Terms and Conditions
Welcome to Giver Inc. (“Giver,” “we,” “us,” or “our”). These Terms of Service (“Terms” or “Agreement”) govern your use of and access to our websites, services, software, mobile applications, hardware devices (including Stripe Reader S700 devices and associated equipment), APIs, documentation, and any other products or services provided by Giver (collectively, the “Services”). By creating an account, using, or accessing our Services, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not use or access our Services.
1. Eligibility and Account Creation
1.1 Invite Code Requirement
Access to the Services requires an invite code, which is distributed solely at Giver’s discretion. You must obtain an invite code by emailing the designated address (e.g., hello@entwistle.com). You agree not to share your invite code with any unauthorized party. Giver may revoke invite codes or deny Services to any individual or entity without liability.
1.2 Church or Organization Accounts
If you are creating or using an account on behalf of a church or organization, you represent that you are authorized to bind that entity to these Terms. You agree that the entity will be legally and financially responsible for all activities conducted through the account.
1.3 Accurate Information
You must provide accurate, current, and complete information during registration and must keep such information updated at all times. You are responsible for maintaining the confidentiality of any magic-link email methods or device serial numbers used for linking to your account.
2. Services Overview
2.1 Donation Processing
Giver provides a platform for collecting donations through contactless payment technology. All payment processing is handled via Stripe, subject to Stripe’s own terms and conditions. Giver does not guarantee the availability, functionality, or infallibility of Stripe’s services.
2.2 Fees
Each donation is subject to a transaction fee (e.g., $0.30 + 8%). You authorize Giver to deduct these fees before remitting remaining funds to you or your organization.
2.3 Not a Financial Institution
Giver is not a bank, payment institution, or money services business. We do not hold donor funds. All payouts occur through Stripe or a third-party processor, subject to their applicable rules, timelines, and fees.
3. Use of Hardware (Stripe Reader S700 or Similar Devices)
3.1 Device Registration
All devices must be registered through the Giver dashboard. You agree not to use any device with our Services that is not properly linked according to our onboarding instructions.
3.2 Risk of Loss
You bear all risk of loss, theft, or damage to any device once shipped or otherwise provided to you. Giver is not liable for malfunctions, device errors, or damages resulting from misuse, improper setup, or unauthorized modifications.
3.3 Device Updates and Maintenance
You consent to Giver (or third-party vendors) deploying firmware updates, patches, or other modifications to devices in order to maintain or improve the Services. You are responsible for ensuring the device is properly connected to a network for such updates.
4. License and Restrictions
4.1 License Grant
Subject to these Terms, Giver grants you a non-exclusive, non-transferable, revocable license to use the Services for legitimate donation-collection purposes only.
4.2 Prohibited Conduct
You shall not:
• Circumvent or tamper with security measures or invite codes.
• Use the Services for illegal activities, money laundering, terrorist financing, or fraudulent conduct.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the hardware, software, or other components of the Services.
• Engage in any activity that disrupts or interferes with the Services or the servers and networks that host the Services.
4.3 Non-Disparagement
You agree not to make or publish any statement, written or oral, that is intended to disparage, defame, or otherwise damage the reputation of Giver, its affiliates, officers, directors, or employees, except as required by law. Any breach of this clause may result in immediate suspension or termination of your account and pursuit of legal remedies by Giver.
4.4 Confidentiality and Non-Disclosure
All non-public information that Giver discloses to you, including invite codes, proprietary business methods, designs, software, and processes, is confidential. You shall not disclose any confidential information to any third party without Giver’s explicit written consent.
5. Intellectual Property
All content, trademarks, logos, and intellectual property displayed through the Services are owned by Giver or its licensors. You have no right to use such property without our written permission, except as necessary for normal operation of the Services.
6. Data and Privacy
All personal information collected is governed by our Privacy Policy. By using the Services, you acknowledge and consent to the collection, use, storage, and disclosure of information as outlined therein.
7. Disclaimers
7.1 As-Is Basis
The Services, including all hardware, software, and accompanying documentation, are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, either express or implied. Giver specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
7.2 No Guarantee of Donations or Results
Giver does not guarantee the volume, consistency, or success of donations. You acknowledge that donations are dependent on donor actions and third-party payment processing.
7.3 Third-Party Services
Giver may rely on third parties (e.g., Stripe) for payment processing or other functionalities. We do not warrant or assume liability for any third-party services, actions, or omissions.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, GIVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, PROPERTY DAMAGE, DEVICE MALFUNCTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF GIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GIVER’S TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
9. Indemnification
You agree to defend, indemnify, and hold harmless Giver, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees and costs) arising out of or in any way connected with:
• Your access to or use of the Services;
• Your breach of any representation, warranty, or obligation under these Terms;
• Any claim that your use of the Services has infringed or misappropriated the intellectual property, privacy, or other rights of a third party;
• Any claim arising out of your device usage, including but not limited to personal injuries, property damage, or regulatory fines.
10. Term and Termination
10.1 Term
This Agreement remains effective until terminated by either party in accordance with these Terms.
10.2 Suspension or Termination by Giver
Giver may suspend or terminate your access to the Services at any time, without notice or liability, for any reason, including breach of these Terms.
10.3 Effects of Termination
Upon termination, you must immediately cease using the Services, return or destroy all confidential information, and remove all references to Giver’s intellectual property. Termination shall not relieve you of any obligation to pay accrued fees or indemnify Giver under these Terms.
11. Dispute Resolution; Arbitration; Class Action Waiver
11.1 Governing Law
These Terms and any claim or dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the jurisdiction in which Giver is headquartered, without regard to conflict of law principles.
11.2 Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be settled by binding arbitration before a single arbitrator under the rules of the American Arbitration Association (AAA) or similar body. The arbitration will take place in the county or jurisdiction of Giver’s choosing. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
11.3 Class Action Waiver
You agree to resolve disputes with us on an individual basis and waive any right to participate in a class, consolidated, or representative action or arbitration.
12. General Provisions
12.1 No Partnership or Agency
No agency, partnership, joint venture, or employment is created between you and Giver by way of these Terms.
12.2 Severability
If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision shall be severable and will not affect the validity and enforceability of any remaining provisions.
12.3 Assignment
You may not assign or transfer any rights or obligations under these Terms without Giver’s prior written consent. Giver may assign or transfer these Terms at its sole discretion, without restriction.
12.4 Force Majeure
Giver shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, strikes, lockouts, war, terrorism, acts of civil or military authority, pandemics, or governmental actions.
12.5 Entire Agreement
These Terms, along with any additional agreements or policies referenced herein, constitute the entire agreement between you and Giver regarding the Services and supersede all prior or contemporaneous understandings.
12.6 Contact
For questions about these Terms, please contact us at:
Giver Inc.