Terms of Use

TERMS OF SERVICE

GiveSendGo, LLC.

Effective Date: Mar 16, 2025

DEFINITIONS

Campaign: A fundraising page on GiveSendGo.com

Campaign Owner: A person that creates a campaign on GiveSendGo.com to receive donations and prayer messages. Campaign owners have access to prayer messages sent to their campaign page. A Campaign Owner may create a campaign on behalf of another person or organization, but funds will only be disbursed to the verified Recipient upon successful completion of GiveSendGo’s compliance process.

Contributions: Are donations to individuals, for-profit or non-profit organizations, or are payments to political candidates or committees. Contributions are voluntary and do not constitute a purchase of goods or services. Contributions are non-refundable except as provided in these Terms.

Giver: An individual or organization that submits a financial donation to a campaign on GiveSendGo.

GiveSendGo Giver Army members: GiveSendGo Givers that have agreed to give a monthly recurring contribution to a GiveSendGo Charity category of their choosing via GiveSendGo.com

GiveSendGo Charities: is a registered 501c3 non profit organization that utilizes GiveSendGo.com for fundraising and grant issuing. Contributions to GiveSendGo Charities may be tax-deductible, subject to IRS guidelines. More information about the charity can be found at www.GiveSendGo.org

Prayer: A message that is submitted by a user to a campaign on GiveSendGo.com or to our Prayer wall.

Recipient: The designated person who receives the funds raised from a campaign and has access to Giver donation details and prayer messages sent from visitors to a campaign page.

User: User refers to any individual interacting with GiveSendGo.com, including Givers, Campaign Owners, Recipients, and visitors who engage with the platform with or without creating an account.

Is GiveSendGo Really Free?

Yes, GiveSendGo is really free! We offer a 0% platform fee so that Campaign Owners and Recipients can keep most of their donations. Please note that credit card processing companies will take a processing fee before the money reaches us for disbursement to organizers. Please see our pricing and fees page for more details.

What is our GiveSendGo guarantee?

The GiveSendGo donation guarantee is our guarantee to all Campaign Owners and campaign Givers. We guarantee every donation on our platform will only be directed to the stated Recipient in the campaign. We expect our Givers to give to campaigns they only know and trust. In the rare event that something isn't right with your donation, simply email Support@GiveSendGo.com to start a claim.

Every Contribution on our platform and the corresponding Giver financial information and data is secure and encrypted with AES-256 SSL encryption.

Our GiveSendGo guarantee also informs our decision to review every single campaign with our verification team. Our team of experts verify the authenticity and quality of every fundraiser published on the platform prior to funds disbursement. While GiveSendGo reviews every campaign for compliance, we do not guarantee the legitimacy, truthfulness, or execution of any campaign. Givers are responsible for assessing the credibility of campaigns before contributing with the GiveSendGo guarantee Givers and Campaign Owners can have confidence their efforts are surrounded by the highest integrity technology, policies, and support teams.

What is GiveSendGo.com?

GiveSendGo.com is a 0% platform fee online crowdfunding and charitable donation platform, providing users the ability to fund a variety of user-generated campaigns with designated individuals, businesses, for-profit, non-profit organizations, and United States political candidates receiving the contributions. Standard credit and debit card fees apply. You are agreeing to our Terms and Conditions in order for us to process your contribution and distribute the proceeds to the designated funding destination and/or host your fundraising campaign.

Payments are issued after a bank account is linked via the User Dashboard. GiveSendGo disburses funds to recipients via third-party payment processors, ACH transfers, or other electronic means. By receiving funds through GiveSendGo, recipients authorize GiveSendGo and its banking partners to process and transmit payments on their behalf within 1-2 business days of a request. In the event that fraud or compliance checks are required, additional time may be required. If you have any questions prior to the launch of a fundraiser, please feel free to email Support@GiveSendGo.com.

Prohibited Campaigns

GiveSendGo does not allow campaigns that;

  1. benefit groups that support physical violence of any kind.
  2. Promote or fund abortions
  3. Promote or fund gender reassignment surgeries for minors.
  4. raise funds for illegal activities.
  5. impersonate individuals or organizations.
  6. fail to provide sufficient details or transparency about fund usage.

All campaigns are subject to internal review for compliance, and GiveSendGo reserves the right to cancel or suspend any campaign for any reason.

These Terms of Service (this "Agreement"), are made between you ("you" or "User" ), and GiveSendGo LLC., a Delaware corporation ("we" or "us"), and govern the terms and conditions of your access to and use of our Services (as defined below). However, if you have entered into this Agreement on behalf of an entity, such as a corporation or limited liability company then "you" or "User" refer to the entity, and you represent and warrant that you have power and authority to enter into this Agreement on behalf of the entity.

