Quiet pages

MemberCairn Terms of Use

Effective Date: June 7, 2026 Last Updated: July 16, 2026

These Terms of Use (“Terms”) govern your access to and use of the MemberCairn platform, websites, applications, and related services (the “Service”) provided by MemberCairn LLC, an Idaho limited liability company (“MemberCairn,” “we,” “us,” or “our”). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. What MemberCairn Does

MemberCairn provides software that helps volunteer-led organizations — such as Scouting units, clubs, and similar groups (each, an “Organization”) — recruit, onboard, and retain members. The Service includes tools for intake forms, automated email and text-message communications, and related workflows.

MemberCairn provides this software to Organizations. If you are a member, prospective member, parent, or guardian interacting with an Organization through the Service, the Organization — not MemberCairn — decides what information to collect and what communications to send. MemberCairn acts on the Organization’s behalf. Questions about your specific membership or an Organization’s decisions should be directed to that Organization.

2. Eligibility

You must be at least 18 years old to create an account or administer an Organization on the Service. The Service is directed to adults — Organization leaders and parents or guardians — and is not directed to children. If you provide information about a minor (for example, a child you are enrolling), you represent that you are that minor’s parent or legal guardian, or are authorized by the Organization to do so.

Authority to bind the Organization. If you create an account, accept these Terms, or administer an Organization on the Service, you represent and warrant that you are at least 18 years old and that you are authorized to act on behalf of, and to bind, that Organization to these Terms. If you do not have that authority, do not accept these Terms or use the Service’s administrative features. We may rely on your acceptance, and on the account email associated with it, as evidence of that authority.

3. Accounts and Access

Access to administrative features is provided through secure sign-in links sent to your email (“magic links”). You are responsible for maintaining the security of your email account and for activity that occurs under your account. Do not share your sign-in links. Notify us promptly of any unauthorized access.

The Service sends email and SMS text messages on behalf of Organizations.

  • Consent. By providing your phone number or email address, or by opting in through an Organization’s form, you consent to receive communications related to that Organization’s recruiting, onboarding, and membership activities. Message frequency varies.
  • SMS. Message and data rates may apply. Reply STOP to any text message to opt out of further texts; reply HELP for help.
  • Email. Every email includes an unsubscribe link. Unsubscribing stops non-essential email.
  • No purchase or consent as a condition. Consent to receive marketing texts is not a condition of any membership or service.

We honor opt-out requests promptly. Some operational or transactional messages (for example, confirming an action you requested) may still be sent as permitted by law.

5. Acceptable Use

You agree not to:

  • use the Service for any unlawful purpose or in violation of these Terms;
  • upload, send, or process contact information without a lawful basis and any consent required by law;
  • send communications that are harassing, deceptive, or that violate anti-spam or telemarketing laws (including the TCPA and CAN-SPAM Act);
  • attempt to gain unauthorized access to the Service, other accounts, or our systems;
  • interfere with, disrupt, or attempt to compromise the Service, its security, or its underlying infrastructure (restrictions on reverse engineering and competitive use are set out in Section 8); or
  • misrepresent your identity or authority.

We may suspend or terminate access for conduct that violates these Terms or that we reasonably believe creates legal or security risk.

6. Organization Responsibility

Organizations are responsible for the accuracy of the information they collect, for obtaining any consent required to contact their members and prospects, and for the content of communications they direct through the Service. MemberCairn provides the tools; the Organization controls how they are used.

6A. Data Processing; Roles of the Parties

This Section applies to personal information about an Organization’s members, prospects, families, and youth that the Organization submits to, or collects through, the Service (“Organization Personal Data”).

Roles. As between the parties, the Organization is the controller of Organization Personal Data and MemberCairn is the processor (service provider). MemberCairn processes Organization Personal Data only to provide and support the Service and on the Organization’s documented instructions, which these Terms and the Organization’s configuration and use of the Service constitute. MemberCairn does not sell Organization Personal Data and does not use it for its own advertising.

Our commitments. MemberCairn will: (a) process Organization Personal Data only as needed to provide the Service or as required by law; (b) maintain reasonable technical and organizational security measures appropriate to the data; (c) engage subprocessors as described in our Privacy Policy and bind them to confidentiality and data-protection obligations; (d) taking into account the nature of the processing, reasonably assist the Organization in responding to requests from individuals to exercise their rights and in meeting the Organization’s own security and breach-notification obligations to the extent they apply; and (e) on termination, delete or return Organization Personal Data within a reasonable period, except for records we are required to keep by law or the limited audit and opt-out-suppression records described in our Privacy Policy.

Data Processing Addendum. To the extent a data processing agreement is required by applicable law, MemberCairn’s then-current Data Processing Addendum, available at membercairn.com/dpa, is incorporated into these Terms by reference. If there is a conflict between the DPA and these Terms with respect to the processing of Organization Personal Data, the DPA controls.

Our own data. This Section does not apply to information MemberCairn handles as a controller for its own purposes (such as administrator account information, marketing-inquiry information, and usage and technical data), which is governed by our Privacy Policy.

