Date of Last Revision: May 20, 2024
Subject to these Terms of Service, as amended from time to time (“Terms of Service”), CharitApp Sàrl provides the CharitApp platform to you through its website at www.CharitApp.com and attendant mobile applications (collectively, with any new features and applications, the “Platform”) and the CharitApp Community and related services (collectively, with the Platform, including any new features and applications, the “Services”). If you are an Organizer (as defined below), Beneficiary (as defined below) to a Campaign (as defined below), contributor, or Donor (as defined below) (collectively referred to herein as a “User”) located in Switzerland or anywhere outside of Switzerland, you are contracting with CharitApp Sàrl, – Company Number: CH-660.6.042.023-2, IDE/TVA : CHE-274.455.742, 10 Chemin Rojoux, 1231 Conches, Switzerland.
For purposes of the following Terms of Service, “CharitApp,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting. For the avoidance of doubt, CharitApp Inc. may apply, and exercise our rights under, these Terms of Service on behalf of the party that you are contracting with. Details of your options for contact us can be found at the end of these Terms of Service,
BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS OF SERVICE.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. Where possible we will provide 30 days’ notice of substantive changes to these Terms of Service and, if appropriate, we may inform users of such changes via email or other appropriate means. Changes may be made at short or no notice where a change is required by law. When we make a change, we will post the revised Terms of Service on this page and will indicate the date of such revision.
Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by applicable law, the French language version of these Terms of Service is binding and their translations in other languages are for convenience only; in case of discrepancies between the French version of these Terms of Service and their translations, the French version shall prevail. If you do not wish to accept the new Terms of Service, you should discontinue your use of the Services.
In addition, when using the Services, you will be subject to additional applicable policies including without limitation as set out in, the Privacy Policy.
ACCESS AND USE OF THE SERVICES
The Services Description: The Services are offered as a platform to allow an individual, entity or non-profit organization (the “Organizer”) to post a campaign (“Campaign”) to the Platform to accept monetary donations (“Donations”) from donors (“Donors”) on behalf of the beneficiary of the Campaign (“Beneficiary”).
Payment Processor: CharitApp is not a payment processor and does not hold any funds. Instead, CharitApp uses third-party payment processing partners to process Donations for a Campaign (“Payment Processor”). You acknowledge and agree that the use of Payment Processors is integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of the Services. See the section “Payment Processors “ hereafter and our Privacy Policy for details of the third parties we work and share information with.
Transaction Fee: Although there are no fees to start or maintain a Campaign, please keep in mind that a transaction fee, including credit and debit charges, is deducted from each donation (hereinafter and on the website referred to as “Transaction Fee”). To learn more about the Platform and the applicable Transaction Fee, visit CharitApp Fees.
The Services are Platforms; We are not a Broker, Financial Institution, Creditor or Charity: The Services are administrative platforms only. CharitApp facilitates the Campaign of the Organizers and permits Donors to make donations to these Campaigns. CharitApp is not a broker, agent, financial institution, creditor nor nonprofit corporation.
All third party information and content hosted by us on the Services is for informational purposes only, and CharitApp does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Charities (as defined below), Donations, Donors, or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
CharitApp has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We do not endorse any Campaign, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User or Campaign.
No Solicitation: The Platform is offered to help Organizers raise money. CharitApp merely provides the technology to allow Campaigns to connect with Donors. The existence of the Services is not a solicitation of donations by CharitApp, and CharitApp does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that CharitApp is not responsible for the use of your Donations or the amount of funds raised for the User or Campaign.
Donors: All Donations are at your own risk. When you make a Donation through the Platform, it is your responsibility to understand how your money will be used and to check the Campaign content regularly for any updates. CharitApp is not responsible for promises (as defined below) made Users or Campaigns; such conduct violates these Terms of Service. We do not and cannot verify the information that Users or Campaigns supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Campaign or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds reported to us very seriously. If you have reason to believe that a User or Campaign is not raising or using the funds for their stated purpose, please use the “Report” button on the Campaign to alert our team of this potential issue and we will investigate.