This Agreement also includes and incorporates by reference any operating rules, policies, price schedules, or other supplemental documents which may be published generally from time to time by us, both prior and subsequent to the effective date of this Agreement.

By registering for and/or using any of the Services, you confirm your acceptance of, and agree to be bound by, this Agreement.

1. Our Services

GiveSendGo LLC owns and operates GiveSendGo.com, which operates with a mission to share hope and support through crowdfunding, inspired by Christian values of compassion and generosity. This guides our policies but does not restrict use by any individual or cause unless it violates these Terms.

GiveSendGo.com provides a quick and easy method for Users to give contributions, or create a social fundraising campaign page to facilitate online payment of lawful Contributions to authorized recipients ("Recipients") globally (the "Services"). We have no control or liability for the acts or omissions of the Recipients of Contributions, or of any other entities or their web sites describing the Services or displaying Contribution pages or other portions of the Services.

GiveSendGo.com also provides a means by which you are able to send Prayers to Campaign owners and Recipients through campaign pages. Prayers are messages from GiveSendGo.com website users. All GiveSendGo users are required to validate their email address prior to prayer messages being sent. Any Prayers messages intended to harass or intimidate the recipient can be cause for permanent disqualification from the use of GiveSendGo.com services.

2. GiveSendGo Responsibilities to Users

In accordance with terms and conditions contained herein, if you are a User, GiveSendGo will perform, and You authorize GiveSendGo to provide as Your agent and on Your behalf, the following services (the Services). GiveSendGo will:

  1. receive and process online Contributions made by individuals or entities (Givers) through the GiveSendGo.com platform;
  2. hold the funds received through the GiveSendGo platform in a non-operating account; Funds contributed through GiveSendGo are held temporarily in a segregated account solely for the purpose of facilitating payment to recipients. GiveSendGo does not act as a custodian or hold funds on behalf of donors or recipients beyond what is necessary for processing payments and ensuring compliance with legal obligations.
  3. remit funds to the designated funding destination by electronic transfer to the bank account provided by the funding destination, or by other means as deemed appropriate by GiveSendGo, less a payment processing fee. In some cases, there may also be a service fee and/or additional processing fees. Fees are outlined in Section 4 of these terms and conditions and are subject to change at any time at the discretion of GiveSendGo.
  4. With all contributions; send reports identifying, where available, the transaction accounting details of the Users that have made Contributions to the Campaign Owner and Recipient along with the amount and date of the contributions, and the name and email address for any user responsible for a single donation to that campaign of $5 or more;
  5. in the event of political election contributions only; send reports identifying, where available, the name, email, address, employment information, answer to FEC disclosures, and transaction accounting details of the Users that have made Contributions to their organizations along with the amount and date of the contributions;
  6. comply with the Privacy Policy set forth at https://www.givesendgo.com/privacy-policy
  7. Electronic communications from GiveSendGo will be sent to Users to inform them of a variety of events that inform them about the state of their fund. You agree to allow GiveSendGo to send these communications to your email address. You also agree that GiveSendGo is not liable for any user generated content that is sent to you as a part of these communications. You agree that you are liable for any communications you send to potential Givers promoting your Campaign. These communications include, but are not limited to, emails sent through the GiveSendGo.com website and communications sent outside of the GiveSendGo system.
  8. GiveSendGo acts as the authorized agent of the recipient for the purpose of receiving and processing contributions on their behalf. A donor's payment to GiveSendGo fulfills the donor's obligation to the recipient, and the recipient agrees that GiveSendGo's receipt of funds on their behalf constitutes receipt by them.
  9. GiveSendGo does not guarantee that Contributions will be accepted by Recipients. While we strive to ensure the successful processing of Contributions, we assume no liability if a Recipient does not claim or utilize funds.

3. User Responsibilities

A. Eligibility

You represent that you are at minimum the age of requirement within the country you reside in. You represent that you have legal power and capacity to form a binding contract and are not barred from receiving the Services under the laws of the United States or other applicable jurisdictions. Eligibility for specific Services is subject to further requirements on various website pages for the Services.

B. Registration and Equipment Obligations

By visiting GiveSendGo.com you are responsible for protecting your equipment (computer, etc.) from any harm resulting from a visit to the website.

You shall provide true, current, and complete information about yourself on our online or offline registration forms, including but not limited to your name, contact information, and payment information (such as the expiration date of any credit or debit card). We also may require further information in order to verify your identity and information, such as confirming your email address, occupation, or employer, to comply with campaign finance disclosure laws, and to provide non-profit organizations with a list of Givers. We reserve the right to verify your information with third parties. If you fail to provide the required information, or we have reasonable grounds to suspect that any such information is not true, current and complete, we may limit, suspend, or terminate your use of any or all portions of the Service.

