Terms and Conditions
Version 2026-08-31 · Effective August 31, 2026
1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and NGHBR, LLC, a Mississippi limited liability company ("NGHBR," "we," "us," or "our"), governing your access to and use of the websites located at www.nghbr.com and app.nghbr.com and all related services, features, content, and applications (collectively, the "Platform").
NGHBR is a Christian organization. The Platform exists exclusively to connect and support Christian Goers, Givers, and Organizations. All Projects and Organizations listed on the Platform are required to be Christian in mission, purpose, and affiliation. By using the Platform, you acknowledge and agree to this foundational requirement.
By creating an account, clicking "I Agree," or otherwise accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Platform.
1.1 Religious Organization; Platform Restrictions
NGHBR is a religious organization with sincerely held Christian beliefs, and the restriction of the Platform to Christian Goers, Organizations, and Projects constitutes an exercise of NGHBR's religious identity and rights, including those protected by the First Amendment to the United States Constitution, the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb et seq., and analogous state law protections. NGHBR reserves the right, in its sole and absolute discretion, to deny, suspend, or terminate the access of any User, Goer, Organization, or Project that NGHBR determines, in good faith, is inconsistent with NGHBR's Christian mission, beliefs, or platform requirements, without liability to any such User. Nothing in these Terms shall be construed to require NGHBR to facilitate, support, endorse, or host any content, organization, project, or activity that NGHBR determines, in good faith, conflicts with its sincerely held religious beliefs or organizational mission.
2. Definitions
As used in these Terms:
- "User" means any individual or entity that creates an account on or accesses the Platform.
- "Goer" means a User who has created a Goer account and is authorized to create and manage Projects.
- "Giver" means a User who has created a Giver account and uses the Platform to follow Projects and engage with Goers.
- "Organization" means a U.S. 501(c)(3) non-profit organization, church, or other tax-exempt entity in the United States that is associated with one or more Projects on the Platform.
- "Project" means a campaign, initiative, or mission created by a Goer on the Platform and associated with an Organization.
- "Imported Contacts" means contact information (names, email addresses, phone numbers, or similar data) that a Goer uploads or imports into the Platform from sources outside NGHBR.
- "Follower" means a Giver or other User who has been approved to follow a specific Project.
- "Content" means any text, images, video, audio, data, or other material posted, uploaded, transmitted, or otherwise made available through the Platform.
- "Subscription Account" means a Goer account that includes access to premium features as described in Section 7.
- "Free Account" means a Goer account that provides access to the base features of the Platform at no charge.
- "Story Studio" means NGHBR's suite of AI-powered content creation tools available to Subscription Account holders.
- "Trust Verified" means a designation awarded by NGHBR to qualifying Projects as described in Section 8.
3. Eligibility
3.1 Age Requirement
You must be at least 13 years of age to create an account or use the Platform. By creating an account, you represent and warrant that you are at least 13 years old. If you are between 13 and 18 years of age, you may only use the Platform with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
NGHBR does not knowingly permit users under 13 to create accounts. If we learn that a user under 13 has created an account, we will terminate the account and delete associated data.
3.2 Capacity
You represent and warrant that you have the legal capacity to enter into a binding contract. If you are using the Platform on behalf of an entity (such as an Organization or employer), you represent and warrant that you are authorized to bind that entity to these Terms.
3.3 Compliance
You represent and warrant that your use of the Platform will comply with all applicable local, state, federal, and international laws and regulations.
4. Account Registration
4.1 Account Types
The Platform offers two primary account types:
- Goer Account: Permits the User to create and manage Projects, import contacts, access messaging tools, manage Organizations, and, where applicable, subscribe to premium features.
- Giver Account: Permits the User to follow Projects, receive Project updates and communications from Goers, and engage with other Users within the Platform. Giver accounts are free.
4.2 Account Conversion
A Giver may convert their account to a Goer account at any time by initiating the Project creation process within the Platform. Upon conversion, the User agrees to the additional terms applicable to Goer accounts set forth in these Terms.
4.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify NGHBR immediately at support@nghbr.com if you suspect unauthorized access to your account. NGHBR will not be liable for any loss resulting from unauthorized use of your account where such use results from your failure to maintain the security of your credentials.
