Terms of Service

1. Agreement & Defined Terms

These Terms of Service ("Terms") govern your use of the website getprecheck.io and the software, integrations, and services operated by Bright Sight Ventures LLC ("Precheck," "we," "us," or "our").

To keep these Terms clear and straightforward, we use the following defined terms:

• "Site" means the website located at getprecheck.io and all related marketing, documentation, and informational pages.
• "Services" means Precheck's website, web application, software, API integrations, data sync pipelines, and artificial intelligence data extraction and processing services.
• "Customer" (or "you") means the nonprofit organization, foundation, business entity, or individual subscribing to or using the Services.
• "Customer Data" means all check images, donation letters, constituent records, gift amounts, credentials, and other documents or data uploaded to, or synchronized through, the Services by you or on your behalf.
• "Order Form" means any written order, quote, schedule, or electronic signup confirmation executed between Customer and Precheck specifying subscription tiers, fees, and service scope.
• "Agreement" means the complete, binding agreement between Customer and Precheck, consisting of these Terms together with any applicable Order Form.

2. Order Forms & Order of Precedence

When you enter into a signed or agreed Order Form with Precheck, that Order Form and these Terms together form the entire Agreement between us. If there is any direct conflict between the terms of an Order Form and these Terms, the Order Form controls on fees, service scope, and subscription term, and these Terms control on all other matters.

3. Acceptance & Authority to Bind

By creating an account, logging into the Precheck application for the first time, clicking to accept these Terms, or using the Services, you agree to be legally bound by this Agreement on behalf of yourself and your organization. You represent and warrant that you have full legal authority to bind your organization to these Terms. If you do not have that authority, or if you do not agree with these Terms, you must not access or use the Site or Services.

4. Delivery & Acceptance

Precheck delivers the Services electronically by provisioning user access to the application or integrations. Specific delivery milestones or onboarding criteria may be defined in your Order Form. Unless your Order Form specifies an alternative acceptance procedure, the Services are deemed accepted five (5) business days after we provision your access, unless you provide written notice of a material defect within that 5-business-day window.

5. Customer Responsibilities

To ensure smooth and reliable operations, you agree to:

• Keep credentials secure: Maintain strict confidentiality of your login credentials and API keys. You are responsible for all activity conducted under your accounts.
• Authorize platform access: Grant Precheck the necessary permissions and API access to connect to your third-party platforms (such as Givebutter, DonorPerfect, or other donor databases) to read, sync, and write records on your behalf.
• Back up your database: Maintain regular, independent backups of your donor management system (CRM) prior to running synchronization or batch import jobs.
• Ensure data rights: Confirm that you own or have obtained all necessary legal rights, authorizations, and consents to collect, upload, and process all Customer Data provided to Precheck.
• Verify AI extractions: Review and verify all AI-extracted records, matches, and suggested updates before relying on them or committing them into your permanent database records.

6. Prohibited Data

You must not upload, submit, or transmit through the Services any Protected Health Information (PHI) governed by HIPAA, full Social Security numbers, unmasked credit card numbers, or third-party passwords. Precheck's systems are designed for donation documentation, check processing, and constituent records, not regulated health or cardholder data. Uploading prohibited data is a material breach of these Terms, and you bear sole responsibility and liability for any damages resulting from prohibited data uploaded under your account.

7. Third-Party Platforms

Precheck connects with third-party software and APIs, including Givebutter, DonorPerfect, and other CRM or payment platforms. We do not own, control, or operate these third-party platforms. Precheck is not liable or responsible for any outages, scheduled maintenance, downtime, API changes, deprecations, rate limits, data errors, or terms of service imposed by any third-party platform.

8. Artificial Intelligence Disclaimers

Precheck uses artificial intelligence models to extract donor names, gift amounts, check numbers, and related metadata from scanned check images and donation paperwork. AI technology is inherently probabilistic. Extraction accuracy depends heavily on check legibility, handwriting clarity, scan resolution, and image lighting. AI outputs can contain errors. You understand and agree that you are solely responsible for reviewing and verifying all AI outputs and constituent matches before posting, depositing, or relying on them.

9. Ownership & Intellectual Property

Your data: You retain all ownership, rights, and title in and to your Customer Data, including all check scans, donor details, and gift information you provide, as well as the processed outputs generated for your database.

Precheck software: Precheck and its licensors retain all exclusive rights, title, and intellectual property in and to the Site, Services, software, user interfaces, algorithms, documentation, trademarks, and logos.

Usage data & AI training: Precheck may collect and analyze de-identified, aggregated operational metrics (such as system error rates and aggregate processing volumes) solely to operate, maintain, and support the Services. We will never use your Customer Data, check images, or donor content to train or fine-tune public or third-party AI models.

10. Billing, Payments & Taxes

Fees: Subscription fees, implementation fees, and processing charges are specified in your Order Form.

Invoicing & Payment: Invoices are delivered electronically by email and payable upon receipt via ACH direct debit or credit card link.

Late Payments: Overdue invoices accrue interest at the rate of 1.5% per month, or the highest rate permitted by applicable law, whichever is less, calculated daily from the due date until paid.

Suspension: If any invoice remains unpaid ten (10) calendar days after written notice of non-payment, Precheck may temporarily suspend your access to the Services until all outstanding balances are settled.

