Terms of Use

1. About these Terms

1.1These Terms of Use ("Terms") govern your access to and use of the website at hookpilot.ca and its subdomains (the "Website") and the HookPilot donor analytics platform, dashboards, reports, exports, emails and related services (together, the "Platform" and, with the Website, the "Services"), provided by HookPilot Inc., a company incorporated under the laws of Ontario with its office at 100 Harrison Garden Blvd, Toronto ("HookPilot", "we", "us" or "our").

1.2By accessing or using the Services, you agree to these Terms. If you use the Services on behalf of an organization, you confirm that you are authorized to accept these Terms for that organization, and "you" includes that organization.

1.3If you do not agree to these Terms, do not use the Services.

1.4Paid subscriptions, founding partner arrangements, pilots and other commercial services are also governed by a separate order form, subscription agreement or founding partner agreement signed by you and HookPilot (an "Agreement"). If an Agreement conflicts with these Terms, the Agreement prevails for the matters it covers.

1.5Our Privacy Policy explains how we handle personal information and forms part of these Terms.

2. Eligibility

2.1The Platform is intended for organizations, including registered charities, nonprofits, foundations, faith communities and the consultants who support them, and for individuals acting on their behalf.

2.2You must be at least 18 years old and able to form a binding contract to create an account.

2.3You may not use the Services if you are prohibited from doing so under applicable law.

3. Accounts and access

3.1Access to the Platform requires an account created by HookPilot or by an authorized administrator of your organization. Accounts are assigned a role (for example Client, Client Admin, Analyst or Reviewer) that determines what the user can see and do.

3.2We sign users in with one-time codes sent by email. You are responsible for keeping access to your email account secure, for all activity under your account, and for promptly telling us at hello@hookpilot.ca if you believe your account has been used without authorization.

3.3You must provide accurate account information and keep it up to date. Accounts are personal to the named user and must not be shared.

3.4Your organization is responsible for managing its users, including removing access for people who leave or no longer need it.

3.5We may suspend or restrict access to an account if we reasonably believe it is being used in breach of these Terms, poses a security risk, or if required by law. Where reasonable, we will tell you why.

4. Your data

4.1"Customer Data" means data you or your users upload to or create in the Platform, including gift records, donor identifiers, giving history, postal or postcode prefixes, fund, campaign and appeal information, interaction records and related fields.

4.2Ownership. You retain all rights in your Customer Data. HookPilot does not acquire ownership of Customer Data.

4.3Licence to us. You grant HookPilot a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit and display Customer Data only as needed to provide, secure, support and improve the Services for you, to comply with law, and as otherwise described in our Privacy Policy and your Agreement.

4.4Data minimisation. The Platform is designed to work with donor identifiers and giving history, not donor names or contact details. Our upload process is designed to remove names, email addresses, street addresses, phone numbers, free-text notes and full postal codes before data is sent to us. You remain responsible for reviewing what you upload and must not intentionally upload information that is not needed for the Services, including donor names, contact details, health information, government identifiers, payment card or bank details, or other sensitive personal information.

4.5Your responsibilities. You confirm that you have all rights, consents and authority needed to provide Customer Data to us and for us to process it as described in these Terms, and that doing so complies with applicable privacy, charity, data protection and other laws, and with any commitments you have made to your donors.

4.6Aggregated and de-identified data. We may create aggregated or de-identified information from use of the Services (for example, performance statistics about the Platform) that does not identify you, your organization or any individual, and use it to operate and improve the Services. We will not publish information that identifies your organization without your written permission.

4.7Retention and deletion. We retain Customer Data for as long as needed to provide the Services and as set out in your Agreement and our Privacy Policy. When your use of the Platform ends, you may request deletion of your Customer Data and we will delete it within a reasonable time, except where we must keep it to comply with law or resolve disputes, or where it remains in routine backups until they are overwritten.

4.8Exports. While your account is active you can download your released reports, workbooks and lists that the Platform makes available for export.

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5. Privacy and where data is processed

5.1We handle personal information in accordance with our Privacy Policy and applicable Canadian privacy law, including the Personal Information Protection and Electronic Documents Act (PIPEDA) where it applies.