4.4 Accurate Information
You agree to provide accurate, current, and complete information during registration and to keep your account information updated. Providing false, misleading, or fraudulent registration information is grounds for immediate account termination.
4.5 One Account Per User
Each individual may maintain only one personal account on the Platform. Organizational accounts may be managed by authorized Goer or Giver account holders.
5. Organizations
5.1 Setup and Management
Organizations may be set up and managed by either Goer or Giver account holders. The User establishing an Organization represents and warrants that:
- The Organization is a valid U.S. 501(c)(3) non-profit, church, or other tax-exempt entity;
- The Organization is Christian in mission, purpose, and affiliation, consistent with NGHBR's platform requirements;
- The User is authorized by the Organization to establish its presence on the Platform; and
- All information provided about the Organization is accurate and not misleading.
5.2 Multiple Projects
An Organization may be associated with multiple Projects, and a Goer may create multiple Projects, each of which may be associated with one or more Organizations.
5.3 Tax and Financial Responsibility
NGHBR is not a fundraising platform and does not process donations on behalf of Organizations or Goers through the Platform unless and until a payment integration is expressly enabled. NGHBR makes no representation as to the tax-exempt status of any Organization listed on the Platform. Users are solely responsible for verifying the status and legitimacy of any Organization before donating or directing others to donate to it. Goers are solely responsible for compliance with all federal, state, and local laws governing charitable solicitation, including without limitation applicable state charitable solicitation registration and reporting requirements. Many states require registration with state authorities prior to soliciting charitable contributions, and such requirements may apply to Goers who solicit support through the Platform regardless of whether NGHBR processes any funds. NGHBR makes no representation as to whether any Goer or Organization has complied with applicable charitable solicitation laws and assumes no liability for any Goer's failure to do so.
6. Projects
6.1 Project Creation
Only Goer accounts may create Projects. By creating a Project, the Goer agrees to:
- Associate the Project with a valid Organization as described in Section 5;
- Ensure that the Project and its associated Organization are Christian in mission, purpose, and affiliation, consistent with NGHBR's platform requirements. Projects that are not Christian in nature are not permitted on the Platform;
- Post only accurate and truthful information about the Project and associated Organization;
- Manage the Project responsibly and in accordance with these Terms; and
- Comply with all applicable laws governing charitable solicitation, fundraising, and related activities.
6.2 Project Privacy Settings
Each Project is assigned one of three privacy levels at the Goer's election:
Public Projects
- Discoverable through the Platform's Explore and search features.
- Fully viewable by any visitor, including anonymous (logged-out) users.
- Any logged-in User may follow a Public Project, and such following is effective immediately without owner approval.
Semi-Private Projects
- Discoverable through the Platform's Explore and search features.
- Anonymous (logged-out) visitors see only a minimal preview and a prompt to log in to follow.
- Logged-in Users who have not been approved as Followers see only a minimal preview and may submit a follow request.
- The Project URL is accessible, but no substantive Content is displayed to unapproved viewers.
- Following requires the Goer's approval; a follow request remains pending until approved or denied by the Goer.
Private Projects
- Not discoverable through the Platform's Explore or search features.
- The Project URL is accessible by direct link only; no Project information is revealed to any visitor without login.
- Logged-in Users who have not been approved as Followers see only a minimal preview and may submit a follow request.
- Following requires the Goer's approval; a follow request remains pending until approved or denied by the Goer.
6.3 Goer's Responsibility for Project Content
The Goer is solely responsible for all Content posted to their Project, including Project updates, messages, images, and other media. NGHBR is not responsible for Project Content and does not endorse any Project or Organization.
6.4 Follower Access to Giver Information
When a Giver becomes an approved Follower of a Project, the Goer will have access to that Giver's contact information, including email address and phone number. Goers agree to use such contact information only in accordance with these Terms, NGHBR's Privacy Policy, and applicable law.
7. Account Plans and Features
7.1 Free Goer Account
A Free Goer Account includes the following features at no charge:
- Creation and management of one or more Projects.
- Posting of Project updates, announcements, and other Content.
- Access to the Platform's built-in email messaging tools for communicating with Followers and Imported Contacts.
- Access to the Platform's CRM (contact relationship management) features, including management of Imported Contacts and Followers.
