GiveGab's Services Agreement

A.) ACCEPTING THIS SERVICE AGREEMENT

Welcome to GiveGab, Inc.! We are a social fundraising and volunteering platform for nonprofits, volunteers, and donors.

Your use of any of GiveGab's services including Web sites, mobile apps, or software (collectively, the "GiveGab Service") and any information, text, graphics, photos, videos, or other materials uploaded, downloaded or appearing on the GiveGab Service (collectively referred to as "Content") is subject to this Service Agreement (the "Service Agreement") in effect at the time of your use and in perpetuity until you choose to notify us that you'd like to cancel your account and your Organization's account.

This Service Agreement (the "Service Agreement") specifically applies to any organizational entity such as nonprofits, businesses, educational institutions, and governments (collectively referred to as the "Organization") and any user of the system authorized to operate on behalf of that Organization.

  1. Your use of the GiveGab Service is also subject to the Terms and Conditions in effect at the time of your use, which is incorporated herein as though set forth in full. You can review the most current version of the GiveGab Terms and Conditions here.

  2. Your use of the GiveGab Service is also subject to the Privacy Policy in effect at the time of your use, which is incorporated herein as though set forth in full. You can review the most current version of the GiveGab Privacy Policy here.

  3. GiveGab reserves the right to update and change this Service Agreement from time to time with or without notice or acceptance by you. However, changes made to this Service Agreement will not apply to you to the extent that (a) the changes concern matters which are the subject of an actual dispute between you and GiveGab as of the date the changes take effect and (b) GiveGab has actual notice of the dispute as of the date the changes take effect.

  4. You understand that you may only sign up for an account on behalf of the Organization if you have the legal authority to bind to the Organization. You will be required to provide some information about yourself and the Organization when you sign up, including an email address, contact information, your full name, etc ("Content").

  5. You understand that you if you sign up the Organization for fundraising features such as, but no limited to, general donation collection, fundraising campaigns, crowd-funding, and event based fundraising ("Donations"), you will be required to provide additional information for verification of the Organization and its ability to collect Donations, including but not limited to EIN ("Content").

  6. Your use of the GiveGab Service may also be subject to additional terms, conditions, policies and/or agreements applicable to a specific Web site, service, software, service level or version. In the event of any conflict between these Terms and Conditions and such additional terms, conditions, policies and/or agreements, the additional terms, conditions, policies and/or agreements will control. For the avoidance of doubt, if there are terms and conditions in this Service Agreement regarding subjects on which the additional terms, conditions, policies and/or agreements are silent, such silence will not constitute a conflict and the terms and conditions in this Service Agreement will control.

  7. By signifying your acceptance of this Service Agreement or making any use of the GiveGab Service on behalf of the Organization, you signify your irrevocable acceptance of this Service Agreement in effect at the time of your use. If you are an individual acting as a representative of the Organization or other legal entity which wishes to use the GiveGab Service, then you represent and agree that you have the authority to accept this Service Agreement on behalf of the Organization or other legal entity and that all provisions of this Service Agreement will bind that Organization or other legal entity as if it were named in this Service Agreement in place of you.

  8. You agree as a representative of the Organization that the submission of any ideas, suggestions, documents, and/or proposals to GiveGab, Inc. through its suggestion, feedback, help, support or similar pages including but not limited to Facebook, Twitter, or LinkedIn, is at your own risk. GiveGab has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback on behalf of the organization. You hereby grant to GiveGab, Inc. a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.

  9. You agree as a representative of the Organization that this Service Agreement does not create, and shall not be construed to create, a joint venture, partnership, or other formal business relationship between you, the Organization, and GiveGab, Inc. At all times we shall remain independent contractors with respect to one another.

B.) CONTENT AND INTELLECTUAL PROPERTY

  1. You understand that any Content you provide as representation and on behalf of the Organization ("Organization Content") is bound to the Content and Intellectual Property terms outlined in the GiveGab Terms and Conditions here and that your representation of the Organization will bind that Organization to those terms as well.

  2. By using the GiveGab Service, you and the Organization are granting GiveGab a nonexclusive, worldwide, royalty-free, sublicenseable and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform and publicly display the Organization Content on and through the GiveGab Service and on and through services affiliated with GiveGab, regardless of the form of media used or of whether such services now exist or are developed in the future. If you post Organization Content on or through the GiveGab Service, you represent and warrant that you and the Organization have the right to post that Organization Content and to grant the above rights to GiveGab.

  3. GiveGab may preserve the Organization Content and may also disclose such Organization Content, with or without notice to you or the Organization, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms and Conditions; (iii) respond to claims that your Organization Content violates the rights of any third party; or (iv) protect the rights, property, or personal safety of GiveGab, its users and the public.

