Terms of Service

Member Splash Terms of Service Last Updated: April 2026

These Terms of Service (“Terms”) govern your use of the Member Splash platform and any associated applications or websites (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization.

1. Term and Renewal

These Terms take effect on the date your organization submits the New Customer Registration Form (“Effective Date”) and remain in effect for one year. After that, your subscription automatically renews annually on the Effective Date unless either party provides written notice of non-renewal at least 30 days before the renewal date.

To cancel, you must submit written notice to Member Splash at least 30 days before your renewal date. Your renewal date is the anniversary of your Effective Date, which is included on your annual invoice and is available by contacting our Support Center. Notice sent to our Support Center via email or support ticket constitutes written notice for this purpose. Verbal notice or requests made outside of these channels do not satisfy this requirement. Cancellations received after the 30-day window will take effect at the end of the following term.

2. Payment and Fees

Your annual subscription fee is due on your Effective Date each year. Fees are non-refundable and non-transferable.

A $50 late fee is applied to unpaid accounts 30 days past their due date, and every 30 days thereafter. Accounts with balances more than 30 days past due are subject to suspension or cancellation.

You are responsible for keeping your billing contact information accurate and up to date. Outdated billing information is not grounds for waiving any late fees.

Member Splash may update pricing with at least 30 days written notice to your account’s designated administrator prior to your renewal date.

If you require a purchase order number, you must provide it at the time of purchase. Purchase order terms that conflict with these Terms do not apply.

3. Your Account

You may designate one or more administrators to manage your account. Administrators can access, monitor, and manage all content and settings within your account. You are responsible for keeping administrator credentials secure and for all activity that occurs under your account.

You are also responsible for ensuring that all users of your account comply with these Terms and our Acceptable Use Policy.

4. Acceptable Use

Your use of the Service must comply with our Acceptable Use Policy, which is incorporated into these Terms by reference. Member Splash reserves the right to suspend or terminate accounts that violate the Acceptable Use Policy.

5. Support

Member Splash is a self-managed platform. Our support team is available to help when features are not working as designed. Standard support hours are noon to 9pm Eastern time, Monday through Friday, excluding holidays. We monitor and respond to priority tickets outside of those hours, particularly during peak periods like Memorial Day Weekend.

6. Your Data

You retain full ownership of your membership data. We will only access your data as necessary to provide the Service, respond to a support request, or as required by law. We will never share your data with third parties except for service providers we use to operate the platform, and only for that purpose.

We retain your data for the duration of your subscription and maintain regular secure backups. If the Service is terminated for any reason, we will retain your data and provide access through the end of your current term.

7. Intellectual Property

Member Splash owns all software and technology included in the Service. You have the right to use the Service and any materials we create for you (such as logos or email templates) for as long as you are an active subscriber in good standing. Those rights end when your subscription ends.

Any suggestions or feedback you provide may be incorporated into the Service without obligation to you. Member Splash may also publish aggregate, anonymized data about how the Service is used across our customer base.

Member Splash may include your organization’s name in our customer list and marketing materials.

8. Third-Party Tools and Integrations

The Service may integrate with or provide access to third-party tools and platforms. Member Splash is not responsible for the performance, availability, or terms of any third-party tools. Your use of those tools is governed by the terms of the respective third parties.

9. Limitation of Liability

Neither party will be liable to the other for indirect, incidental, consequential, punitive, or special damages, including lost profits, lost data, or business interruption, even if advised of the possibility of such damages.

Member Splash’s total liability to you for any claim arising under these Terms will not exceed the total fees you paid to Member Splash in the twelve months prior to the event giving rise to the claim.

10. Indemnification

You agree to indemnify and hold harmless Member Splash, its affiliates, officers, employees, and agents from any claims, losses, or expenses (including reasonable attorney’s fees) arising from your use of the Service in violation of these Terms or our Acceptable Use Policy, or from any data transmitted through your account.

Member Splash will indemnify you against third-party claims alleging that the Service infringes a copyright, trade secret, patent, or trademark, except where the claim arises from your modifications, third-party integrations, or data you provided.

11. Modifications to These Terms

Member Splash may update these Terms from time to time. We will post changes on our website and notify your account’s administrator by email at least 20 business days before changes take effect. Continued use of the Service after that date constitutes acceptance of the updated Terms.

12. Disputes

[FLAGGED FOR LEGAL REVIEW: Current documents conflict — the Terms of Service specifies binding arbitration in California; the Subscriber Agreement specifies courts in Orange County, CA. Recommend confirming with counsel before publishing.]

