & Restrictions

4.1 License Grant. Subject to your compliance with these Terms, we grant you a revocable, non-exclusive, non-transferable license to access and use the Services for your internal business/donation operations.

4.2. Permitted Use. You may use the Services for lawful fundraising or donation collection in conformance with applicable laws, regulations, and these Terms.

4.3 Restrictions. You may not, and you agree not to:

• Reverse engineer, decompile, or otherwise attempt to derive the source code;
• Modify, copy, distribute, or create derivative works of the Services (except as explicitly allowed);
• Rent, lease, sublicense, or assign your rights in the Services;
• Use the Services to engage in fraudulent, illegal, or unauthorized activity;
• Bypass or interfere with security features;
• Interfere with other users’ use of the Services;
• Use automated robots or scrapers to access or collect data without express permission.

5. Payment, Fees & Billing

5.1 Fees. You agree to pay all subscription fees, transaction fees, and any other charges specified in your plan or invoice.

5.2. Payment Processor. We use Stripe to process payments. You agree to abide by Stripe’s Terms of Service and Privacy Policy.

5.3 Authorization to Charge. You authorize us to charge your selected payment method for all fees incurred, including for auto-renewals.

5.4 Taxes & Fees. You are responsible for all applicable taxes, duties, levies, or similar assessments arising from your use of the Services.

5.5 Fee Changes. We may modify fees with reasonable notice (e.g. 30 days). Continued use after notice constitutes acceptance.

5.6 Refunds & Cancellations. All fees are non-refundable except as required by applicable law. Cancellation terminates future billing but does not entitle you to refund of amounts already paid.

6. Intellectual Property

6.1. Our IP. All intellectual property rights in the Services (software, designs, trademarks, processes) are owned by us or our licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your personal or internal business purposes. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services.  

6.2 Your Content. You retain ownership of content you upload (e.g. images, text). You grant us a license to use, display, reproduce, and transmit that content solely to operate the Services and fulfill our obligations.

6.3 No Implied Rights. These Terms do not grant you any rights not expressly stated, including rights to clone or exploit the core functionality of our technology.

7. Data, Privacy & Security

7.1. Data Processing. We will process donation transaction data and any user content in accordance with our Privacy Policy.

7.2. PCI Compliance & Payment Security. All credit card or payment information is handled via the payment processor and not stored by us; we rely on processor’s security standards.

7.3. Data Retention & Portability. Upon termination or at your request, we will provide you with reasonable access to export your data (donor lists, transaction records), subject to retention periods and backup policies.

7.4. Unauthorized Access. We will take reasonable technical and organizational measures to protect data. However, in case of breach, we will notify impacted users in accordance with applicable laws.

7.5. Donor Data Privacy. As between Nizam and Organization, all Donor Data is and shall remain the sole and exclusive property of the Organization. Nizam acquires no rights in the Donor Data except the limited rights to use it as necessary to provide the Services. Organization may export its Donor Data at any time during the Term in a standard format (e.g., CSV) through the provided dashboard tools without additional fees.

8. Warranties & Disclaimers

8.1. “As Is” Basis. The Services are provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2. No Guarantee of Service. We do not guarantee that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected.

8.3. Limited Hardware Warranty. Our only responsibility regarding the tablet hardware is under the manufacturer’s warranty or discretionary replacement as described above.

9. Limitation of Liability

9.1. Exclusion of Indirect Damages. To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: Your access to or use of or inability to access or use the Services; Any conduct or content of any third party on the Services; Any unauthorized access, use, or alteration of your transmissions or content. Nizam LLC’s liability pertaining to the tablet device hardware is limited to the terms of the manufacturer’s limited warranty and the device replacement policy delineated in section 2, Description of Services.

9.2. No Liability for Misuse. We will not be liable for damages arising from your misuse, negligence, or tampering with the hardware or Services.

10. Indemnification

You agree to defend, indemnify, and hold harmless Nizam LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, losses, damages, costs, or expenses (including attorneys’ fees) arising out of:

• Your use or misuse of the Services;
• Any content or material you upload or transmit;
• Your violation of these Terms or applicable law;
• Claims by third parties arising from your operations or fundraising.

