Last updated: October 24, 2026
These Terms of Service (the "Terms") are an agreement between Reshapify, LLC, a limited liability company doing business as FreshRally ("FreshRally," "we," "us"), and the club, association, village, or other organization that signs up for FreshRally (the "Club," "you"). They cover your use of FreshRally's membership, events, email, website, payments, and related services (the "Services").
By creating or claiming a FreshRally account, or by using the Services, you agree to these Terms, to our Data Processing Agreement (the "DPA"), which forms part of these Terms, and to the Privacy Policy. If you accept on behalf of an organization, you confirm that you are authorized to bind it. If you are not authorized, or don't agree, don't use the Services.
Section 14 explains the terms that apply to members and visitors who use a Club's FreshRally pages but are not the Club.
1. Definitions
Administrators are the people the Club gives access to its admin console, such as its officers, board members, staff, and volunteers.
Members are the Club's members, applicants, donors, event attendees, volunteers, website visitors, and others whose information the Club manages in FreshRally.
Club Data is the information, content, and files the Club, its Administrators, or its Members put into the Services, including membership records, payments, emails, website pages, and documents.
Active Members are the memberships that are current or in their renewal grace period on a given day. A household or company membership counts once, however many people it covers.
2. Using FreshRally
2.1 Access. Subject to these Terms, we grant the Club a non-exclusive, non-transferable right to use the Services for its own organizational purposes during its subscription.
2.2 Administrators. The Club decides who its Administrators are and what each may do. The Club is responsible for its Administrators' actions in FreshRally, for removing access when someone's role ends, and for keeping the email accounts they sign in with secure. Tell us promptly at hello@freshrally.com if you suspect unauthorized access.
2.3 Account information. The Club will keep its contact and billing details accurate.
3. Trial, plans, and fees
3.1 Free trial. New Clubs get a free trial (currently 30 days). No payment details are needed to start. When the trial ends, the admin console becomes read-only until the Club subscribes; Members can still join, renew, register, and donate.
3.2 Plans. You choose your plan from those on our pricing page. Plans differ only in how many Active Members they cover; every plan includes every feature. Your plan must cover your Active Members.
3.3 Changing plans. You can change plans at any time from the Billing page. Moving to a larger plan takes effect immediately, and you're charged the prorated difference for the rest of your billing period. Moving to a smaller plan takes effect at your next renewal. We check your number of Active Members daily; if you outgrow your plan, we move you to the smallest plan that covers them and charge the prorated difference, so no member is turned away. We never move you to a smaller plan.
3.4 Billing. Subscriptions are billed in advance, monthly or yearly, in U.S. dollars, through Stripe, and renew automatically until canceled. Fees don't include taxes; you are responsible for applicable taxes other than taxes on our income.
3.5 Price changes. We may change our prices with at least 30 days' notice by email. A change applies from your next renewal after the notice period.
3.6 Late payment. If a payment fails, the Services keep working normally for 14 days while you update your payment method. After that, the admin console becomes read-only until the balance is paid. Members' own actions (joining, renewing, paying, registering, and donating) keep working throughout.
3.7 Cancellation and refunds. You can cancel at any time from the Billing page; your subscription then ends at the end of the current billing period, and we don't charge again. Fees already paid are non-refundable, except where these Terms or the DPA say otherwise or the law requires.
4. Payments from your Members
4.1 Stripe. Card and bank payments from Members are processed by Stripe, Inc. To accept them, the Club must connect its own Stripe account and agree to Stripe's terms, including the Stripe Connected Account Agreement. The Club's agreement with Stripe is between the Club and Stripe.
4.2 You are the seller. Payments are made directly to the Club's Stripe account, and the Club is the merchant of record. Stripe pays out to the Club's bank account. FreshRally never holds the Club's funds.
4.3 FreshRally's fee. We charge a platform fee on online payments, currently 0.5% of each payment, which Stripe deducts automatically. Stripe's own processing fees are separate and set by Stripe. Payments the Club records itself (checks, cash, and bank transfers) carry no FreshRally fee. When a payment is refunded through FreshRally, our fee on the refunded amount is returned.