- Management of Organizations associated with the Goer's Projects.
7.2 Subscription Goer Account
A Subscription Account provides all features of the Free Goer Account plus the following additional premium features:
- Story Studio (AI Tools): Access to NGHBR's AI-powered content creation suite, including tools to draft Project updates and email communications; generate monthly, quarterly, and annual newsletters compiling prior updates; and create other Project-related content using artificial intelligence.
- Enhanced CRM Features: Additional contact management, segmentation, and engagement tools beyond those available under the Free Account.
- Eligibility for Trust Verified status (see Section 8). Only Subscription Account Projects may apply for and receive Trust Verified designation.
- Additional features as may be added to the Subscription Account tier from time to time and communicated to Subscribers via the Platform or email.
7.3 Subscription Terms
- Billing: Subscription fees are billed in advance on a recurring basis (monthly or annual, as selected at the time of subscription). All fees are in U.S. dollars.
- Payment: Payment is processed by NGHBR's third-party payment processor. By subscribing, you authorize NGHBR and its payment processor to charge your designated payment method on the applicable billing cycle.
- Cancellation: You may cancel your Subscription at any time through your account settings. Cancellation will take effect at the end of the then-current billing period; no pro-rated refunds will be issued for unused time unless required by applicable law.
- Price Changes: NGHBR reserves the right to change Subscription fees upon at least 30 days' prior notice to Subscribers. Continued use of the Subscription after the effective date of a price change constitutes acceptance of the new pricing.
- Free Trials: If NGHBR offers a free trial of the Subscription Account, your payment method will be charged at the end of the trial period unless you cancel before the trial expires.
7.4 Giver Account
Giver accounts are free. Giver accounts permit the User to follow Projects, receive Project and NGHBR communications, message Goers, and message other Givers within the context of a Project. Giver accounts do not include Project creation or management features unless the account is converted to a Goer account.
8. Trust Verified Status
8.1 Overview
NGHBR may, in its sole discretion, award a "Trust Verified" designation to qualifying Projects on the Platform. A Trust Verified badge displayed on a Project is an indication that NGHBR has reviewed and verified certain information about the Project, its associated Goer, and the associated Organization based on criteria established and applied exclusively by NGHBR.
Trust Verified status does not constitute an endorsement, guarantee, or warranty by NGHBR of any Project, Organization, Goer, or the accuracy, completeness, or reliability of any Content posted to the Platform. The Trust Verified designation reflects only that NGHBR has reviewed and verified limited, specific information submitted by a Goer at a particular point in time; it does not reflect ongoing monitoring of any Project, Organization, or Goer, and circumstances may change materially after initial verification. Users and Givers are encouraged to conduct their own independent due diligence before donating to, following, or engaging with any Project, regardless of whether that Project displays a Trust Verified badge.
8.2 Eligibility Criteria
To be eligible for Trust Verified status, a Project must satisfy all of the following criteria, as determined by NGHBR in its sole and absolute discretion:
- The associated Organization must hold and maintain valid U.S. 501(c)(3) tax-exempt status, as verified by documentation acceptable to NGHBR;
- The Goer must be confirmed and in good standing on the Platform, with an active, verified Goer account;
- The Goer must demonstrate active and consistent participation and engagement on the Platform, as evaluated by NGHBR;
- The Goer must maintain an active and regular history of posting Project updates to the Platform; and
- The Project must be associated with an active Subscription Goer Account. Projects associated with Free Accounts are not eligible for Trust Verified status, regardless of whether all other criteria are met.
8.3 Grant, Denial, and Revocation
NGHBR reserves the right to grant, deny, suspend, or revoke Trust Verified status at any time and for any reason, in NGHBR's sole discretion, with or without notice to the Goer. Circumstances that may result in revocation include, without limitation: expiration or loss of the Organization's 501(c)(3) status, downgrade or cancellation of the Goer's Subscription Account, inactivity on the Platform, violation of these Terms, or any conduct NGHBR determines is inconsistent with the spirit or purpose of the Trust Verified designation.
NGHBR's decision regarding Trust Verified status is final. Goers may not challenge, appeal, or seek legal redress in connection with any decision by NGHBR regarding Trust Verified status.