11. Termination & Suspension

11.1. Termination by Us. We may suspend or terminate your access at our discretion, with or without notice, for violation of Terms or for any reason.

11.2. Effect of Termination. On termination, your right to use the Services ends. We may delete associated data or content, subject to backup and retention policies.

11.3. Surviving Provisions. Termination of these Terms will not affect any rights or obligations that accrued prior to termination.

• Reverse engineer, decompile, or otherwise attempt to derive the source code;
• Modify, copy, distribute, or create derivative works of the Services (except as explicitly allowed);
• Rent, lease, sublicense, or assign your rights in the Services;
• Use the Services to engage in fraudulent, illegal, or unauthorized activity;
• Bypass or interfere with security features;
• Interfere with other users’ use of the Services;
• Use automated robots or scrapers to access or collect data without express permission.

12. Changes to Terms

We reserve the right to modify these Terms at any time. Revised Terms become effective upon posting on our website or via the Services. Your continued use after that constitutes acceptance of the updated Terms. We will endeavor (but are not always required) to provide notice of significant changes (e.g. via email).

13. Miscellaneous

13.1. Entire Agreement. These Terms constitute the entire agreement between you and us with respect to the Services, superseding all prior agreements or understandings.

13.2. Severability. If any provision is held invalid or unenforceable, the remainder will remain enforceable.

13.3. Waiver. Our failure to enforce any right does not constitute a waiver.

13.4. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent; we may assign without restriction.

13.5. Publicity. You grant us a non-exclusive, perpetual, irrevocable right to use your name, logo, or trademark in our marketing materials (e.g. “customer of Nizam LLC”), unless you expressly opt out in writing.

13.6. Notices. All notices must be in writing and delivered via email or postal mail (as specified).

13.7. Force Majeure. We are not liable for delays or failures due to causes beyond reasonable control (e.g. natural disasters, internet outages, acts of government).

14. Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the United States of America, without giving effect to any principles of conflicts of law. Any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Part 2 : Software / Online

1. Acceptance of Terms

Welcome to Nizam. By accessing or using the services provided by Nizam LLC (“we”, “us”, “our”), including any hardware, software, applications, websites, APIs, CRM, online donation platforms, and/or payment processing services (“Services”), you (“you”, “your”, “user”) and the donor ("Donor") agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Services.  

2. Eligibility and Account Registration

2.1. Eligibility. By using our services, you warrant that you are at least the age of majority in your jurisdiction (18 years or older) and have the legal capacity to enter into binding agreements.

2.2. Account Creation and Credentials. To access certain parts of the Services, you must register for an account, providing accurate, current, and complete information. You agree to maintain and promptly update that information.

2.3. Security. You are responsible for safeguarding your login credentials (e.g. username, password) and all activity under your account. You agree to notify us immediately of any unauthorized use or security breach.

2.4. Suspension/Termination for Breach. We reserve the right to suspend or terminate your account and access to the Services if we reasonably suspect unauthorized use or a violation of these Terms.

3. Description of Hardware and Services

3.1. Scope of Services. We provide software-as-a-service solutions, which may include but are not limited to:

• Tap-to-Pay Donation Kiosk Services (StandPro): Hardware and software integration that enables Tap-to-Pay donation functionality on kiosk devices, including device management and software maintenance.
• Tablet (Handheld): Hardware and software integration that enables Tap-to-Pay donation functionality on tablet devices, including device management and software maintenance.
• Online Donation Software:  A web-based software platform that allows you to create hosted donation pages, embeddable widgets, and manage recurring giving, donor profiles, and campaign data.
• Software Maintenance & Updates: Ensuring the Tap-to-Pay application remains functional and up-to-date.
• Data Transmission & Processing: Enabling secure donation transactions.

3.2. Service Level and Support. We provide customer support assistance with software-related issues and inquiries, with an aimed response time of 24-48 hours. We do not guarantee uptime or continuous operation.