5.2We use third-party service providers to operate the Services, including cloud hosting, email delivery and an artificial intelligence provider that drafts explanations of calculated results. Some of these providers may process or store data outside Canada, where it may be subject to the laws of those countries. We choose providers with appropriate safeguards and limit what they receive to what is needed for their function.

5.3The artificial intelligence provider receives calculated figures and anonymized donor identifiers needed to draft explanations. It does not receive donor names or contact details.

6. How the Platform works, and its limits

6.1Calculations. The Platform calculates fundraising measures ("KPIs"), donor priority groups and related outputs from Customer Data using defined rules and settings, such as your reporting year and major-gift threshold. Results depend on the completeness and accuracy of the data you provide and the settings selected.

6.2AI-assisted explanations. Some written explanations are first drafted by an artificial intelligence system using calculated figures. These drafts are reviewed by a person before release, and you may see whether a card was released with an approved explanation or as a number only. Despite review, written explanations may contain errors or omissions.

6.3Human review. Reports are reviewed by a fundraising professional before release within the target timeframe described on our Website or in your Agreement. Target timeframes are estimates, not guarantees.

6.4Scenarios. Any scenario, projection or illustration in the Services (for example, a percentage uplift or recovery scenario) is illustrative only and is not a forecast or promise of future revenue.

6.5Decision support only. The Services are decision-support tools. They are not legal, tax, accounting, financial, investment, fundraising compliance or other professional advice. You are responsible for your decisions, including which donors to contact, how and when, and for complying with donor preferences, consent requirements, anti-spam law (including Canada's Anti-Spam Legislation), charity regulations and receipting rules.

6.6No guarantee of results. We do not guarantee any particular fundraising, retention, revenue or other outcome from using the Services.

7. Acceptable use

You must not, and must not allow anyone else to:

(a)use the Services in breach of any law, regulation or third-party right;

(b)upload Customer Data you do not have the right to share, or information prohibited by section 4.4;

(c)attempt to access another organization's data, accounts or workspace, or test, probe or circumvent security or access controls;

(d)interfere with or disrupt the Services, including by introducing malware or placing an unreasonable load on our systems;

(e)copy, scrape, frame, reverse engineer, decompile or attempt to derive the source code, models, rules or structure of the Services, except where the law allows this despite this restriction;

(f)resell, sublicense, rent or provide the Services to third parties except as permitted in your Agreement;

(g)use the Services or outputs to build a competing product or to train artificial intelligence models;

(h)misrepresent HookPilot outputs, including presenting illustrative examples or scenarios as actual results;

(i)use the Services to send unsolicited messages or to contact people contrary to their stated preferences.

8. Website content, examples and sample data

8.1Content on the Website is provided for general information. It may be updated or removed without notice.

8.2Figures, dashboards, donor identifiers and scenarios shown on the Website, in demonstrations or in marketing materials are illustrative or based on fictional sample data unless clearly stated otherwise. They do not describe any real organization or donor, and they are not a promise of results.

8.3Links to third-party websites are provided for convenience. We do not control and are not responsible for third-party websites or their content.

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9. Fees and payment

9.1Access to the Website is free. Access to paid features of the Platform is subject to the fees, billing terms, term and renewal provisions in your Agreement.

9.2Unless your Agreement says otherwise, fees are in Canadian dollars and exclude applicable taxes, which you are responsible for.

9.3Founding partner, pilot or promotional terms apply only as set out in a written Agreement and only for the period stated in it.

10. Intellectual property

10.1HookPilot and its licensors own all rights in the Services, including software, rules, models, designs, text, graphics, logos, the HookPilot name and trademarks, and documentation, excluding Customer Data.

10.2Subject to these Terms and your Agreement, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Services for your organization's internal purposes during your subscription.

10.3Reports, workbooks and lists generated for you from your Customer Data ("Outputs") may be used, copied and shared by you for your organization's purposes, including with your board, staff, volunteers and advisors. HookPilot's underlying methods, templates and branding remain ours.

10.4You may not use HookPilot's name, logos or trademarks without our prior written permission, except to refer factually to your use of the Services.

11. Feedback

If you give us suggestions, ideas or feedback about the Services, you allow us to use them without restriction or compensation. We will not identify you as the source without your permission.

12. Emails and communications

12.1We send service emails needed to operate your account, such as sign-in codes, report and plan notifications, and security or policy notices. These are part of the Services.