8.4 Prohibition on Misrepresentation
No Goer or User may represent that a Project is Trust Verified unless and until NGHBR has formally awarded such status and the Trust Verified badge is actively displayed on the Project by NGHBR. Any misrepresentation of Trust Verified status is grounds for immediate account termination and may result in additional legal liability.
9. Imported Contacts
9.1 Goer's Representations Regarding Imported Contacts
By importing any contact list or individual contact into the Platform, the Goer represents and warrants that:
- The Goer has obtained all legally required consents and permissions from each individual whose information is being imported, including any consents required by the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), applicable state law, and any other applicable law;
- The import and use of such contact information complies with all applicable laws and does not violate the rights of any individual;
- The Goer has the right and authority to upload, store, and use such contact information for the purposes described in these Terms; and
- The Goer will not use Imported Contacts for any purpose prohibited by these Terms or applicable law.
9.2 NGHBR's Use of Imported Contacts
Notwithstanding that Imported Contacts are uploaded and managed by the Goer, NGHBR may, subject to applicable law, send a single one-time invitation communication to an Imported Contact for the limited purpose of inviting that individual to join the Platform, provided that: (a) the Goer has represented, pursuant to Section 9.1, that such individual has provided all legally required consent to receive such communications; (b) such communication clearly identifies NGHBR as the sender and explains the context in which the individual's information was received; (c) such communication includes a clear and conspicuous opt-out mechanism; and (d) NGHBR will not send further promotional communications to any Imported Contact unless and until that individual affirmatively opts in to receive communications directly from NGHBR. Goers who import contacts without the required consent bear sole responsibility for any resulting liability, including claims by such individuals or regulatory authorities.
9.3 Prohibition on Sale or Transfer
Goers are strictly prohibited from selling, renting, leasing, licensing, or otherwise transferring any contact information obtained through the Platform—including Follower contact information and Imported Contacts—to any third party for any commercial purpose. Violation of this prohibition is grounds for immediate account termination and may subject the Goer to legal liability.
9.4 Text Messages: NGHBR Is the Sender; TCPA Consent
Goers cannot send text messages (SMS or MMS) to Imported Contacts or Followers through the Platform. The Platform provides no facility by which a Goer may write the wording of a text message, and no text message is ever sent to an Imported Contact. Contact outreach a Goer can initiate is email only, with the single exception of the project-link invitation described below. A Goer is shown a Follower's mobile number, and the mobile number of any Giver who requests to follow a Project the Goer manages, within the Platform; Section 9.3 prohibits transferring any such number to a third party for a commercial purpose, and this Section 9.4 governs any Goer text messaging capability NGHBR may offer in the future.
NGHBR is the sender of record for all text messages originating from the Platform. NGHBR sends such messages only to registered Users who provided their own mobile number to their NGHBR account, affirmatively consented to receive text messages through their own account settings, and left the corresponding notification preference enabled. A User may withdraw that consent at any time through account settings or by replying STOP to any message. Following a Project does not, by itself, opt a User into text messages. Two kinds of text message fall outside the consent condition stated in this paragraph, and both are described below: a project-link invitation, and an automated answer to a text message NGHBR receives from a number with no NGHBR account behind it.
Project-link invitations. A Goer may invite the owner of another Project to link Projects by supplying that person's mobile number. NGHBR then sends that number one invitation text message. NGHBR is the sender; the wording is NGHBR's and the inviting Goer can neither write nor alter it; it names the inviter, links to the invitation, and carries STOP opt-out instructions. The inviting Goer may re-send the invitation while it remains outstanding. By supplying a mobile number for this purpose, a Goer represents that the number belongs to the person the Goer intends to invite and that the Goer has that person's permission to provide it to NGHBR, and the Goer remains responsible for any consent that applicable law requires for that invitation. Apart from that invitation and the automated answers described in the next paragraph, NGHBR sends no text message to that number unless its owner creates an account, provides the number to that account, and opts in to text messages through their own account settings.
Automated answers. When NGHBR receives a text message from a number with no NGHBR account behind it — a reply to a project-link invitation or any other message — NGHBR's system answers automatically, stating that no account was found for that number and where to get help. That number receives at most one such answer in any twenty-four hour period, however many messages it sends. A message containing STOP or another opt-out keyword receives no answer at all: NGHBR records the opt-out and sends that number no further automated answer. These answers are responses to messages sent to NGHBR; NGHBR initiates no other text message to such a number.
