Terms & Conditions for Fundsorter

Last updated: 9th June 2025

Welcome to Fundsorter! These Terms and Conditions ("Terms") govern your access to and use of the Fundsorter software-as-a-service platform, our website (www.fundsorter.com), and any related services (collectively, the "Service") provided by Aglet Limited trading as Fundsorter ("we," "us," or "our").

By creating an account, accessing, or using the Service, you, and the organisation you represent ("you," "your," or "Customer"), agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

1. Service Description

1.1. Fundsorter is a platform designed to help New Zealand community organisations ("Customers") find and apply for contestable grant funding. The Service allows Customers to:

a. Create an organisational profile ("Charity Profile").

b. Create funding requests ("Funding Requests").

c. Scan our directory of grant funding opportunities ("Funding Directory").

d. Generate draft grant applications ("Generated Applications") using our AI-assisted tools, based on the information in your Charity Profile and Funding Requests.

e. Email Generated Applications to yourselves for review and submission.

1.2. Our Role: We provide the platform and tools to assist you. We do not submit applications on your behalf, nor do we guarantee the success of any funding application. The accuracy, completeness, and veracity of any application submitted to a Funder, including Generated Applications, are your sole responsibility.

1.3. No Involvement in Grant Fund Transactions: For the avoidance of doubt, the Service is a directory and content generation tool to assist Customers in finding and preparing grant applications. Neither Fundsorter or Aglet Limited is a financial institution, payment processor, or fiduciary. The Service does not involve the handling, processing, management, or distribution of any grant funds. All financial transactions and agreements related to grant awards occur directly between the Funder and the Customer organisation, entirely outside of the Service. We have no role in, and assume no liability for, the actual awarding or disbursement of funds.

2. Account Registration and Use

2.1. Account Creation: To use the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2. Account Responsibility: You are responsible for safeguarding your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account.

2.3. Authorised Users: You may authorise individuals within your organisation ("Authorised Users") to access and use the Service under your account, subject to these Terms. You are responsible for the actions of your Authorised Users.

2.4. Verification and Due Diligence: You acknowledge that Fundsorter does not verify the identity of its users, the veracity of the information they provide for their Charity Profile or Funding Requests, or the legitimacy of the organisations they claim to represent beyond the information provided by the user. You are solely responsible for your own due diligence regarding any interactions or transactions facilitated by information obtained through the Service. We are not responsible for any fraudulent or illegal activity conducted by users of the Service.

3. Fees, Payment, and Subscriptions

3.1. Subscription Fees: Access to the Service is provided on a subscription basis ("Subscription"). Subscription fees ("Fees") are based on your organisation's tier, as defined by Charities Services New Zealand, and are set out on our pricing page (https://www.fundsorter.com/pricing). All prices are in New Zealand Dollars (NZD) and exclude GST. For Tier 1 & 2 organisations, pricing is determined on a case-by-case basis following discussion with us to understand your specific circumstances.

3.2. Subscription Terms:

a. Subscriptions can be purchased on a monthly, quarterly, or annual basis, payable in advance.

b. Subscriptions are recurring and will automatically renew for subsequent periods of the same duration as the initial term, unless cancelled by you in accordance with Section 4 (Cancellation and Termination).

3.3. Payment Methods:

a. Credit/Debit Card: We use a third-party payment processor to handle credit and debit card payments. Your use of this payment method is subject to that company’s own terms and conditions.

b. Invoice: We may, at our discretion or as specified on our Pricing Page, offer payment by invoice. Invoices will be generated and sent via Xero. Payment terms for invoices are 7 days from the invoice date. If paying by invoice, access to the Service may be granted prior to payment receipt. However, we reserve the right to suspend or terminate access if payment is not received by the due date.

3.4. Late Payments: We may also suspend or terminate your access to the Service for late payments.

3.5. Fee Changes: We reserve the right to change our Fees or introduce new charges upon 30 days prior notice to you (which may be sent by email or posted on the Service). Any change to Fees will become effective only at the end of your then-current pre-paid Subscription term. Your continued use of the Service after a Fee change takes effect (i.e., upon renewal of your Subscription) constitutes your agreement to pay the modified Fee amount.

3.6. No Refunds: Except as required by law (including the Consumer Guarantees Act 1993, where applicable), or as otherwise expressly stated in these Terms (see Section 4.3.e), Fees are non-refundable. There are no refunds or credits for partially used subscription periods or for early cancellation by you.

4. Cancellation and Termination

4.1. Cancellation by You: You may cancel your Subscription at any time through your account settings or by contacting us at help@fundsorter.com. Cancellation will be effective at the end of your current paid Subscription period. You will continue to have access to the Service until the end of that period.

4.2. Termination by Us: We may suspend or terminate your access to the Service, in whole or in part, immediately and without prior notice or liability, for any reason, including but not limited to:

a. If you breach these Terms.

b. If you fail to pay any Fees due.

c. If your use of the Service poses a security risk to us or any third party.

d. If required by law.

e. If we decide, in our sole discretion, to discontinue the Service permanently or in your region.

