Nonprofit Terms of Service

We reserve the right to update or change the Terms from time to time (each an “Amendment”). Amendments will only apply prospectively. Amendments will not apply to claims arising before, or arising from facts occurring before, the effective date of such Amendment. Each Amendment, and the new Terms effected thereby, will be effective when published on the Platform and You agree that this method of notice is sufficient and that you will regularly check these Terms for updates or changes.

The Platform, and all content contained therein (including images, designs, text, arrangements of the foregoing), its various features and services, and all underlying software and code are our intellectual property and belong exclusively to us or the third parties from whom we have licensed such content. You understand and agree that your use of the Platform in no way gives you an ownership, right, title, or interest in the Platform or such intellectual property. The Platform and its various component parts are protected by copyright law, trademark law, trade secret law, and other laws germane to the protection of intellectual property rights.

By accessing, using, or registering with the Platform you represent, warrant, and irrevocably covenant that:

• You have the authority to enter into this agreement.
• You are a corporation, trust, unincorporated association, private foundation or other type of organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code.
• Your acceptance and compliance with these Terms and your use of the Platform will not violate your organizational documents (including your certificate of incorporation, bylaws or charter), any agreement to which you are party or any law, regulation or ordinance applicable to you.
• None of the information, data, trademarks, logos or other content provided by you infringes, violates or misappropriates the intellectual property rights of any third party.
• You will at all times provide complete and accurate information to us and you will not misrepresent yourself to the public through your use of the Platform.
• You will never use the Platform, or any services we provide to you, in a manner that violates the law or the legal rights of a third party.
• You are at least 13 years of age if you are using the Platform and have the consent of a parent or legal guardian if you are under 18 years of age.
• You will provide the required information and supporting documentation to confirm eligibility to use our Platform and receive our services.
• You will remain in good standing with the applicable state(s) and IRS and will not violate any applicable state and/or federal law, ordinance or regulation.
• You will only use the Platform and services we provide to process irrevocable Donations that are 100% tax deductible and use the proceeds thereof for fully tax-deductible purposes set forth in applicable IRS regulations, rules and guidelines.

By registering and using the services provided by us, you hereby agree to the following:

• You grant us the right and license to list your name and display your logo, EIN and address on your designated page on the Platform
• You will designate a person from your organization to serve as the administrator and commercial point contact. This person will be responsible for granting access to others and keeping the access control list up to date.
• You are not obligated to utilize the Platform as your exclusive means of processing Donations. This is a non-exclusive agreement.

This Platform is not intended for use by NPOs organized under the laws of countries other than those of the United States of America. You represent, warrant, and irrevocably covenant that you will refrain from making financial transactions through the Platform if you (i) are located in a country embargoed by the United States or (ii) are on the U.S. Treasury Department's list of Specially Designated Nationals. If you choose to use this Platform, you are solely responsible for compliance with all applicable local laws and you consent to having your data transferred, processed, and stored in the United States.

In consideration for payment of the fees provided herein, we shall provide the following services:

• You and your Donors may access and use the Platform to process and report on donations
• We grant you a terminable, non-transferable right and license to display our logos and trademarks on your website and link directly to the Platform for the purpose of facilitating and processing donations to you.
• We will maintain your dedicated giving page on the Platform and list you in our directory.
• We will facilitate Stock donations in one of two ways: 1) transferring shares to your brokerage account (“Stock Transfer”), or 2) transferring shares to an account operated by our 501c3 Donatestock Charitable Inc., before selling the stock upon receipt and sending the proceeds to you via ACH or check (“Cash Distribution”).
• We will facilitate Crypto donations through our 501c3 Donatestock Charitable Inc., where the Crypto will be converted to cash and the proceeds sent to you via ACH or check (“Cash Distribution”).
• We will facilitate DAF Grants by enabling Donors to initiate the process and provide transaction details before being redirected to their DAF website to execute the Grant, with payment being sent directly to you by the DAF sponsor.
• For this agreement, Donations, Grants and Cash Distributions are collectively referred to as “Transactions”. We will inform you of the status of all Transactions and notify you of errors or problems processing Transactions.
• We will provide you with access, via the Platform, to dashboard reporting of activity on your account and the status of all Transfers being processed through use of the Platform.

You hereby acknowledge that:

• The Platform and the services we offer through the Platform are intended to automate and facilitate the submission and processing of Transactions,
• We are not a financial sponsor but rather a facilitator whose responsibilities are (i) to streamline Transactions using the information provided by NPOs and Donors, (ii) to facilitate Cash Distributions to NPOs and (iii) to provide notifications and dashboard reports of donations processed through the Platform.
• Donors’ brokerages, crypto accounts and DAFs will have varying limitations and restrictions that in some instances might delay or prevent transfers or payments.
• We do not provide any assurances that a donation shall qualify as a charitable donation under the Internal Revenue Code.
• We do not provide any legal, tax or accounting advice or make any representations regarding the accuracy or completeness of the information provided by a Donor.

In consideration for the rights, services and licenses provided by us hereunder, you agree to pay a Transaction Fee based on a) our Standard or Premium Pricing Plans (“Fees”) as specified at https://givingiq.com/for-nonprofits/pricing, or b) agreed to in writing by both parties.

