Terms of Service – Israelgives

1 Introduction

1.1 Purpose of the Terms. These Terms of Service apply to the Givingtech Platform, including our website at giving.technology, and any new features and websites we might add. They help define our relationship with you when you use the Platform.

1.2 Acceptance of Terms. By using any of our Services or the Platform, you agree to these Terms of Service. This means you understand and accept all the rules about using our Services. Whether you are contributing to a Fundraiser as a Donor, starting a Fundraiser, using the Platform as a non-profit organization, or otherwise interacting with the Services, these terms apply to you.

1.3 Quick Note on Arbitration. If you're using Givingtech in the US, Israel, Australia, or Canada, any disagreement or legal issue between you and Givingtech will be resolved through binding arbitration, not in court. This means you also waive your right to be part of a class action lawsuit.

2 Definitions

Here are the key terms used throughout these Terms of Service:

2.1 Account. A unique account created by a User to access and use the Services.

2.2 Affiliates. Any entity that directly or indirectly controls, is controlled by, or is under common control with Givingtech. This includes subsidiaries, sister companies, parent companies, and related entities.

2.3 Beneficiary. The individual, group, or entity for whose benefit the Fundraiser is conducted, or the non-profit organization intended to receive the funds donated.

2.4 Listed NPO. Any non-profit organization listed in the Givingtech database of registered charities.

2.5 Profile Page. A profile of a non-profit organization hosted on the Givingtech websites.

2.6 Donor. Any individual or entity that contributes funds to a Fundraiser or to a non-profit organization through the Services.

2.7 Fundraiser. A tool initiated on the Services to raise funds for a specific purpose for a Beneficiary.

2.8 NPO. A non-profit organization established for charitable purposes under applicable laws, eligible to receive donations through the Platform.

2.9 Organizer. An individual or entity (including a non-profit organization) who initiates and manages a Fundraiser on the Platform.

2.10 Platform. The entire suite of online Services provided by Givingtech and its Affiliates, including our website, mobile applications, and related services or technologies.

2.11 Services. The various features, functionalities, and tools provided by Givingtech and its Affiliates through the Platform, enabling Users to create and manage Fundraisers, donate, and manage and engage with donors.

2.12 Services Content. All content and materials provided by Givingtech on the Services, including text, graphics, logos, images, and software, excluding User Content.

2.13 Software. The proprietary software and applications provided and owned by Givingtech that enable users to access and use the Services.

2.14 Third Party Resources. Any websites, Services, content, or resources provided by entities other than Givingtech or its Affiliates, accessible through the Services.

2.15 Transaction Fee. A fee charged by Givingtech or its payment processors for processing donations. To learn more, visit Givingtech pricing.

2.16 Transfers. The process of moving funds raised through the Services to the Beneficiary's bank account.

2.17 User. Any individual or entity that accesses, registers for, or uses the Platform, including Organizers, Donors, and Beneficiaries.

2.18 User Content. Any content, including text, images, videos, and other materials, that a User posts, uploads, submits, or shares with other Users on or through the Services.

2.19 User Conduct. The behaviors and actions of Users while using or accessing the Services.

2.20 Givingtech Knowledge Base. A collection of articles detailing the usage of the Services.

2.21 International Partner. An NPO that serves as a strategic fundraising partner for Givingtech in a particular geographic region.

3 The Services We Provide

3.1 Description of Services. We provide a Platform for individuals, entities, or nonprofits to create Fundraisers to collect donations from Donors for themselves or a third party. We operate under the brand names Giving Technology, Givingtech, and DAFTech, offering donor management, fundraising, and Donor Advised Fund services.

3.2 Our Role and Limitations. Our Services help run Fundraisers and assist non-profits in managing and fundraising from Donors. We do not control or endorse any User, Fundraiser, non-profit, or cause. As a Donor, it's up to you to decide if a cause is worthy of your support.

3.3 Modification, Suspension, or Termination. We may change, pause, or stop some or all of the Services at any time for any reason. We will try to minimize disruptions, but sometimes we may not be able to give advance notice, especially in emergencies or when required by law. We are not responsible for any issues these changes may cause.

4 Account Creation and Eligibility

4.1 What You Need for Registration. When you sign up for our Services, you must provide accurate and complete information about yourself, or your NPO. This includes your real name, address, phone number, and other content. Keep this information up to date to ensure smooth operation.