  4. You understand that posting Organization Content on or through the GiveGab Service is entirely voluntary and will expose your Organization Content to public display in a non-confidential manner. You understand that GiveGab and/or any past, present or future client of GiveGab (each, a "Client") may view your Organization Content and may develop or have developed Content which is identical or similar to yours, may already know of such Content from other sources or may have taken or will take some other action with respect to such Content. Therefore, you represent and agree to all of the following and acknowledge that GiveGab and its Clients are explicitly relying on such representations and agreement with regard to your Organization Content

    1. The Organization Content represents the Organization's own original work and you have all necessary rights to disclose the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed by the Organization Content being viewed and used as described in these Terms and Conditions. Whether privately or publicly posted, all Organization Content provided is the sole responsibility of you and the Organization, the originators. We cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the GiveGab Service or obtained by you through the GiveGab Service is at your own risk.

    2. Your disclosure of the Organization Content does not violate a confidential relationship with any third party, establish a confidential relationship with GiveGab or any of its Clients or obligate GiveGab or any of its Clients to treat your Organization Content (or any related materials) as secret or confidential.

    3. GiveGab and/or any of its Clients may give your Organization Content such consideration as is warranted by their respective judgments. Review of your Organization Content shall not be construed as any recognition of the novelty or originality of the Content. Neither GiveGab nor any of its Clients is obligated to give reasons for making use of or rejecting your Organization Content or to reveal its activities that are related to your Organization Content.

    4. Neither GiveGab nor any of its Clients has any obligation, either express or implied, to make any use of your Organization Content. However, if GiveGab and/or any of its Clients do make use of your Organization Content whether such use is intentional or inadvertent, no compensation will be due to you or anyone else for the use of your Organization Content or the use of any data, ideas, inventions, designs, patterns and/or processes similar to, related to or derived from your Organization Content.

    5. Neither GiveGab nor any of its Clients assumes any obligation with respect to any of your Organization Content except as set forth in our Terms and Conditions and this Services Agreement, unless and until it enters into a separate written contract with you, and then only as expressed in that separate written contract. In the absence of a separate written contract, your rights with regard to GiveGab or any of its Clients' use of your Organization Content shall be as described in our Terms and Conditions and this Services Agreement and as existing under the patent laws of the United States.

    6. If your Organization Content is the subject of a pending or issued patent, you have disclosed or will disclose that fact in connection with posting your Organization Content on or through the GiveGab Service. To the extent you hold a patent in the Organization Content no license under any patent is herein granted. Any license to use patented Organization Content shall be in the form of a separate written contract, in which event your, GiveGab's and/or any of its Clients' respective obligations shall be only those expressed in such separate written contract.

    7. Neither the discussion or negotiations between you, on the one hand, and GiveGab and/or any of its Clients, on the other hand, relating to the possible purchase or license of your Organization Content nor the making of any offer for the purchase or license of your Organization Content shall prejudice GiveGab and/or any of its Clients in any way, or be construed as recognition of the novelty, originality, priority, other rights or value of your Organization Content. Further, GiveGab and/or any of its Clients' consideration, discussions or negotiations with you will not in any way impair GiveGab's and/or any of its Clients' right to contest the validity or infringement of your rights in and to the Organization Content.

    8. You hereby irrevocably release and forever discharge GiveGab and its Clients and their affiliates and subsidiaries (together, the "Released Parties") from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against the Released Parties or their respective successors and assigns with respect to the Organization Content, including without limitation in respect of how the Released Parties, directly or indirectly, use the Organization Content with the sole exception that the foregoing release and discharge does not apply to your right to bring a claim of patent infringement arising from use of your Organization Content.

  5. GiveGab does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content, Organization Content, or communications posted via the GiveGab Service or endorse any opinions expressed via the Services. You understand that by using the GiveGab Service, you and the Organization may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will GiveGab be liable in any way for any Content or Organization Content, including, but not limited to, any errors or omissions in any Content or Organization Content, or any loss or damage of any kind incurred as a result of the use of any Content or Organization Content posted, emailed, transmitted or otherwise made available via the GiveGab Service or broadcast elsewhere.

  6. You and the Organization have the ability to add Organization Content which links out to third-party external websites. You understand that it is your responsibility to ensure the accuracy of these links and ensure they abide by our User Code of Conduct outlined in our Terms and Conditions.

C.) INTERNATIONAL USE

  1. The GiveGab Service is hosted in the United States. As a representative of the Organization, if you use the GiveGab Service from outside of the United States, you acknowledge that you are voluntarily transmitting and transferring information (potentially including personally-identifiable and organizationally-identifiable information) and Organization Content to the United States and agree that GiveGab's receiving, use, storage and sharing of your information and Organization Content is exclusively subject to the laws of the United States, not of the jurisdiction in which you and the Organization are located.