• Standard Plans are limited to Transaction Fees based upon the proceeds realized on the sale of the Stock or Crypto (the “Sales Price”) on the date of sale (“Sale Date”).
• Transaction fees for Cash Transfers will be deducted from proceeds to be sent to you.
• Transaction Fees for Stock Transfers and DAF grants will be billed to you and payable upon receipt.
• Cash Distributions will occur after the gifted stock is received and reconciled. The timing for payment depends on the Plan you choose.
• We will provide periodic billing statements detailing each transaction processed and the fee per transaction.
• You may upgrade from the Standard Plan to the Premium Plan with 30 days written notice. You may also downgrade from Premium Plan to the Standard Plan with 30 days written notice.

You hereby accept our (i) Privacy Policy, as in effect from time to time and published on the Platform at givingiq.com or donatestock.com (ii) DMCA Policy, as in effect from time to time and published on the Platform at givingiq.com or donatestock.com and (iii) our Acceptable Usage Policy, as in effect from time to time and published on the Platform at givingiq.com or donatestock.com.

As the provider of the Platform, we reserve the right to discontinue or alter (i) the Platform, in whole or in part, (ii) any features or services provided by or through the Platform, or (iii) your account with the Platform, for any or no reason, without notice to you.

These Terms shall continue for twelve (12) months and auto-renew at each anniversary. Either party may terminate agreement with 30-days written notice. Upon termination of these Terms, all unpaid Fees shall become immediately due and payable. Sections 2 and 7, this Section 10 and Sections 11 through 16 shall survive termination of these Terms.

We disclaim all warranties, express, implied, statutory, or otherwise, concerning the Platform to the fullest extent allowed by applicable law. This waiver includes, but is not limited to, all warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information. We make no warranties concerning continuity of service, the security of the Platform, or that the Platform will be error free. We offer the Platform and the features and services contained therein "AS IS" and "WITH ALL FAULTS."

You are solely responsible for paying all taxes, fees expenses or costs charged by any third party in connection with Donations, including any taxes, fees, expenses or costs charged by a Donor’s brokerage service provider (collectively “Third Party Charges”). You hereby agree to indemnify us, and hold us harmless from, all Third-Party Charges and to promptly pay us or reimburse us for all such Third Party Charges.

Neither we nor our officers, directors, employees and agents, will be liable to you for any special, consequential, indirect, punitive, exemplary or incidental damages (including lost revenues or profits, decline in value or loss of goodwill), regardless of the cause, legal theory, or cause of action, even if we have been advised of the likelihood thereof. Our aggregate liability, together with the liability of our officers, directors, employees and agents, arising out of these Terms and your use of the Platform (when aggregated with all other claims against us arising out of these Terms and your use of the Platform), regardless of the type of claim(s) or the nature of the cause(s) of action, will not exceed the greater of (i) the total Fees relating to all donation transactions you have processed through the Platform during six (6) months period immediately preceding the event giving rise to your claim(s) or (ii) one thousand U.S. Dollars ($1,000). You acknowledge that the foregoing limitations are an essential basis of the bargain we have reached and that they will apply notwithstanding any failure of essential purpose of any limited remedy.

Each party shall defend and indemnify the other party and its affiliated organizations, and its respective directors, officers, employees and agents (collectively, the “Indemnified Parties”) from and against any and all third party claims asserted against any Indemnified Party (including all liability, damages, loss, obligations, costs, charges, fines, fees, penalties, interest and expenses (including reasonable and documented attorney’s fees) asserted by a third party against an Indemnified Party) arising from the indemnifying party’s breach of this Agreement.

You acknowledge that the Platform, the services provided via the Platform and the software we use to provide those services incorporate confidential and proprietary information we developed or acquired or licensed from third parties and that all such materials are our Confidential Information. If either you receive or have access to our Confidential Information or if we receive or have access to your Confidential Information then the party receiving such Confidential Information (the “Receiving Party”) from the other party (the “Disclosing Party”) shall not: (i) reverse engineer such Confidential Information; (ii) use such Confidential Information other than in connection with the performance of its obligations or exercise of its rights hereunder or (iii) disclose or make available such Confidential Information to any of the Receiving Party’s employees, agents, contractors or consultants or to any third parties, except those that have agreed in writing to be bound by terms and conditions substantially similar to, and no less restrictive with respect to limitations on use and disclosure, than those contained in these Terms and each of which have a “need to know” in order to carry out the purposes set forth in these Terms. A Receiving Party shall take all reasonable precautions necessary to safeguard the confidentiality of all Confidential Information disclosed by the Disclosing Party, including those precautions taken by the Receiving Party to protect its own Confidential Information. The term “Confidential Information” means all information which is not generally available to the public or a Disclosing Party’s competitors, which is disclosed in oral, visual or written format (or contained in an item or product) and (A) which, if disclosed in written format, is clearly and visibly marked to indicate its confidential status or if first disclosed in oral or verbal format, is designated at the time of disclosure, as Confidential Information and within 30 days of first disclosure, reduced to writing and delivered to the Receiving Party or (B) which, under the circumstances surrounding disclosure, or the nature of the information disclosed, would reasonably be expected to be confidential; provided that the term “Confidential Information” shall not include information which the Receiving Party can show by reasonable proof (I) to have been known by the Receiving Party prior to the time of disclosure by the Disclosing Party, (II) to have become part of the public domain through no fault or breach of these Terms by the Receiving Party, (III) to have been disclosed to the Receiving Party in good faith by a third party who is not under any obligation of confidence or secrecy to the Disclosing Party at the time such third party discloses the information to the Receiving Party or (iv) to have been compelled to be produced by a court of competent jurisdiction, provided that the Receiving Party shall first give written notice to the Disclosing Party of any such request or order of the court to give the Disclosing Party an opportunity to contest or limit said request or order of the court.