Terms of Service

These terms are an agreement between KindTru LLC, a North Carolina limited liability company (“KindTru,” “we”), and the organization named when an account is created (“your organization”). The person who creates the account accepts these terms on the organization's behalf, and confirms that they are at least 18 and authorized to do so. We ask for that acceptance when the account is created, and we keep a record of the version of these terms that was accepted and when.

What KindTru Is

KindTru helps community nonprofits see clearly where they stand and decide where they are going. The service includes a confidential organizational assessment (an intake, a survey of your board and staff, and a scored report); resources for planning and for leading the conversations that follow; support for carrying the work through the year; and related free tools that anyone may use without an account. The features inside each part change as we improve the product, and what is included in a purchase is described when you buy.

Your Account

• Each organization has one administrator account, responsible for the assessment process, respondent invitations, and report access.
• Provide accurate information at signup and intake; the assessment is tailored from it.
• Keep your credentials secure and tell us immediately about suspected unauthorized access.

Inviting Respondents

Your organization decides whom to invite. You confirm that your organization is entitled to give us the names and email addresses it enters and to invite those people, that each of them has a real connection to it (such as its board members and staff), and that each is at least 18. You agree not to pressure anyone to tell you how they answered.

Respondents don't create accounts or accept these terms. The confidentiality promises we make to them in our Privacy Policy bind us regardless.

If you share a task hand-off link or distribute communications through KindTru, you're choosing to share that content with those recipients, and you confirm that your organization is entitled to use the email addresses it enters for that.

Acceptable Use

KindTru exists for internal organizational improvement. You agree not to:

• Use results to punish, discipline, or take adverse action against individual board members or staff.
• Attempt to work out any individual's survey answers from combined results, or to get around any of the safeguards that keep a small group's results from being shown.
• Publicly misrepresent your organization's assessment results.
• Use our free tools in bulk or by automation, including scraping, scripts or repeated queries meant to build a dataset. The tools are for people looking things up, and we may limit or block traffic that looks automated.

If you're a foundation using learning cohorts, you additionally agree not to attempt to identify any organization's individual results or sharing choices from cohort results, and not to use cohort results punitively against any grantee. You also agree not to use an organization's private assessment results, its category-by-category sharing decisions, or its refusal to share more of its assessment, as a factor in an individual decision about a grant, a renewal or the size of a grant. This does not stop a foundation from funding a capacity-building program in which taking part in a cohort is itself part of the program.

Generated Documents and AI

KindTru's reports and working documents are drafted with AI assistance from your organization's own information. They are educational starting points, not professional advice. KindTru does not provide legal, tax, financial or consulting advice, and using KindTru does not create an attorney-client relationship, or any other professional relationship, with KindTru or anyone who works for it. In particular:

• Policy starter drafts (conflict of interest, whistleblower, document retention, gift acceptance) are written to be discussed by your board and reviewed by a qualified attorney before adoption. Adopting one without that review is outside their intended use.
• Generated text can be incomplete or wrong, and two runs from the same information may not read the same. Review documents before relying on or sharing them; your organization is responsible for what it adopts and shares. We may change the AI models or providers we use, so the wording of what KindTru generates may change even when the feature itself does not.
• Your outputs are yours to use. As between KindTru and your organization, KindTru claims no ownership in the reports, plans, drafts and other outputs generated for your organization, except for KindTru's pre-existing framework, templates and other materials incorporated in them. You may use, copy, adapt and share your outputs for your organization's purposes.

The KindTru Framework

The framework itself (the assessment categories, question bank, scoring method, planning tools and document templates) belongs to KindTru. You may use it through the product. You may not copy it out of the product or resell it.

The Free Tools

The public-record lookup and the portfolio pre-flight display data from public IRS filings via ProPublica's Nonprofit Explorer. That data may lag an organization's current fiscal year and can contain filing or processing errors. The Planning Check gives a general reading based only on your own answers. Nothing in these tools is an evaluation, rating, or endorsement of any organization, and the tools are provided as-is, without an account and without warranty.