  2. You as a representative of the Organization, will comply with all United States laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you and the Organization are located.

  3. The GiveGab Service's Donation features are intended only for use by nonprofit organizations registered within the United States as a legal 501(c)3 entity. You as a representative of the Organization are responsible for verifying the 501(c)3 status of the Organization.

D.) FEES

  1. The GiveGab Service typically charges transaction fees comprised of a platform fee and a credit card processor fee (the "Transaction Fees") to organizations that have chosen to leverage Donations. Fees are laid out on our pricing page.

  2. The GiveGab Service provides users the option to cover the Transaction Fees associated with a donation, on a per-donation basis. You and the Organization understand that if a donor chooses to cover the Transaction Fees for a donation, the Organization will receive the intended donation amount, meaning the Transaction Fees will be added tothe donor's intended donation, with the total being charged to their credit/debit card. This will result in You and the Organization receiving 100% of the donor's intended donation.

  3. You understand that the Transaction Fees are subject to change at the sole discretion of GiveGab. All previous donations will not be affected by any changes.

  4. In certain circumstances where GiveGab has offered a promotional fee to the Organization, we will communicate any changes to the fee structure to the Organization.

  5. Occasionally, a user or may dispute a credit card charge for a donation through the GiveGab Service. If donations are refunded to the user by GiveGab and GiveGab already disbursed payment to the Organization, GiveGab will invoice the Organization for the chargebacks or refunds, and the Organization expressly agrees that it will be responsible to pay GiveGab, Inc. the full amount of the refunded donation. All issues concerning chargebacks and refunds will be addressed by the applicable payment processor and not GiveGab.

E.) TAXES

  1. You understand as a representative of the Organization, that if a user choses to make a donation to the Organization through the GiveGab Service, the Organization is responsible for communicating the tax language, if any at all, to the user. While the GiveGab Service provides donation history and a complete breakdown of the donation amount as well as the fees and payout to the organization, GiveGab is not responsible for this.

  2. You understand as a representative of the Organization, that the GiveGab Service makes no representations about the nature of any transaction a user makes through the GiveGab Service with the Organization. Specifically we do not make any representation as to whether all or any portion of the user's donations to the Organization, including, if any, processing fees, are tax deductible. GiveGab will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you, the Organization, any GiveGab user, or any beneficiary organization. Users who donate through the GiveGab service are encouraged to consult the Organization they are transacting with and a qualified financial advisor prior to claiming a deduction on their taxes.

F.) MONETARY GIFTS ("DONATING") AND FUNDRAISING

  1. You understand as a representative of the Organization, that if you choose to enable Donations for the Organization, you will be required to provide additional information for verification of the Organization and its 501(c)* status and its ability to collect Donations, including but not limited to EIN ("Content").

  2. You understand as a representative of the Organization, that if you choose to enable Donations for the Organization, you will be required to provide personally identifiable information for underwriting purposes so that our third party payment processor can verify you are a valid representative of that Organization, including but not limited to your full name, your date of birth, and the last 4 of your social security number (US only). You agree to not provide invalid or personally identifiable information for which you are unauthorized.

  3. You understand as a representative of the Organization, that if you choose to enable Donations for the Organization, you will be required to provide bank routing and account number information as well as the Organization representative's name listed on the bank account, in order to be paid out any escrowed Donations. You agree to not provide invalid or bank account information for which you are unauthorized.

  4. Your use of the GiveGab Service is also subject to the terms and conditions of our third party payment processor Stripe and their Stripe Connect Platform Agreement, in effect at the time of your use, which is incorporated herein as though set forth in full. You can review the most current version of the Stripe Connect Platform Agreement here.

  5. You understand as a representative of the Organization, that all donations made via the GiveGab Service will be deemed unrestricted gifts by your Organization, and potentially may not be used for the purpose specified by you or the Organization. GiveGab has no control over how you or the Organization uses funds raised via the GiveGab Service.

  6. You understand as a representative of the Organization, that the amount of the donation to the Organization designated by the user, is charged to their credit card and paid to, and processed by the GiveGab Service and its partner payment processing services less applicable Transaction Fees.

  7. You understand as a representative of the Organization, that a donation payment, once charged to a user's credit card, is final and non-refundable with the exception that they can prove the transaction was made through an unauthorized use of their credit card.

  8. You understand as a representative of the Organization, that each donation is held in a non-operating bank account, by the third party credit card processor (currently Stripe) and that GiveGab does not have custody or control of the donations. These funds are held until such time that the payment processor disburses them to the Organization.