3.3. Device Purchase and Warranty. The initial invoice for the StandPro donation kiosk includes the one-time purchase of the tablet device, thereby transferring StandPro ownership to the customer. The tablet device is subject to a one-year manufacturer's limited warranty, which expressly excludes damage resulting from misuse, tampering, or accidental damage. Nizam LLC will evaluate, at our discretion, requests for tablet replacement due to general slowness or performance degradation on a case-by-case basis. Factors considered will include, but are not limited to, the tablet's physical condition, the overall performance of the customer's other kiosks, and the nature of the reported issue. Damage that indicates misuse or accidental damage, including but not limited to cracked screens or evidence of physical impact, will void any potential replacement by Nizam LLC beyond the manufacturer's warranty.

4. Use of Services & Restrictions

4.1 License Grant. Subject to your compliance with these Terms, we grant you a revocable, non-exclusive, non-transferable license to access and use the Services for your internal business/donation operations.

4.2. Permitted Use. You may use the Services for lawful fundraising or donation collection in conformance with applicable laws, regulations, and these Terms. You represent and warrant that:

• All information provided in your donation campaigns (including text, images, and mission statements) is accurate, truthful, and not misleading.
• Funds collected will be used solely for the purposes described in your campaign materials.
• You have all necessary rights and licenses to use any images, logos, or content you upload to your donation pages.

4.3 Restrictions. You may not, and you agree not to:

• Reverse engineer, decompile, or otherwise attempt to derive the source code;
• Modify, copy, distribute, or create derivative works of the Services (except as explicitly allowed);
• Rent, lease, sublicense, or assign your rights in the Services;
• Use the Services to engage in fraudulent, illegal, or unauthorized activity;
• Bypass or interfere with security features;
• Interfere with other users’ use of the Services;
• Use automated robots or scrapers to access or collect data without express permission.

5. Payment, Fees & Billing

5.1. Fees.  You agree to pay all subscription fees, hardware costs, and transaction fees (Platform Fees) as specified in your plan. Platform Fees may be deducted automatically from the donation principal before settlement.

5.2. Payment Processor. We use Stripe to process payments. You agree to abide by Stripe’s Terms of Service and Privacy Policy.

5.3 Authorization to Charge. You authorize us to charge your selected payment method for all fees incurred, including for auto-renewals.

5.4. Recurring Billing. We acknowledge that in the case of recurring donations, it is our responsibility to charge the donor at the chosen time points and regularly convey funds to you. We acknowledge that it is our responsibility to handle cancellation of recurring donations in a timely manner, so that further charges are not made within a reasonable time span after the cancellation request.

5.5. Taxes & Fees. You are responsible for all applicable taxes, duties, levies, or similar assessments arising from your use of the Services.

5.6. Fee Changes. We may modify fees with reasonable notice (e.g. 30 days). Continued use after notice constitutes acceptance.

5.7. Refunds & Cancellations. All fees are non-refundable except as required by applicable law. Cancellation terminates future billing but does not entitle you to refund of amounts already paid.

5.8. Chargebacks and Disputes. You are solely responsible for any chargebacks, disputes, or reversals initiated by donors. You authorize Nizam LLC (or our payment processor) to deduct the amount of the chargeback plus any associated fees from your account balance or connected bank account. Nizam LLC is not liable for refunding Platform Fees on transactions that are subsequently refunded to the donor.

6. Intellectual Property

6.1. Our IP. All intellectual property rights in the Services (software, designs, trademarks, processes) are owned by us or our licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your personal or internal business purposes. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services.  

6.2 Your Content. You retain ownership of content you upload (e.g. images, text). You grant us a license to use, display, reproduce, and transmit that content solely to operate the Services and fulfill our obligations.

6.3 No Implied Rights. These Terms do not grant you any rights not expressly stated, including rights to clone or exploit the core functionality of our technology.

7. Data, Privacy & Security

7.1. Data Processing. We will process donation transaction data and any user content in accordance with our Privacy Policy. You acknowledge that for online donations, you are the data controller. You agree to maintain a Privacy Policy that complies with applicable laws and informs donors how you use their data.

7.2. PCI Compliance & Payment Security. All credit card or payment information is handled via the payment processor and not stored by us; we rely on processor’s security standards and do not maintain or have access to this information.

7.3. Data Retention & Portability. Upon termination or at your request, we will provide you with reasonable access to export your data (donor lists, transaction records), subject to retention periods and backup policies.

