These Terms of Service (“Terms”) govern your access to and use of the services provided by Givable LLC (“Givable,” “we,” “us,” or “our”) through our software platform, websites, and related services (collectively, the “Services”). By registering an account or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.
1. Definitions
For purposes of these Terms: “Services” refers to the Givable platform, websites, and related offerings; “Organization” or “Licensee” refers to nonprofit users of the Services; “Affiliate” means any entity controlling, controlled by, or under common control with a party; “Content” means any text, images, data, or materials uploaded by users; “Effective Date” is the date of first use or registration; “User” means any individual or entity accessing or using the Services, including Organizations, their staff, and Donors; and “Donor” means any individual making a contribution through the Services.
2. Eligibility, Verification, and Scope
Givable provides donation and fundraising tools exclusively to verified nonprofit organizations based in the United States or Canada, including those classified as 501(c)(3) or equivalent. Organizations and users must comply with all applicable local laws and regulations.
Before an Organization may collect funds through the Services, it must complete Givable’s verification process, which includes confirmation of registered nonprofit or charitable status with the applicable authority (such as the tax authority in the United States or Canada), and completion of the identity and business verification (“KYC”) required by the payment processor used with the account. Organizations must provide accurate verification information and notify Givable if their nonprofit or charitable status changes.
Givable reserves the right to suspend or terminate an Organization’s account if it fails to complete verification, fails to maintain verified nonprofit status, or violates any applicable laws or regulations.
3. License Grant
Givable grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for lawful fundraising purposes in accordance with these Terms. No other rights are granted, and all other rights are expressly reserved by Givable.
4. Registration and Account Management
Organizations must complete a registration process, including creating or connecting a merchant account with a supported third-party payment processor. Organizations may invite additional users to manage their account, and may operate subaccounts for chapters, affiliates, or programs where that feature is enabled. Donors may also create user accounts to access giving history and manage preferences. You agree to provide accurate, current, and complete information and to maintain the security of your account credentials.
5. Fees and Billing
Fees for the Services consist of the following components, as described in the fee schedule published at givable.com/pricing:
- Platform fee. A percentage of each online transaction processed through the Services, at the rate applicable to your plan. This fee is applied at the time of the transaction.
- Plan fee. Certain plans include a recurring monthly fee for the features and infrastructure associated with that plan. Plan fees are billed monthly in advance.
- Usage-based charges. Certain features — including AI usage, email and text messaging, phone numbers, and media storage — include a monthly allowance with each plan. Usage beyond that allowance is billed at the published rates, monthly in arrears.
- Payment processor fees. Fees charged by the payment processor are separate from Givable’s fees and are billed by, or passed through from, that processor. Dispute, chargeback, and refund charges assessed by the processor are the responsibility of the Organization.
Givable does not charge implementation fees and does not require minimum usage. Givable may change its fees on no less than thirty (30) days’ notice to account administrators; continued use of the Services after the effective date of a change constitutes acceptance of the revised fees.
Givable is not a bank, money services business, or payment processor. Payments are processed by a third-party payment processor that performs underwriting, compliance, and transaction processing. Givable does not assume responsibility for the approval, denial, or operation of such services. Use of third-party services is subject to their own terms and policies, and Givable disclaims any liability for actions taken by those providers.
6. Refunds and Chargebacks
Organizations are responsible for issuing refunds to their donors and for resolving disputes and chargebacks, using the tools provided by the Services and their payment processor. Givable does not determine whether a donation should be refunded.
Platform fees, plan fees, and usage-based charges paid to Givable are non-refundable except where required by law. Where a donation is refunded or charged back, any fees assessed by the payment processor remain the responsibility of the Organization.
7. Donor Communications and Data Use
Givable processes donor and supporter information — including name, email address, phone number, and giving details — to enable donation processing, communication, and provision of the Services. Givable sends receipts and other communications, including email and text messages, on behalf of the Organization. We may use anonymized, aggregated data to analyze trends and improve the Services.