4.2 Compliance with Third-Party Services. You might need to register with third-parties that we work with, agreeing to their terms. If we or our third-party providers find that the information you provided is inaccurate or violates our Terms of Service, or if you misuse the funds, we may immediately suspend or terminate your access to our Services.

4.3 Age Restrictions. If you are under 16 years old, you cannot use the Platform or Services.

4.4 Keeping Your Account Safe. You are responsible for keeping your password and account information confidential. Do not share your password with anyone. If you think someone else has used your Account without permission, inform us immediately.

4.5 Know-Your-Customer. Users based in Israel, or those creating a Fundraiser, will need to undergo a know-your-customer identification process. This involves providing identifying information and a digital identity validation process.

5 Payment Processors

5.1 GivingTech and Third Party Payment Processors. Payment processing on Givingtech is performed by Stripe and PayPal. Payments made are deposited directly into the account of the recipient Beneficiary.

5.2 Terms. For each Payment Processor's terms of service, please visit their respective websites.

5.3 NPOs — Processing Payments. To process payments, NPOs will connect their Stripe and/or PayPal accounts to the Givingtech platform. All payments will be processed and credited to the NPO through these providers, with tax-receipts issued to donors in the name of the NPOs.

NPOs may also choose to process international payments through Givingtech's International Partners. Payments will flow to, and be receipted by, the international partner. The donation is then the legal property of said International Partner, and it maintains exclusive legal and financial authority over funds donated to it, regardless of the donor's recommendation or allocation.

Receiving donations through international partners requires an onboarding and approval process detailed on the Givingtech websites. If a donation is received by the International Partner or by Givingtech and the NPO does not meet the international partner's eligibility conditions within 180 days, the donation will be re-allocated towards a different social cause.

6 User Responsibilities and Obligations

6.1 Organizers. As an Organizer, you must provide accurate, complete, and clear information about your Fundraiser and your non-profit organization. You are responsible for describing how funds will be used and ensuring they are used for that specific purpose.

(a) You Agree to Cooperate. When using our Services, you agree to cooperate fully with any request for evidence to verify your compliance with these Terms of Service. We reserve the right to refuse, condition, suspend, freeze, or ban any Donations, Accounts, Fundraisers, Transfers, or other transactions that we believe may violate these Terms of Service.

(b) Prohibited Conduct. We do not tolerate any form of verbal violence, abusive language, or threats directed at our staff, users, or any individuals involved with the Platform. Any user engaging in such behavior will be subject to immediate action, which may include suspension or permanent termination of access to the Platform.

6.2 Donors. When you donate money on Givingtech, it's your responsibility to understand how your donation will be used, and you donate at your own risk. We are not responsible for what Organizers or non-profits promise or offer in their Fundraisers, Profile Pages, or solicitations.

(a) Making Donations. When you donate to a Fundraiser or NPO through Givingtech, your payment information must be correct, and you must be authorized to use your payment method.

(b) Recurring Donations. By opting into Recurring Donations, you authorize Givingtech and its third-party providers to charge your designated payment method without further authorization at the frequency you select until you cancel the recurring donation. You may cancel at any time by contacting us or through your account's cancellation feature.

(c) Refunds and Disputes. If you believe an error occurred with your donations, contact us immediately to resolve the issue. Any fraud disputes or chargebacks initiated with your payment provider may be contested by us based on this authorization.

(d) Reporting Concerns. We take reports of fraud or misuse of funds seriously. If you believe a User or Fundraiser is not raising or using funds for their stated purpose, contact us to alert our team, and we will investigate.

(e) No Restrictions When You Donate to NPOs. Reflecting tax law, if you donate to an NPO, you can't decide exactly how your donation is used. The NPO has the final say and can use all donations at their discretion.

(g) We Share Your Information with NPOs You Donate to. We share your personal information with the NPO you donate to, per our Privacy Notice. Givingtech isn't responsible for how the NPO uses your information.

(h) We Will Not Share Your Credit Card Information. Any donation that you make on Givingtech is exclusive to our platform. We will not permit your credit card information to be used by the recipient NPO on any other platform.

6.3 NPOs. If you use the service to fundraise as an agent for an NPO or claim or manage an account for an NPO on our Services, you must be authorized to do so and follow all applicable laws.

(a) Refunds after payouts. If a Donor gets a refund of their donation and the funds have already been transferred to the NPO, the refunded amount will be deducted from future payments to the NPO. In any circumstance, the NPO agrees to pay back the full amount of any refunded donation to Givingtech.

