MissionHand Terms of Service

Serve by Design, LLC — Effective Date: July 1, 2026 Version 1.0

Who We Are and What This Agreement Covers
Definitions
Your Subscription and Access Rights
Account Registration and Responsibilities
Fees and Payment
Your Data
Acceptable Use
Our Intellectual Property
Confidentiality
Disclaimers of Warranty
Limitation of Liability
Indemnification
Term and Termination
Data Portability and Deletion After Termination
Privacy and Data Processing
Changes to the Service or These Terms
General Provisions

1. Who We Are and What This Agreement Covers

These Terms of Service (this "Agreement") are a legal contract between Serve by Design, LLC, a Florida limited liability company ("Company," "we," "us," or "our"), and the nonprofit organization or other entity that creates an account for our MissionHand platform ("Customer," "you," or "your").

By clicking "I Agree," signing an Order Form that references these Terms, or by accessing or using MissionHand, you agree to be bound by this Agreement. If you are agreeing on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, do not use MissionHand.

Our principal place of business is: 7439 Midway Rd, Jacksonville, FL 32244. You can reach us at info@servecustom.com.

2. Definitions

"Agreement" means these Terms of Service and any Order Forms, addenda, or policies incorporated by reference.
"Customer Data" means all data, information, and content that you or your Authorized Users upload, submit, or generate through MissionHand, including donor records, beneficiary records, and volunteer information.
"Authorized User" means an individual — an employee, volunteer, or contractor of yours — whom you authorize to access MissionHand under your subscription.
"Documentation" means user guides, help center articles, and other materials we make available describing how to use MissionHand.
"Fees" means the subscription charges described in your Order Form or our then-current pricing page.
"MissionHand" or "Service" means the cloud-based nonprofit operations platform we provide at missionhand.com and via associated APIs and mobile interfaces.
"Order Form" means a written or electronic order that specifies the subscription tier, pricing, and any special terms.
"Personal Data" means any information relating to an identified or identifiable natural person that is part of Customer Data.
"Sub-processors" means third-party service providers we use to deliver the Service, as listed in our Sub-processor List.

3. Your Subscription and Access Rights

3.1 License Grant. Subject to your compliance with this Agreement and timely payment of Fees, we grant you a limited, non-exclusive, non-transferable right to access and use MissionHand during the subscription term, solely for your internal nonprofit operations.

3.2 Authorized Users. You may permit your Authorized Users to access the Service. You are responsible for ensuring that your Authorized Users comply with this Agreement. The maximum number of Authorized Users, if any, will be stated in your Order Form.

3.3 No Transfer. You may not sublicense, resell, or otherwise transfer your access rights to any third party without our prior written consent.

3.4 Service Updates. We may update, modify, or add features to MissionHand at any time. We will not remove core functionality that you rely on without reasonable notice (except where required by law or to address security issues).

4. Account Registration and Responsibilities

4.1 Accurate Information. You agree to provide accurate, complete, and current information when creating your account and to keep that information up to date.

4.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at info@servecustom.com if you suspect unauthorized access.

4.3 Your Responsibilities. You are responsible for.

Obtaining any required consents from donors, beneficiaries, volunteers, and other individuals whose data you enter into MissionHand.
Ensuring that your use of MissionHand complies with all laws and regulations applicable to your organization, including any laws governing the data you collect and manage.
Maintaining current contact and billing information.

4.4 No Minors as Direct Users. You agree not to allow persons under 18 years old to create accounts or directly access MissionHand. This restriction does not prevent you from entering information about minor beneficiaries into the system as case management records, subject to your own legal obligations to those individuals.

5. Fees and Payment

5.1 Subscription Fees. You agree to pay the Fees specified in your Order Form or on our pricing page. Fees are due in advance for each billing period.

5.2 Payment Processing. We use Stripe to process subscription payments. By providing payment information, you authorize us (through Stripe) to charge your payment method on a recurring basis until you cancel.

5.3 Donation Payments Are Separate. When donors contribute through MissionHand's donation features, those funds flow directly into the nonprofit's own Stripe or PayPal account. We never take custody of donor funds, never hold a balance, and are not a money transmitter. We simply record transaction data on your behalf.

5.4 Taxes. Fees do not include taxes. You are responsible for any sales, use, or similar taxes imposed by applicable law on your subscription.

5.5 Late Payment. If payment is not received when due, we may suspend your access after providing reasonable notice, and we may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by law.

5.6 Refunds. All Fees are non-refundable except as expressly stated in this Agreement or as required by applicable law. If we terminate your subscription for reasons other than your breach, we will refund a pro-rated portion of prepaid Fees for the unused portion of the current term.