6B. Online Payment Collections

The Service includes an optional feature that lets an Organization collect payments (such as dues and event fees) from its members and families online (“Payment Collections”). Payment Collections are processed by Stripe, and this Section applies if the Organization enables them.

The Organization is the merchant. To enable Payment Collections, the Organization opens its own Stripe account through the Service and accepts Stripe’s applicable terms, including the Stripe Connected Account Agreement, directly with Stripe. The Organization is the merchant of record for every payment its members and families make. Payments settle directly from the payer to the Organization’s Stripe account. MemberCairn never receives, holds, or transmits the Organization’s funds and never initiates movement of money from the Organization’s account.

Service fee. Each online payment carries a service fee, shown to the payer before they pay. Unless the Organization chooses to absorb it for a given collection, the fee is paid by the payer in addition to the Organization’s asking amount, so the Organization receives the amount it set. The service fee covers both Stripe’s payment-processing costs and a MemberCairn platform fee; the platform fee is how MemberCairn funds Payment Collections being available on every plan, including free plans. The current fee schedule, including MemberCairn’s portion, is published in the Service’s payment-setup area and on our website. We may change the fee schedule prospectively with notice to the Organization; changes do not affect payments already made. Payments the Organization records as collected offline, and charges it waives, carry no fee.

Refunds, chargebacks, and disputes. Refunds, chargebacks, disputes, and payout and bank-account management are between the Organization, its payers, and Stripe, and are handled by the Organization in its own Stripe dashboard. The Organization is responsible for its refund practices and for any chargeback or dispute outcomes and associated processor fees. MemberCairn reflects payment status reported by Stripe but is not a party to, and has no liability for, the underlying payment.

Taxes and reporting. The Organization is responsible for its own tax treatment of the amounts it collects. Tax reporting for online payments (such as IRS Form 1099-K, where thresholds are met) is issued by Stripe to the legal entity whose taxpayer information the Organization provides when opening its Stripe account — for many Organizations, a chartering or parent organization. The Organization is responsible for ensuring that entity is aware of and consents to this.

Compliance. The Organization will use Payment Collections only to collect amounts genuinely owed to it by its own members and families, and in compliance with Stripe’s terms and applicable law. MemberCairn may suspend Payment Collections for an Organization where required by Stripe, by law, or to prevent fraud or abuse.

7. Intellectual Property

The Service, including its software, design, and content (excluding data provided by Organizations and users), is owned by MemberCairn and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to use the Service as permitted by these Terms and subject to the restrictions in Section 8. You retain ownership of content you submit; you grant MemberCairn the rights needed to operate the Service and provide it to your Organization.

8. Restrictions on Use; No Reverse Engineering or Competitive Use

The Service is proprietary to MemberCairn and represents substantial investment. The limited right granted in Section 7 is conditioned on the restrictions in this Section. Except to the extent a given restriction is prohibited by applicable law — and then only to that extent — you may not, and may not permit, enable, or assist any third party to:

  • reverse engineer, decompile, disassemble, or otherwise attempt to discover, derive, or reconstruct the source code, object code, underlying ideas, structure, architecture, algorithms, data models, schemas, or prompts of the Service or any part of it;
  • copy, reproduce, or imitate the Service or any portion of it, including its user interface, “look and feel,” workflows, screen and email designs, or the selection, arrangement, and presentation of its features;
  • access or use the Service to build, train, or improve a competing or substantially similar product or service, or for benchmarking, competitive analysis, or to monitor the Service’s availability, performance, or functionality for any competitive purpose;
  • access the Service as, on behalf of, or for the benefit of a competitor of MemberCairn without our prior written consent;
  • scrape, crawl, harvest, or use any robot, spider, or automated means to access, monitor, extract, index, or copy any part of the Service or its data, or frame, mirror, or republish any part of the Service;
  • rent, lease, lend, sell, sublicense, assign, distribute, time-share, or otherwise commercially exploit or make the Service available to any third party, except in connection with your Organization’s authorized use as permitted by these Terms;
  • remove, obscure, or alter any copyright, trademark, or other proprietary-rights notice displayed on or in the Service; or
  • circumvent, disable, or interfere with any license, usage, authentication, security, or rate-limiting control, or use the Service beyond the limits applicable to your account.

These restrictions survive any termination of your access, and MemberCairn reserves all rights not expressly granted. Because money damages may not adequately remedy a breach of this Section, MemberCairn may seek injunctive or other equitable relief, in addition to any other available remedy.

9. Trademarks and No Affiliation

MemberCairn marks. “MemberCairn,” the MemberCairn logo, and our other names, logos, and product names are trademarks of MemberCairn LLC. You may not use them without our prior written permission, except to accurately and fairly refer to the Service.