If NGHBR ever makes a Goer-addressed text messaging capability available on the Platform, the following condition applies to its use. Prior to sending any text message (SMS or MMS) to any Imported Contact or Follower through the Platform, a Goer must have obtained prior express written consent from the intended recipient as required by the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227, and applicable Federal Communications Commission regulations. For purposes of this Section, "prior express written consent" means a written agreement (which may be in electronic form) that clearly and conspicuously authorizes the Goer to send text messages to the recipient for the specific types of communications contemplated, and that is not bundled as a condition of participation in another program or receipt of services where the TCPA requires independent, standalone written consent. Goers are solely responsible for obtaining, documenting, and retaining records of all required TCPA consents and shall provide evidence of such consents to NGHBR upon written request. NGHBR reserves the right to suspend or disable any such Goer text messaging capability if NGHBR determines, in its sole discretion, that a Goer may be transmitting text messages without the required prior express written consent.
10. Messaging and Communications
10.1 Goer Communications
Goers may use the Platform's messaging tools to send Project updates, newsletters, and other communications by email to their Followers and, where appropriate, to Imported Contacts. Goer messaging tools are email only; a Goer cannot write or send a text message to a Follower or an Imported Contact through the Platform, and the only text message a Goer's action causes NGHBR to send is a project-link invitation, as described in Section 9.4. All Goer communications sent through the Platform must:
- Be truthful, accurate, and not misleading;
- Relate to the Project, Organization, or Goer's mission;
- Include a clear and conspicuous mechanism for recipients to opt out of future messages (an unsubscribe link in every email);
- Comply with the CAN-SPAM Act, the TCPA (including the consent requirements set forth in Section 9.4 for any text message capability NGHBR may offer), and all other applicable laws governing commercial electronic messaging; and
- Not be used for any purpose prohibited by these Terms.
10.2 NGHBR Communications
By creating an account, Users may receive promotional communications from NGHBR. An individual whose contact information is imported into the Platform receives no more than the single one-time invitation described in Section 9.2, and no further promotional communications from NGHBR unless and until that individual affirmatively opts in to receive them directly from NGHBR. NGHBR will include opt-out mechanisms in all promotional communications. Transactional messages (e.g., account confirmations, password resets) are not subject to opt-out.
10.3 Platform Messaging Between Users
Users may communicate with one another within the Platform through its built-in messaging features. Such communications must comply with these Terms and may not be used to harass, threaten, defraud, or otherwise harm other Users.
10.4 Spam and Unsolicited Messages
Sending unsolicited bulk messages, spam, or other unsolicited commercial communications through the Platform is strictly prohibited and grounds for immediate account termination.
11. Content Standards and Prohibited Conduct
11.1 User Responsibility for Content
You are solely responsible for all Content you post, upload, transmit, or otherwise make available through the Platform. By posting Content, you represent and warrant that:
- You own or have the necessary rights and licenses to post the Content;
- The Content does not infringe the intellectual property, privacy, or other rights of any third party;
- The Content is accurate and not misleading; and
- The Content complies with all applicable laws.
11.2 License to NGHBR
By posting Content on the Platform, you grant NGHBR a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, distribute, display, and transmit such Content solely for the purposes of operating, providing, and improving the Platform and marketing NGHBR's services.
11.3 Prohibited Content and Conduct
You agree not to post, upload, or engage in any of the following on or through the Platform:
- Content that is false, fraudulent, defamatory, obscene, pornographic, or sexually explicit;
- Content that harasses, threatens, abuses, or discriminates against any individual or group;
- Content that infringes any copyright, trademark, trade secret, patent, or other intellectual property right;
- Content that violates any individual's privacy or misappropriates any person's likeness or identity;
- Misrepresentation of affiliation with or authorization from any Organization;
- Use of the Platform to conduct fraudulent charitable solicitations or to misrepresent the tax-exempt status of any Organization;
- Unauthorized access to, interference with, or disruption of the Platform or its infrastructure;
- Use of automated bots, scrapers, or other tools to extract data from the Platform without NGHBR's prior written consent;
- Sale, transfer, or licensing of contact information as described in Section 9.3;
- Misrepresentation of Trust Verified status as described in Section 8.4; and
- Any other conduct that violates applicable law or these Terms.