7.4. Unauthorized Access. We will take reasonable technical and organizational measures to protect data. However, in case of breach, we will notify impacted users in accordance with applicable laws.

7.5. Ownership of Donor Data. You (the User) retain ownership of your donor lists and transaction history ("Donor Data"). You grant Nizam LLC a worldwide, royalty-free license to access, use, process, copy, and store Donor Data solely for the purpose of providing the Services, improving our platform, and facilitating transactions. As between Nizam and Organization, all Donor Data is and shall remain the sole and exclusive property of the Organization. Nizam acquires no rights in the Donor Data except the limited rights to use it as necessary to provide the Services. Organization may export its Donor Data at any time during the Term in a standard format (e.g., CSV) through the provided dashboard tools without additional fees.

8. Warranties & Disclaimers

8.1. “As Is” Basis. The Services are provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2. No Guarantee of Service. We do not guarantee that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected.

8.3. Limited Hardware Warranty. Our only responsibility regarding the tablet hardware is under the manufacturer’s warranty or discretionary replacement as described above.

9.  Limitation of Liability

9.1. Exclusion of Indirect Damages. To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: Your access to or use of or inability to access or use the Services; Any conduct or content of any third party on the Services; Any unauthorized access, use, or alteration of your transmissions or content. Nizam LLC’s liability pertaining to the tablet device hardware is limited to the terms of the manufacturer’s limited warranty and the device replacement policy delineated in section 2, Description of Services.

9.2. No Liability for Misuse. We will not be liable for damages arising from your misuse, negligence, or tampering with the hardware or Services.

10.  Indemnification

You agree to defend, indemnify, and hold harmless Nizam LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, losses, damages, costs, or expenses (including attorneys’ fees) arising out of:

• Your use or misuse of the Services;
• Any content or material you upload or transmit;
• Your violation of these Terms or applicable law;
• Claims by third parties arising from your operations or fundraising.

11. Termination & Suspension

11.1. Termination by Us. We may suspend or terminate your access at our discretion, with or without notice, for violation of Terms or for any reason.

11.2. Effect of Termination. On termination, your right to use the Services ends. We may delete associated data or content, subject to backup and retention policies.

11.3. Surviving Provisions. Termination of these Terms will not affect any rights or obligations that accrued prior to termination.

12. Changes to Terms

We reserve the right to modify these Terms at any time. Revised Terms become effective upon posting on our website or via the Services. Your continued use after that constitutes acceptance of the updated Terms. We will endeavor (but are not always required) to provide notice of significant changes (e.g. via email).

13. Miscellaneous

13.1. Entire Agreement. These Terms constitute the entire agreement between you and us with respect to the Services, superseding all prior agreements or understandings.

13.2. Severability. If any provision is held invalid or unenforceable, the remainder will remain enforceable.

13.3. Waiver. Our failure to enforce any right does not constitute a waiver.

13.4. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent; we may assign without restriction.

13.5. Publicity. You grant us a non-exclusive, perpetual, irrevocable right to use your name, logo, or trademark in our marketing materials (e.g. “customer of Nizam LLC”), unless you expressly opt out in writing.

13.6. Notices. All notices must be in writing and delivered via email or postal mail (as specified).

13.7. Force Majeure. We are not liable for delays or failures due to causes beyond reasonable control (e.g. natural disasters, internet outages, acts of government).

14. Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the United States of America, without giving effect to any principles of conflicts of law. Any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

15. Donor-Specific Terms & Disclaimers

15.1. No Responsibility for Organization Acts. Nizam provides the technical infrastructure for donations. We are not responsible for the fundraising claims, tax-exempt status, or the ultimate use of funds by any Organization.

15.2. Finality of Donations. All donations processed through Nizam are final. Donors seeking refunds must contact the Organization directly. Nizam will not arbitrate disputes between Donors and Organizations regarding donation intent or fulfillment.

15.3. Tax Documentation. The Organization is solely responsible for providing Donors with any required tax receipts or acknowledgments. Nizam does not warrant that any donation is tax-deductible.

15.4. Data Sharing. By making a donation, Donors consent to their information being shared with the recipient Organization. Nizam's liability for such data ends once it is successfully transferred to the Organization's account.