If you are a Donor to a non-profit organization, established as such under the applicable laws of incorporation or trust structure (“Charity”):
A. You are not permitted to impose restrictions on the use of such Donation by the Charity. To the extent that you make a Donation in response to an appeal for a particular program of a Charity, or to the extent that you purport to direct the use of Donations by a Charity, any such directions shall constitute non-binding recommendations only and the Charity shall have full discretion to determine how all Donations will be used.
B. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction. CharitApp makes no representation as to whether all or any portion of your Donations, including, if any, Transaction Fees, are tax deductible or eligible for tax credits or an equivalent redemption. CharitApp will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any User or any Charity.
C. You acknowledge and agree that, in accordance with our Privacy Policy, certain of your personal information will be shared with the Charity to which you make a Donation, including without limitation, as part of a Donor List (as defined below) and may be used by such Charity to issue official Donation receipts (or equivalent document) and in accordance with the Charity’s privacy policy. CharitApp is not responsible, and shall not be liable, for any Charity’s use of any Donor information.
Organizers: You, as an Organizer, represent, warrant, and covenant that: (i) all information you (whether through yourself, an agent or using artificial intelligence) provide in connection with a Campaign or Beneficiary is accurate, complete, and not likely to deceive Users and that you will post updates as needed so that Users understand the use of funds and any other relevant information about your Campaign; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) if you withdraw Donations believed by Donors to be raised on behalf of someone other than you (i.e., the Beneficiary), all Donations will be given to and/or spent on behalf of the Beneficiary; (iv) if you add a Beneficiary through the Services, you relinquish control of the Donations; (v) you will not infringe the rights of others; (vi) you will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to, laws and obligations relating to registration, tax reporting, political contributions, and asset disclosures for your Campaign; (vii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us; and (viii) you will not provide or offer to provide goods or services in exchange for Donations. You authorize CharitApp, and CharitApp reserves the right to provide information relating to your Campaign to Donors, Beneficiaries of your Campaign or law enforcement or other regulatory authorities, and to assist in any investigation thereof.
If you use the Services as an agent of a Charity to raise funds for such Charity, you represent and warrant that: (a) you are a representative of the Charity, which representative is authorized to raise funds for the Charity and bind the Charity to these Terms of Service; (b) you are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Campaign, and under no circumstances may you use the funds for any other purpose; (d) your Charity has and will maintain tax-exempt status under applicable law; and (e) your Charity is registered with the appropriate database for designation of tax-exempt organisations in your state or country.
Your Registration Obligations: You may be required to register with CharitApp to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself or your Charity as prompted by the Services’ registration form. Organizers must register using their true identities (or the identities of the Charities’ authorized representatives), including their name, address and any image or video purporting to depict the Organizer or the Beneficiary of such Campaign. You agree to keep registration information current and up to date.
Registration data and certain other information about you are governed by these Terms of Service, including our Privacy Policy. If you are under 13 years of age (16 in the European Economical Area), you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors), with whom CharitApp has entered into contracts, in order to be able to benefit from their services. If CharitApp or one of our Payments Processors at any time discovers that the information you provided about you or the purpose of your Campaign is incorrect or violates any of these Terms of Service or their terms of service, your access to the Services may be immediately suspended and/or terminated and fines may be applied by relevant authorities, which will in all such cases be payable by you.
Charities: The Services include the features and services described here. All Donations are subject to a Transaction Fee for each Donation.
A. Chargebacks and Refunds. Occasionally, a Donor may dispute a credit card charge for a Donation through the Services or submit a request for a refund under the CharitApp Guarantee.
B. Removal of a Charity from our Database. If you are the authorized representative of a Charity, and you do not wish for your Charity to appear in CharitApp’s searchable database, you may contact us here to request that your Charity be removed from our database. Your email should include your full name, title, and an email address and phone number associated with your Charity. Please note that if your Charity is removed from the CharitApp’s database, it will not be eligible to receive contributions through the Platform.