You are responsible for obtaining at your expense all equipment and third-party services (e.g., Internet access and email service) necessary for you to access and use the Services, and for all related charges resulting from use of the Services. You will immediately notify us of any unauthorized use or other breach of security of the Services.

C. Use of the Services

We may establish or revise from time to time at our discretion general practices and limits (including the Acceptable Use Policy below) concerning your use of the Services. Should your use not comply with such practices and limits, we may at our discretion limit, suspend, or terminate the Services to you, and may contact law enforcement and affected banks, credit and debit card issuers and other third-party payment processors.

We may at our discretion establish or revise limits on the amount of money you can contribute through the Services (in total, to a particular campaign, to a particular funding destination, for a particular time period, and/or otherwise). Some of these limitations may be required by law.

Your Contributions also are limited by the available credit on your credit card or your available account balance on your debit card or bank account, on the date of Contribution and/or processing. You are solely responsible for over-limit fees, overdraft fees, finance charges and the like imposed by your bank or card issuer if your Contribution(s) exceed your available credit limit or account balance.

The full amount of each Contribution that you make using the Services (less any fees charged to you under this Agreement) constitutes a "contribution" to a Recipient that is a political candidate or committee and a "donation" to a Recipient that is a for-profit or non-profit organization, individual, or business. GiveSendGo makes no representation or warranty that any contribution is tax-deductible. You agree to be responsible for the tax reporting and characterization of any contribution by GiveSendGo for your account to any Recipient.

Contributions via the Services will be made in the currency of the Recipients home country.

You do not purchase any goods or receive any services from any Recipient in return for your contribution. In the event the Campaign Owner desires to give goods/services in response to a donation on a GiveSendGo campaign, they must first receive approval from GiveSendGo prior to launching such a campaign.

Contributions made to non-profit and political funding destinations may be used at the discretion of the organization that receives the contributions. Users contributing to political campaigns are responsible for ensuring compliance with all applicable election laws, including contribution limits and disclosure requirements.

In the event that our anti-fraud systems detect behavior which suggests fraudulent use of stolen cards (including "card testing"), we will refund those Contributions without receiving a request from you or the intended recipient and terminate the affected fundraising campaigns, at our discretion. GiveSendGo may require campaign owners and recipients to provide additional verification documents before disbursing funds. Failure to complete verification may result in delays or cancellation of payouts.

Recipients are not required to accept your Contributions through the Services. You agree that we have no liability to you resulting from any Recipient's non-acceptance or refund of any Contribution. While GiveSendGo makes reasonable efforts to ensure that all Contributions are deposited to their intended Recipients, in the event that a recipient fails for one year to request a disbursement from GiveSendGo which includes your contribution or affirmatively refuses a Contribution processed by GiveSendGo, your contribution will be re-designated as follows:

  • A. for nonprofit contributions, the rejected or unclaimed contributions will be re-designated to the registered 501c3 GiveSendGo Charities;
  • B. for all other contributions including peer-to-peer, peer-to-business, and political contributions, the rejected or unclaimed contributions will be re-designated for use at the discretion of GiveSendGo LLC;

You are responsible for all chargebacks, chargeback fee of $15 for each chargeback, refunded or voided Contributions, or other credits or adjustments, fees, interest, penalties or the like in connection with your use of the Services. Contributions may be refunded, voided or adjusted due to, among other things: (a) voiding or adjustment by your bank or card issuer; (b) correction of manifest error; (c) claims made by us or others against you; and/or (d) any actual or proposed Contribution in violation of this Agreement or applicable law. If we pay any claim, chargeback, refunded or voided Contribution that you make against a Recipient, you agree that we assume your rights against the Recipient, and may pursue those rights directly or on your behalf.

If you register to create a Recipient account to receive payments via our application, you expressly authorize any of GiveSendGo or its service providers to originate credit transfers to your financial institution account. You must be at least 18 years old to receive funds. You authorize us to collect and share with our payment service providers with your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data.

As a GiveSendGo user, the online donation page you publish may be publicly available on the internet, for all to see, including search engines like Google and Yahoo. Your activity is public.

As part of the registration process, you agree to provide:

  • Information about yourself that is truthful, current, complete, and accurate; and
  • Update this information so as to maintain its accuracy.

You are solely responsible for maintaining the confidentiality of your password, username and all uses of your Campaign Account regardless of whether you have authorized such uses. You shall not share your account with anyone else. You agree not to use the account, username or password of anyone else. You shall not disclose your password to anyone else.

All of your registration information must be accurate and truthful. You agree to notify GiveSendGo immediately if you discover that your User account has been used without your authorization or there has been any other breach of your User account's security. You also agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity.

D. Refund and Cancellation Policy

Refunds for your base Contribution may only be issued prior to the transfer of funds to the recipient. After transfer occurs, refunds must be secured from the recipient of your Contribution. For all donation types, these transfers can occur as soon as the next day of your donation.

Requests to change the recipient of a base Contribution amount may only be requested prior to the transfer of funds to the recipient. After transfer occurs, the funds cannot be sent to another recipient. For all donation types, these transfers can occur as soon as the next day of your donation.

You may request a full or partial refund on any optional tip that was earmarked for GiveSendGo during your donation checkout for up to 14 days after the donation was made, regardless of if the base donation has been transferred to the recipient or not.

E. Acceptable Use Policy

In connection with your use of any Services, you agree not to, directly or indirectly:

  1. use any Services in any way that would breach this Agreement or would be abusive, harassing, tortious, or otherwise could result in civil or criminal liability or in excessive non-acceptance, refunds and/or chargebacks of Contributions;
  2. violate any applicable law, rule or regulation, including election, campaign finance, and/or tax law, rules or regulations, and/or debit/credit card system or association rules;
  3. send or receive funds obtained by or connected with fraud;
  4. use any Services in connection with unsolicited or unauthorized email or other unethical or illegal methods;
  5. provide false or misleading information or impersonate any person or entity, including, but not limited to, any representative of us or any Recipient, or misrepresent your affiliation with any person or entity;
  6. refuse to reasonably cooperate in any investigation related to the Services;
  7. intercept, monitor, interfere with or disrupt any Services or the servers, networks or communications systems connected to them or any security functionality of us or any third party;
  8. use or introduce any spyware, adware, viruses, trojan horses, worms or similar invasive, destructive or self-replicating code in connection with the Services;
  9. use any automated system, such as "robots" or "spiders," to access our systems or Services significantly faster than a human or to monitor activity on such systems or Services;
  10. create campaigns that are racist, hateful, potentially libelous, benefit groups that support physical violence of any kind, or benefit the perpetrators of violent crimes.

All campaigns are subject to internal review for compliance and GiveSendGo reserves the right to cancel or suspend any campaign for any reason.

If you know that your Campaign is claiming to do the impossible or it's just plain phony, don't post it. You must comply with all applicable laws and regulations in carrying out your Campaign.

F. Privacy and Other Policies

Your use of the Services is subject to our Privacy Policy and other applicable policies, each as established by us from time to time, available at https://www.givesendgo.com/privacy-policy which are incorporated herein by reference. We shall disclose to Recipients and, if required, governmental bodies such information about you as a contributor as must be disclosed by law or as may be necessary in order for Recipients to comply with applicable laws. In many cases of political contributions, such governmental bodies are required to make your information public.

G. Content and Communications

You understand that by using the Services, you may be exposed to content that is inaccurate, offensive or objectionable. The Services, or content or third parties included on the Services, may provide links to other Internet sites or resources. Because we have no control over such content, sites or resources, you acknowledge and agree that we do not endorse and are not responsible or liable for anything on or available via such content, sites or resources. You may communicate directly with persons or entities mentioned on the Services, and you agree that we have no liability or responsibility for such communications. Our platform includes features for users to flag inappropriate content, and this method can and should be used to notify us of any content that needs to be reviewed by our moderators.

H. Documentation and Tax Implications

GiveSendGo does share the Giver's and Prayer's name, email, and donation amount with Campaign owners and Recipients. You will receive an email receipt from GiveSendGo when your credit card is billed which will serve as your only acknowledgement of your contribution. The contribution will appear on your credit card statement as an aggregated transaction with GiveSendGo ("*GiveSendGo"). GiveSendGo makes no representation or warranty that any contribution is tax-deductible. You agree to be responsible for the tax reporting and characterization of any contribution through GiveSendGo from your account to any Recipient.

I. Ownership of Uploaded Content

By uploading images, text, and video to GiveSendGo, you acknowledge that you have the right to do so and that the content uploaded to GiveSendGo does not violate any copyrights of the owner. GiveSendGo reserves the right to remove any content that violates an owner's copyright and ban users from the GiveSendGo platform who repeatedly violate this term.

J. Specificity of Fundraising Commitments

Unless you are an authorized representative of a funding destination, you may not pledge or promise that funds raised through your GiveSendGo campaign will be used for any specific purpose. GiveSendGo reserves the right to remove any campaigns that violate this term. GiveSendGo does not engage in any solicitation activities; such activities are carried out by you on your own initiative.

K. AI Generated Content (MICA)

Content created with My Intelligent Campaign Assistant (Mica) is considered user-generated, and users assume full responsibility for its accuracy, legality, and compliance with these Terms of Service. GiveSendGo is not liable for any damages resulting from the use of Mica or its content.

L. Agent of the Payee Authorization

By creating a campaign on GiveSendGo, you ("Campaign Owner" or "Recipient") expressly authorize GiveSendGo to act as your authorized agent for the limited purpose of receiving and processing contributions made by Givers to your campaign.