4.3. Effect of Termination: Upon termination or cancellation:

a. All rights granted to you under these Terms will immediately cease.

b. You must cease all use of the Service.

c. We may delete your account and Your Content (as defined below) in accordance with our Privacy Policy and data retention practices. It is your responsibility to export Your Content prior to termination if desired.

d. Any Fees owed to us prior to termination will become immediately due and payable.

e. Refunds upon Service Discontinuation by Us: If we terminate your access to the Service because we discontinue the Service as described in Section 4.2.e, and you have pre-paid for a Subscription term that extends beyond the date of discontinuation, we will provide you with a pro-rata refund for the unused portion of your pre-paid Fees.

4.4. Survival: Sections 1.3 (No Involvement in Grant Fund Transactions), 3 (Fees, Payment, and Subscriptions, specifically outstanding payments), 4.4 (Survival), 5 (Intellectual Property), 6 (Your Content and Data), 7 (Acceptable Use Policy), 8 (Third-Party Services), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Governing Law and Dispute Resolution), and 14 (General Provisions) will survive any termination or expiration of these Terms.

5. Intellectual Property Rights

5.1. Our Intellectual Property: We own all right, title, and interest in and to the Service, including all underlying software, AI models, algorithms, know-how, the Funding Directory (including its structure, organisation, and the compilation of publicly available funder information), our website, documentation, and all associated intellectual property rights. These Terms do not grant you any rights to our trademarks or other brand elements.

5.2. License to You: Subject to your compliance with these Terms and payment of applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal organisation purposes of finding and preparing grant applications. This license is solely for the purpose of enabling you to use and enjoy the benefit of the Service as provided by us, in the manner permitted by these Terms. For clarity, your organisation retains ownership of all information and content you upload into the Service, as further detailed in Section 6 ("Your Content and Data").

5.3. Feedback: If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into our Service without any obligation to you.

6. Your Content and Data

6.1. Your Content: You retain all ownership rights in the information, documents, text, and other materials you or your Authorised Users upload, submit, create, or otherwise provide to the Service, including your Charity Profile information, Funding Requests, and any edits you make to Generated Applications ("Your Content").

6.2. License to Us for Your Content: You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content solely for the purposes of:

a. Operating, providing, and maintaining the Service for you.

b. Generating insights and analytics for service improvement and reporting.

c. Complying with legal obligations.

6.3. Responsibility for Your Content:

a. You are solely responsible for Your Content, including its legality, accuracy, reliability, and appropriateness.

b. You represent and warrant that you have all necessary rights, licenses, and consents to submit Your Content to the Service and to grant us the licenses set forth in these Terms.

c. You agree not to submit, upload, or share any content that is unlawful, harmful, defamatory, infringing, or otherwise objectionable, as further detailed in the Acceptable Use Policy (Section 7).

d. You specifically agree not to upload or input any "sensitive information" or "personal information" about third parties into the Service unless you have explicit, lawful consent to do so and it is directly relevant to your funding application. You should primarily use publicly available information or information for which you have clear rights to use in this context. "Sensitive information" includes, but is not limited to, health information, biometric data, information about criminal convictions, or personal information of a highly private nature.

e. You represent and warrant that all information forming part of any grant application that you submit to a Funder, whether generated through the Service or otherwise, is true, accurate, complete, and not misleading, and that you have a reasonable basis for all claims and representations made therein. You acknowledge that Funders will rely on this information, and any inaccuracies are your sole responsibility.

6.4. Generated Applications:

a. The Service uses AI tools to generate draft application content based on Your Content.

b. You acknowledge that AI-generated content may contain inaccuracies, errors, or omissions. It is your sole responsibility to review, verify, edit, and approve all Generated Applications for accuracy and completeness before using or submitting them.

c. We are not responsible for any reliance you place on Generated Applications without your independent verification.

6.5. Data Privacy: Our collection, use, and protection of personal information (including personal information within Your Content) are governed by our Privacy Policy (https://www.fundsorter.com/privacy-policy), which is incorporated by reference into these Terms.

7. Acceptable Use Policy (AUP)

7.1. You agree not to use the Service, nor permit any Authorised User to use the Service, to:

a. Violate any applicable laws or regulations of New Zealand or any other relevant jurisdiction.

b. Infringe upon or violate our intellectual property rights or the intellectual property rights of others.

c. Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

d. Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm us or users of the Service, or expose them to liability.

e. Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service.

f. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

g. Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

h. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service.

i. Scrape, data mine, or extract data from the Service (except for your own Content as permitted) without our express prior written consent.

j. Upload, store, or transmit any content that:

i. Is unlawful, fraudulent, intended to deceive, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

ii. You do not have a right to transmit under any law or under contractual or fiduciary relationships.

iii. Constitutes sensitive personal information or private information about individuals unless you have explicit lawful consent and it is directly necessary for your intended use of the Service as described herein.

k. Impersonate or attempt to impersonate Fundsorter or Aglet Limited, a Fundsorter or Aglet Limited employee, another user, or any other person or entity.