C. Receiving Funds. As a Charity, receipt of Donations, minus any applicable Transaction Fees, is based upon and subject to the applicable Payment Processor’s procedures and terms. Available Payment Processors are described under “Payment Processors for Charities” below. CharitApp is not a payment processor and does not hold funds.
D. Taxes. CharitApp does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).
E. Donor Lists and Other Data. A Charity may access information about an Organizer of a Campaign for the Charity, Donor Lists (defined below) and Donor Data (defined below) for compliance and transactional purposes. Please contact us here with any questions. “Donor Data” means a Donor’s name, email address, Donation amount, date of transaction, transaction identification number, and name of the project. THE LIST OF DONORS WHO CONTRIBUTE TO A CHARITY’S CAMPAIGN THROUGH THE SERVICES (“DONOR LISTS”) IS PROVIDED “AS IS”, AND CHARITAPP MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED THEREIN. Even if a Donor checks the “Anonymous” checkbox at the time of Donation, the Donor consents to the disclosure of Donor’s Donor Data as described herein, including without limitation, disclosure as part of a Donor List.
Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to: (i) immediately notify CharitApp of any unauthorized use of your password or account or any other breach of security; and (ii) sign out from your account at the end of each session when accessing the Services. CharitApp will not be liable for any loss or damage arising from your failure to comply with this section.
reCAPTCHA: The Platform uses the reCAPTCHA product to provide an added level of security. reCAPTCHA is subject to the Google Privacy Policy and Terms of Service.
GoogleMaps: The Platform uses the Google Maps feature and content, which is subject to the then-current versions of the: (i) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (ii) Google Privacy Policy at https://www.google.com/policies/privacy/.
Modifications to the Services: CharitApp reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, , and, to the extent permitted by applicable law, without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom. While CharitApp will endeavor to provide notice of planned modifications or disruptions to the Service, this may not be possible in the case or unplanned outages or legally mandated changes.
Content Manifestly Made Public by the User.
A. Public Content; Public Display of Information and Donations. Some of your activity on and through the Services is public, such as content you post publicly on the Platform (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services, including through CharitApp Clips or other functions on the CharitApp Platform, or share with other Users or recipients) (collectively, “User Content”). Additionally, User profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your User profile may be displayed to other Users to facilitate User interaction within the Services. In addition, as a Donor, you have the option to publicly display your Donation for all to see. To keep the details of your Donation private from the general public, click the “Anonymous” checkbox during the Donation process. However, your information will still be disclosed to the Organizer, their team members, the Beneficiary and otherwise needed in accordance with our Privacy Policy. Please see our Privacy Policy for information on the ways that we may collect, use, and store certain information about you and your use of the Services.
B. Other Information.Please be advised that User Content and other information, solicited or unsolicited, that you provide to CharitApp may be publicly accessible, such as information you post in forums, comment sections or in response to surveys we may send out. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Other Information”). By sending us Other Information: (i) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Other Information; (ii) you acknowledge that we may have something similar to the Other Information already under consideration or in development; (iii) you agree that CharitApp will be entitled to the unrestricted use and dissemination of the Other Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (iv) you represent and warrant that you have all rights necessary to submit the Other Information; (v) to the extent necessary and where permitted by law, you hereby grant to CharitApp a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) 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 Other Information, and to sublicense the foregoing rights; and (vi) unless such a waiver is prohibited by applicable law, you irrevocably waive, and cause to be waived, against CharitApp and its Users any claims and assertions of any moral rights or equivalent contained in such Other Information. This Other Information section shall survive any termination of your account or the Services.
You acknowledge that CharitApp may preserve Other Information, as well as User Content, and may also disclose your Other Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of CharitApp, its Users, employees or the public.
Third-Party Communications: If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a Campaign or a Donation), either by submitting data about the third party (“Third-Party Data”) to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority (including any necessary consents) of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by CharitApp to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to: (i) contact such third party using the Third-Party Data provided; and/or (ii) provide you with an editable template message designed to facilitate communications between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means to “opt out” of receiving further communication of the same nature.