You acknowledge and agree that:

i. Payment to GiveSendGo Constitutes Payment to You

When a donor contributes to your campaign, those funds are considered received on your behalf once they are successfully processed by GiveSendGo. The Giver's obligation to you is fully satisfied when GiveSendGo receives the donation, and the Giver has no further claim to those funds.

ii. GiveSendGo Holds Funds as Your Agent

GiveSendGo collects and holds funds for the purpose of disbursing them to you in accordance with our policies. You grant GiveSendGo the authority to initiate transfers and distribute funds to your designated bank account, minus any applicable fees.

iii. Fund Disbursement & ACH Transfers

Upon successful completion of any required verification (such as Know Your Customer (KYC) and Anti-Money Laundering (AML) compliance), GiveSendGo will transfer funds to you. GiveSendGo may use a third-party payment provider (such as Stripe) or an alternative direct ACH transfer method via its banking partners. You acknowledge that disbursements are subject to processing times and that GiveSendGo is not liable for any delays caused by banking institutions or third-party processors.

iv. No Custodial Relationship

GiveSendGo does not act as a bank, money transmitter, or financial institution but rather as your agent to facilitate the receipt and disbursement of funds. Funds held by GiveSendGo are not insured deposits and are not subject to FDIC or similar protections.

v. Compliance with Applicable Laws

You agree to comply with all applicable laws, including but not limited to state and federal anti-money laundering (AML) and counter-terrorism financing (CTF) regulations. GiveSendGo reserves the right to delay or withhold disbursements if legally required or if fraud, misuse, or regulatory violations are suspected.

By using GiveSendGo, you acknowledge and expressly authorize GiveSendGo to act as your agent for receiving and distributing funds related to your campaign.

4. Our Fees ("Fees")

A. Platform Fee

GiveSendGo has a 0% platform fee for all donation campaigns, regardless of destination type.

B. Payment Processing Fees

You agree to pay all payment processing fees for your transactions at the prices set by our payment processor(s) then in use, currently set at 2.7% plus 30 cents per transaction paid for via credit or debit card in the USA, which will be deducted out of your gross donation amount before the net amount is passed onto the recipient. Contributions to campaigns outside the USA, and contribution made outside the USA to campaigns inside the USA are subject to varying payment processing fees and currency conversion rates, which may be determined by our payment processor or financial institution partners. We reserve the right at our sole discretion to set or revise fees from time to time. Contributions to campaigns outside the USA are subject to international pricing. (See pricing and fees page here)

C. Payment Obligations

If you make payment by credit or debit card, and our merchant processor(s) refuses to accept or revoke acceptance (e.g., by chargeback) of your Contributions or other payments, you agree to pay all amounts due upon demand by us. In such event, if any amounts due to us are not paid when due, such amounts shall be subject to a late fee of 1.5% per month or the maximum amount allowed by law on such late amounts, whichever is less, and you also will reimburse us for the reasonable costs of collection, including without limitation reasonable attorneys fees and expenses. Each time you use any Services that result in a contribution to be made, or allow or cause such Services to be used, you agree and reaffirm that we are authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with the Services, and you must refer to such agreement concerning your rights and liabilities as a cardholder.

D. Charge Inquiries

If you have any questions regarding any charges that have been made via the Services, you must contact our service department within 30 days of the charge date, subject to the Refund Policy in section 3.D.

E. Refund Processing

In the event of a refund request, Contributions will be refunded minus the applicable payment processing fees for your jurisdiction.

F. Dispute Fees

If a Contribution is disputed by the Giver, a $15 dispute fee will be charged/removed from the balance owed to the Recipient of a campaign. Campaigns experiencing an unusually high rate of chargebacks may be subject to review, suspension, or additional verification requirements before further disbursements are processed.

G. Fund Management

Funds contributed through GiveSendGo may be temporarily held in a pooled account maintained by GiveSendGo with a licensed financial institution. Any interest earned on these funds is retained by GiveSendGo as a treasury management fee and is not distributed to campaign owners or recipients.

5. Suspension or Termination

A. Our Right to Suspend or Terminate

We reserve the right to suspend or terminate your use of any of the Services (e.g., by not processing pending Contributions) and/or this Agreement without notice at any time and with or without cause. Without limiting the foregoing, we may suspend or terminate your use and/or this Agreement upon any of the following: card expiration, insufficient funds, rejection of any Contribution, payment or card charges, violation of our Acceptable Use Policy or other policies, if your accounts are frozen, if a legal order directs us to suspend or terminate providing the Services to you or otherwise limits or prohibits Contributions by you, or if your financial institution (or its agent or affiliate) seeks return of amounts previously paid to us when we believe you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to us. In cases of account termination, GiveSendGo may, but is not required to, provide notice if legally permitted. Users whose accounts are suspended may contact Support for clarification.