Taxes: Fees do not include any applicable sales, use, excise, or value-added taxes. You are responsible for paying all applicable taxes associated with your subscription, excluding taxes based on Precheck's net income.

No Refunds: Implementation fees, setup charges, and partial subscription months are strictly non-refundable.

Price Changes: Precheck may adjust subscription fees by providing you with at least thirty (30) days' advance written notice prior to the start of your next billing cycle.

11. Term & Cancellation

Month-to-Month Term: Unless a multi-month or annual commitment is specified in your Order Form, the Services are provided on a month-to-month subscription basis.

Cancellation for Convenience: Either party may cancel the subscription at any time by providing at least thirty (30) days' advance written notice. You remain responsible for all fees accrued through the conclusion of the 30-day notice period.

Termination for Cause: Either party may terminate this Agreement immediately upon written notice if the other party materially breaches any provision of this Agreement and fails to cure that breach within fifteen (15) days of receiving written notice.

Survival: Sections regarding payment obligations, limitation of liability, intellectual property, confidentiality, prohibited data, and data deletion survive any expiration or termination of this Agreement.

12. Disclaimer of Warranties

Except as explicitly stated in this Agreement, the Site and Services are provided on an "as is" and "as available" basis without warranties of any kind. Precheck will use commercially reasonable efforts to make the Services available and reliable, but offers no uptime guarantee or formal service level agreement (SLA). To the maximum extent permitted by law, Precheck disclaims all express, implied, and statutory warranties, including implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or compatible with every third-party system configuration.

13. Limitation of Liability

Mutual Monetary Cap: To the maximum extent permitted by law, each party's total aggregate liability arising out of or related to this Agreement or the Services—whether in contract, tort (including negligence), strict liability, or otherwise—shall not exceed the total fees paid or payable by Customer to Precheck under the applicable Order Form during the twelve (12) months immediately preceding the event giving rise to liability.

Exclusion of Consequential Damages: Neither party will be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including loss of profits, loss of goodwill, loss of donor contributions, or business interruption, nor for third-party bank fees, overdraft fees, or database reconciliation and restoration costs, even if advised of the possibility of such damages.

Exclusive Remedy: For any failure, defect, or deficiency in the Services, Customer's sole and exclusive remedy, and Precheck's sole obligation, is for Precheck to use commercially reasonable efforts to correct or re-perform the affected service, or to refund the portion of fees paid for the affected service during the month in which the failure occurred.

Exceptions: Customer's payment obligations under an Order Form are not subject to the liability cap. Nothing in this section limits liability that cannot be lawfully limited under applicable law.

14. Indemnification

Customer agrees to defend, indemnify, and hold harmless Precheck (Bright Sight Ventures LLC), its affiliates, officers, directors, employees, and agents from and against any third-party claims, demands, liabilities, damages, losses, and reasonable legal expenses arising out of or relating to: (a) Customer Data uploaded or processed without required rights, consents, or legal authority, or (b) Customer's violation of Section 6 (Prohibited Data).

15. Confidentiality

Each party agrees to safeguard the other party's non-public business, operational, customer, and technical information ("Confidential Information") using the same degree of care it uses for its own confidential information of like nature, but no less than reasonable care. Confidential Information does not include information that is publicly known through no breach, already known prior to disclosure, independently developed without reference to Confidential Information, or rightfully obtained from a third party without restriction. A party may disclose Confidential Information if required by applicable law or court order, provided it gives prompt written notice to the other party where legally permissible.

16. Updates to These Terms

We may update these Terms from time to time to reflect improvements to our Services, changes in legal requirements, or operational updates. If we make material changes, we will provide you with at least thirty (30) days' advance notice via email to the primary administrative email on your account. Your continued use of the Services after the 30-day notice period constitutes your acceptance of the updated Terms. If you object to the updated Terms, you may cancel your subscription under the 30-day notice provisions of Section 11.

17. General Legal Provisions

Entire Agreement: These Terms and any executed Order Forms constitute the complete and exclusive agreement between the parties concerning the Services, superseding all prior discussions, proposals, or understandings.

Severability: If any provision of this Agreement is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.

Assignment: You may not assign or transfer this Agreement without our prior written consent. Precheck may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

No Waiver: A party's failure or delay in enforcing any provision of this Agreement does not constitute a waiver of that or any other right.

Force Majeure: Neither party is liable for failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, utility failures, telecommunications or cloud infrastructure outages, civil disturbances, or government actions.

Notices: Legal notices must be sent in writing via email. Notices to Precheck must be sent to hello@getprecheck.io. Notices to Customer will be sent to the billing or administrative contact email address provided on your Order Form.

Electronic Signatures: You agree that electronic signatures, click-accept confirmations, and email agreements carry the same legal validity and enforceability as handwritten physical signatures.

18. Governing Law & Venue

These Terms of Service and any dispute arising out of or related to this Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. The parties agree that the state and federal courts located in Collin County, Texas shall have sole and exclusive jurisdiction and venue over any legal proceeding arising out of or relating to this Agreement, and both parties consent to personal jurisdiction in those courts.

19. Contact Information

If you have any questions regarding these Terms of Service or your Order Form, please contact us at: