⚠️ DRAFT FOR LEGAL REVIEW — NOT LEGAL ADVICE
This document has been drafted to accelerate review by qualified counsel. It has NOT been reviewed by an attorney licensed in your jurisdiction. Do not present this to end users, sign it, or rely on it for any legal decision until a qualified lawyer has reviewed, edited, and approved it. Fikra LLC and the drafter assume no liability for use of this template.
Masjid Fikra Terms of Service
Last updated: [TO BE FILLED]
1. Agreement to Terms
By accessing or using masjidfikra.com, the Masjid Fikra application, or any donation or giving page hosted by us on behalf of a masjid (collectively, the "Services"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Services.
2. Who We Are
The Services are operated by Fikra LLC, a Nevada limited liability company ("Fikra", "we", "us"). Fikra provides software-as-a-service tools that masjids use to manage fund accounting, donations, memberships, and donor relationships. Each masjid using our platform is an independent organization and is referred to here as a "Masjid". Fikra LLC is not itself a masjid, a charity, or a 501(c)(3) organization.
3. Eligibility
You must be at least 18 years old and able to form a legally binding contract to use the Services. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization.
4. Accounts and Login
Authentication is provided via Clerk. You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at [email protected] if you suspect unauthorized access.
5. Donations
5.1 Donations made through the Services are made to the specific Masjid operating the giving page you are viewing. Fikra LLC is not the recipient of donations, is not a party to the donation transaction, and does not take custody of donated funds.
5.2 Donation payments are processed by Stripe, Inc. Card and processing fees are set by Stripe.
5.3 Tax deductibility. Whether a donation is tax-deductible depends on the Masjid's own tax status (e.g., 501(c)(3) recognition) and your individual tax situation. Fikra LLC makes no representation that any donation is deductible. Consult a tax advisor.
5.4 Receipts. Donation receipts are issued in the name and by the authority of the Masjid. Our software generates them on the Masjid's behalf.
5.5 Refunds. Refund requests for donations must be directed to the Masjid. Fikra LLC does not process donation refunds.
6. Prohibited Uses
You may not:
- use the Services for fraud, money laundering, or any unlawful purpose;
- scrape, crawl, or use automated means to extract data from the Services;
- submit automated, fake, or test donations against a live Masjid account;
- impersonate a Masjid, its staff, or any donor or member;
- exfiltrate or redistribute donor or member lists;
- attempt to bypass authentication, tenant isolation, or rate limits;
- interfere with the security or integrity of the Services;
- reverse engineer the Services except to the extent expressly permitted by law.
Violations may result in immediate termination and, where appropriate, referral to law enforcement.
7. Content
7.1 Masjids retain ownership of content they publish through the Services (logos, program descriptions, giving-page text, etc.).
7.2 Donors grant Fikra LLC and the relevant Masjid a limited license to process the information provided with a donation solely to complete, record, receipt, and report that donation.
8. Intellectual Property
The Masjid Fikra platform, including its software, designs, and brand, is owned by Fikra LLC. You receive no rights in our intellectual property beyond what is necessary to use the Services as intended.
9. Disclaimers and Limitation of Liability
9.1 The Services are provided "AS-IS" and "as available" without warranties of any kind, express or implied.
9.2 To the maximum extent permitted by law, Fikra LLC will not be liable for indirect, consequential, incidental, special, or punitive damages, or for lost profits or lost data.
9.3 Fikra LLC's aggregate liability to any individual user of the public Services is limited to one hundred US dollars (USD $100). For Masjid subscribers, liability is further governed by the Platform Subscription Agreement.
10. Indemnification
You will indemnify and hold Fikra LLC harmless from claims arising out of your misuse of the Services, your violation of these Terms, or your violation of any law or third-party right.
11. Changes to These Terms
We may update these Terms from time to time. For material changes we will give 30 days' notice by posting an updated version on the site and, where reasonably practical, emailing account holders. Continued use after the effective date constitutes acceptance.
12. Governing Law and Disputes
These Terms are governed by the laws of the State of Nevada. Disputes will be resolved by binding arbitration administered by JAMS in Clark County, Nevada, except that either party may seek injunctive relief in court for intellectual-property or confidentiality claims.
13. Contact
Questions or notices: [email protected] (or [email protected] once established).