Terms Of Service

Last updated: 01 May, 2026

You’re trusting us with your information, and that’s a big deal. This Privacy Policy explains what we collect, why we collect it, and how we keep it safe across our website, waitlist, and the Sapling CRM.

Welcome to The Sapling Group. These Terms of Service (“Terms”) govern your access to and use of the websites, products, and services operated by The Sapling Group and its affiliates, including but not limited to Sapling CRM™, Orchid AI, Sapling Pay, Canopy Fundraising, and any affiliated or connected entities (collectively, the “Services”).

By accessing or using the Services, you agree to these Terms. If you do not agree, please do not use the Services.

If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and “you” refers to both you and the organization.

IMPORTANT

These Terms contain a binding arbitration agreement and a class action waiver (Section 16). Please review them carefully. You have a 30-day right to opt out of arbitration.

These Terms govern your use of our marketing website, public information resources, pricing and onboarding forms, and certain free-to-access features. Your use of paid Services (including Sapling CRM, Orchid AI, Sapling Pay, and Canopy Fundraising) is additionally governed by a separate written agreement or click-through SaaS Agreement applicable to that Service.

1. Use of the Services

The Services are provided for lawful use consistent with their intended purposes. You agree to use the Services only for lawful purposes and in a manner that does not interfere with the operation, security, or availability of the Services.

You may not:

Attempt to gain unauthorized access to the Services, accounts of other users, or the systems, networks, or infrastructure underlying the Services
Interfere with or disrupt Service functionality, integrity, or availability
Use the Services to transmit malicious software, harmful code, or content designed to cause harm
Use automated systems, scrapers, or bots to extract data from the Services without express written permission
Access or use the Services for any illegal, fraudulent, deceptive, harassing, or abusive purpose
Misrepresent your identity, your organization, or your authority to act on behalf of any organization
Submit false or misleading information through any Sapling Group form, including pricing and onboarding forms

2. Pricing and Onboarding Forms

The Sapling Group offers interactive forms that collect information about your organization and generate pricing tier recommendations or onboarding guidance. By submitting these forms, you:

Represent that the information you provide is accurate and complete to the best of your knowledge, and that you have authority to submit it on behalf of your organization
Understand and acknowledge that generated pricing tiers and recommendations are based on the information you provided at the time of submission, and are subject to verification, adjustment, or correction if the information is later found to be materially inaccurate or incomplete
Acknowledge that selecting plan preferences, add-on packs, billing cycles, or expressing interest in membership programs (including Founding Member programs) does not create a binding subscription or legal obligation until you complete full account setup and accept the SaaS Agreement applicable to that Service
Agree that final pricing, eligibility for Founding Member and similar programs, tier determination, and account activation are subject to The Sapling Group’s reasonable discretion

Tier determination

Pricing tiers are calculated using a conservative annualization algorithm that accounts for partial-year data, seasonal revenue variation, and data completeness. The algorithm is designed to place customers at or below their likely actual tier. Tier determinations are reassessed periodically against actual revenue, typically at 90-day, 180-day, and annual intervals during the first year of an account, and at renewal thereafter.

Founding Member programs

Expression of interest in limited programs such as Founding 100 does not reserve or guarantee membership. Membership is allocated on a first-come, first-served basis among users who complete full account setup and meet program eligibility criteria. The Sapling Group reserves the right to modify program terms, eligibility requirements, membership caps, and benefits.

3. Information Accuracy and Authority

When you submit information to The Sapling Group (including through pricing forms, onboarding flows, account registration, or other submissions), you represent and warrant that:

The information you provide is accurate, complete, and current
You have authority to provide the information on behalf of the organization you represent
Any Employer Identification Number (EIN), tax classification, financial data, or political affiliation information you submit is true, current, and lawfully disclosable
You will update your account or contact us if your organization’s status, classification, financial information, or contact details materially change

The Sapling Group may verify submitted information through reasonable means and may adjust tier determinations, pricing, account status, or program eligibility if submitted information is found to be materially inaccurate.