12. Intellectual Property
12.1 NGHBR's Intellectual Property
All Platform features, design elements, software, trademarks, service marks, logos, and other intellectual property owned by or licensed to NGHBR ("NGHBR IP") are and remain the exclusive property of NGHBR or its licensors. Nothing in these Terms grants you any right, title, or interest in NGHBR IP except the limited license to use the Platform as expressly set forth herein.
12.2 Feedback
If you submit feedback, suggestions, or ideas regarding the Platform ("Feedback"), you grant NGHBR an irrevocable, perpetual, royalty-free, worldwide license to use and incorporate such Feedback into the Platform or other products without any obligation to you.
12.3 DMCA Notice and Takedown Policy
NGHBR complies with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, and will respond to valid notices of copyright infringement. If you believe that Content on the Platform infringes your copyright, please submit a written notice to NGHBR's designated copyright agent containing the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material and information reasonably sufficient to locate it on the Platform; (c) your name, address, telephone number, and email address; (d) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law; (e) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. NGHBR's designated copyright agent may be reached at: NGHBR, LLC, Legal Department, 660 Katherine Drive, Suite 404, Flowood, MS 39232, Email: support@nghbr.com. NGHBR will process valid counter-notifications in accordance with 17 U.S.C. § 512(g)(2) and (3). NGHBR has adopted a repeat infringer policy and reserves the right to terminate the accounts of Users who are found, in NGHBR's reasonable determination, to be repeat infringers of third-party copyright rights.
13. Third-Party Services and Links
The Platform may integrate with or provide links to third-party websites, applications, or services (including social login providers and AI model providers). NGHBR does not endorse and is not responsible for the content, privacy practices, or terms of any third-party service. Your use of third-party services is governed by their respective terms and privacy policies.
14. Disclaimer of Warranties
14.1 THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NGHBR DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (C) ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE PLATFORM, INCLUDING AI-GENERATED CONTENT FROM STORY STUDIO.
14.2 AI-generated outputs from Story Studio and related tools are provided for informational and drafting purposes only. You are solely responsible for reviewing, editing, and approving any AI-generated content before use or publication. This responsibility is particularly critical for content describing financial information, project status, charitable solicitation activity, or organizational affiliation, where inaccuracies may have legal, regulatory, or reputational consequences. NGHBR makes no representation as to the accuracy, completeness, or suitability of AI-generated content. AI-generated content does not constitute and should not be relied upon as legal, tax, financial, or regulatory advice.
14.3 Story Studio: Input Data and Third-Party AI Providers. The following additional terms apply to the use of Story Studio and related AI-powered features available to Subscription Account holders: (a) Input Ownership. You represent and warrant that you have all necessary rights to submit any content, data, or information to Story Studio ("Input") and that doing so does not violate any applicable law or the rights of any third party. (b) Model Training. NGHBR will not use your Input to train its own proprietary AI models without your prior written consent. Story Studio features are powered in whole or in part by third-party AI model providers, which are subject to their own terms of service and data practices outside NGHBR's direct control. NGHBR will make available, upon written request, the identity of its primary AI model provider(s) and a link to their applicable terms and privacy policies. (c) Output Restrictions. You agree not to use Story Studio to generate content that is false, fraudulent, defamatory, or that misrepresents the financial condition, activities, or charitable status of any Organization or Project. You are solely responsible for ensuring the accuracy and lawfulness of all AI-generated content you publish or distribute through or outside the Platform. (d) No Guarantee of Output Quality. AI tools generate outputs based on probabilistic models and may produce errors, omissions, outdated information, or outputs unsuitable for your specific purpose. NGHBR does not guarantee the quality, accuracy, or fitness for purpose of any Story Studio output.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NGHBR, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT NGHBR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL NGHBR'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO NGHBR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
16. Indemnification
You agree to indemnify, defend, and hold harmless NGHBR and its members, managers, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Platform;
- Your Content;
- Your Imported Contacts and your representations regarding same;
- Your violation of these Terms or applicable law;
- Your violation of the rights of any third party; or
- Any communications you send through the Platform.