Promotions on the Platform: If you are located in the United Kingdom, you will be permitted to offer give-away incentives (e.g., one sticker, while supplies last, for every donation made) in connection with Your Campaign. Otherwise, You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstakes or similar activity (each, a “Promotion”) on or through the Services.
Sales Prohibited on the Platform: You are not permitted to offer any good or service in exchange for a Donation on the Platform.
Data Retention: You acknowledge that CharitApp has no obligation to you to retain data relating to any account or Campaign after the conclusion of a Campaign. You acknowledge that, subject to any data it may retain for the purpose of complying with legal obligation and or for the purpose of establishing, exercising or defending a legal claims, CharitApp reserves the right to delete historic data or to terminate inactive accounts without notice. CharitApp will attempt to provide Charities with reasonable notice prior to deletion of accounts or data. Where CharitApp has reason to suspect fraud, misuse of the Services, or any breach to these Terms of Service, CharitApp may suspend or delete accounts or associated data of Campaigns at any time with or without notice, and, to the extent permitted by applicable law, without any liability to Users or to any third party for any claims, damages, costs or losses resulting therefrom.
Mobile Services and Text Messages: The CharitApp Services include certain features that may be made available via a mobile device, including the ability to: (i) upload User Content to the Platform; (ii) browse the Platform; and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you about matters related to your account by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
PROHIBITED CONDUCT
You are solely responsible for compliance with all applicable law in relation to your Campaign or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use. You are also responsible for ensuring the funds raised are used for the purpose outlined in the Campaign. If you are not the Beneficiary of the Campaign you organize, you agree to deliver funds to the ultimate Beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.
The following are examples of User Content and/or use that is illegal or prohibited by CharitApp. This list is not exhaustive and we reserve the right to remove any Campaign and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service, or other policies such as the CharitApp Guarantee or Beneficiary Guarantee. As we investigate your Campaign, a User, or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate your account, stop payments to any Campaign, freeze or place a hold on Donations, and report you to law enforcement authorities or otherwise take appropriate legal action, including without limitation, seeking restitution on behalf of ourselves and/or our Users.
Without limiting the foregoing, you agree and represent, warrant and covenant:
A. not to use the Services to raise funds or establish or contribute to any Campaign with the implicit or explicit purpose of promoting or involving:
B. not to use the Services to transmit or otherwise upload any User Content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; or (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
C. not to interfere with or disrupt servers or networks connected to or used to provide the Services or their respective features, or disobey any requirements, procedures, policies or regulations of the networks connected to or used to provide the Services;
D. not to harvest, collect or publish personally identifiable information of others;
E. not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust, UTMA or UGMA account for the sole benefit of the minor;
F. not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party;
G. not to use another User’s account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Campaign through the Services, or post User Content in any inappropriate category or areas on the Services;
H. not to create any liability for CharitApp or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
I. not to gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by any unauthorized or illegal means;
J. not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
K. not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contain advertising, except that using the Services for fundraising activities in accordance with these Terms of Service is expressly permitted;
L. not to transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
M. not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
N. not to attempt to undertake indirectly any of the foregoing.
Additionally, with respect to all Donations you make or accept through the Services, you agree and represent, warrant and covenant:
A. not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;
B. not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC) nor as applicable in your country;
C. to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation, adhering to any security procedures and controls required by CharitApp from time to time;
D. to maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for CharitApp to verify compliance with these Terms of Service and make such records available to CharitApp upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
E. at CharitApp’s request, to cooperate as far as reasonably possible and permitted under applicable law, in the auditing of, investigation of (including without limitation, investigations by CharitApp, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or Campaign or Donation to which, you are connected.
CharitApp reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate these Terms of Service or harm the interests of our Users, business partners, the public, or CharitApp, or that expose you, CharitApp, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our Privacy Policy. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.