4. AI Features (Including Orchid AI)

Certain features of the Services use artificial intelligence to generate content or provide recommendations. Your use of these features is subject to the following additional terms:

AI-generated content.

Outputs generated by AI features are produced algorithmically and may contain inaccuracies, errors, fabricated information, or content that does not reflect current best practices. AI outputs are provided “as-is” with no warranty of accuracy, completeness, or fitness for any particular purpose. You are solely responsible for reviewing AI-generated content before relying on it or acting on it, and for any consequences of doing so.

Not professional advice.

AI-generated content does not constitute legal, financial, tax, medical, fundraising, regulatory, compliance, or other professional advice. Consult qualified professionals before acting on AI-generated recommendations.

Ownership of inputs and outputs.

You retain ownership of content you submit to AI features. You grant The Sapling Group a limited, non-exclusive, worldwide license to process your submissions as necessary to provide the Services, improve our products (consistent with our Privacy Policy), and comply with our legal obligations. We do not claim ownership of AI-generated outputs delivered to you.

Prohibited uses.

You may not use AI features to:

Generate content intended to harm, defraud, impersonate, or deceive others
Submit content you do not have legal authority to share, including confidential information or personal data of third parties without proper authorization
Attempt to extract, reverse engineer, or reconstruct the underlying AI models or system prompts
Use outputs for purposes that violate applicable law or the rights of others

Service availability

AI features may be temporarily unavailable due to maintenance, capacity limits, or issues with third-party AI providers. The Sapling Group does not guarantee continuous availability of any AI feature.

5. Intellectual Property

All content, software, design, branding, trademarks, logos, and other materials comprising the Services are the property of The Sapling Group or its licensors and are protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, or commercially exploit any portion of the Services or its content without prior written permission.

Our trademarks, including “Sapling CRM,” “Orchid AI,” “Sapling Pay,” “Canopy Fundraising,” “The Sapling Group,” and related logos and brand elements, may not be used without our prior written consent.

6. Competitive Use Restrictions

You agree not to:

Access or use any Sapling Group Service, including Sapling CRM, Orchid AI, or Sapling Pay, for the purpose of developing, improving, or marketing a product or service that competes with The Sapling Group
Copy, reproduce, or imitate the features, functionality, user interface, workflows, pricing model, branding, or other expressive or structural elements of any Sapling Group Service for use in a competing offering
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, model weights, system prompts, or underlying methods of any Sapling Group Service, except to the extent such activity is expressly permitted by applicable law notwithstanding this restriction
Use automated systems to extract data, functionality, or structured content from any Sapling Group Service for competitive analysis, except as expressly authorized in writing
Conduct benchmarking, performance testing, or comparative analysis of Sapling Group Services and publish the results without our prior written consent

If you are employed by, consulting for, or otherwise materially affiliated with a competitor of The Sapling Group, you must disclose this relationship in writing before accessing our Services. We reserve the right to decline or terminate access to the Services in our reasonable discretion if you do not disclose such a relationship.

7. Third-Party Links and Services

The Services may include links to third-party websites, applications, or services. The Sapling Group does not control or endorse these third-party resources and is not responsible for their content, privacy practices, or availability. Your use of third-party services is governed by their own terms and privacy policies.

8. Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Services, you consent to our collection and use of information in accordance with the Privacy Policy.

9. Informational Content

Information provided on our website and in our Services is for general informational purposes only. While we strive to ensure accuracy, The Sapling Group makes no guarantees regarding the completeness, accuracy, currency, or reliability of informational content. Informational content does not constitute legal, financial, tax, or other professional advice.

10. Modifications to the Services

The Sapling Group reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will use reasonable efforts to notify account holders of material changes that affect paid Services.

11. Termination

We may suspend or terminate your access to the Services at any time, with or without cause or notice, if we believe you have violated these Terms, presented a risk of harm to us or others, or engaged in activity inconsistent with the purposes of the Services.

