Last updated: July 15th, 2025*

Please read these Terms of Use carefully before using Our Website.

*For convenience only, a summary of the changes is below:

• We added a clarification that access to the NPact products is permitted only by accessing such products by direct login through the NPact Website. NPact does not authorize third parties to give donors access to our platform.
• We added a clarification that NPact will not be liable for any claims related to third-party actions, content, security, or services.
• We reserved the ability to make changes to our Terms of Use effective on notice, although we may provide notice in advance on our Website.

Acknowledgement

These are the Terms of Use governing the use of this Website.

Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Website.

By accessing or using the Website You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Website.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Website.

Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Use:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: United States

Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms of Use) refers to Fusion Laboratories dba NPact, a Delaware corporation.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Website.

Terms of Use mean these Terms of Use that, along with the Privacy Policy, form the entire agreement between You and the Company regarding the use of the Website. Website refers to the NPact website, accessible from https://npact.com

You means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.

Intellectual Property

The Website and its content, features and functionality are and will remain the exclusive property of the Company and its licensors.

The Website is protected by copyright, trademark, and other laws of both the Country and foreign countries. No license or right to any copyright, patent, trademark or other proprietary interest of the Company or any third party is conferred by implication, estoppel, or otherwise.

Our trademarks and trade dress may not be used by You in connection with any product or service, or in any promotional material or advertising, or otherwise, without the prior written consent of the Company.

Your Feedback to Us

You hereby assign and agree to assign all rights, title and interest to Us in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, transferable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license at any tier, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Rejection of External Passthrough

Users are explicitly prohibited from accessing the Website through third-party products or applications and initiating and/or authorizing any actions including but not limited to communications, donations, grants, transfers, allocations or reallocations, or payments of any kind through third-party products or applications. For the avoidance of doubt, access to the Website and any Fusion Laboratories

LLC product is permitted only by accessing such products by direct login through the Company Website. You and all users of any kind may not impose or pass through any additional or conflicting terms, conditions, or policies on the Company through your use of the Website, including but not limited to terms contained in purchase orders, click-through agreements, or other communications. Any such terms are hereby expressly rejected and shall be null and void.

The Company does not accept, agree to, or become bound by any third-party terms of use, privacy policies, or other contractual obligations that are not explicitly agreed to in writing by an authorized representative of the Company. Your access to or interaction with the Website does not constitute acceptance of any such external terms, and any attempt to impose them is expressly rejected and disclaimed.

Rejection of External Liability

To the fullest extent permitted by applicable law, the Company expressly disclaims and rejects any liability, obligation, or responsibility arising out of, resulting from or related to any third-party terms, conditions, representations, warranties, or agreements that are not expressly accepted in writing by an authorized representative of the Company.

The Company shall not be liable for any claims, damages, or losses arising out of, resulting from or related to third-party actions, content, security, privacy, accuracy, services, or agreements, including but not limited to those imposed by vendors, users, or other external parties through the use of the Website or any associated services. Any attempt to impose such liability on the Company is hereby expressly rejected and disclaimed and shall be deemed null and void.

Termination

We may terminate or suspend Your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use.

Upon termination, Your right to use the Website will cease immediately.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will the Company or its Affiliates, licensors or suppliers be liable for any direct, special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with the Website or any provision of these Terms of Use), even if the Company or any of its Affiliates, licensors or suppliers has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for direct, incidental or consequential damages, which means that some of the above limitations may not apply to You. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Website is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company, its Affiliates, licensors and/or suppliers provide no warranty or undertaking, and make no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's Affiliates, licensors or suppliers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of Massachusetts, USA, excluding its conflicts of law rules, shall govern these Terms of Use and Your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms of Use is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms of Use will not affect a party's ability to exercise such right or require such performance at any time thereafter nor will the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms of Use may have been translated if We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms of Use

We reserve the right, at Our sole discretion, to modify or replace these Terms of Use from time to time.

We will let You know on Our Website and update the "Last updated" date at the top of these Terms of Use.

You are advised to review these Terms of Use periodically for any changes. Changes to these Terms of Use are effective when they are posted on this page.

By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website.

Contact Us

If you have any questions about these Terms of Use, You can contact us by visiting this page on our Website: https://npact.com/contact