(c) Removing your NPO from Givingtech. If you are an authorized representative of an NPO and want it removed from Givingtech, email us at hello@givingtech.org with your full name, job title, and your NPO's email and ID number.

6.4 Tax Responsibilities. As an Organizer, Beneficiary, or NPO, you are responsible for paying any applicable taxes on the donations you receive. You must calculate, report, and pay the correct amount of tax to the tax authorities.

7 Transfers, Holds & Chargebacks

7.1 Transfers. While we strive to make Transfers available to you promptly, our ability to do so is dependent upon Users providing the right information and upon our technical systems operating as intended. You acknowledge that Transfers may not be available immediately, and we expressly disclaim responsibility for any delay in Transfers.

(a) You must provide accurate info. You are responsible for verifying your personal information and bank account information, and ensuring that information you provide to process a Transfer is accurate and up to date.

(b) Refunds. We may, without notice and in our sole discretion, offer or issue a refund of Donation(s). To the extent permitted by applicable law, we are not liable for any claims, damages, or losses caused by us issuing refunds.

7.2 Transfer Holds. We may, in our sole discretion, place a hold on a Fundraiser, restrict Transfers, initiate a reverse bank Transfer, or take similar actions to protect our Users. Reasons for a Hold may include compliance verification, identification of unacceptable risks, or requirements under court orders or applicable law. Contact us at hello@givingtech.org with any Hold-related questions.

7.3 Payment Processor Chargebacks. Occasionally, a Donor may dispute a credit card charge for a Donation. In situations where the Cardholder is not alleging that a fraudulent donation has been made, the Cardholder should always attempt to resolve the dispute with the Organizer or with us before pursuing a chargeback. We will review each chargeback request to determine whether it is legitimate.

8 Prohibited Fundraisers and User Content

We may remove any User Content — including any Fundraisers — that we determine violates these Terms of Service. If you violate these Terms of Service, we may ban or disable your use of the Services, stop payments to any Fundraiser, freeze or place a hold on donations and Transfers, report you to law enforcement authorities, or take any other appropriate legal action.

You agree that you will not use the Services or Platform to raise funds or establish any Fundraiser for the purposes of promoting or involving:

8.1 The violation of any law, regulation, industry requirement, or third-party guidelines;
8.2 Fundraisers that are fraudulent, misleading, inaccurate, dishonest or impossible;
8.3 Offensive, graphic, perverse or sexual content;
8.4 The funding of a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
8.5 Purchase or use of drugs, narcotics, steroids, controlled substances, or similar products that are either illegal or prohibited at the state or national level;
8.6 Activities involving countries, regions, governments, persons, or entities subject to economic sanctions under applicable law;
8.7 Any attempt to bypass or otherwise circumvent payment processing rules and regulations, or these Terms of Service;
8.8 Any activity in support of terrorism, extremism, hate, violence, harassment, bullying, discrimination, terrorist financing, extremist financing, or money laundering;
8.9 User Content that reflects, incites or promotes bullying, harassment, or intolerance of any kind;
8.10 The legal defense of financial and violent crimes;
8.11 User Content that promotes self-harm or suicide except as permitted by law in a clinical setting;
8.12 Any activity that disguises, conceals, or otherwise obscures the origin of funds;
8.13 Payments for any offer or campaign that is not legitimate and/or clearly lacking a charitable or social purpose.

9 Prohibited Content

You are responsible for ensuring that any and all User Content you submit, post, upload, or otherwise make available does not violate these Terms of Service or any applicable law. We may review any User Content at any time to ensure compliance.

10 Changes to Our Terms of Service

We may revise and update these Terms of Service from time to time at our sole discretion. If we make changes, we will notify you by posting the updated Terms of Service on our Platform and updating the "Last Updated" date. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.

11 Dispute Resolution & Arbitration

11.1 Agreement to Arbitrate. By using the Services, you agree that any disputes or claims between you and Givingtech will be resolved by binding arbitration, rather than in court.

11.2 Class Action Waiver. You and Givingtech agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

11.3 Governing Law and Jurisdiction. These Terms of Service are governed by and construed in accordance with the laws of the State of Delware without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Delaware for any disputes or claims not subject to arbitration.

11.4 Costs. Each party will be responsible for its own costs of arbitration, including attorney's fees, unless the arbitrator determines that such costs should be awarded to the prevailing party under applicable law.

12 Disclaimers and Limitations of Liability

12.1 Disclaimers. The Services are provided on an "as is" and "as available" basis. We disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Services will be uninterrupted, secure, or error-free.

