Terms of Service

You must be at least 18 years old and have the authority to enter into a binding agreement on behalf of yourself or your organization. By using our services, you represent that these conditions are met.

Mozart Works provides nonprofit fundraising software (mozartworks.org) and vertical SaaS embedded services (mozartworks.ai), including but not limited to embedded accounting, marketing automation, CRM, payments, and AI agent infrastructure. Specific features and service levels are described in your applicable order form, statement of work, or subscription agreement, which are incorporated into these Terms by reference.

By opting in to Mozart Works text messages, you agree to these messaging terms.

• Program description. Mozart Works sends account-related text messages, including alerts, approval requests and confirmations, account-activity and security notifications, and account status updates, to users who have opted in through our web form, a QR code, or by texting us.
• Consent. Your consent to receive text messages is not a condition of purchasing any goods or services.
• Message frequency. Message frequency varies based on your account activity.
• Message and data rates. Message and data rates may apply.
• Opt-out and help. You may opt out at any time by replying STOP to any message. After you send STOP, we will send a confirmation and then stop sending messages. Reply HELP for assistance, or contact us at privacy@mozartworks.org.
• Carrier liability. Carriers (including wireless carriers) are not liable for delayed or undelivered messages.
• Privacy. Your information is handled in accordance with our Privacy Policy.

• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You must promptly notify us of any unauthorized access to or use of your account.
• We reserve the right to suspend or terminate accounts that violate these Terms or that we believe pose a security risk.
• You may not share access credentials with unauthorized parties or use the services in a way that circumvents any access controls.

You agree not to:

• Use our services for any unlawful purpose or in violation of any applicable laws or regulations.
• Transmit any content that is fraudulent, defamatory, obscene, or that infringes on the intellectual property or privacy rights of others.
• Attempt to probe, scan, or test the vulnerability of our systems, or to breach or circumvent any security or authentication measures.
• Interfere with or disrupt the integrity or performance of our services or the data contained within them.
• Use automated means (bots, scrapers, crawlers) to access or extract data from our services without our prior written consent.
• Resell, sublicense, or otherwise commercialize our services without our express written permission.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

All content, software, designs, trademarks, and other materials on our websites and within our services are the property of Mozart Works or our licensors and are protected by intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services solely for their intended purpose as described in your agreement with us. You do not acquire any ownership rights in our services or intellectual property by using them.

You retain ownership of any data or content you upload or provide through our services ("Customer Data"). You grant us a limited license to use Customer Data solely to provide and improve the services.

• Fees for our services are set forth in your applicable order form or subscription agreement and are due as stated therein.
• Unless otherwise stated, fees are non-refundable. We will provide a pro-rated refund only where required by applicable law.
• We may update our pricing with 30 days' notice. Continued use of the services after a price change constitutes acceptance of the new pricing.
• Late payments may be subject to a finance charge of 1.5% per month or the maximum rate permitted by law, whichever is lower.

Each party may have access to confidential information of the other party in connection with the services. Each party agrees to protect the other's confidential information with the same degree of care it uses to protect its own confidential information (but no less than reasonable care), and to use it only to perform obligations or exercise rights under these Terms.

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. If you are a business customer providing us with data about your own end-users, the parties may execute a separate Data Processing Agreement governing that processing.

Our services may integrate with or depend on third-party services (e.g., payment processors, accounting infrastructure, email delivery). We are not responsible for the availability, accuracy, or conduct of any third-party service. Your use of any third-party service is subject to that service's own terms and policies.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Mozart Works does not provide legal, tax, financial, or accounting advice. Any information or output generated by our services is for informational purposes only and should not be relied upon as professional advice.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOZART WORKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

You agree to indemnify, defend, and hold harmless Mozart Works and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any Customer Data you provide to us.

These Terms remain in effect while you use our services. Either party may terminate these Terms or your subscription at any time for any reason with 30 days' written notice, unless your order form specifies a different notice period.

We may suspend or terminate your access immediately without notice if you materially breach these Terms, including any Acceptable Use obligations, or if we are required to do so by law.

Upon termination, your right to use the services ceases immediately. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and governing law) will survive.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising from or relating to these Terms or the services shall be resolved through binding arbitration administered by JAMS under its Streamlined Arbitration Rules, with proceedings conducted in English. The arbitrator's decision shall be final and binding. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a prominent notice on our website at least 14 days before the changes take effect. Your continued use of the services after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the services before the changes take effect.

• Entire agreement. These Terms, together with your order form and our Privacy Policy, constitute the entire agreement between you and Mozart Works regarding the services and supersede all prior agreements.
• Severability. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
• Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce it in the future.
• Assignment. You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.
• Notices. Legal notices to us must be sent to the address below. We may send notices to you at the email address associated with your account.

Questions about these Terms? Reach out to our legal team: