Terms of Service

Version: 0.1-draft · Effective date: [TO BE SET ON LAWYER SIGN-OFF] · Last updated: 2026-07-10 · Operator: [see Operator block — OWNER-DECISION]

Shared facts (the Operator's identity, governing-law state, third-party services, and defined terms) are single-sourced and set out in the Operator and shared facts section (§§A–E) at the foot of this page, so these Terms and the Privacy Policy cannot contradict each other and every fact these Terms cite is reachable here.

In short

• These Terms govern your use of the Everflame platform (the Platform). Part A applies to everyone

(visitors and Donors); Part B applies to Recipient Organisations that hold an account; Part C holds the general clauses (acceptable use, disclaimers, the Australian Consumer Law saving clause, liability, changes, governing law, and contact) that apply to everyone.

• The Platform is technology that records, computes, and assembles fundraising and compliance artifacts.

It is not a tax agent, financial adviser, or legal adviser, and it takes custody of no donor funds.

• The Platform does not represent that it, or any Recipient, holds a fundraising authority or licence.
• This is general information, not legal advice, and it is a draft for lawyer review — it is not yet in

force.

This is general information for your own decision or for review with a registered tax adviser. The platform records, computes and assembles; it does not advise, and it does not prepare or lodge any return, statement or distribution for a fee.

Status of the live product. The public site currently runs in demonstration mode: it shows worked-example campaigns, takes no payment, sends no email, and issues no live receipt. The clauses below describe the product as it will operate once a payment provider and an email provider are connected (checklist Track 1B/1C). Features that are not yet operative are marked as such; the Pledge feature is set out separately in Annex 1 because it is not built.

Part A — for everyone (visitors and Donors)

T1. Who these Terms are between, and acceptance

These Terms are an agreement between you and [OPERATOR LEGAL NAME] (the Operator; see the Operator and shared facts section (§A) at the foot of this page). By using the Platform or making a Gift, you accept these Terms. [FLAG-FOR-LAWYER: the Operator's legal identity and the governing-law state are OWNER-DECISIONS and are not yet finalised — no operating company exists yet (§A / §B).]

T2. What the Platform is — and is not

The Platform is technology that records, computes, and assembles fundraising and compliance artifacts (such as receipts and acknowledgements). It is not a tax agent, a financial adviser, or a legal adviser; it does not prepare or lodge any return, statement, or distribution for a fee; and every compliance-touching output it produces is general information for your own decision or for review with a registered adviser. The Platform takes custody of no donor funds and holds no owner capital — it handles third-party Gifts only.

This is general information for your own decision or for review with a registered tax adviser. The platform records, computes and assembles; it does not advise, and it does not prepare or lodge any return, statement or distribution for a fee.

This section is the contractual statement of the Platform's honesty and non-agency boundary.

T3. Accounts and eligibility

• You are responsible for the accuracy of what you provide and for keeping your account credentials secure.
• Organisation accounts are created by the Operator (admin), not through public self-signup at this time.

Account creation is closed unless the Operator has enabled it. [FLAG-FOR-LAWYER: when public Organisation self-signup opens, revise this clause and the acceptance flow.]

• Account recovery uses backup-email addresses and a confirmation process (Part B accounts). You are

responsible for keeping your recovery contacts current.

T4. Gifts, receipts, and the receipt / acknowledgement separation

This section describes the live product. While the site runs in demonstration mode (see "Status of the live product" above), gifts are shown as worked examples, no payment is taken, and no live receipt is issued; the receipt logic described is the real engine, run on example data.

• A Gift is a voluntary payment to a Recipient.
• The Platform issues the correct receipt for the Recipient's registered position: a **tax receipt only

where the Recipient's current deductible-gift endorsement supports it, and an ordinary receipt otherwise — never a deductibility a status does not carry. This correctness is fidelity to a versioned, maintained encoding of the live rules** as at the gift date — not a frozen snapshot, and not a guarantee of any tax outcome at law.

• The receipt (a regulated artifact whose content the rules and confirmed facts determine) and the

acknowledgement (a message the Recipient designs freely) are separate artifacts; no choice in an acknowledgement can change a receipt's regulated content.

• Any deductibility shown at the point of giving is computed from a versioned encoding, not free-entered.
• The Platform does not warrant that any Gift is tax-deductible for your own circumstances. A receipt

states the Recipient's registered position at the gift date; whether a particular Gift is deductible for you depends on your own circumstances and the law — for example, a payment for which you receive a material benefit (a ticket, a raffle entry) or a Gift made under a sponsorship arrangement may not be a deductible "gift" at all. This is general information, not tax advice; your tax position is your own. [FLAG-FOR-LAWYER: confirm the wording of this donor-circumstances deductibility disclaimer with the tax/legal adviser.]

• Refunds: a Gift is voluntary and, as a default, final. **[FLAG-FOR-LAWYER: the refund, chargeback, and

error-correction policy is an OWNER-DECISION.** A cancelling-receipt mechanism exists in the product, so a correction is technically possible; the Operator sets the policy — this draft does not invent one.]

T5. Pledge campaigns — NOT OPERATIVE

STATUS: NOT OPERATIVE. Pledge (all-or-nothing) campaigns are not built in the current product: the live money path is unwired (checklist "#1 GAP"; the feature is gated on 1C.1). No Pledge is taken today. The Pledge terms are set out separately in Annex 1 at the end of this document for the lawyer's review; the Operator may strike them before go-live (OWNER-DECISION). They are severed from the operative clauses above precisely because the feature does not yet operate.

T6. Fees and pricing

Fees apply to the live product. While the site runs in demonstration mode (see "Status of the live product" above), no live payment is taken and no fee is charged.

• The Platform's fee model is set out on the pricing page. Any payment-processing fee is the **Payment

Provider's, paid to the processor — never to the Platform**.

• A Donor may optionally choose to cover the processing fee so more of the Gift reaches the cause; this is

optional and can be declined.

• [FLAG-FOR-LAWYER: every stated fee figure is a substantiation item. Fees are stated as "set out on the

pricing page and by the Payment Provider," so a rate is not hard-coded here where it could drift from the processor's actual pricing.]

• [FLAG-FOR-LAWYER: GST on any Platform fee is for the accountant/lawyer to confirm; the Operator's own

GST position is undetermined while no operating company exists.]

Part B — for Recipient Organisations (account holders)

T7. Recipient Organisation obligations

A Recipient is responsible for:

• its own legal status and registrations, and the accuracy of the registration facts it supplies (the

Platform verifies ABN / ACNC status against public registers, but the Recipient warrants the facts);

• its own fundraising authorisations and licences; and
• its own communications with its Donors, under the consents its Donors give.

Data a campaign generates belongs to the Recipient and the Donor — the Platform does not mine, sell, or rent it, and a Recipient's contact and giving record is exportable to it on request.

• **[FLAG-FOR-LAWYER — CRITICAL, do not soften: these Terms do not assert that any fundraising licence or

authority exists, for the Platform or for any Recipient. A confirmed gap exists (checklist 1D.7): the existing incorporated-association context does not** currently hold a state fundraising-appeal licence. The licensing obligation sits with the Recipient, and the Platform makes no representation that a Recipient is authorised to fundraise in any jurisdiction. Confirming the licensing posture is a precondition of going live, not a drafting choice.]

Part C — General (applies to everyone)

These clauses apply to every user of the Platform — visitors, Donors, and Recipient Organisations alike. They are not confined to account holders; in particular the Australian Consumer Law saving clause (T11), the changes clause (T14), and the governing-law clause (T15) apply to everyone.

T8. Acceptable use

You must not use the Platform:

• for any unlawful purpose, or to make or solicit fraudulent Gifts;
• to misrepresent a cause, an Organisation, or the destination of funds;
• to interfere with, scrape, or attempt to breach the Platform; or
• (for a Recipient) to solicit in a jurisdiction where the Recipient does not hold the fundraising authority

it is required to hold.

T9. Intellectual property

• The Platform, its software, and its brand are owned by the Operator and its licensors.
• Content you supply (for example, campaign copy and images) remains yours; you grant the Operator a licence

to use it as needed to operate the service.

• **[FLAG-FOR-LAWYER: the Platform's IP-ownership chain is itself mid-restructure (IP deeds, checklist Track

3D). This clause is kept generic to "the Operator and its licensors" and names no specific assignee.]**

T10. Third-party services

The Platform relies on third-party services — the Payment Provider (Stripe), email delivery (Resend), and hosting (Vercel / Supabase); the full list is in the Operator and shared facts section (§D) at the foot of this page. Your use of the payment flow is also subject to the Payment Provider's terms.

T11. Disclaimers and the Australian Consumer Law

• To the extent permitted by law, the Platform is provided "as is".
• **Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or other right or remedy

under the Australian Consumer Law that cannot lawfully be excluded.** Where a guarantee applies and cannot be excluded, the Operator's liability is limited to the extent the law allows.

• The Platform makes no promise that any Donor, Recipient, regulator, or payment provider will accept any

output.

• **[FLAG-FOR-LAWYER: the Australian Consumer Law is Schedule 2 to the Competition and Consumer Act 2010

(Cth) and contains non-excludable consumer guarantees and a prohibition on misleading or deceptive conduct. Pinpoint section numbers (for example, the misleading-conduct and consumer-guarantee provisions) and the precise wording of this mandatory saving clause are verify-before-cite / lawyer-drafted — do not state a section number here unless the primary source has been opened and quoted.]**

T12. Limitation of liability and indemnity

• Subject to T11 (the Australian Consumer Law non-excludable rights, which prevail over this clause), the

Operator's liability is limited to the extent the law allows.

• **[Indemnity — lawyer to draft: narrow, fault-based, and given only by a Recipient Organisation (not by a

Donor or other consumer); to be settled by the Operator's lawyer. No indemnity is given by accepting these Terms as drafted — this is a placeholder, not a present agreement to future terms.]**

• **[FLAG-FOR-LAWYER: the liability cap (amount and mechanism) and the scope of any indemnity are

OWNER-DECISIONS and are lawyer-drafted. No cap figure is invented in this draft; this section provides a placeholder structure only.]**

• **[FLAG-FOR-LAWYER — UNFAIR CONTRACT TERMS: a limitation-of-liability or indemnity in a standard-form

consumer or small-business contract is assessed under the unfair-contract-terms regime (ASIC/ACCC; reforms in force from November 2023 with penalties). It must be no broader than reasonably necessary to protect the Operator's legitimate interests, and an indemnity given by a consumer is a red flag. Recipient Organisations will typically be small businesses within the regime. Lawyer to settle accordingly.]**

T13. Suspension and termination

• The Operator may suspend or terminate an account for a breach of these Terms or where required by law.

Where practicable, the Operator will give notice and, for a breach capable of remedy, a reasonable opportunity to remedy it before terminating.

• On termination: campaigns close; the receipts and financial records the law requires to be kept are

retained per the Privacy Policy's retention section (P9); and — because portability does not end with the relationship — a Recipient's own contact and giving record remains exportable to it on request (T7 and Privacy Policy P10). The export right survives termination.

• **[FLAG-FOR-LAWYER — UNFAIR CONTRACT TERMS: a broad unilateral suspension/termination right in a

standard-form small-business contract is assessed under the unfair-contract-terms regime. The grounds, any notice or opportunity to remedy, and the consequences on termination are lawyer-settled to be no broader than reasonably necessary to protect the Operator's legitimate interests.]**

T14. Changes to these Terms

• The Operator may update these Terms. The current version and effective date are shown at the top.
• Material changes will be notified in advance, a reasonable period before they take effect. Where a

change materially affects a Recipient's rights, the Recipient may close its account before the change takes effect, without penalty. Continued use after a change takes effect is acceptance of the updated Terms.

• **[FLAG-FOR-LAWYER — UNFAIR CONTRACT TERMS: the variation mechanism is assessed under the

unfair-contract-terms regime — a bare unilateral right to vary a standard-form contract without advance notice and without a right to exit is a UCT red flag. The advance-notice period, the right to close before a change takes effect, and the scope of permitted variations are lawyer-settled.]**

• These Terms are a draft for lawyer review (checklist 2I.2) and are not yet in force.

T15. Governing law, jurisdiction, and disputes

These Terms are governed by the laws of [AUSTRALIAN STATE OR TERRITORY — OWNER-DECISION] (see the Operator and shared facts section (§B) at the foot of this page), and the courts of that jurisdiction have jurisdiction. A dispute should first be raised with the Operator using the contact details in §A. [FLAG-FOR-LAWYER: the governing-law state follows from the Operator's principal place of business and is not guessed.]

T16. Contact

Contact the Operator using the details in the Operator and shared facts section (§A) at the foot of this page.

Annex 1 — Pledge campaigns (NOT OPERATIVE)

STATUS: NOT OPERATIVE — this feature is unbuilt; the live money path is not wired (checklist "#1 GAP", gated on 1C.1). No Pledge is taken by the current product. This Annex is set out for the lawyer's review and may be struck by the Operator before go-live (OWNER-DECISION). Nothing in it is in force.

If the Pledge feature is built and switched on, these terms are proposed for it:

• Some campaigns are Pledge (all-or-nothing) campaigns.
• A Pledge would tokenise your card and charge nothing unless the campaign's goal is reached by its

deadline. If the goal is not reached, your card is not charged.

• A Pledge would be a commercial pre-payment for access and would carry an ordinary receipt, not a

tax receipt.

• **[FLAG-FOR-LAWYER — CRITICAL, do not soften: a public Pledge campaign is a direct public appeal for

money. Whether such an appeal (by the Operator or by an individual) requires a fundraising authority or licence, in one or more states, must be confirmed by a lawyer before the feature goes live. These Terms do not imply that any such appeal is licensed or exempt. This is the sharpest question on this Annex and is a precondition of building the feature, not a drafting choice.]

Operator and shared facts

The facts referenced above — the Operator, the governing-law state, the defined terms, the third-party recipients of data, and the retention periods — are set out here so this page is self-contained.

A. The Operator (OWNER-DECISION — do not resolve by assumption)

The legal person that operates the Everflame platform is not yet finally determined. No operating company exists yet: the intended companies (an Everflame operating company and VirgoLabs) are not incorporated (checklist Track 3B/3C). Until the Operator is confirmed, both documents use the placeholder tokens below, and no session prints a company name as the operative Operator.

[OPERATOR LEGAL NAME] — the legal person that operates the Everflame platform [OPERATOR TYPE] — individual / incorporated association / company, once decided [ABN / ACN, if any] [PRINCIPAL PLACE OF BUSINESS — Australian address] [CONTACT EMAIL — e.g. privacy@everflamefundraising.com.au]

• [FLAG-FOR-LAWYER: the Operator's legal identity for the go-live demo is an OWNER-DECISION. The

current legal person behind the site is the site owner / an existing incorporated-association context; the options are (a) the individual owner, (b) the existing incorporated association (with its ABN), or (c) holding publication until an operating company exists. This choice drives the Operator block, the governing-law state (§B), the IP-owner reference, and the contact points in both documents.]

• "Everflame", "Everflame Fundraising", and "the Platform" name the software/service (the product

brand, NEXT_PUBLIC_BRAND default "Everflame Fundraising"), not the Operator. The intended product domain is everflamefundraising.com.au. [OWNER-CONFIRM: confirm this domain is secured before go-live; it is stated here as the intended domain, not asserted as already owned.]

B. Governing law and jurisdiction (OWNER-DECISION)

Governing-law state: [AUSTRALIAN STATE OR TERRITORY — OWNER-DECISION], following from the Operator's principal place of business (§A).

• **[FLAG-FOR-LAWYER: the governing-law state and the courts with jurisdiction follow from the Operator's

principal place of business and are a lawyer/owner decision. No state is guessed.]**

C. Defined terms (authored once; used by both documents)

• the Platform / Everflame — the Everflame fundraising software and service.
• the Operator — the legal person that runs the Platform (§A, placeholder).
• Recipient / Organisation — an entity that receives gifts through the Platform (a non-charitable

not-for-profit, a registered charity, a deductible-gift-endorsed entity, or an administering body).

• Donor / Supporter / "you" — a person who gives, pledges, enquires, or holds an account.
• Gift — a voluntary payment made to a Recipient through the Platform.
• Pledge — a commitment that stores a card and is charged only if a campaign goal is reached

(an all-or-nothing campaign).

• Payment Provider — the compliant third-party payment processor that holds card data and moves funds

(Stripe; see §D).

• Personal Information — has the meaning given in the Privacy Act 1988 (Cth).

D. Third-party recipients of data (service providers)

These are the third parties that process data so the Platform can operate. The Platform does not sell, rent, or mine Personal Information; these are service providers under the Platform's instructions.

• [FLAG-FOR-LAWYER: APP 8 cross-border disclosure.] Only the database region (Supabase, Sydney) is

confirmed Australian. Stripe, Resend, and Vercel may process outside Australia. The documents must not claim "all data stays in Australia" beyond the database.

E. Retention periods (FLAG — do not assert year-counts without verification)

The Platform retains receipts and financial records for at least the period the applicable regime requires, measured from the later of the record's making or the obligation it supports. An erasure request never overrides a retention duty; the immutable audit record is never rewritten.

• Once the periods are confirmed, the confirmed year-counts are recorded here (single source) and both

documents cite this table — they do not restate a number independently.