  9. You understand as a representative of the Organization, that the GiveGab Service does not and will not have custody or control of the actual contributions and that all funds are handled by the third party credit card processor (currently Stripe).

  10. You understand that the third party credit card processor (currently Stripe) aggregates all donations made each day and transfers such total to the Organization's bank account at frequencies determined by GiveGab and the organization, as frequent as the next business day.  By default this happens on a 2-3 business day rolling basis but the Organization can request a different frequency.

  11. You understand as a representative of the Organization, that if a user choses to fundraise through the GiveGab Service on behalf of the Organization, all Donations go to the Organization and the user does not receive any monetary portion of that Donation.

  12. You understand as a representative of the Organization, that organizations may set certain fundraising goals. GiveGab, Inc. is not liable if the Organization does not meet its goals. We do not make any guarantees about the success of any fundraising goals.

  13. You understand as a representative of the Organization, that organizations may require their fundraisers to agree to raise a certain amount of money by a certain date. GiveGab, Inc. is not liable if the Organization's fundraisers do not meet their goals within a specific timeframe. We do not make any guarantees about the success of any fundraising goals. Any shortfall between the actual amount raised and the fundraising user is the sole responsibility of the user and the Organization. Any issues, disputes or questions related in any way to a fundraisers' goals, deadlines and/or shortfalls in meeting goals, are between the applicable user and the Organization. The User and Organization all expressly agree that GiveGab shall have no responsibility or liability related in any way to fundraising minimums.

  14. You understand as a representative of the Organization, that you can fully exercise control and approval over the content and volume of any solicitation for donations.

G.) CANCELLATION AND TERMINATION

  1. GiveGab, in its sole discretion and at any time, may discontinue providing the GiveGab Service, or any part thereof, with or without notice. Any termination of the Organization's access to the GiveGab Service under any provision of this Service Agreement or the Terms and Conditions may be effected without prior notice. GiveGab may immediately deactivate or delete yours or the Organization's account, as applicable, and all related information and Content and bar any further access to such information, Content or to the GiveGab Service. GiveGab will not be liable to the Organization, or any third party for any termination of access to the GiveGab Service.

  2. After cancellation or termination of the Organization's account for any reason, the Organization will no longer have access to the Organization's account and all information and Content in the Organization's account that has been stored on the GiveGab Service may be, but is not required to be, deleted by GiveGab. GiveGab will have no liability for information or Content that is deleted due to the cancellation or termination of the Organization's account for any reason.

H.) U.S. GOVERNMENT RESTRICTED RIGHTS

  1. If you are an agency of the United States Government, the GiveGab Service is a "Commercial Item," as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the United States Government (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All unpublished rights are reserved under the copyright laws of the United States. For purpose of any public disclosure provision under any law, it is agreed that the GiveGab Service are trade secrets and proprietary commercial products and not subject to disclosure.

I.) GENERAL TERMS

This Services Agreement will remain in full force and effect while you use the GiveGab Service. Those terms that can continue to operate after you stop using the GiveGab Service (including without limitation your Content license to GiveGab and the General Terms in this Section), will survive after you stop using the GiveGab Service. You agree to indemnify and hold GiveGab, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using the GiveGab Service, (ii) a claim that you, or any third party using your Account Credentials, infringed any intellectual property or other right of any person or organization using the GiveGab Service, or (iii) the violation of these Terms and Conditions by you, or any third party using your Account Credentials.

THE GIVEGAB SERVICE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE GIVEGAB SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE GIVEGAB SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GIVEGAB AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, GIVEGAB AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE GIVEGAB SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GIVEGAB DOES NOT WARRANT THAT THE GIVEGAB SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GIVEGAB SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GIVEGAB OR THE GIVEGAB SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

NEITHER GIVEGAB NOR ITS AFFILIATES WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

This Services Agreement (including any additional terms, conditions, policies and agreements incorporated herein) are the entire agreement between GiveGab and you regarding the GiveGab Service. Any dispute arising from or related to this Services Agreement will be governed by the laws of the State of New York without regard to conflict of law principles. Any such dispute will be resolved through binding arbitration by a single arbitrator pursuant to the American Arbitration Association's rules applicable to commercial disputes. The arbitration will be held in Ithaca, NY. The failure of GiveGab to exercise or enforce any right or provision ofthis Services Agreement shall not constitute a waiver of such right or provision. If any provision ofthis Services Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so thatthis Services Agreement shall otherwise remain in full force and effect and be enforceable. We may revise this Services Agreement from time to time, and the most current version will always be at http://info.givegab.com/givegabs-services-agreement. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your user account. By continuing to access or use the GiveGab Service after those revisions become effective, you agree to be bound by the revised Services Agreement.

Effective 6/24/2011. Last Updated 8/26/2016