These Terms are governed by the laws of the State of California.

13. General

These Terms, together with the Acceptable Use Policy, Privacy Policy, and Service Level Agreement, constitute the entire agreement between you and Member Splash regarding the Service.

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force.

Neither party may assign these Terms without the other’s written consent, except in connection with a merger, acquisition, or sale of substantially all assets.

Neither party will be liable for delays or failures caused by circumstances beyond their reasonable control, including natural disasters, government actions, or internet service disruptions.

For questions, contact our Support Center.

Member Splash Privacy Policy Last Updated: April 2026

This Privacy Policy describes how Member Splash collects, uses, and protects information when you use our platform and associated applications (the “Service”). By accessing or using the Service, you agree to this Privacy Policy as well as our Terms of Service and Acceptable Use Policy.

1. Information We Collect

Information you provide directly

When you register for an account, we collect basic information such as your name and email address. You may also optionally provide a photograph or other profile details. Your username, email address, and any optional profile information you choose to add is referred to as your “Profile Information.”

Your use of the Service will also involve uploading or entering content such as phone numbers, street addresses, and photos.

Information collected automatically

When you use the Service, our servers automatically record certain information, including your IP address, browser type, referring and exit pages, pages viewed, date and time of access, and other usage data. This information helps us monitor, maintain, and improve the Service.

Payment information

If you make a payment through Member Splash, all financial information is handled directly by our third-party payment processor. We do not collect or store credit card numbers, bank account numbers, or any other payment credentials.

2. How We Use Your Information

We use the information we collect only to provide and improve the Service. Specifically, we may use your information to:

  • Operate and maintain your account
  • Respond to support requests
  • Monitor for security, fraud, or abuse
  • Analyze aggregate, anonymized usage data to improve the Service
  • Comply with applicable laws and legal obligations

We will never use, share, or sell your email address for marketing or any other purpose outside of providing the Service.

3. How We Share Your Information

We do not sell your data. There are a limited number of circumstances in which your information may be shared:

With service providers

We work with trusted third-party vendors who help us operate the Service, including hosting providers, email delivery platforms, and payment processors. These vendors are permitted to access your information only as necessary to perform the services we have contracted with them to provide, and are required to maintain privacy and security standards at least as protective as this Policy.

With law enforcement or to protect our rights

We may disclose your information in response to a lawful request from public authorities, or when we believe disclosure is reasonably necessary to comply with applicable law, protect the safety of any person, address fraud or security issues, or protect Member Splash’s rights or property.

In connection with a business transfer

If ownership of Member Splash changes, your information may be transferred to the new owner solely for the purpose of continuing to provide the Service. Your information would remain subject to this Privacy Policy until it is updated by the acquiring party with notice to you.

In aggregate, anonymized form

We may share aggregate, non-personally identifiable data about overall Service usage with third parties to help us understand and improve the Service. This data cannot be used to identify you or your organization.

4. Cookies

Member Splash uses cookies on club sites by default only to authenticate user accounts and to link administrative accounts to support tickets in our support platform. On our marketing website, we use Google Analytics to measure traffic and page performance. Individual club sites may use similar analytics tools at the club’s discretion.

5. Data Security

We take the security of your information seriously. All data transmissions are encrypted using industry-standard encryption. We implement physical, technical, and administrative safeguards to protect your information, including regular data backups, firewall protections, and access restrictions on our servers.

No security measures are perfect or impenetrable. While we work hard to protect your data, we cannot guarantee absolute security.

6. Data Retention

We retain your data for the duration of your subscription. In the event your subscription ends, we will retain your data and provide access through the end of your current term in accordance with our Terms of Service.

7. Your Responsibilities

Club administrators are responsible for ensuring their use of member data complies with applicable privacy laws and any confidentiality obligations their organization may have. Member Splash is not responsible for how administrators use or share data within their accounts.

8. Links to Other Websites

The Service may contain links to third-party websites. We are not responsible for the privacy practices or content of those sites. Once you leave the Service, this Privacy Policy no longer applies.

9. Changes to This Policy

If we update this Privacy Policy, we will post the changes on this page and update the “Last Updated” date above. Continued use of the Service after changes are posted constitutes your acceptance of the updated Policy.

10. Contact Us

For questions about this Privacy Policy or any Member Splash terms, please contact our Support Center.

