This AI Features Addendum (“Addendum”) supplements the Agreement between GoodUnited, Inc. (“GoodUnited”) and Customer (“Customer”) and governs Customer’s use of GoodUnited’s artificial intelligence and machine learning–powered features (“AI Features”). Capitalized terms not defined herein have the meanings set forth in the Agreement.
GoodUnited offers AI-powered features designed to assist nonprofit organizations in supporter engagement, fundraising optimization, and messaging workflows.
The AI Features may include, but are not limited to:
AI Features are assistive in nature and are intended to support Customer decision-making. AI Features do not autonomously execute campaigns, send messages, or take action on Customer’s behalf without Customer review or approval.
Customer remains at all times fully responsible for all inputs, prompts, configurations, or training data Customer utilizes with the AI Feature or provides to GoodUnited as part of the services to be provided.
Customer retains full control over whether and how AI-generated outputs are used.
AI Features may use the following categories of data to generate recommendations and insights:
Platform Interaction Data:
Customer-Provided Data:
Technical and Contextual Data:
Third-Party Data:
Data Handling Principles:
Certain data used by AI Features may constitute “Personal Data” (as defined under GDPR) or “Personal Information” (as defined under CCPA and similar state privacy laws), even where such data does not directly identify an individual. The data powering AI Features is pseudonymous, meaning it may be indirectly identifiable when combined with other data or through inference.
Where Personal Data is used:
Consent. By executing the Agreement that incorporates this Addendum, Customer acknowledges and consents to the use of data as described herein for the purpose of providing and improving AI Features for GoodUnited’s customers. Customer represents that it has obtained or will obtain any consents required from its supporters under applicable law for the data processing activities described in this Addendum.
GoodUnited may use aggregated and de-identified data derived from platform usage to improve and enhance AI Features over time. This means that aggregate patterns and statistical insights derived from the collective usage of the platform—including data from multiple customers—may inform the predictions, recommendations, and performance of AI Features available to all customers.
For clarity:
AI Features may leverage third-party artificial intelligence, machine learning, or cloud computing technologies, including but not limited to large language model (LLM) providers and cloud-based machine learning infrastructure. GoodUnited remains responsible for its obligations under the Agreement; provided that, to the extent the performance of any AI Features depends on Third-Party Technology, GoodUnited will use commercially reasonable efforts to select and manage such providers and to cause them to comply with applicable contractual obligations, and GoodUnited will not be responsible for failures or interruptions attributable to such Third-Party Technology except to the extent caused by GoodUnited’s breach of the Agreement
Customer acknowledges that:
GoodUnited does not warrant that AI-generated outputs will be error-free or achieve specific fundraising or engagement results.
AI FEATURES AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOODUNITED DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THAT OUTPUTS WILL BE FREE OF ERRORS, DEFECTS, BIAS, OR HARMFUL CONTENT, OR WILL ACHIEVE ANY PARTICULAR RESULTS.
CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER AND HOW TO USE ANY OUTPUT AND FOR ENSURING COMPLIANCE WITH ALL APPLICABLE LAWS, REGULATIONS, INDUSTRY STANDARDS, AND THIRD‑PARTY TERMS, INCLUDING THOSE GOVERNING MARKETING, FUNDRAISING, PRIVACY, DATA PROTECTION, CONSUMER PROTECTION, INTELLECTUAL PROPERTY, AND PLATFORM POLICIES.
WITHOUT LIMITING THE FOREGOING, GOODUNITED IS NOT RESPONSIBLE FOR (A) CUSTOMER’S INPUTS, PROMPTS, CONFIGURATIONS, OR TRAINING DATA SUPPLIED BY OR ON BEHALF OF CUSTOMER; (B) DECISIONS MADE OR ACTIONS TAKEN BY CUSTOMER BASED ON OUTPUTS; OR (C) ANY CONTENT CREATED, PUBLISHED, TRANSMITTED, OR SUPPRESSED BY CUSTOMER USING THE OUTPUTS.
TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, CUSTOMER’S EXCLUSIVE REMEDY AND GOODUNITED’S SOLE OBLIGATION FOR BREACH OF SUCH NON‑DISCLAIMABLE WARRANTY SHALL BE, AT GOODUNITED’S OPTION, TO REPERFORM THE AFFECTED AI FEATURE OR TO REFUND THE FEES PAID FOR THE AFFECTED AI FEATURE FOR THE PERIOD IN WHICH THE ISSUE OCCURRED, SUBJECT IN ALL CASES TO THE AGREEMENT’S LIMITATION OF LIABILITY.
Indemnification. Customer shall defend, indemnify, and hold harmless GoodUnited and its affiliates, and their respective directors, officers, employees, and agents, from and against any and all claims, demands, suits, regulatory actions, fines, penalties, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer’s inputs, prompts, configurations, or training data supplied by or on behalf of Customer; (b) Customer’s use of, or reliance on, any AI‑generated output, including any content created, published, sent, or suppressed by Customer; (c) Customer’s violation of applicable laws, regulations, industry standards, or third‑party terms (including marketing, fundraising and charitable solicitation, consumer protection, privacy and data protection, platform, and intellectual property laws and policies); and (d) any allegation that Customer content, inputs, or use of outputs infringe, misappropriate, or violate any intellectual property, publicity, or privacy right of any third party.
This indemnification applies notwithstanding any contrary allocation of risk in the Agreement and is in addition to, and not in lieu of, any indemnification provided by Customer under the Agreement.
Limitation of Liability. To the maximum extent permitted by applicable law, GoodUnited’s liability arising from or related to AI Features—including any recommendations, predictions, or outputs generated thereby—is subject to the limitations of liability set forth in the Agreement. GoodUnited shall not be liable for any losses, damages, or costs arising from Customer’s reliance on AI-generated outputs without independent review, or from Customer’s failure to review, modify, or reject AI-generated content prior to use.
Customer Opt-Out. Customer may elect to disable AI Features on a per-feature or per-campaign basis where technically supported. Disabling AI Features may limit access to certain recommendations, insights, or optimizations. Core platform functionality remains available independent of AI Features.
Data Exclusions. Customers whose agreements contain data restrictions or exclusions will not have access to AI Features by default. Such customers may request access by modifying or waiving the applicable data restriction, subject to mutual agreement.
GoodUnited retains data used in connection with AI Features for the duration of the Agreement and for a reasonable period thereafter as necessary to fulfill its obligations and comply with applicable law.
As between the parties:
Nothing in this Addendum transfers intellectual property rights except as expressly stated in the Agreement.
In the event of a conflict between this Addendum and the Agreement, this Addendum governs solely with respect to AI Features. In the event of a conflict between this Addendum and any Data Processing Addendum, the Data Processing Addendum governs with respect to data protection obligations.
GoodUnited may update, modify, or enhance AI Features from time to time. GoodUnited will provide reasonable notice of material changes to AI Features that affect data processing practices, model training scope, or the categories of data used. Non-material updates (e.g., model accuracy improvements, interface changes) may be made without prior notice.