4.4 Refunds, disputes, and taxes. The Club is responsible for its own refund policy, for responding to disputes and chargebacks, and for any taxes on what it sells or receives, including the accuracy of any donation receipts it issues.
5. The Club's responsibilities
5.1 Club Data. The Club is responsible for the accuracy, quality, and lawfulness of Club Data, and for having the right to put it into FreshRally.
5.2 Members' privacy. The Club is responsible for telling its Members how it uses their information, for obtaining any consents the law requires, and for honoring their requests, as set out in the DPA. The Club controls what appears in its public website and member directory.
5.3 Email. The Club will email only people it has a lawful basis to contact, and will comply with anti-spam laws, including CAN-SPAM in the United States and CASL in Canada. FreshRally adds unsubscribe links to campaign emails and stops sending to people who unsubscribe, bounce, or complain; the Club must not try to work around this.
5.4 Waivers and documents. FreshRally provides tools to collect electronic signatures on the Club's waivers and forms. The Club writes the content of those documents and is responsible for whether they suit its activities and are enforceable. FreshRally does not give legal advice.
5.5 Minors. If the Club records information about people under 18, or collects waivers for them, it will do so with a parent's or guardian's involvement as the law requires.
6. Acceptable use
The Club and its Administrators will not use the Services to:
- break the law, or help anyone else break it;
- send spam, or email people who haven't agreed to hear from the Club where consent is required;
- collect the sensitive information listed in section 7.3 of the DPA (such as government ID numbers, health information, or card numbers);
- publish content that is unlawful, defamatory, harassing, hateful, or that infringes someone else's rights;
- upload malware, or try to access other Clubs' data, probe or disrupt the Services, or get around their security or usage limits;
- resell the Services, or use them to build a competing product; or
- copy, reverse engineer, or decompile the Services, except as the law allows despite this restriction.
7. Ownership and data
7.1 Your data is yours. The Club owns Club Data. The Club grants FreshRally a limited license to host, copy, process, display, and transmit Club Data only as needed to provide, secure, and support the Services, and as described in the DPA.
7.2 Export and deletion. The Club can export its data at any time. After the subscription ends, Club Data remains available for export for 30 days and is then deleted as described in the DPA.
7.3 Aggregated data. We may create aggregated, de-identified statistics from use of the Services (for example, average renewal rates) to run and improve FreshRally. These never identify a Club or a person.
7.4 Our property. FreshRally, including its software, design, documentation, and trademarks, belongs to us and our licensors. These Terms don't grant any rights in it except the right to use the Services.
7.5 Feedback. If you send us suggestions, we may use them without any obligation to you.
8. Third-party services
The Services work with services we don't control, such as Stripe, email providers, and integrations the Club chooses to connect (for example, Zapier). The Club's use of those services is governed by their own terms. We are not responsible for them, but we will choose the providers we rely on carefully and remain responsible for our Subprocessors as described in the DPA.
9. Availability, support, and changes
We work to keep FreshRally available and secure, and to fix problems quickly, but the Services may occasionally be unavailable, including for maintenance. We provide support by email at hello@freshrally.com. We may change or improve the Services over time; we won't make changes that materially reduce the core functionality of a Club's current plan during its paid term without notice.
10. Suspension
We may suspend access to the Services, in whole or in part, if we reasonably believe it is needed to prevent harm to FreshRally, other Clubs, Members, or the public, such as a security threat or a serious breach of section 6. We will give notice where we reasonably can, limit the suspension to what is needed, and restore access once the issue is resolved. Non-payment is handled as described in section 3.6.
11. Term and termination
11.1 Term. These Terms start when the Club accepts them and continue until the Club's account is closed.
11.2 Ending the agreement. The Club can cancel at any time as described in section 3.7. Either party may end these Terms if the other materially breaches them and doesn't fix the breach within 30 days after notice. We may also end them with 60 days' notice, for example if we stop offering the Services; in that case we refund any prepaid fees for the unused period.