DONOR CONDUCT
Donations: In order to contribute to a Campaign or to a Charity, a Donor will be required to provide information regarding the Donor’s credit card or other payment instrument (“Payment Instrument”) that is linked to the Donor’s CharitApp account (a “Billing Account”). You, as a Donor, represent and warrant to CharitApp that such information is true, current and accurate and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded unless CharitApp, in its sole discretion, agrees to issue a refund, for example in accordance with the CharitApp Guarantee. CharitApp uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Campaign, the Donor agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by our payment partners. For a list of our current Payment Processors and links to their terms of service, please see the PAYMENT PROCESSORS section below.
ORGANIZERS, BENEFICIARIES OR CHARITIES
Account Holds: From time to time, CharitApp may in response to concerns of fraudulent or illegal activity or a material breach of these Terms of Service, place a hold on a Campaign account (a “Hold”), restrict Withdrawals (defined herein as the transfer of Funds raised to Beneficiary), initiate a reverse ACH transfer, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but are not limited to, our belief or determination, in our sole and absolute discretion, that: (i) information provided by an Organizer is false, misleading, or fraudulent, or funds are being used in a prohibited manner; (ii) the funds available should be provided directly to a person other than the Organizer, such as a legal beneficiary or person entitled by law to act on behalf of an Organizer; (iii) a Campaign or Organizer has violated these Terms of Service; (iv) the Organizer is colluding with Donors to engage in fraudulent activity; (v) there may be suspicious or fraudulent Donation activity; or (vi) such action(s) is required to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations.
Withdrawing Donations from a Campaign: While CharitApp strives to make Withdrawals available to you promptly but its ability to do so is dependent upon Users providing the right information and upon legal and technical systems operating as intended, you acknowledge and agree that: (i) Withdrawals may not be available to you for use immediately; (ii) CharitApp does not guarantee that Withdrawals will be always available to you within any specific time frame but shall use commercially reasonable efforts to provide Withdrawals as soon as reasonably possible; and (iii) to the extent permitted by applicable law, CharitApp expressly disclaims any and all responsibility for any delay in Withdrawals or your inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. CharitApp will undertake commercially reasonable efforts to provide an indicative timescale for Withdrawal of donations where an immediate Withdrawal is not possible. You, as an Organizer and/or Beneficiary, are responsible for ensuring that the information you provide to CharitApp in order to process a Withdrawal, including bank account information, is accurate and up to date. CharitApp may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Donation(s) with or without consulting with you, which may comprise the entire amount donated to your Campaign. To the extent permitted by applicable law, CharitApp is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by CharitApp issuing refunds, including, but not limited to transaction or overdraft fees.
PAYMENT PROCESSORS
CharitApp uses Payment Processors to process Donations for your Campaign and thereafter deliver it to you. In order to withdraw funds from a Campaign, an Organizer or, if not the same, Beneficiary (collectively “Withdrawing Entity”) will be required to provide the Payment Processor information regarding bank account information (“Withdrawing Account”). You, as Withdrawing Entity, represent and warrant to Payment Processor and CharitApp that such information is true and that you are authorized to use the applicable Withdrawing Account.
By setting up a Campaign or accepting the role of Beneficiary to a Campaign, the Withdrawing Entity agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by the applicable Payment Processors. Our current Payment Processors include: Stripe, Inc. (Stripe’s terms of service) and Stripe, Inc. (Stripe’s terms of service), and Stripe Giving Fund.
Payment Processors for Charities: CharitApp has partnered with Stripe for Donations to Charities.