Payment and Refunds

• Organizational Health & Planning is a one-time purchase per assessment, at the price shown when you buy. There is no subscription and no recurring charge.
• Refunds: for paid purchases, a full refund is available within 7 days, provided your report has not yet been generated. Once a report is generated, the purchase is non-refundable.
• If we can't deliver your report: if a problem on our side prevents us from producing your report, we'll work to fix it. If we still cannot deliver the report within seven days after you ask us to build it, you may choose a full refund, regardless of when you bought the assessment.
• Codes: a purchase completed with a 100%-discount code involves no payment and has nothing to refund; any program-specific conditions are described when a code is issued. Codes have no cash value, may not be sold, and may expire.
• Foundation cohort purchases are made through a short written order that names the price, the number of assessments and the payment terms, and that incorporates these terms. Terms printed on a purchase order or similar form do not change these terms unless KindTru agrees to them expressly in writing.
• Referrals: when an organization buys using your organization's referral code, it receives the referral discount shown at checkout, and your organization receives a code for one free assessment. That code works only for your organization, can be used once, expires two years after it is issued, and has no cash value. We may change or end the referral program, but we will honor any code already issued until it expires. If you recommend KindTru publicly while sharing your referral code, please mention that your organization receives a free assessment when someone buys with it.
• All payments are processed securely through Stripe. We do not store your payment details.

Service Availability

Some of KindTru depends on other companies' services, including artificial-intelligence services. We work to keep KindTru available and reliable, but we do not guarantee that it, or any feature, will always be available, uninterrupted, timely or error-free. Maintenance, technical problems, outages or changes at the services we rely on, and events beyond our reasonable control can delay or interrupt a feature. When that happens, we may retry, delay or regenerate the affected work. We may change the service providers and technologies we use.

Limitation of Liability

KindTru is provided “as is.” To the fullest extent permitted by law, we disclaim implied warranties and are not liable for indirect, incidental, or consequential damages arising from your use of KindTru, including reliance on generated documents. To the fullest extent permitted by law, KindTru's total aggregate liability arising out of or relating to KindTru will not exceed the greater of (a) the amount your organization paid for the assessment giving rise to the claim or (b) $100.

That cap does not apply to fraud or willful misconduct, and nothing in these terms limits any liability that the law does not allow us to limit.

If Someone Else Brings a Claim

The people your organization invites have no agreement with KindTru; we rely on your organization for who they are and how results are used. So your organization will cover KindTru's reasonable costs, including legal fees, from a claim brought by someone else, but only where the claim was caused by one of these:

• your organization gave us contact information, or invited someone, when it was not lawfully entitled to;
• an attempt, prohibited by these terms, to identify how a respondent answered;
• results used to punish or take adverse action against an individual, in breach of these terms; or
• material your organization supplied that violates someone else's rights.

We will tell you promptly about any such claim. This section covers nothing beyond that list.

Leaving, and Being Asked to Leave

• You can leave anytime. Contact us to close your account; we'll export your data on request, then delete it (or delete it after 30 days if no export is requested). Our Privacy Policy lists the few records that are kept a little longer.
• We may terminate accounts that violate these terms. Using results punitively against individuals is the example we care most about.

Changes to These Terms

We'll post updates here with a new date. If a change is materially adverse to your organization, we'll email account holders at least 30 days before it takes effect, unless the law or a security need requires us to act sooner. If a change materially reduces rights your organization already has under these terms, we will ask your organization to accept the new terms (for example, the next time it signs in) rather than rely on continued use alone. For other changes, continuing to use KindTru after the change takes effect means your organization accepts it.

Governing Law and Disputes

North Carolina law governs these terms, without regard to its conflict-of-laws rules. Any lawsuit about them will be brought in the state courts of Durham County, North Carolina, or the federal court for the Middle District of North Carolina, and both of us agree to those courts' jurisdiction.

If something goes wrong, please write to us first at hello@kindtru.org and give us 30 days to try to put it right. If we can't, either of us may go to court. We do not require arbitration. Two exceptions: either of us may ask a court for an injunction or other urgent relief at any time, and the 30 days do not stand in the way of a claim in small claims court.

The Rest

These terms, together with any written order for a foundation cohort, are the whole agreement between us about KindTru. Our Privacy Policy explains how KindTru handles information. It is not itself part of this agreement, except for the confidentiality promises to respondents referred to under “Inviting Respondents.”

If a court finds part of these terms unenforceable, the rest still applies. If we don't enforce a part right away, we haven't given it up. Your organization may not transfer these terms without our written consent; we may transfer them to a company that takes over KindTru, and we'll tell you if we do. Neither of us is responsible for a delay caused by events beyond our reasonable control.

Contact Us

Questions about these terms? hello@kindtru.org. A person reads it.