5.7 Price Changes. We may change our Fees at any time with at least 30 days' advance notice. Price changes will take effect at the start of your next renewal period. If you do not agree to a price change, you may cancel before the renewal date.

6. Your Data

6.1 Ownership. You own your Customer Data. This Agreement does not transfer any ownership of your Customer Data to us.

6.2 License to Provide the Service. You grant us a limited, non-exclusive, worldwide license to access, process, store, and use your Customer Data solely to provide, maintain, improve, and support the Service for you. We will not use your Customer Data for any other purpose, including to develop competing products, train AI models, or advertise to your donors or beneficiaries.

6.3 Data Processing. We process Personal Data in your Customer Data as a data processor acting on your instructions. Our Data Processing Addendum (the "DPA"), available at https://missionhand.com/legal/dpa and incorporated into this Agreement, governs that processing.

6.4 Your Obligations as Controller. You are the data controller of all Personal Data in your Customer Data. You are responsible for having a lawful basis to collect and process that data, for providing required privacy notices to the individuals concerned, and for responding to any requests those individuals make regarding their data.

6.5 Sensitive Data. MissionHand is designed to hold case management information about social-services beneficiaries, which may be sensitive. You represent that you have appropriate legal authority and consents to enter this data and that you will use MissionHand in compliance with all laws governing its collection and use.

7. Acceptable Use

Your use of MissionHand must comply with our Acceptable Use Policy (the "AUP"), which is incorporated into this Agreement. The AUP describes conduct that is prohibited. We may suspend or terminate access immediately for AUP violations.

8. Our Intellectual Property

8.1 Our IP. We own MissionHand, its code, design, features, and all other intellectual property we develop. Nothing in this Agreement transfers any ownership of our IP to you.

8.2 Feedback. If you send us suggestions or feedback about MissionHand, you grant us the right to use that feedback without restriction or compensation. You are not obligated to provide feedback.

8.3 Your Marks. You grant us permission to use your name and logo solely to identify you as a customer (e.g., on a customer list). We will remove your name and logo promptly upon written request.

9. Confidentiality

9.1 Definition. "Confidential Information" means non-public information that one party discloses to the other and that is identified as confidential or that a reasonable person would understand to be confidential given the circumstances of disclosure. Your Customer Data is your Confidential Information. Our pricing, product roadmap, and technical documentation that we share under NDA are our Confidential Information.

9.2 Obligations. Each party will: (a) keep the other party's Confidential Information confidential; (b) use it only as necessary to perform this Agreement; and (c) share it only with employees or contractors who need to know and who are bound by confidentiality obligations at least as protective as those in this Agreement.

9.3 Exceptions. These obligations do not apply to information that: (a) is or becomes publicly available without breach of this Agreement; (b) a party independently develops without reference to the other party's Confidential Information; (c) a party lawfully receives from a third party without restriction; or (d) is required to be disclosed by law or court order (provided the disclosing party gives prompt notice to the other, where legally permitted, to allow it to seek a protective order).

9.4 Duration. Confidentiality obligations survive termination of this Agreement for 3 years, except that obligations relating to trade secrets continue for as long as the information qualifies as a trade secret.

10. Disclaimers of Warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that: (a) the Service will be uninterrupted or error-free; (b) errors will be corrected; (c) the Service or the servers that make it available are free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

We will use commercially reasonable efforts to make the Service available. We do not guarantee any specific uptime level and do not offer uptime credits.

11. Limitation of Liability

11.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Aggregate Cap. EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES YOU PAID TO US IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM.

11.3 Exceptions. Nothing in this Section limits liability for: (a) death or personal injury caused by either party's negligence; (b) fraud or willful misconduct; or (c) your obligation to pay Fees owed.

12. Indemnification

12.1 By You. You will defend, indemnify, and hold us harmless from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service in violation of this Agreement; (b) your Customer Data, including any claim by a donor, beneficiary, or volunteer that their data was mishandled; (c) your violation of any applicable law; or (d) the acts or omissions of your Authorized Users.

12.2 By Us. We will defend, indemnify, and hold you harmless from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of any claim by a third party that the Service itself (excluding your Customer Data) infringes a U.S. patent, copyright, or trademark. Our obligation does not apply if the alleged infringement arises from: (a) your modification of the Service; (b) your combination of the Service with other products not provided by us; or (c) your continued use after we provide a non-infringing alternative.