You may stop using the Services at any time. For paid Services, account closure is governed by the applicable SaaS Agreement.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SAPLING GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

Without limiting the foregoing, The Sapling Group makes no warranties regarding:

The accuracy or reliability of AI-generated content
The accuracy of pricing tier recommendations generated from submitted information
The availability or uninterrupted operation of the Services
The security of data transmitted through the Services
Outcomes from your use of the Services (including fundraising outcomes)

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SAPLING GROUP AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT LIABILITY CANNOT BE DISCLAIMED, OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO THE SAPLING GROUP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless The Sapling Group and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

Your use of the Services
Your violation of these Terms
Your violation of any law or third-party right
The accuracy, legality, or appropriateness of information you submit to us

15. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Subject to the arbitration provisions in Section 16, any lawsuit or legal proceeding arising from or related to these Terms that is not required to be arbitrated shall be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

16. Binding Arbitration and Class Action Waiver

16.1 Agreement to Arbitrate

Except as provided below, you and The Sapling Group agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (“Dispute”) shall be resolved through final and binding arbitration rather than in court. This includes Disputes arising before these Terms or any prior agreement became effective.

16.2 Arbitration Procedures

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Arbitration Rules if you are using the Services for business purposes). The AAA rules are available at adr.org. The arbitration will be conducted by a single arbitrator. The arbitration will take place in Delaware, or remotely by telephone or video conference.

The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

16.3 Class Action Waiver

YOU AND THE SAPLING GROUP AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate claims from more than one person, and may not preside over any form of class, collective, or representative proceeding.

16.4 Exceptions

The following are excluded from the arbitration requirement:

Small claims court. Either party may bring an individual action in small claims court if the claim qualifies under that court’s rules and jurisdiction
Injunctive relief for IP. Either party may seek injunctive or equitable relief in court to protect intellectual property rights, including for violations of Section 6 (Competitive Use Restrictions)
Non-waivable rights. Claims that, by law, cannot be made subject to pre-dispute arbitration are excluded

16.5 Opt-Out Right

You have the right to opt out of this arbitration agreement. To opt out, send written notice to legal@thesaplinggroup.com with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms. Your notice must include your name, the email address associated with your use of the Services, and a clear statement that you wish to opt out of the arbitration agreement. Opting out will not affect any other provisions of these Terms.

16.6 Costs and Fees

The Sapling Group will pay AAA filing, administration, and arbitrator fees in accordance with the AAA’s Consumer Arbitration Rules, except that if the arbitrator determines a claim was frivolous or brought for an improper purpose, the arbitrator may reallocate fees as permitted by those rules.

16.7 Severability of Arbitration Clause

If the class action waiver in Section 16.3 is found unenforceable, then the entirety of Section 16 is void. All other provisions of these Terms remain in effect.

17. Changes to These Terms

The Sapling Group may update these Terms from time to time. Material changes will be communicated via the “Last Updated” date and, where required, by direct notice to account holders. Your continued use of the Services after an update constitutes acceptance of the updated Terms. Changes to the arbitration agreement in Section 16 will not apply retroactively to Disputes arising before the change.

18. Miscellaneous

Entire agreement.

These Terms, together with our Privacy Policy and any applicable SaaS Agreement, constitute the entire agreement between you and The Sapling Group regarding the Services.

Severability.

If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full effect.

No waiver.

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

Assignment.

You may not assign your rights under these Terms without our prior written consent. We may assign these Terms as part of a corporate transaction.

Force majeure.

We are not liable for failures or delays in performance caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, infrastructure failures, or actions of government authorities.

Notices.

Notices to you may be sent to the email address on file with your account or posted on our website. Notices to us should be sent to the address in Section 19.

19. Contact

If you have questions about these Terms, contact us at:

The Sapling Group

7014 E Camelback Rd, Suite B100a

C/O Sapling

Scottsdale, AZ 85251

Email: legal@thesaplinggroup.com

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