Terms of Service

Last Updated: December 1, 2025

Welcome to EverRaise. These Terms of Service ("Agreement" or "Terms") govern your access to and use of the EverRaise platform, applications, websites, and services (collectively, the "Platform"), provided by EverRaise, Inc. ("EverRaise," "we," "our," or "us").

By creating an account, accessing the Platform, or using any EverRaise service, you ("User," "You," or "Your") agree to be legally bound by these Terms. If you do not agree, you may not use the Platform.

1. Description of the Service

EverRaise provides AI-powered tools that enable organizations to automate donor engagement and communication through voice calls, SMS messages, and email. The Platform may include analytics, campaign management, integrations with third-party services, and AI-generated content.

You acknowledge that EverRaise is not a fundraising consultant, legal advisor, call center, telemarketing organization, or compliance service, and does not guarantee fundraising outcomes or donor responses.

2. Eligibility

You must be legally capable of entering a binding contract and authorized to act on behalf of your organization. You represent and warrant that all information you provide is accurate and complete.

3. User Accounts

You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. EverRaise is not liable for unauthorized access resulting from your failure to secure your credentials.

4. Acceptable Use

User agrees not to use the Platform to:

• Send unlawful, deceptive, fraudulent, or abusive communications

• Contact individuals without valid, documented consent

• Upload or transmit prohibited content, malware, or harmful scripts

• Interfere with the Platform's functionality, performance, or security

• Use the Platform for any unlawful, unethical, or unpermitted purpose

EverRaise may suspend or terminate access for violations of these Terms.

5. User Responsibility for Compliance (TCPA, TSR, 10DLC, Charitable Solicitation Laws)

User acknowledges and agrees that:

• User is solely responsible for compliance with all federal, state, and local laws governing calls, texts, emails, fundraising, charitable solicitation, political communication, and consumer protection.

• EverRaise does not verify contact lists, consent records, opt-in data, opt-out handling, caller intent, or message legality.

• EverRaise is not the "caller," "initiator," "seller," "charitable organization," "professional fundraiser," or "telemarketer" under TCPA, TSR, FCC rules, carrier rules, or any fundraising regulations.

• User is the sole initiator and controller of all communications.

User must comply with:

• TCPA

• TSR

• FCC regulations

• 10DLC/A2P registration and carrier rules

• State-specific fundraising and solicitation registration requirements

• State DNC laws

• National Do Not Call Registry rules

• Data privacy and data protection laws

EverRaise takes no responsibility for User's compliance obligations.

6. Consent Verification

User represents and warrants that it has obtained all legally required consents, notices, and authorizations for every contact record uploaded into the Platform, including:

• Prior express consent

• Prior express written consent (for prerecorded/AI voice to mobile numbers)

• Opt-in disclosures

• Consent for charitable solicitations where required

EverRaise does not verify User consent records.

7. Prohibited Uses (High-Risk Communications)

User may not use the Platform to initiate:

• Prerecorded or artificial voice calls to mobile devices without prior express written consent

• Political calls or advocacy calls without required consent

• Charitable solicitations without required state registrations

• Misleading or deceptive fundraising statements

• Communications to emergency numbers or government agencies

• Contact to numbers on any DNC registry (unless exempt)

• Debt collection messages requiring FDCPA disclosures

• Fraudulent, harassing, or abusive calls

EverRaise may suspend or terminate accounts for high-risk or unlawful activity.

8. AI-Generated Content and Disclosures

User acknowledges that:

• AI-generated content may be inaccurate or incomplete

• User is solely responsible for reviewing and approving all content before transmission

• Some states require explicit disclosure that the caller is an artificial voice

• User is responsible for all required AI-related disclosures

EverRaise does not guarantee the accuracy or legality of AI-generated scripts or calls.

9. Recording Disclosure Compliance

If User enables call recording:

• User is solely responsible for complying with all one-party or two-party consent laws

• User must obtain all legally required disclosures and permissions

• EverRaise does not provide legal advice regarding recording compliance

EverRaise is not liable for unlawful call recordings.

