Welcome to DonateDirectly. By accessing or using the DonateDirectly platform (“Platform” or “Service”), operated by DonateDirectly, LLC (“DonateDirectly,” “Company,” “we,” “us,” or “our”), you agree to comply with and be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, you should not use the Platform. These Terms apply to all users, including campaign organizers, donors, beneficiaries, and visitors. Please read them carefully.

Acceptance of Terms

By accessing, browsing, or using any part of the Platform or its services, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with any applicable policies or guidelines referenced herein, including our Privacy Policy. If you are accessing the Platform on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

If you are under 18 years old, you must have parental or guardian consent to use the Platform. Parents and guardians are responsible for ensuring that their child’s use of the Platform complies with these Terms.

Changes to the Terms

We reserve the right, at our sole discretion, to modify, update, or amend these Terms at any time. Any changes will be posted on this page, and the date of the last revision will be reflected at the top of the page. You are responsible for reviewing the updated Terms. Your continued use of the Platform following the posting of changes constitutes acceptance of those changes.

Description of Services

DonateDirectly provides an online crowdfunding platform that enables users to create, promote, and contribute to fundraising campaigns for various causes, including personal needs, charitable activities, and nonprofit organizations. Campaign organizers (“Organizers”) can raise funds, and individuals or entities (“Donors”) can make donations to support those campaigns.

DonateDirectly facilitates transactions through third-party payment processors and does not directly hold any funds. We are not a financial institution, payment processor, or escrow agent. All funds are processed according to the terms of the third-party payment processors, and you agree to their terms of service when using our platform.

User Accounts

4.1 Account Creation

To use certain features of the Platform, you must create an account by providing accurate, complete, and up-to-date information. You are solely responsible for maintaining the confidentiality of your account login details, including your password, and for all activities that occur under your account. If you become aware of any unauthorized use of your account, you must immediately notify us at info@donatedirectly.com.

4.2 Account Suspension and Termination

We reserve the right, in our sole discretion, to suspend or terminate your account, restrict your access to the Platform, or refuse any current or future use of the Platform if you breach these Terms, violate any laws, or engage in activities that are fraudulent, abusive, or harmful to others.

Campaigns and Fundraising

5.1 Campaign Creation

Organizers may create fundraising campaigns to raise money for a variety of causes, subject to our guidelines and applicable laws. Organizers must provide accurate and honest information about their campaigns, and they are solely responsible for the content and materials posted to their campaign pages. Campaigns that are fraudulent, misleading, or violate the law are strictly prohibited.

5.2 Fund Disbursement

Funds raised through campaigns will be disbursed to Organizers or designated beneficiaries as per the withdrawal policies of our third-party payment processors. Withdrawals are subject to verification processes and any applicable fees. DonateDirectly is not responsible for ensuring that funds are used for the purposes stated in the campaign. By using the Platform, you acknowledge that DonateDirectly does not guarantee the outcome of any campaign or the proper use of funds.

Donations

6.1 Donation Transactions

Donors may make contributions to campaigns via the Platform. All donation transactions are processed by third-party payment providers, and Donors agree to be bound by the terms and conditions of those providers. Donations are typically non-refundable, and DonateDirectly does not provide refunds unless specifically required by law.

6.2 Tax Deductibility

Not all donations made through the Platform are tax-deductible. It is the responsibility of the Donor to determine the tax implications of their donations, and Organizers must indicate whether they are raising funds for a tax-exempt nonprofit organization. DonateDirectly does not provide tax advice, and we encourage you to consult a tax professional if you have questions regarding the tax deductibility of your donation.

Prohibited Uses

You agree not to use the Platform for any unlawful, harmful, or fraudulent activity, including but not limited to:

• Violating any local, state, federal, or international laws;
• Engaging in any deceptive or misleading practices, such as impersonating another person or entity;
• Harassing, abusing, or harming others, including the posting of defamatory, obscene, or offensive content;
• Raising funds for illegal activities, such as gambling, money laundering, or funding terrorist activities;
• Engaging in spamming, phishing, or the unauthorized distribution of malware or viruses;
• Circumventing or interfering with the security features of the Platform.

We reserve the right to investigate and take appropriate legal action, including terminating your access to the Platform, for any conduct that we deem in violation of these Terms.

Intellectual Property Rights

All content, features, and functionality available on the Platform, including but not limited to text, graphics, logos, images, videos, software, and other materials, are the property of DonateDirectly or our licensors and are protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.

8.1 User Content

By submitting, posting, or displaying content on the Platform, including campaign materials, you grant DonateDirectly a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, distribute, and display such content in connection with providing and promoting the Platform. You represent and warrant that you have the necessary rights to grant this license and that your content does not infringe any third-party rights.

Fees and Payments

DonateDirectly does not charge users for creating an account or starting a campaign. However, we may deduct a fee from each donation transaction, which includes processing fees charged by third-party payment providers. The applicable fees will be disclosed on the Platform, and by using our services, you agree to these fees.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DONATEDIRECTLY PROVIDES THE PLATFORM "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. WE DO NOT GUARANTEE THAT THE PLATFORM WILL BE FREE OF ERRORS, UNINTERRUPTED, SECURE, OR THAT ANY CAMPAIGNS WILL BE SUCCESSFUL.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DONATEDIRECTLY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend, and hold harmless DonateDirectly, its affiliates, employees, agents, and partners from and against any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising out of or in connection with your use of the Platform, any violation of these Terms, or any infringement of third-party rights by you or your content.

Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or the use of the Platform shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association. The venue for any such arbitration shall be in San Francisco, California.

Contact Information

If you have any questions about these Terms or the DonateDirectly platform, please contact us at info@donatedirectly.com.

Last updated: November 2024