1. Agreement to Terms

By accessing or using GivingFountain ("the Platform"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services. These terms apply to all users, including donors, nonprofits, and organizations.

2. Description of Service

GivingFountain is a donation platform that connects donors with verified nonprofit organizations. We facilitate charitable giving by providing tools for donation processing, fund allocation, tax documentation, and impact reporting.

3. User Accounts

Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

Account Termination

We reserve the right to suspend or terminate accounts that violate these terms or engage in fraudulent activity.

4. Donations and Payments

Processing

All donations are processed through our secure payment processor, Stripe. By making a donation, you authorize us to charge your payment method for the specified amount.

Refunds

Donations are generally non-refundable. In exceptional circumstances, refund requests may be considered within 30 days of the donation date. Please contact us for assistance.

Tax Receipts

Tax receipts are provided for eligible donations. We are not tax advisors, and you should consult a tax professional regarding the deductibility of your contributions.

5. Recurring Donations

The Platform allows you to set up recurring donations to nonprofits. By creating a recurring donation, you agree to the following:

• Recurring donations are charged automatically to your selected payment method at the interval you choose (monthly, quarterly, or annually)
• You may cancel a recurring donation at any time through your account settings; cancellation takes effect at the end of the current billing period, and no further charges will be made after that period concludes
• It is your responsibility to ensure your payment method remains valid and has sufficient funds; the Platform is not responsible for failed payment attempts or any consequences resulting from missed donations due to payment failures
• The Platform may attempt to retry failed charges in accordance with our payment processor's policies

6. Item Donations

The Platform provides a free matchmaking service that connects donors who wish to donate physical items with nonprofits that may accept them. By listing or accepting item donations, you agree to the following:

Platform Role

The Platform acts solely as a directory and communication tool for item donations. The Platform does not at any time inspect, handle, store, transport, take possession of, or take title to any donated items. The Platform does not verify any nonprofit's capacity, willingness, or suitability to receive specific items. All item donation transactions are conducted directly between the donor and the nonprofit, and the Platform is not a party to any such transaction.

Item Listings

• Item condition descriptions, details, photographs, and estimated values are self-reported by donors; the Platform does not independently verify item condition, quality, safety, accuracy of descriptions, or estimated value
• The Platform makes no representations or warranties regarding any listed item, including but not limited to its safety, fitness for any particular purpose, merchantability, legality, or suitability for charitable use
• The Platform reserves the right to remove any item listing that is inappropriate, violates these terms, or is otherwise unsuitable for charitable donation
• Item listings that are not claimed by a nonprofit within 60 days will automatically expire and be removed from the Platform

Shipping and Delivery

• Item donations are listed free of charge; the Platform does not charge any fees for item donations
• Donors and nonprofits are solely responsible for arranging, coordinating, and paying for all delivery, shipping, pickup, and transportation of items
• The Platform does not arrange, facilitate, or participate in shipping or delivery in any way
• The Platform is not responsible for items lost, damaged, stolen, or delayed during shipping or delivery

Assumption of Risk

By participating in item donations, both donors and nonprofits acknowledge and accept all risks associated with the transaction, including but not limited to:

• Risk of personal injury or property damage arising from the handling, transportation, use, or storage of donated items
• Risk that items may not match their description, may be defective, unsafe, or unsuitable for the intended use
• Risk of loss or damage during transportation, delivery, or pickup
• Risk that the other party may fail to fulfill their obligations (e.g., donor fails to deliver, nonprofit fails to accept)

Tax Valuation

Donors are solely responsible for determining the fair market value of donated items and for all tax reporting related to item donations. The Platform does not provide tax advice, does not appraise items, and does not guarantee the deductibility of any item donation. Donors should consult a qualified tax professional for guidance on IRS requirements, including but not limited to Form 8283 for noncash charitable contributions exceeding $500.

Disputes

The Platform is not responsible for and will not mediate or resolve any disputes between donors and nonprofits regarding item quality, condition, safety, delivery, suitability, or any other aspect of an item donation transaction. All such disputes must be resolved directly between the parties involved.