B. Your Right to Terminate

You may terminate your use of the Services and this Agreement at any time, with or without cause, upon written notice.

6. Modifications to this Agreement and/or Services

A. Changes to Terms of Service

We may amend this Agreement at any time by (a) posting revised Terms of Service accessible via websites for the Services, and/or (b) sending information regarding the amendment to your email address of record with us. You are responsible for regularly reviewing such websites to obtain timely notice of such amendments. You shall be deemed to have accepted such amendments by continuing to use any Services after such amendments have been posted or information regarding such amendments has been sent to you. If you do not agree to any of such changes, you may terminate this Agreement and immediately cease all access and use of the Services. You agree that such termination will be your exclusive remedy in such event. If you do not agree to any changes in this Agreement, you may terminate your use of the Services within 10 days of notice without penalty. Continued use beyond this period constitutes acceptance of the revised Terms.

B. Changes to Services

We reserve the right at any time and from time to time to modify or discontinue all or any portion of any Services without notice to you. We shall not be liable to you or any third party should we exercise such rights. We may specify from time to time the version(s) of related products required to use the Services (e.g. browsers, hardware, and operating systems).

7. Disclaimer of Warranties and Limitation of Liability

A. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND NEITHER WE NOR ANY OF THE OWNERS OF SITES THAT LINK TO OR DISPLAY CONTRIBUTION FORMS OR PAGES PROVIDED BY US ("SPONSORS") NOR OUR SUPPLIERS OR AGENTS MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE SAME. WE AND OUR SPONSORS, SUPPLIERS AND AGENTS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, OR SECURITY, AND DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.

B. Limitation of Liability

NEITHER WE NOR ANY OF OUR SPONSORS, SUPPLIERS, OR AGENTS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR LOST REVENUES, PROFITS, OR SAVINGS) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, AND YOU HEREBY RELEASE AND WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF WE OR ANY SUCH SPONSOR, SUPPLIER OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. AS TO SUCH MATTERS, If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states similarly waive their rights under comparable state law.

THE ENTIRE LIABILITY OF US AND OUR SPONSORS, SUPPLIERS, AND AGENTS AND YOUR EXCLUSIVE REMEDY CONCERNING THE USE OF THE SERVICES OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE OUR SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S.$50.00. YOU HEREBY RELEASE US AND EACH OF OUR SPONSORS, SUPPLIERS AND AGENTS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS OVER THIS LIMITATION.

You agree that any claim or cause of action arising out of or related to the use of OUR SERVICES or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

C. Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

8. Our License to You/Rights and Licenses

A. GiveSendGo's Ownership Rights

GiveSendGo LLC and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in GiveSendGo's Products and Services, and all such rights to all derivative works or enhancements of, in and to, or relating to, the GiveSendGo Products and Services. By entering into this Agreement or by Your participation, You will not acquire any intellectual property or similar rights in the GiveSendGo Products and Services other than a limited right to use the Products and Services for Your personal benefit. You agree You will not:

  • Remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the GiveSendGo Products and services
  • Use GiveSendGo's name, logo, trademark, trade names or service marks except as expressly permitted in this Agreement without GiveSendGo's prior written consent.
B. Your Ownership Rights

Subject to the licenses granted in this Agreement, You retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to Your Content that is submitted, posted or displayed by You on or through GiveSendGo.com. By posting or providing Content You grant GiveSendGo an unlimited, worldwide, non-exclusive right and license to use, display, distribute, copy, share, modify and create derivative works of Your content without further compensation or payment. GiveSendGo shall not acquire any right, title or interest in or to such Content, except as provided herein. Any rights not granted by You herein are deemed retained by You. You represent and warrant that your User Content and our use of your User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.

You agree that You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which offer such information:

  • Containing or suggesting an endorsement by GiveSendGo of You or Your Content
  • Relating to this Agreement, without the prior review and written approval of GiveSendGo. Notwithstanding the foregoing, You may accurately disclose and describe Your Participation and Your Content (for example, describing and promoting Your Content on Your blog, social media sites, or in emails).

You understand that all fundraising campaigns, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. As more fully described in ("Termination"), You have the right to terminate this Agreement and revoke certain licenses You are granting in this Agreement, with respect to Content You provide. If You choose to revoke in writing any of Your revocable licenses, GiveSendGo will use commercially reasonable efforts to remove Your Content from the GiveSendGo Site reasonably upon receipt of Your written notice of revocation. You acknowledge that You are aware that GiveSendGo has limited practical ability to control or monitor possible infringement of Your intellectual property rights by other parties and that GiveSendGo assumes no responsibility for controlling or monitoring such intellectual property rights. In addition, GiveSendGo is not responsible for enforcing Your intellectual property or for suing or taking other legal action against infringers. You or a third party licensor, as appropriate, are responsible for protecting Your intellectual property rights.