7.2. Fair Use:

Your use of the Service is subject to a fair use policy. While we aim to provide generous access, we reserve the right to monitor usage. If your usage is deemed excessive or abusive (e.g., placing an unreasonable burden on our infrastructure, disproportionate use of AI generation features compared to typical user patterns), we may contact you to discuss your usage and may, at our discretion, require you to moderate your usage, upgrade your subscription, or suspend/terminate your access.

8. Third-Party Services and Content

8.1. The Service may integrate with or allow you to access third-party services, websites, or content (collectively, "Third-Party Services").

8.2. We do not control and are not responsible for Third-Party Services, their content, accuracy, privacy policies, or practices. Your use of Third-Party Services is at your own risk and subject to the terms and conditions of those third parties.

8.3. Any information (including funder details and application questions) in our Funding Directory that originates from third-party funders is provided for informational purposes only. We endeavor to keep this information up-to-date but do not guarantee its accuracy or completeness. You should always verify details directly with the funder.

9. Disclaimers

9.1. "As Is" Service: The service is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

9.2. No Guarantee of Accuracy or Availability: We do not warrant that the service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content on the service, including the funding directory or generated applications. Your reliance on any information obtained through the service is at your own risk.

9.3. No Guarantee of Funding: We make no representations, warranties, or guarantees, express or implied, regarding the likelihood of you obtaining funding by using the Service.

9.4. Consumer Guarantees Act 1993 (NZ): If you are acquiring the Service for the purposes of a "business" as defined in the Consumer Guarantees Act 1993 ("CGA"), you acknowledge that the provisions of the CGA will not apply to the supply of the Service by us to you. If you are a "consumer" under the CGA and the CGA applies, nothing in these Terms is intended to limit your rights under the CGA, except to the extent permitted by the CGA.

10. Limitation of Liability

10.1. Exclusion of Indirect Damages: To the fullest extent permitted by applicable law, in no event will Aglet Limited, its affiliates, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, damages for loss of profits, data, use, goodwill, or other intangible losses) arising out of or relating to your access to or use of, or inability to access or use, the Service, any conduct or content of any third party on the Service, any content obtained from the Service (including Generated Applications), or unauthorised access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

10.2. Cap on Liability: To the fullest extent permitted by applicable law, in no event will Aglet Limited's aggregate liability to you for all claims arising out of or relating to the use of or inability to use the Service (whether in contract, tort, statute, or otherwise) exceed the greater of:

a. The total amount of fees paid by you to us for the service during the twelve (12) month period immediately preceding the event giving rise to the claim; or

b. One hundred New Zealand Dollars (NZD $100.00).

10.3. Basis of the Bargain: The limitations of damages set forth above are fundamental elements of the basis of the bargain between Aglet Limited and you.

11. Indemnification

11.1. You agree to defend, indemnify, and hold harmless Aglet Limited, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

a. Your violation of these Terms.

b. Your use of the Service, including, but not limited to, Your Content, any use of Generated Applications, any representations made to Funders, and any use of the Service's content other than as expressly authorised in these Terms.

c. Your violation of any applicable laws or regulations, or the rights of a third party.

12. Modifications to the Service and Terms

12.1. Service Modifications: We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service, except as otherwise expressly provided in these Terms (e.g., regarding refunds in Section 4.3.e if we permanently discontinue the service).

12.2. Terms Modifications: We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. We will notify you of material changes, for example, by posting a notice on our website or sending an email to the address associated with your account. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

13. Governing Law and Dispute Resolution

13.1. Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to any choice or conflict of law provision or rule.

13.2. Dispute Resolution Process:

a. Informal Resolution: Most concerns can be resolved quickly by contacting our support team at help@fundsorter.com. In the unlikely event that a dispute arises between you and us that cannot be resolved to your satisfaction, you and we agree to first attempt to resolve the dispute informally for at least 60 days before initiating any formal action.

b. Binding Arbitration or Small Claims Court: If we are unable to resolve a dispute informally, you and we agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms by binding arbitration or in a small claims court. The arbitration will be conducted in New Zealand through a recognised arbitration provider mutually agreed upon by the parties. If we cannot agree on a provider, the arbitration will be conducted by a provider appointed by the President of the New Zealand Law Society. The arbitration will be conducted in accordance with the provider's rules, and the arbitrator's decision will be final and binding.

c. Class Action Waiver: To the extent permitted by applicable law, you and we agree that any dispute resolution proceedings must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You agree to waive any right to a jury trial or to participate in a class action.

d. User-to-User Disputes: You are solely responsible for resolving disputes between you and any other user of the Service. We are not a party to, and will not be responsible for, any such disputes.

14. General Provisions

14.1. Entire Agreement: These Terms, together with our Privacy Policy and any other terms or agreements expressly incorporated by reference (such as specific terms on the Pricing page), constitute the entire agreement between you and Aglet Limited regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

14.2. Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

14.3. Waiver: No waiver by Aglet Limited of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Aglet Limited to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

14.5. Notices: Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to our website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

14.6. Relationship of the Parties: The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

14.7. Contact Information: If you have any questions about these Terms, please contact us at: help@fundsorter.com