7. Campaigns

Nonprofits may create fundraising campaigns on the Platform. By donating to or creating campaigns, you agree to the following:

• Campaign goals, descriptions, and deadlines are set by the nonprofit organization and are not endorsed or guaranteed by the Platform
• The Platform does not guarantee that any campaign will reach its stated fundraising goal
• Donations made to campaigns are processed in the same manner as regular donations and are subject to the same terms, including fees and refund policies
• Campaign progress information is provided for informational purposes and may not reflect real-time totals

8. For Nonprofits

Nonprofit organizations using the Platform agree to:

• Maintain valid 501(c)(3) or equivalent tax-exempt status
• Provide accurate organizational information
• Use donated funds for their stated charitable purposes
• Comply with all applicable laws and regulations
• Submit required documentation for verification
• Provide periodic impact reports to donors

9. Platform Fees

GivingFountain charges an 8% disbursement fee to cover the cost of coordinating and distributing donations to nonprofits. This fee is deducted from the donation amount before funds are sent to recipient organizations. A separate 3% 3rd party processing fee covers payment processing costs — donors may optionally cover this fee so that the full donation amount reaches the nonprofit. Current fee structures are displayed during the donation process.

10. AI Features (Giving Concierge)

The Platform includes an AI-powered Giving Concierge feature designed to help users discover nonprofits and explore charitable giving options. By using the Giving Concierge or any other AI-powered features, you agree to the following:

Informational Purposes Only

All AI-generated responses are provided for informational purposes only and do not constitute financial, legal, tax, or professional advice. You should consult qualified professionals before making financial or legal decisions.

Accuracy

While we strive for accuracy, AI-generated content may occasionally contain inaccurate, incomplete, or outdated information. You should independently verify any information provided by the AI before relying on it.

Third-Party Processing

Messages you send to the AI may be processed by third-party AI providers, including Anthropic, in order to generate responses. By using the AI features, you consent to this processing. Please review our Privacy Policy for more details on how your data is handled.

No Liability for AI Suggestions

The Platform is not responsible for any decisions you make based on AI-generated suggestions or information. You are solely responsible for evaluating and acting on any recommendations provided by the AI.

11. API and Widget Terms

The Platform provides donation widgets and related tools for nonprofit use. By using these features, you agree to the following:

Donation Widgets

• Donation widgets are provided for nonprofit organizations to embed on their own websites to facilitate donations through the Platform
• Nonprofits are solely responsible for the proper integration, placement, and use of donation widgets on their websites
• Widgets must be used in accordance with these Terms of Service and may not be modified in ways that misrepresent the Platform or the donation process

Enforcement

The Platform reserves the right to disable, revoke access to, or restrict any widgets or API access that are used in violation of these terms, used to facilitate fraudulent activity, or used in a manner that harms the Platform or its users.

12. Prohibited Activities

You agree not to:

• Use the Platform for any unlawful purpose
• Submit false or misleading information
• Impersonate another person or organization
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of the Platform
• Use automated systems to access the Platform without permission
• Engage in money laundering or fraudulent transactions

13. Intellectual Property

All content, features, and functionality of the Platform are owned by GivingFountainand are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

14. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that the Platform will be uninterrupted, secure, or error-free. We make reasonable efforts to vet nonprofits but do not guarantee their performance or use of funds.

15. Limitation of Liability

To the fullest extent permitted by law, GivingFountain shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform. Our total liability shall not exceed the amount of fees you have paid to us in the twelve months preceding the claim.

Without limiting the foregoing, GivingFountain expressly disclaims all liability arising from or related to physical item donations facilitated through the Platform, including but not limited to:

• Personal injury, death, or property damage caused by or resulting from donated items, their delivery, transportation, handling, use, or storage
• The condition, safety, quality, legality, fitness, or suitability of any donated item
• Any loss, damage, theft, or destruction of items during transit, delivery, or at any point after listing on the Platform
• The accuracy of item descriptions, photographs, or estimated values provided by donors
• The failure of any donor or nonprofit to fulfill their obligations in an item donation transaction
• Any tax consequences, penalties, or liabilities arising from the valuation or reporting of item donations

The Platform provides item donation matchmaking as a free service. As the Platform does not charge fees for item donations and does not participate in item transactions, users acknowledge that no contractual, fiduciary, or agency relationship is created between the Platform and any party to an item donation.

16. Indemnification

You agree to indemnify and hold harmless GivingFountain and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Platform or violation of these terms.

17. Modifications to Terms

We reserve the right to modify these Terms of Service at any time. We will notify users of material changes by posting on the Platform and updating the effective date. Continued use after changes constitutes acceptance of the modified terms.

18. Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts located in Delaware.

19. Contact Information

If you have questions about these Terms of Service, please contact us: