Subscription Terms

These Subscription Terms are an agreement between Omakase Software Sdn Bhd (201901001715) ("DonorCARE", "we", "us") and the organisation that registers for a DonorCARE account ("Organisation", "you"). By creating an account, or by continuing to use an account created on your behalf, you agree to these Terms on behalf of the Organisation, and you confirm you are authorised to do so.

Your agreement for the DonorCARE service is with Omakase Software Sdn Bhd, unless you have signed an order form, enterprise agreement or service level agreement with another DonorCARE group company. Where you have, that signed document governs your subscription, support and service levels, and prevails over these Terms to the extent of any conflict.

Your invoices will name the group company you contract with. If you are unsure which entity your organisation contracts with, the order form or agreement you signed is the answer, and [email protected] can confirm it.

The Organisation is responsible for all activity under its account, including actions taken by any staff member it grants access to, and for keeping its list of administrators and their permission levels current. DonorCARE is not responsible for loss arising from an Organisation's failure to revoke access from a former staff member or volunteer.

The Organisation must designate at least one individual with the org_owner role, who is treated as the Organisation's primary point of contact for billing, legal notices, and account-recovery requests.

DonorCARE is offered on the plan tiers published on our Pricing page from time to time, including a Free plan with no payment obligation. Paid plans are billed monthly or annually in advance, in Malaysian Ringgit (RM), by the payment method the Organisation provides. Fees are exclusive of any applicable tax unless stated otherwise.

A paid subscription renews automatically at the end of each billing period unless cancelled before the renewal date. We will make reasonable efforts to notify the Organisation of a price change before it takes effect on the next renewal; continued use after that renewal constitutes acceptance of the new price.

Fees already paid are non-refundable except as set out in our Refund Policy, which addresses subscription refunds separately from donor refunds.

The Free plan is offered at our discretion and may carry usage limits (for example, a monthly donation count or number of active campaigns) as published on the Pricing page at the relevant time. We may change Free-plan limits prospectively; we will not retroactively restrict access to donation or donor data an Organisation has already recorded.

An Organisation may cancel a paid subscription at any time from the admin dashboard's billing settings, effective at the end of the then-current billing period. Cancellation does not entitle the Organisation to a refund of the current period's fee except as set out in the Refund Policy. On cancellation of a paid plan, the account reverts to the Free plan (where the Organisation's usage fits within Free-plan limits) or is suspended pending downgrade, rather than being deleted outright.

Use of the DonorCARE dashboard is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. A material breach of the Acceptable Use Policy is grounds for suspension or termination under the section below.

As between DonorCARE and the Organisation, the Organisation owns its donor and donation data — the donor records, donation history, campaign content, and receipts it creates or collects using the platform ("Customer Data"). DonorCARE is granted only the licence necessary to store, process, and display Customer Data in order to operate the service, as described in our Data Processing Addendum.

DonorCARE will not use Customer Data to train machine-learning models, sell it, or share it with another Organisation, and will not use it for any purpose outside operating and improving the service for that Organisation and complying with law.

An Organisation may export its Customer Data (donor lists, donation records, receipts) from the dashboard's export tools at any time while its account is active. On termination of the agreement, for any reason, we will make Customer Data available for export for 30 days, after which we may delete it from active systems, subject always to the statutory retention period described in our Privacy Policy for records the Income Tax Act 1967 requires us to be able to reconstruct on the Organisation's behalf (donation and receipt records, for seven years). We will not delete a record before the statutory retention period has run even if the Organisation requests earlier deletion, unless the Organisation confirms in writing that it accepts responsibility for the resulting compliance gap.

We may suspend or terminate an account for non-payment, a material breach of these Terms or the Acceptable Use Policy, or where required by law or a direction from a payment gateway or regulator. We will give reasonable notice where practicable, except where immediate action is necessary to prevent harm to DonorCARE, another Organisation, or a donor. An Organisation may terminate for any reason by cancelling its subscription and requesting account closure.

We aim to keep DonorCARE available and performant, and we monitor uptime and respond to incidents as described on our Security & Compliance page. Except where a signed Enterprise order form states a specific service-level commitment, we do not guarantee a specific uptime percentage, and the service is provided on a commercially reasonable, best-efforts basis without an availability warranty.

To the fullest extent permitted by Malaysian law, DonorCARE's aggregate liability to the Organisation under these Terms will not exceed the fees paid by the Organisation in the twelve (12) months preceding the event giving rise to the claim. Neither party is liable for indirect, incidental, special, or consequential loss, including loss of donations, goodwill, or data, except where such liability cannot lawfully be excluded, including liability for fraud or wilful misconduct.

These Terms are governed by the laws of Malaysia, including the Contracts Act 1950. Any dispute is subject to the exclusive jurisdiction of the Malaysian courts.

We may update these Terms from time to time. We will notify the Organisation's designated org_owner by email of a material change with reasonable advance notice before it takes effect. Continued use after that date constitutes acceptance.

Questions about these Subscription Terms can be sent to [email protected].