Givable does not sell personal information and does not share personal information for cross-context behavioral advertising. Mobile information, including phone numbers and text-message consent, will not be shared with third parties or affiliates for marketing or promotional purposes.
Use of the Services is also governed by Givable’s Privacy Policy, available at givable.com/privacy. Where Givable processes personal data on an Organization’s behalf, Givable acts as a processor (or service provider) and the Organization acts as the controller (or business). Givable will make a Data Processing Addendum available on request, which governs that processing where applicable law requires it.
8. Content Responsibility
Organizations are solely responsible for the content posted on their fundraising and donation pages, including peer-to-peer pages and story updates managed by their users and supporters. Givable reserves the right, but does not assume the obligation, to monitor or remove content that violates these Terms or applicable laws.
9. Content License and Media Releases
By submitting or uploading any Content to the Services, including donation pages, text, images, video, and peer-to-peer or story content, you grant Givable a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display such Content solely for the purpose of providing and improving the Services. You retain all ownership rights in your Content.
You represent and warrant that you own or have obtained all rights, consents, and permissions necessary to upload and publish the Content, including any release required from individuals appearing or identifiable in photographs, video, or written accounts. Where a media release is collected through the Services, the Organization remains responsible for the sufficiency of that release and for honoring any withdrawal of consent.
Givable does not sell, license, or otherwise provide uploaded media to third parties, and does not use it for advertising.
10. Givable AI
Where enabled, Givable AI allows authorized users to ask questions about their Organization’s data and to generate reports and summaries. Access follows each user’s existing roles and permissions, and account administrators may control which users may use AI features and set usage limits.
AI-generated output may be incomplete or inaccurate and is provided for convenience only. You are responsible for reviewing and verifying any output before relying on it, and you must not rely on it as tax, legal, accounting, or financial advice. AI usage is metered and billed as described in Section 5.
11. API Access and Usage Limits
Each plan includes a monthly allowance of calls to Givable’s API. Requests beyond that allowance may be billed at the published rates or rate-limited. Givable may apply rate limits, throttling, or temporary suspension to protect the stability and security of the Services.
You may not use the API to circumvent plan limits, to extract data in bulk in a manner that degrades the Services, or to build a product that replicates the Services. API credentials must be kept confidential and are your responsibility.
12. Acceptable Use
Organizations and Users may not use the Services for any illegal or non-charitable purposes. Prohibited activities include, but are not limited to:
- Using the Services for illegal purposes, such as gambling, money laundering, or fraud.
- Promoting hate speech, discrimination, harassment, or violence.
- Infringing on intellectual property, proprietary, or privacy rights of others.
- Engaging in spamming, phishing, or sending unsolicited communications, including text messages sent without the recipient’s consent.
- Uploading malicious code, viruses, or otherwise interfering with the integrity of the Services.
13. Suspension and Termination
By you. Organizations may stop using the Services and close their account at any time without penalty. Fees already incurred remain payable.
By Givable for cause. Givable may suspend or terminate access to the Services, with or without notice where circumstances require, if these Terms are violated, if verification cannot be completed or maintained, if use of the Services creates legal or security risk, or as required by law or by a payment processor.
Dormant accounts. Givable may close an account that has been dormant for twelve (12) consecutive months. An account is dormant when it has had no administrator activity and has processed no donations during that period. Before closing a dormant account, Givable will provide at least thirty (30) days’ notice to the account’s administrators at the email address on file, and will make the data export described in Section 14 available during that period. Any activity on the account during the notice period ends the dormancy process.
14. Effect of Termination and Data Export
Upon termination or closure of an account for any reason, access to the Services will cease and any active recurring giving schedules will be discontinued. Where recurring giving schedules are affected, Givable will make reasonable efforts to ensure affected donors are notified.
For thirty (30) days following termination, the Organization may request an export of its data, including donor records, giving history, and receipts. After that period, Givable may delete or anonymize the data, except where retention is required to comply with legal, regulatory, or tax obligations, as described in the Privacy Policy.
Termination does not relieve the Organization of its obligation to pay fees incurred before termination.
15. Availability and Uptime
Givable uses commercially reasonable efforts to keep the Services available, but does not guarantee uninterrupted or error-free availability. Service interruptions may occur due to maintenance, updates, third-party providers, or unforeseen issues. Any service level commitment applies only where separately agreed in writing. Givable is not liable for any revenue or data losses resulting from downtime.
16. Service Changes and Early-Access Features
Givable may add, modify, or discontinue features of the Services. Where a change materially reduces core functionality an Organization relies on, Givable will provide reasonable advance notice to account administrators.
Features identified as beta, preview, or early access are provided as is, may change or be withdrawn at any time, and are excluded from any availability or support commitment.
17. Limitation of Liability
To the maximum extent permitted by law, Givable shall not be liable for any indirect, incidental, consequential, or special damages arising from your use of the Services. Our total liability for any claims shall not exceed the total amount of fees paid to us by your organization in the six (6) months preceding the claim.
18. Governing Law and Disputes
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts located in Michigan, unless otherwise required by applicable law based on the organization’s location.
19. Dispute Resolution and Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted in the State of Michigan, in accordance with the rules of the American Arbitration Association. By agreeing to these Terms, you waive your right to bring or participate in any class action or representative proceeding. All disputes must be brought on an individual basis.
20. Intellectual Property
All intellectual property rights in and to the Services, including but not limited to software, trademarks, trade names, logos, and other branding elements, are and shall remain the exclusive property of Givable. No rights or licenses are granted except as expressly set forth in these Terms. Users may not copy, modify, reverse engineer, or create derivative works of the Services.
21. Copyright and IP Infringement Policy
Givable respects the intellectual property rights of others and expects Users to do the same. It is Givable’s policy to respond to clear notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). If you believe content hosted on the Services infringes your intellectual property rights, you may submit a takedown notice to help@givable.com. Givable reserves the right to remove infringing content and terminate the accounts of repeat infringers.
22. Tax and Legal Compliance
Givable does not provide tax, legal, or accounting advice. Organizations and donors are solely responsible for complying with applicable laws and regulations regarding tax-deductibility, receipting, financial reporting, and other obligations. This disclaimer is a material condition of your use of the Services.
23. Force Majeure
Givable shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, labor disputes, Internet or utility failures, denial-of-service attacks, or governmental actions.
24. Indemnification
You agree to indemnify, defend, and hold harmless Givable, its affiliates, service providers, officers, directors, and employees from any claims, liabilities, damages, and expenses (including legal fees) arising out of your use of the Services, violation of these Terms, or infringement of any rights of a third party.
25. Disclaimer of Warranties
The Services are provided ‘as is’ and ‘as available’ without warranties of any kind, either express or implied. Givable does not warrant that the Services will be uninterrupted, error-free, or completely secure.
26. Third-Party Links and Content
The Services may contain links to third-party websites or content. Givable is not responsible for the accuracy, availability, or content of such third-party resources.
27. Survival
Sections related to payment obligations, limitations of liability, disclaimers, indemnification, and dispute resolution shall survive any termination of these Terms.
28. Severability
If any provision of these Terms is found to be unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.
29. No Waiver
Failure by Givable to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
30. Changes to Terms
Givable reserves the right to update or modify these Terms at any time, in its sole discretion. We will provide notice of material changes via the platform or by email to account holders. Your continued use of the Services after any changes indicates your acceptance of the revised Terms. If you do not agree to the amended Terms, you must stop using the Services.
31. Marketing Rights
By using the Services, you grant Givable the right to use your organization’s name and logo in Givable’s marketing materials, including but not limited to the Givable website, presentations, and promotional content, to identify you as a customer. You may revoke this permission by providing written notice to Givable.
32. Contact Information
If you have questions about these Terms, please contact us at help@givable.com.