Member Splash Acceptable Use Policy Last Updated: April 2026

This Acceptable Use Policy (“Policy”) governs your use of the Member Splash platform and associated applications (the “Service”). By accessing or using the Service, you agree to this Policy as well as our Terms of Service and Privacy Policy. Member Splash reserves the right to suspend or terminate any account that violates this Policy.

1. Prohibited Data

The Service is not designed or intended for storing sensitive personal or financial information. You may not upload or store any of the following on the platform:

  • Social security numbers
  • Driver’s license numbers or scans
  • Passport numbers
  • Credit card or bank account numbers
  • Any other sensitive financial or government-issued identification data

Member Splash reserves the right to remove any prohibited data from the platform without notice. You agree to indemnify and hold harmless Member Splash from any claims, losses, or expenses arising from your violation of this section.

2. Prohibited Actions

You may not use the Service to:

  • Access or attempt to access non-public areas of the platform or its underlying infrastructure
  • Probe, scan, or test the vulnerability of any system or network, or attempt to circumvent any security or authentication measure
  • Access the Service through any means other than the platform’s supported interfaces, including automated scraping
  • Send requests to our servers at a rate that exceeds what a human user could reasonably generate, or otherwise impose unreasonable load on our infrastructure
  • Interfere with or disrupt the access of any other user, host, or network, including by sending viruses, spam, or other harmful content

3. Prohibited Content

You may not post, upload, or transmit content through the Service that:

  • Violates any applicable law or regulation
  • Infringes any third party’s intellectual property rights or any person’s right of privacy or publicity
  • Is deceptive, fraudulent, defamatory, libelous, threatening, obscene, or pornographic
  • Constitutes hate speech, harassment, or stalking
  • Publishes another person’s private or personally identifiable information without their express authorization
  • Contains viruses, bots, worms, or other harmful code
  • Promotes or advertises products or services other than your own without appropriate authorization
  • Includes any information you do not have the legal right to share

Any child sexual abuse material discovered on the platform will be immediately removed and reported to law enforcement, including the National Center for Missing and Exploited Children.

4. Misuse of the Service

You may not use the Service to carry out, promote, or support:

  • Any unlawful or fraudulent activity
  • Impersonation of another person or entity in a way that is intended to mislead or deceive
  • The sending of unsolicited communications, advertisements, or spam
  • Any activity that disrupts, degrades, or damages the platform or related data

5. Account Security

You are solely responsible for maintaining the confidentiality of your account login credentials. You agree to notify Member Splash promptly if you become aware of any unauthorized access to your account or the Service.

6. Enforcement

Member Splash reserves the right to investigate any suspected violation of this Policy. If a violation is found, we may take any of the following actions without prior notice:

  • Remove or disable access to content that violates this Policy
  • Suspend or terminate the offending account
  • Notify your organization’s administrators of the violation
  • Report the activity to law enforcement where required or appropriate

If you are a user under your organization’s account, Member Splash reserves the right to notify your organization of any violations.

7. Modifications

Member Splash may update this Policy from time to time. Changes will be posted on our website. Continued use of the Service after changes are posted constitutes your acceptance of the updated Policy.

8. Contact Us

 

For questions about this Policy or to report a potential violation, please contact our Support Center.

Member Splash Service Level Agreement Last Updated: April 2026

This Service Level Agreement (“SLA”) is between Member Splash and customers using the Member Splash platform (the “Service”). This SLA is subject to and incorporated into our Terms of Service.

1. Uptime Commitment

Member Splash commits to making the Service available at least 99.95% of the time in any given calendar month (“Uptime Commitment”). This translates to no more than approximately 22 minutes of unplanned downtime per month.

If we fall short of this commitment, you may be eligible for a Service Credit as described in this SLA.

2. Definitions

“Unavailability” means the Service is not running or not reachable due to a cause within Member Splash’s control.

“Scheduled Maintenance” means planned downtime that Member Splash communicates to customers in advance.

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes in a given month during which the Service was Unavailable. Scheduled Maintenance and SLA Exclusions (see Section 5) are not counted toward Unavailability.

“Service Credit” means a dollar-denominated credit applied to your next annual invoice.

3. Service Credits

If the Service fails to meet the Uptime Commitment in a given month, you may be eligible for a Service Credit calculated as follows:

Your annual fee divided by 525,600 (the number of minutes in a year), multiplied by the number of minutes of Unavailability that exceeded the Uptime Commitment.

For example, if your annual fee is $1,200 and the Service was unavailable for 60 minutes beyond the 22-minute threshold, your Service Credit would be approximately $0.14 per minute of excess downtime.