12.2We send marketing emails only with your consent, in line with Canada's Anti-Spam Legislation. You can unsubscribe at any time using the link in each message.

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13. Third-party services

The Services rely on third-party providers, including hosting, email, analytics display and artificial intelligence services. We are not responsible for outages or failures of third-party services outside our reasonable control, but we will take reasonable steps to limit the impact on you.

14. Availability, changes and support

14.1We aim to keep the Services available and secure, but we do not guarantee they will be uninterrupted or error-free. We may carry out maintenance, which we try to schedule to minimise disruption.

14.2We may change, add or remove features. If a change materially reduces the core functionality of a paid subscription, we will tell you in advance where practical, and your Agreement will govern any remedy.

14.3Support is provided as described in your Agreement or on our Website.

15. Security

We use reasonable administrative, technical and physical safeguards designed to protect Customer Data, including role-based access, separation of each organization's data and an audit trail of approvals and edits. No system is completely secure. If we become aware of a security incident affecting your Customer Data, we will notify you without undue delay and as required by law.

16. Term, suspension and termination

16.1These Terms apply for as long as you use the Services.

16.2You may stop using the Website at any time. Ending a paid subscription is governed by your Agreement.

16.3We may suspend or terminate your access if you materially breach these Terms and do not fix the breach within a reasonable time after notice, or immediately where required by law or to prevent harm to the Services, other users or individuals.

16.4On termination, your right to use the Platform ends. Sections 4 (Your Data, as it relates to deletion and retention), 6.5, 6.6, 10, 11 and 17 to 23 continue to apply.

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17. Disclaimers

To the fullest extent permitted by law, the Services and all content and Outputs are provided "as is" and "as available". HookPilot disclaims all warranties and conditions, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement, except as expressly set out in your Agreement. Nothing in these Terms excludes warranties or rights that cannot be excluded under applicable law.

18. Limitation of liability

18.1To the fullest extent permitted by law, HookPilot is not liable for any indirect, incidental, special, consequential or punitive damages, or for lost revenue, lost donations, lost profits, loss of goodwill or loss of data, arising from or related to the Services, even if advised of the possibility of such damages.

18.2To the fullest extent permitted by law, HookPilot's total liability arising from or related to the Services is limited to the amount you paid HookPilot for the Services in the twelve (12) months before the event giving rise to the claim, or one hundred Canadian dollars (CAD $100) if you have not paid anything.

18.3These limits do not apply to liability that cannot be limited by law, including liability for fraud or wilful misconduct.

19. Indemnity

You agree to indemnify and hold HookPilot harmless from third-party claims, losses and reasonable costs (including reasonable legal fees) arising from your Customer Data, your breach of these Terms or applicable law, or your use of Outputs to contact individuals, except to the extent caused by HookPilot's breach of these Terms.

20. Governing law and disputes

20.1These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict of law rules.

20.2Before starting any formal proceeding, each party agrees to try in good faith to resolve the dispute by contacting the other and discussing it for at least thirty (30) days.

20.3Subject to section 20.2, the courts of Ontario sitting in Toronto, Ontario have exclusive jurisdiction over any dispute arising from these Terms, except that either party may seek urgent injunctive relief in any competent court.

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21. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms on this page with a new "Last updated" date and, for material changes, we will notify account holders by email or in the Platform at least thirty (30) days before they take effect. Continuing to use the Services after changes take effect means you accept them.

22. General

22.1Entire agreement. These Terms, the Privacy Policy and any Agreement are the entire agreement between you and HookPilot about the Services.

22.2Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets, with notice to you.

22.3Severability. If any part of these Terms is found unenforceable, the rest remains in effect.

22.4No waiver. Not enforcing a provision is not a waiver of our right to do so later.

22.5Force majeure. Neither party is responsible for delays or failures caused by events beyond its reasonable control.

22.6Independent parties. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.

22.7Language. These Terms are drafted in English, and where the law requires a French version, the French version is provided.

22.8Accessibility. If you need these Terms in another format, contact us at hello@hookpilot.ca.

23. Contact us

HookPilot Inc.

100 Harrison Garden Blvd, Toronto

Email: hello@hookpilot.ca

Website: hookpilot.ca

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