C. GiveSendGo's Trademark License to You

During the term of this Agreement, and subject to Your compliance with the terms and conditions of this Agreement, You will have the right to use the trade names, trademarks, logos and designations in or associated with GiveSendGo solely for purposes of identifying GiveSendGo and solely in connection with Your permitted activities under this Agreement. You agree that the GiveSendGo Marks and all associated goodwill are and will remain the sole property of GiveSendGo, that any goodwill generated as a result of Your licensed use of GiveSendGo Marks belongs exclusively to GiveSendGo and inures solely to the benefit of GiveSendGo, and that Your use of GiveSendGo Marks is subject to GiveSendGo's control of the quality of any products or services with respect to which You may be authorized to use GiveSendGo Marks.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service subject to your eligibility and your continued compliance with these Terms.

D. Copyright Infringement Claims

If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to GiveSendGo, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), support@givesendgo.com or,

Copyright Agent:

  • GiveSendGo LLC
  • ATTN: GSG Copyright Agent
  • 8 The Green, STE A
  • Dover, DE 19901

Please provide our Agent with the following Notice:

  • Identify the material on GiveSendGo.com that you claim is infringing, with enough detail so that we may locate it on the website
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you declaring under penalty of perjury that:
    • The above information in your Notice is accurate, and
    • That you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner
  • Your address, telephone number, and email address; and
  • Your physical or electronic signature.

If the DMCA notice is properly formed, we will act quickly to take down the complained-about material and request a response from the person responsible for posting it. Please note that sending a false DMCA notice is not only a criminal act, but also enables the victim of the notice to sue you. The contents of GiveSendGo.com, and of all other Websites under GiveSendGo's control, whether partial or otherwise such as text, graphics, images, logos, button icons, sounds, video, software and other GiveSendGo content, are protected under both United States and foreign copyright, trademark and other laws. All GiveSendGo Content is the property of GiveSendGo L.L.C.or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the GiveSendGo website is the exclusive property of GiveSendGo and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the GiveSendGo.com Content may violate these laws, and is strictly prohibited. You may use the Site and its content and materials only for the purposes stated in this Agreement. You may copy such content for your own personal, non-commercial use only, or as otherwise provided herein, provided you do not alter it or remove any copyright, trademark or other proprietary notice.

9. Indemnification

You agree to defend, indemnify and hold harmless us and each of our officers, directors, employees, Sponsors, suppliers and agents from and against any and all losses, liabilities, expenses (including attorneys' fees and costs) and damages arising out of claims based upon or caused by your breach of this Agreement or use of any Services.

You agree to defend, indemnify, and hold harmless GiveSendGo from all claims arising from your violation of applicable laws, including but not limited to election laws, charitable solicitation regulations, and tax laws.

10. Notices; Consent

Notices given by us to you will be given by general posting on our website, or by email, overnight courier, first class or express mail to your address of record at our offices. Notices given by you to us must be given by first class or express mail, certified or registered, postage prepaid and sent to us at GiveSendGo LLC 8 The Green, STE A Dover, DE 19901. All notices shall be effective upon website posting or, if delivered by other means, upon receipt.

11. Arbitration; Waiver of Class Action Rights

A. Agreement to Arbitrate

You hereby agree that any dispute, claim or controversy (other than those for equitable relief or concerning our intellectual property) between you and us arising from this Agreement (each a "Claim") shall be resolved by binding arbitration. Arbitration replaces the right to appear in court, and you also agree to waive any right that you might have to a jury trial or the opportunity to litigate any Claims in court before a judge or jury. Either you or we may require the submission of a Claim to binding arbitration at any reasonable time notwithstanding that a lawsuit or other proceeding has been commenced.

B. Class Action Waiver

Neither you nor we will be entitled to join or consolidate Claims by or against the other in any arbitration, or to include in any arbitration any Claim as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

C. Arbitration Procedures

This section 10 is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (Title 9 of the United States Code, as amended). The party filing a Claim(s) in arbitration must file its Claim(s) before a single arbitrator appointed by the American Arbitration Association ("AAA") under its then-current commercial disputes rules. For any Claim of less than $10,000, we may elect non-appearance-based arbitration through AAA or another mutually-approved arbitration provider, and in such event the arbitration shall be conducted by telephone, video conference, and/or online, and/or be based solely on written submissions of the parties. The arbitrator must be a lawyer actively engaged in the practice of law or a retired judge, and must have relevant expertise.

D. Arbitrator's Authority

The arbitrator shall not have authority to vary the terms or conditions of this Agreement. The arbitrator's award shall be final and binding on the parties, except that either party may seek judicial relief for any alleged failure by the arbitrator to comply with the preceding sentence, and either party may also seek judicial relief to enforce an award if necessary.