12.2 Limitation of Liability. To the fullest extent permitted by law, Givingtech and its Affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

13 Indemnity

You agree to indemnify, defend, and hold harmless Givingtech and its Affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms of Service.

14 Miscellaneous

14.1 Severability. If any provision of these Terms of Service is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions will remain in force.

14.2 Waiver. No waiver of any term or condition of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term.

14.3 Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Givingtech without restriction.

14.4 Entire Agreement. These Terms of Service constitute the entire agreement between you and Givingtech and govern your use of the Services, superseding any prior agreements.

14.5 Contact Information. If you have any questions about these Terms of Service, please contact us at hello@givingtech.org.

15 Governing Law

These Terms of Service and your use of the Services will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

16 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms of Service or your use of the Services shall be brought exclusively in the courts of the State of Delaware, and you irrevocably consent to the jurisdiction of such courts.

17 Additional Terms

Certain Services we offer may be subject to additional terms and conditions. By using such Services, you agree to comply with any such additional terms and conditions, which are hereby incorporated by reference into these Terms of Service.

18 Third Party Links and Resources

The Services may contain links to third-party websites or resources. We provide these links for your convenience only and do not control or endorse any such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

19 Promotional Offers

We may, from time to time, offer certain promotions, discounts, or special offers to Users. These Promotional Offers may be subject to additional terms and conditions, which will be provided to you at the time of the offer. We reserve the right to modify or cancel Promotional Offers at any time without notice.

20 Fees

20.1 Fees. Givingtech does not charge fees to donors, but rather charges fees to the Beneficiary. This fee may be deducted from the donation sum before its Transfer to the Beneficiary, or charged to the Beneficiary separately. Fees for international Fundraisers and NPOs are listed here.

20.2 Tips. In lieu of us charging the Beneficiary a platform fee, a donor may leave a tip to Givingtech. This tip is either charged to the donor as a separate transaction, or included as part of the donation. The tip is a voluntary contribution to Givingtech to help us operate the platform.

20.3 Fee Changes. Givingtech may update its fees at any time and will provide reasonable notice of any changes. Your continued use of the Services following any fee change constitutes your acceptance of the new fee structure.

21 Data Processing Agreement (DPA)

This Section 21 is a Data Processing Agreement ("DPA") between Givingtech and each nonprofit organization that uses the Services (a "GivingTech Client" for purposes of this DPA, or "Client"). By accepting these Terms of Service, the Client agrees to this DPA on behalf of itself and its affiliates. The DPA forms part of, and is incorporated into, these Terms. In the event of a conflict between this DPA and the rest of the Terms in relation to the processing of Client Personal Data, this DPA controls.

21.1 Applicability

This DPA applies to Givingtech's processing of personal data on behalf of the Client in connection with the Services, to the extent such processing is subject to data protection laws including the EU General Data Protection Regulation (Regulation (EU) 2016/679) ("EU GDPR"), the UK General Data Protection Regulation as retained and amended by the Data Protection Act 2018 ("UK GDPR"), and any other applicable data protection laws (together, "Data Protection Laws"). Capitalized terms such as "controller," "processor," "data subject," "personal data," "processing," and "personal data breach" have the meanings given to them in the Data Protection Laws.

21.2 Roles of the parties

Client as controller; Givingtech as processor. With respect to donor personal data and any other personal data that Client makes available to Givingtech through the Services in the course of soliciting, receiving, or managing donations (together, "Client Personal Data"), the Client is the controller and Givingtech is a processor acting on the Client's behalf. Givingtech will process Client Personal Data only on the Client's documented instructions as set out in these Terms, the Services' functionality as configured by the Client, and any further written instructions the parties agree to.

Givingtech as controller for its own purposes. Separately, Givingtech acts as a controller for personal data it processes for its own purposes, including Client account administration, billing, platform analytics, security and fraud prevention, legal compliance (including KYC/AML), and marketing of Givingtech's own products and services. Such processing is governed by the Givingtech Privacy Policy and is not subject to this DPA.

21.3 Subject matter, duration, nature, and purpose of processing

The parties acknowledge the following particulars of processing under this DPA:

Subject matter: Provision of the Services to the Client.
Duration: The term of the Client's use of the Services, plus any period thereafter during which Givingtech is required or permitted to retain Client Personal Data under these Terms or applicable law.
Nature and purpose: Hosting and operating the donation platform, processing donations and payments (via third-party payment processors), generating receipts and tax documentation, providing analytics and reporting to the Client, and providing support services.
Types of personal data: Donor contact and identification data (name, email, address, phone), donation amounts and history, payment-related identifiers, communications content, and any additional categories the Client chooses to submit through the Services.
Categories of data subjects: Donors, prospective donors, the Client's staff and volunteers, and other individuals whose personal data the Client submits through the Services.