12.3 Procedure. The indemnified party must: (a) promptly notify the indemnifying party of the claim in writing; (b) give the indemnifying party sole control of the defense and settlement (provided any settlement does not impose obligations on the indemnified party without its consent); and (c) cooperate reasonably in the defense.

13. Term and Termination

13.1 Term. This Agreement begins when you create an account or sign an Order Form and continues for the initial subscription period stated in your Order Form. It will automatically renew for successive periods of the same length unless either party gives written notice of non-renewal at least 30 days before the end of the current period.

13.2 Termination for Cause. Either party may terminate this Agreement immediately on written notice if the other party materially breaches this Agreement and fails to cure the breach within 30 days of receiving written notice describing the breach.

13.3 Termination for Convenience. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period; we do not offer pro-rated refunds for cancellation mid-period unless the cancellation is due to our material breach.

13.4 Termination by Us. We may terminate this Agreement or suspend access to the Service immediately if: (a) you violate the AUP; (b) you become insolvent or make an assignment for the benefit of creditors; or (c) we are required to do so by law.

13.5 Effect of Termination. Upon termination, your right to access the Service ends. Sections 2 (Definitions), 6 (Your Data, regarding post-termination handling), 8–12, 14, and 17 survive termination.

14. Data Portability and Deletion After Termination

14.1 Export Before Termination. During your active subscription, you may export your Customer Data at any time using MissionHand's built-in export tools. We encourage you to export your data before canceling.

14.2 Wind-Down Period. After termination or expiration of your subscription, we will retain your Customer Data in read-only storage for 60 days (the "Wind-Down Period"). During this period, you may contact us at info@servecustom.com to request a data export, and we will make commercially reasonable efforts to assist.

14.3 Deletion. After the Wind-Down Period, we will delete or destroy your Customer Data from our production systems in accordance with our data deletion procedures. Residual copies in encrypted backups will be overwritten within our standard backup rotation cycle, which is currently 90 days.

14.4 Certification. Upon your written request, we will provide a written certification that we have completed deletion of your Customer Data.

15. Privacy and Data Processing

Our Privacy Policy describes how we collect and use information about individuals who visit our website or contact us directly (i.e., information about your staff who sign up for accounts). Our Data Processing Addendum governs our processing of Customer Data on your behalf. Both documents are incorporated into this Agreement.

16. Changes to the Service or These Terms

16.1 Changes to the Service. We may change, add, or remove features of MissionHand. We will give you at least 30 days' advance notice of any change that materially reduces the core functionality of the Service. If a change materially and adversely affects you, your sole remedy is to terminate the Agreement before the change takes effect and receive a pro-rated refund of prepaid Fees.

16.2 Changes to These Terms. We may update these Terms at any time. If we make material changes, we will notify you by email to your account email address or by posting a prominent notice in MissionHand at least 30 days before the changes take effect. Your continued use of MissionHand after the effective date constitutes acceptance of the updated Terms.

17. General Provisions

17.1 Governing Law. This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-law rules.

17.2 Dispute Resolution. Any dispute arising out of or related to this Agreement will be resolved exclusively in the state or federal courts located in Duval County, Florida. Each party consents to the personal jurisdiction of those courts.

17.3 Entire Agreement. This Agreement (including any Order Forms, the DPA, the Privacy Policy, the AUP, and the Sub-processor List) constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous agreements, understandings, and communications.

17.4 Order of Precedence. In the event of a conflict between documents: Order Form > DPA > these Terms > Privacy Policy > AUP.

17.5 Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

17.6 Waiver. A party's failure to enforce any right or provision of this Agreement is not a waiver of that right or provision.

17.7 Assignment. You may not assign this Agreement or any of your rights or obligations under it without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of our assets, provided we give you reasonable notice and the assignee assumes all of our obligations under this Agreement.

17.8 Force Majeure. Neither party is liable for delays or failures in performance caused by circumstances beyond its reasonable control, including natural disasters, acts of government, internet outages, or pandemic-related disruptions, provided the affected party notifies the other party promptly and uses reasonable efforts to mitigate the impact.

17.9 Notices. Notices to us must be sent in writing to: Serve by Design, LLC, 7439 Midway Rd, Jacksonville, FL 32244, or by email to info@servecustom.com. Notices to you will be sent to the email address on your account.

17.10 No Agency. Nothing in this Agreement creates a partnership, joint venture, or agency relationship between the parties.

17.11 US Government Customers. If your organization is a government entity, additional terms may be required, and some standard provisions (like arbitration and limitation of liability) may not apply.

17.12 Export Compliance. You agree to comply with all applicable US export control laws and regulations in your use of MissionHand.