E. Self-Help Remedies

This section 10 does not prevent you or us from exercising any lawful rights to other self-help remedies, such as setoff rights.

F. Arbitration Proceedings

You and we each shall take all steps and execute all documents necessary for the implementation of arbitration proceedings. Neither the parties nor the arbitrator may disclose the content or results of any such arbitration, except as required by court order or applicable law, rule or regulation. The parties shall share equally the costs assessed by the AAA or the arbitrator, and other joint costs of the arbitration, but each party shall bear its own attorneys' and experts' fees and other costs incurred that are solely attributable to that party's decisions and actions.

G. Jurisdiction

Subject to the foregoing, you agree that exclusive jurisdiction for any dispute, claim or controversy arising from this Agreement shall be in the federal and state courts located in Delaware, U.S.A.

GOVERNING LAW/FORUM OF DISPUTE

These Terms and Conditions and our provision of services to you shall be governed by the laws state, federal, or otherwise applicable in the State of Delaware, without regard to its conflict of law provisions. You and GiveSendGo agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sussex County, Delaware. You agree that:

  1. The Service shall be deemed solely based in Delaware (where we have our headquarters.)
  2. The Service shall be deemed a passive one that does not give rise to personal jurisdiction over GiveSendGo, either specific or general, in jurisdictions other than Delaware.

Any dispute arising from or relating to these Terms and Conditions or our provision of services to you must be resolved in a court of competent jurisdiction in the State of Delaware.

If you fail to bring a dispute in compliance with these "Forum of Dispute" provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements involved in making such a motion.

GENERAL TERMS

A. Disclaimer

Campaign Owners should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. We merely provide a technology platform to allow Campaign Owners to connect with Givers and Users. Those who access or use the Service do so at their own volition and are entirely responsible for compliance with applicable law.

B. Anti Money Laundering and Terrorist Financing Statement

GiveSendGo is committed to full compliance with all applicable laws and regulations regarding Anti-Money Laundering ("AML"). GiveSendGo's policy is to prevent people engaged in money laundering, fraud, and other financial crimes, including terrorist financing, from using GiveSendGo's services. Our third-party payment processor has robust policies and procedures to detect, prevent and report suspicious activity. To comply with OFAC (Office of Foreign Asset Control) requirements, and global sanctions, they screen customer accounts against government watch lists. In addition, they may request that our users provide them with documentation to help prove their identity or for business verification purposes. They will report suspicious transactions to the financial intelligence unit in the respective country. Please see our GiveSendGo AML/KYC policy here for further information.

C. English Language

In the event of a conflict between these Terms and a foreign language version of our Terms of Use, the English language version of these Terms govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

D. Cooperation with Authorities and Legal Notification

We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.

NOTIFICATION PROCEDURES

You agree GiveSendGo may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website. You may opt out of certain means of notification or to receive certain notifications.

SUBPOENAS

All subpoenas must be properly served on GiveSendGo, preferably by mailing the subpoena to GiveSendGo LLC, our Delaware registered agent. Please find below the Delaware address for GiveSendGo LLC:

  • GiveSendGo LLC
  • ATTN: GSG Subpoena
  • 8 The Green, STE A
  • Dover, DE 19901

If you have a subpoena to serve on GiveSendGo LLC, please note that GiveSendGo does not accept service via e-mail or fax and will not respond to the subpoena.

E. Severability/Entire Agreement

These Terms are the entire agreement between you and GiveSendGo regarding its subject matter. In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it. If two or more provisions are deemed to conflict with each other's operation, GiveSendGo LLC, shall have the sole right to elect which provision remains in force. GiveSendGo's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

F. Contact Us

If you have any questions about these Terms, the practices of this site, or your dealings with this Website or complaints, please contact us at support@givesendgo.com or at address: Attention or Subject Line: Terms of Use/Legal Department.

  • GiveSendGo LLC
  • ATTN: Terms of Use/Legal Department
  • 8 The Green, STE A
  • Dover, DE 19901

G. The laws of the State of Delaware, U.S.A., excluding its conflicts of law rules, govern this Agreement and your use of the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary shall be void. Subject to the preceding sentence, this Agreement benefits and binds the respective successors and assigns of the parties. We at our sole discretion may contract with third parties to process payments and/or provide any other of the Services. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties, understandings or communications between the parties regarding the subject matter herein. There are no third party beneficiaries to this Agreement. Our rights and remedies in this Agreement, at law or in equity, are cumulative and are not intended to be exclusive of one another. Sections 2, 3, 4, 6, 7(A) and (C), and 8 to 10 inclusive of this Agreement shall survive the termination of this Agreement