10. 10DLC, A2P, and Carrier Compliance

User is solely responsible for:

• Registering campaigns

• Registering phone numbers

• Uploading sample messages

• Maintaining compliance with 10DLC, A2P, and carrier rules

EverRaise cannot guarantee message delivery, carrier approval, or protection from carrier blocking.

11. Third-Party Services

The Platform may rely on third parties such as Twilio, email gateways, AI providers, hosting providers, and CRM integrations. EverRaise is not responsible for:

• Third-party outages

• Carrier blocking

• Third-party errors or disruptions

• Changes in third-party pricing or policies

Use of third-party services is governed by their individual terms.

12. Fees and Payment

Subscription fees, usage charges, telephony costs, AI usage fees, and taxes are billed according to User's plan. All payments are non-refundable unless required by law. EverRaise may modify pricing with advance notice.

13. Data Privacy and Security

EverRaise processes personal data in accordance with its Privacy Policy.

User remains solely responsible for:

• Obtaining legally required consents to store and process data

• Ensuring data uploaded into the Platform is lawful

• Complying with privacy laws (e.g., GDPR, CCPA, state privacy acts)

EverRaise will not sell, rent, or use User's contact lists except to operate the Platform.

14. Ownership of Contact Lists and Content

User retains ownership of all contact lists, messages, and content submitted to the Platform. EverRaise claims no rights to User data beyond what is required to operate the service.

User grants EverRaise a limited license to process and transmit content strictly for the purpose of delivering communications initiated by User.

15. Automated Decision-Making Disclaimer

User acknowledges that:

• Recommendations, scoring, segmentation, and AI-generated call script suggestions are automated

• Automated outputs may be incorrect or unsuitable

• User is responsible for reviewing all automated outputs before use

EverRaise is not liable for decisions made based on AI recommendations.

16. Government Requests and Investigations

EverRaise may comply with:

• Subpoenas

• Court orders

• Regulatory inquiries

• Valid law enforcement requests

User agrees to cooperate with any investigation arising from its use of the Platform.

17. Indemnification

The User agrees that all use of the Platform, including the transmission of AI-generated voice calls, shall comply with all applicable federal, state, and local laws, regulations, and industry standards, including but not limited to those governing consent to call, charitable solicitations, telemarketing, consumer protection, privacy, and data security. The User is solely responsible for ensuring such compliance.

The User shall indemnify, defend, and hold harmless EverRaise, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• The User's violation of any applicable law or regulation

• The User's breach of this Agreement

• Any third-party claim resulting from the User's use of the Platform

This indemnification obligation shall survive termination of the Agreement.

18. EverRaise Intellectual Property

All rights, title, and interest in the Platform—including software, AI models, trademarks, branding, and content—remain the exclusive property of EverRaise.

User receives a non-exclusive, non-transferable, revocable license to use the Platform for internal business purposes.

19. Termination

EverRaise may suspend or terminate User access:

• For non-payment

• For compliance violations

• For breach of these Terms

• For activity deemed high-risk or harmful

• At EverRaise's discretion with reasonable notice

Upon termination, all access to the Platform will end.

Sections involving indemnification, limitation of liability, compliance, and data obligations survive termination.

20. Disclaimer of Warranties

The Platform is provided "as is" and "as available." EverRaise makes no warranties regarding:

• Fitness for a particular purpose

• Accuracy of AI-generated content

• Legal compliance of User communications

• Uninterrupted or error-free service

• Outcomes or fundraising performance

User uses the Platform at their own risk.

21. Limitation of Liability

To the maximum extent permitted by law, EverRaise shall not be liable for:

• Loss of donations, revenue, or business opportunities

• Fines, penalties, or costs resulting from User's non-compliance

• Carrier or telephony-related blocking, filtering, or disruptions

• Data loss, corruption, or system failures

• Third-party service outages

EverRaise's total liability is limited to the amount User paid in the preceding 12 months.

22. Modifications to These Terms

EverRaise may update these Terms at any time. Continued use of the Platform after updates constitutes acceptance of the revised Terms.

23. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of [Insert State], without reference to conflict-of-law rules.

Disputes will be resolved through binding arbitration unless prohibited by law.

24. Contact Information

For questions, contact: admin@everraise.com