11.3 Effect. When these Terms end, the Club's access ends, subject to the export period in section 7.2. Sections 4.4, 5, 7, 12, 13, and 15 survive.
12. Warranties and disclaimers
Each party confirms that it has the authority to enter into these Terms. FreshRally will provide the Services with reasonable skill and care, in line with these Terms and the DPA.
EXCEPT AS STATED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND FRESHRALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FRESHRALLY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DON'T ALLOW THESE EXCLUSIONS, SO THEY APPLY ONLY TO THE EXTENT THE LAW ALLOWS.
13. Limitation of liability and indemnity
13.1 Excluded damages. EXCEPT FOR EXCLUDED CLAIMS (DEFINED BELOW), NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR GOODWILL, ARISING OUT OF THESE TERMS, EVEN IF ADVISED OF THEIR POSSIBILITY.
13.2 Cap. EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES THE CLUB PAID TO FRESHRALLY IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, AND (B) US $100.
13.3 Excluded claims. The limits in sections 13.1 and 13.2 don't apply to a party's gross negligence, fraud, or willful misconduct; to the Club's obligation to pay fees; to amounts owed under section 13.4; or to liability that cannot be limited by law.
13.4 Indemnity. FreshRally will defend the Club against third-party claims that the Services, used as permitted, infringe that third party's U.S. intellectual property rights, and pay resulting damages and costs finally awarded or agreed in settlement. If such a claim arises, we may modify the Services to avoid it, get the right for the Club to keep using them, or end the Club's subscription and refund prepaid fees for the unused period. The Club will defend FreshRally against third-party claims arising from Club Data, from the Club's activities, events, or dealings with its Members, or from the Club's breach of section 5 or 6, and pay resulting damages and costs finally awarded or agreed in settlement. The party seeking defense must notify the other promptly, give it control of the defense and settlement (no settlement may admit fault by the defended party without its consent), and reasonably cooperate.
14. Members and visitors
If you use a Club's website, join or renew a membership, register for an event, sign a waiver, donate, or sign in to a member portal, you are dealing with that Club; FreshRally provides the technology on its behalf.
- Your relationship is with the Club. The Club sets its own membership terms, prices, event policies, refund policy, and waivers, and is responsible for them. Questions about your membership, payments, or events should go to the Club.
- Your information. The Club controls the information you give it and decides how it's used. FreshRally processes it on the Club's behalf under the DPA. See our Privacy Policy for how FreshRally handles information, and the Club's own privacy notice, if it has one.
- Payments you make to a Club are processed by Stripe and go to the Club.
- Use the pages fairly. Don't misuse them, attempt to access other people's information, or interfere with their operation. The disclaimers and limitations in sections 12 and 13 apply to your use of the pages, to the extent the law allows.
15. General
15.1 Changes to these Terms. We may update these Terms. We'll email the Club's account contact at least 30 days before material changes take effect; continuing to use the Services after that means you accept them. If you don't, you may cancel before they take effect and receive a pro-rated refund of prepaid fees.
15.2 Notices. We send notices to the email address on the Club's account. Send notices to us at hello@freshrally.com.
15.3 Governing law and courts. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction over disputes arising from these Terms, and each party consents to that jurisdiction. Before going to court, each party will first try in good faith to resolve the dispute informally for at least 30 days, except where urgent relief is needed. Nothing here limits rights that consumer or privacy laws give to individuals and cannot be waived.
15.4 Assignment. Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition, or sale of substantially all of its relevant assets, with notice.
15.5 Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, such as natural disasters, widespread internet or utility outages, or acts of government, other than payment obligations.
15.6 Publicity. We won't name the Club as a customer in our marketing without its permission.
15.7 Entire agreement. These Terms, the DPA, and the Privacy Policy are the entire agreement about the Services and replace any earlier understandings. If a provision is unenforceable, the rest stays in effect. Not enforcing a provision isn't a waiver. The parties are independent contractors.
Contact: Reshapify, LLC, doing business as FreshRally. Email: hello@freshrally.com.