21.4 Givingtech's obligations as processor

In relation to Client Personal Data, Givingtech will:

process Client Personal Data only on the Client's documented instructions, including with regard to transfers to a third country or an international organization, unless required to do otherwise by applicable law (in which case Givingtech will inform the Client of that legal requirement before processing, unless the law prohibits such notice);
ensure that persons authorized to process Client Personal Data are bound by appropriate obligations of confidentiality;
implement and maintain appropriate technical and organizational security measures designed to protect Client Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access, taking into account the state of the art, cost of implementation, and the nature, scope, context, and purposes of processing, as well as the risks to data subjects;
taking into account the nature of the processing, assist the Client by appropriate technical and organizational measures, insofar as this is possible, in fulfilling the Client's obligation to respond to requests from data subjects exercising their rights under Data Protection Laws;
assist the Client in ensuring compliance with obligations pursuant to Articles 32 to 36 of the EU GDPR (security, breach notification, data protection impact assessments, and prior consultation), taking into account the nature of the processing and the information available to Givingtech;
notify the Client without undue delay after becoming aware of a personal data breach affecting Client Personal Data, and provide such information as is reasonably available to Givingtech to enable the Client to meet its own notification obligations;
at the Client's choice, delete or return all Client Personal Data to the Client after the end of the provision of the Services, and delete existing copies, unless applicable law requires continued storage of the personal data; and
make available to the Client all information reasonably necessary to demonstrate compliance with Article 28 of the EU GDPR, and allow for and contribute to audits, including inspections, conducted by the Client or an auditor mandated by the Client, subject to reasonable conditions (including advance notice, confidentiality, and cost-sharing) that the parties will agree in good faith.

21.5 Client's responsibilities

The Client represents, warrants, and agrees that:

it has, and will maintain throughout the term, a valid legal basis under applicable Data Protection Laws for the collection and processing of Client Personal Data, including for the transfer of such data to Givingtech for processing;
it has provided data subjects with all required information and, where applicable, obtained all required consents for Givingtech's processing activities described in this DPA;
its instructions to Givingtech for the processing of Client Personal Data comply with applicable Data Protection Laws;
it is solely responsible for the accuracy, quality, and legality of Client Personal Data and the means by which it acquired that data; and
it will respond to data subject requests relating to Client Personal Data, including requests routed to the Client by Givingtech.

21.6 Sub-processors

The Client gives Givingtech general written authorization to engage sub-processors to assist in providing the Services, including hosting and infrastructure providers, payment processors, email and communication providers, analytics providers, and support tooling providers. Givingtech will (a) enter into a written agreement with each sub-processor imposing data protection obligations substantially equivalent to those in this DPA; (b) remain responsible for the sub-processor's performance of those obligations; and (c) make available to the Client a current list of sub-processors on request and inform the Client of intended changes concerning the addition or replacement of sub-processors, giving the Client the opportunity to object on reasonable data protection grounds.

21.7 International transfers

Where Givingtech's processing of Client Personal Data involves a transfer of such data from the European Economic Area, the United Kingdom, or Switzerland to a country not recognized as providing an adequate level of data protection, the parties will rely on appropriate safeguards recognized under Data Protection Laws, including, as applicable, the European Commission's Standard Contractual Clauses (Commission Implementing Decision (EU) 2021/914) and the UK International Data Transfer Addendum, which are deemed incorporated into this DPA by reference and completed as required based on the parties' roles and the transfers at issue.

21.8 Termination and deletion

This DPA will remain in effect for as long as Givingtech processes Client Personal Data on the Client's behalf. Upon termination or expiration of the Client's use of the Services, Givingtech will, at the Client's choice, delete or return all Client Personal Data, subject to retention that is required by applicable law or that is necessary for the establishment, exercise, or defense of legal claims.

21.9 Liability

The liability of each party arising out of or in connection with this DPA is subject to the limitations and exclusions of liability set out in the rest of these Terms of Service, to the extent permitted by applicable law. Nothing in this DPA limits or excludes a party's liability where such limitation or exclusion is prohibited by Data Protection Laws.