Service Credits will be applied to your next invoice. They are not redeemable for cash, are non-transferable, and may not be applied to another account. Service Credits are your sole and exclusive remedy for any failure by Member Splash to meet the Uptime Commitment.

4. How to Request a Service Credit

To be eligible for a Service Credit, you must submit a support ticket during the outage that includes:

  • The URL of the affected site
  • A description of the service interruption

Credit requests must be submitted on the same day the outage occurs. Requests submitted after that deadline will not be eligible.

Member Splash monitors all customer sites continuously through a third-party monitoring platform. The availability logs from that platform are the authoritative record for determining whether an outage occurred and for how long.

5. SLA Exclusions

The Uptime Commitment does not apply to Unavailability caused by:

  • Scheduled Maintenance communicated in advance
  • A suspension or termination of your account under our Terms of Service
  • Factors outside of Member Splash’s reasonable control, including force majeure events, internet service provider outages, or loss of connectivity at your location when the Service itself is otherwise running and reachable
  • Actions or inactions by you or any third party
  • Your equipment, software, or other technology not within Member Splash’s direct control

6. Sole Remedy

Except as otherwise provided in the Terms of Service, your sole and exclusive remedy for any failure by Member Splash to meet the Uptime Commitment is the receipt of a Service Credit in accordance with this SLA.

7. Contact Us

 

To report an outage or request a Service Credit, contact our Support Center.

Member Splash Data Security and Confidentiality Last Updated: April 2026

At Member Splash, protecting your data is a core part of how we build and operate our platform. This page explains the technical and organizational measures we have in place to keep your information secure.

Our guiding principle is straightforward: we avoid collecting or storing sensitive personal data in the first place. The best protection against a data breach is not having the data to steal.

1. What We Don’t Store

Member Splash does not collect or store:

  • Credit card or bank account numbers
  • Social security numbers
  • Driver’s license numbers or scans
  • Passport numbers or other government-issued identification

All payment transactions are processed directly through our third-party payment processor, ECRYPT (Preferred Payments). Our system records only payment confirmations — your financial data never passes through or resides on our servers.

2. Our Infrastructure

Member Splash runs on a secure cloud infrastructure built on Digital Ocean and protected by Cloudflare.

Digital Ocean Our platform is hosted on Digital Ocean’s virtual private servers, which provide isolated, dedicated computing environments for each application. Digital Ocean maintains SOC 2 Type II certified data centers with physical security controls, redundant power, and climate management. We monitor our servers around the clock and perform regular backups to protect against data loss.

Cloudflare All traffic to and from Member Splash sites is routed through Cloudflare, which provides multiple layers of protection including:

  • DDoS mitigation to protect against large-scale traffic attacks
  • Web application firewall (WAF) to block malicious requests before they reach our servers
  • SSL/TLS encryption for all data in transit between your browser and our platform
  • Bot management to filter out automated threats
  • Global content delivery to improve performance and availability for clubs across the country

Together, Digital Ocean and Cloudflare give Member Splash an enterprise-grade security posture without exposing your data to unnecessary risk.

3. Additional Security Measures

Encrypted passwords Account passwords are one-way encrypted. This means no one at Member Splash — including our technical team — can view or recover your password. If you forget your password, we generate a new temporary one to restore your access.

SSH key authentication Our developers connect to servers using unique encrypted SSH keys rather than passwords. This ensures that only authorized personnel with verified credentials can access our infrastructure.

IP allowlisting Server access is restricted to a pre-approved list of IP addresses. Any connection attempt from an unrecognized location is automatically blocked.

Country-level firewall blocking Because the majority of malicious traffic originates outside the United States, we employ firewall rules that block most non-U.S.-based connections by default. If you or your members are traveling internationally and experience access issues, our support team can assist.

Login monitoring and brute force protection Our platform detects and blocks brute force login attempts, where automated systems try large numbers of username and password combinations in rapid succession. Suspicious login patterns are flagged and blocked automatically.

4. Your Data Belongs to You

Member Splash will never access, use, or share your membership data except as necessary to provide the Service, respond to a support request, or comply with a legal obligation. We do not sell your data or use it for any purpose outside of operating the platform on your behalf.

For a full description of how we handle your data, please review our Privacy Policy.

5. Reporting a Security Concern

If you believe you have identified a security vulnerability or have concerns about the security of your data, please contact our Support Center immediately. We take all security reports seriously and will respond promptly.