A. Stripe.
i. Except as noted above, Stripe is the Payment Processor for Campaigns with a Charity identified as a Beneficiary.
ii. In the United States, all Donations made through those Campaigns will be accepted by Stripe Giving Fund, a grant-giving IRS-registered 501(c)(3) public charity. Stripe Giving Fund receives Donations from Users as the charity of record and then, to the extent it is able, grants Funds to the Charity selected by the Organizer and identified in the Campaign. While Stripe Giving Fund takes multiple steps to attempt to grant donated funds according to the Donor’s identified preference, Stripe Giving Fund retains exclusive control over all Donations. If a Charity fails to meet the terms of Stripe Giving Fund’s Nonprofit Certification Policy and/or fails to meet Stripe Giving Fund’s due diligence standards for receipt of a donation at any time, Stripe Giving Fund may reassign the funds in accordance with its policy here. When Stripe Giving Fund receives your Donation, it will forward the Donation to the Charity of your choice, but Stripe Giving Fund will appear on your tax receipt. Donations made through Stripe Giving Fund are governed by the Privacy Policy and User Agreement of Stripe Giving Fund and Stripe.
iii. Stripe Giving Fund has foreign counterparts, which are also registered charities in those countries. For example, if an Organizer in the United Kingdom starts a Campaign for a Charity in the United Kingdom, then Stripe will act as the Payment Processor with Stripe Giving Fund UK receiving the Donations. Thereafter, Stripe Giving Fund UK will grant funds to the Charity identified in the Campaign, to the extent it is able, and it will issue country dependent tax documentation for all Donations received through it.
B. When Stripe processes a Donation through the Services for a Charity, the Donation will go directly from the Donor to the Charity’s merchant account. Donations will appear on the Donor’s credit card statement under the name of the Charity to which the Donor contributed. For more information, see Stripe’s services agreement.
SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROLS
Software (as defined below) available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
APPLE-ENABLED SOFTWARE APPLICATIONS
CharitApp offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
CharitApp and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof. Accordingly, the parties acknowledge and agree that CharitApp enters into this clause (“Apple-Enabled Software Applications”) for its own benefit and on its own behalf and also as an agent for the benefit and on behalf of Apple and its subsidiaries with respect to the exercise and enforcement of all rights, benefits and remedies of Apple and its subsidiaries (but not any obligation or burden) in this clause (“Apple-Enabled Software Applications”) which rights, benefits and remedies shall be enforceable by CharitApp in its own right and also as agent for and on behalf of each of Apple and its subsidiaries. CharitApp may amend, terminate or rescind these Terms of Service without the consent of Apple or any such subsidiary.
INTELLECTUAL PROPERTY RIGHTS AND USE OF ARTIFICIAL INTELLIGENCE
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by CharitApp, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by CharitApp from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of CharitApp, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by CharitApp.
The CharitApp name and logos are trademarks and service marks of CharitApp (collectively the “CharitApp Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to CharitApp. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of CharitApp Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of CharitApp Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will CharitApp be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that CharitApp does not pre-screen User Content, but that CharitApp and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any User Content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
User Content Transmitted Through the Services: With respect to the User Content, you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, and to the extent permitted by law, you hereby grant and will grant CharitApp and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, prepare derivative works, publish and otherwise use your User Content in connection with the operation of the Services, and, with your prior explicit agreement. the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, to the extent permitted by applicable law and for uses made in the context of and for the sole purpose of providing the Services, you hereby release and hold harmless CharitApp and its contractors and employees, from: (i) all claims for invasion of privacy, publicity or libel; (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness; and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. To the extent permitted by applicable law, You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of CharitApp in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or CharitApp’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services. To the extent permitted by applicable law, You irrevocably waive, and cause to be waived, against CharitApp and its Users any claims and assertions of any moral rights contained in such User Content.
To the extent permitted by applicable law, we do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but,except as provided by applicable law, do not have any obligation to: (a) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you where we consider that the Services Content or User Content is illegal, inaccurate, misleading, infringes intellectual property rights or amounts to Prohibited Conduct or a breach of these Terms of Service (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service),; and (b) remove or block any Services Content or User Content from the Services for the same reasons.
Payment Card Industry Data Security Standard: The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit card information. The primary purpose of the standard is to maintain controls around cardholder data to reduce credit card fraud.
Copyright or Trademark Complaints: CharitApp respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify CharitApp of your infringement claim in accordance with the procedure set forth below.
CharitApp will process and investigate notices of alleged infringement and wil