No affiliation with Organizations’ national or parent bodies. MemberCairn is an independent software provider. We are not affiliated with, endorsed by, sponsored by, or otherwise associated with any Organization’s national council, parent body, or sponsoring organization, and we do not act on their behalf. In particular, MemberCairn is not affiliated with, endorsed by, or sponsored by Scouting America (formerly the Boy Scouts of America), the BSA, or any of its local councils or chartered organizations. Scouting America®, Boy Scouts of America®, Cub Scouts®, the fleur-de-lis, and related names, emblems, rank insignia, and logos are the property of their respective owners. We reference an Organization’s affiliation only to describe the group a user is engaging with.

Organization-provided marks. Any third-party names, emblems, or logos — including any Scouting America or BSA marks — that appear within an Organization’s account or in communications it sends through the Service are uploaded, selected, or provided by that Organization’s own leaders, not by MemberCairn. By providing such a mark, the Organization and the individual providing it represent and warrant that: (a) they are authorized to access and use the mark — for BSA marks, that the individual is a National Council or local-council employee or a registered BSA volunteer entitled to use the asset under Scouting America’s branding and trademark guidelines (currently provided through the Scouting America Brand Center at scouting.webdamdb.com/bp/#/pages/29798); (b) using the mark within the Service to promote the Organization’s own approved programs and activities — for example, in the Organization’s recruiting, onboarding, and member communications — is consistent with those guidelines; and (c) MemberCairn’s use of the mark as directed by the Organization does not infringe any third party’s rights.

MemberCairn does not use these marks for its own commercial or promotional purposes. It renders a mark only within the providing Organization’s own account and outbound communications, at that Organization’s direction, to help the Organization promote its own approved programs — never on MemberCairn’s marketing materials, never on a consumer product, and never to advertise the sale of a product. MemberCairn claims no ownership of these marks and is not responsible for an Organization’s unauthorized use of any mark. If you believe a mark is being used without authorization, see Section 10.

MemberCairn respects the intellectual-property rights of others and expects users and Organizations to do the same. We respond to notices of alleged copyright or trademark infringement that comply with applicable law, including the Digital Millennium Copyright Act (“DMCA”).

Submitting a notice. If you believe content available through the Service infringes a copyright or trademark that you own or are authorized to represent, please send a written notice to our designated agent (below) that includes:

  • a physical or electronic signature of the rights owner or a person authorized to act on their behalf;
  • identification of the copyrighted work or trademark claimed to be infringed (or, if multiple, a representative list);
  • identification of the material claimed to be infringing, with information reasonably sufficient to let us locate it (for example, the Organization, page, or URL where it appears);
  • your name, mailing address, telephone number, and email address;
  • a statement that you have a good-faith belief that the use is not authorized by the rights owner, its agent, or the law; and
  • a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the rights owner.

Designated agent for notice:

MemberCairn LLC Attn: Copyright Agent / DMCA 3822 N Sandpoint Way, Boise, ID 83702 legal@membercairn.com

Counter-notification. If your content was removed or disabled and you believe that was the result of mistake or misidentification, you may send a counter-notification to the same agent containing the information required by 17 U.S.C. § 512(g). We may restore the content as permitted by law.

Repeat infringers. In appropriate circumstances, we will disable or terminate the accounts of users or Organizations who are repeat infringers.

Because much of the content in the Service is supplied by Organizations, a notice about a specific Organization’s content may also be directed to that Organization, and we will forward or act on valid notices as appropriate.

11. Third-Party Services

The Service relies on third-party providers (for example, hosting, email-delivery, and SMS providers). Your use may be subject to those providers’ terms. We are not responsible for third-party services we do not control.

12. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MEMBERCAIRN AND ITS MANAGER, MEMBER, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, ARISING FROM OR RELATED TO THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100).

14. Indemnification

You agree to indemnify and hold harmless MemberCairn from claims, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your content, any third-party names, marks, or logos you provide, or your violation of these Terms, any third party’s rights, or applicable law.

15. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms with a new effective date and, where appropriate, provide notice. Continued use after changes take effect constitutes acceptance.

16. Governing Law; Arbitration; Class Waiver

Governing law. These Terms are governed by the laws of the State of Idaho, without regard to conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions below.

Binding arbitration. Except for the Excluded Claims below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator. The arbitration will be seated in Ada County, Idaho, and may proceed by written submissions, telephone, or video where the rules allow. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action and collective waiver. Arbitration and any other proceeding will be conducted only on an individual basis and not as a class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one party’s claims or preside over any form of a representative or class proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, and the rest of this Section remains in effect.

Excluded claims. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect intellectual property or confidential information, as contemplated by Section 8. Seeking such relief is not a waiver of this Section.

30-day right to opt out. You may opt out of this arbitration and class-waiver Section by sending written notice to legal@membercairn.com within 30 days of first accepting these Terms, stating your name, the Organization, and your intent to opt out. If you opt out, disputes will be resolved in the state or federal courts located in Ada County, Idaho, which will have exclusive jurisdiction.

Survival and severability. This Section survives termination. If any part other than the class-waiver is found unenforceable, it will be severed and the remainder will stay in effect.

17. Contact

MemberCairn LLC 3822 N Sandpoint Way, Boise, ID 83702 support@membercairn.com