17. Term and Termination
17.1 Term
These Terms remain in effect for as long as you maintain an account on or use the Platform.
17.2 Termination by You
You may terminate your account at any time by following the account deletion procedures within the Platform or by contacting NGHBR at support@nghbr.com. Termination does not entitle you to a refund of any prepaid Subscription fees except as required by applicable law.
17.3 Termination by NGHBR
NGHBR reserves the right to suspend or terminate your account and access to the Platform at any time, with or without notice, for any reason, including but not limited to:
- Violation of these Terms;
- Conduct that NGHBR determines, in its sole discretion, is harmful to the Platform, other Users, or third parties;
- Fraudulent, deceptive, or unlawful conduct; or
- Failure to pay applicable Subscription fees.
17.4 No Refund upon Termination
In the event NGHBR terminates or suspends your account pursuant to Section 17.3, you will not be entitled to a refund of any prepaid Subscription fees for the remainder of the then-current billing period, except to the extent a refund is expressly required by applicable law. NGHBR's exercise of its termination or suspension rights under this Section shall not limit any other rights or remedies available to NGHBR under these Terms or applicable law.
17.5 Effect of Termination
Upon termination, your right to access and use the Platform immediately ceases. Sections 9.3, 9.4, 11, 12, 14, 15, 16, 18, 19, and 20 survive termination of these Terms. NGHBR's Privacy Policy survives termination with respect to all Personal Information and other data collected by NGHBR prior to the effective date of termination, and the obligations of both parties with respect to the use, retention, and protection of such information shall continue in accordance with the Privacy Policy and applicable law.
18. Dispute Resolution; Arbitration
18.1 Governing Law
These Terms and any dispute arising out of or relating to them or the Platform shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to its conflict of law principles.
18.2 Informal Resolution
Before initiating any formal proceeding, you agree to contact NGHBR at support@nghbr.com and attempt in good faith to resolve the dispute informally for a period of at least 30 days.
18.3 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform that is not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. All arbitration proceedings shall be conducted in Rankin County, Mississippi, or, at your election, by videoconference. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
18.4 Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND NGHBR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.
18.5 Exceptions
Notwithstanding Section 18.3, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or unauthorized disclosure of confidential information. Any such action shall be brought exclusively in the state or federal courts located in Rankin County, Mississippi, and each party hereby consents to personal jurisdiction in such courts for this limited purpose.
19. General Provisions
19.1 Entire Agreement
These Terms, together with the Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and NGHBR with respect to the Platform and supersede all prior agreements and understandings.
19.2 Amendments
NGHBR reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date and, where appropriate, by notifying you via email. Your continued use of the Platform after the effective date of any amendments constitutes your acceptance of the revised Terms.
19.3 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.
19.4 Waiver
NGHBR's failure to enforce any provision of these Terms will not constitute a waiver of its right to enforce that provision in the future.
19.5 Assignment
You may not assign or transfer your rights or obligations under these Terms without NGHBR's prior written consent. NGHBR may freely assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.
19.6 Force Majeure
NGHBR will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labor disputes, or government action.
19.7 Data Security and Breach Notification
NGHBR implements and maintains commercially reasonable technical and organizational measures designed to protect Personal Information and other data held on the Platform from unauthorized access, disclosure, alteration, or destruction. In the event NGHBR determines or has reasonable cause to believe that a security breach has occurred involving your Personal Information, NGHBR will provide notification to affected Users as required by applicable law, including the Mississippi Consumer Protection Act data breach notification provisions, Miss. Code Ann. § 75-24-29, and any other applicable state or federal breach notification statutes. Notification will be provided via email to the address associated with your account, by a prominent notice on the Platform, or by such other method as required or permitted by applicable law. NGHBR will take reasonable and prompt steps to investigate, contain, and remediate any confirmed breach. If you become aware of any suspected unauthorized access to your account or a Platform security vulnerability, please notify NGHBR immediately at support@nghbr.com.
20. Contact Information
For questions about these Terms, to report violations, or to exercise any rights described herein, please contact:
NGHBR, LLC
660 Katherine Drive, Suite 404
Flowood, MS 39232
Email: support@nghbr.com
Website: www.nghbr.com