Terms of Service

1. Agreement

By accessing or using the Givvv Platform or Services, you ("User," "Organization," "Administrator," or "Partner") agree to be bound by these Terms of Service. If you do not agree, you must not use the Platform or Services.

2. Definitions

• Organization: A nonprofit, church, charity, or other entity creating and managing donation campaigns on the Platform.
• Administrator: An Organization representative or staff member authorized to manage the Organization's account.
• Donor: An end-user making a donation to an Organization through the Platform.
• Partner/ISV: Integration partners using Givvv APIs or referral/onboarding flows.
• Payment Provider: Third-party PSPs or acquirers (e.g., Stripe, Windcave, etc.).
• Donation Widget: Embeddable or hosted donation forms provided by Givvv.

3. Eligibility

Users must be at least 18 years of age or the legal age of majority in their jurisdiction to use the Services as an Organization Administrator. Donors under 18 may use the Services only with supervision of a parent or guardian.

4. Account Registration & Security

• Users must provide accurate, current information during signup.
• Organizations/Administrators are responsible for safeguarding their login credentials.
• Givvv is not liable for unauthorized account access where the User has failed to maintain credential security.

5. Use of Services

Users agree not to:

• Use the Platform for unlawful, fraudulent, or abusive purposes.
• Attempt to reverse engineer, exploit, or compromise the Services or APIs.
• Circumvent any security, rate limits, or payment controls.
• Use automated tools to scrape or extract Platform data without written permission.
• Use the Platform for non-charitable or for-profit fundraising without disclosure.

Givvv may suspend or terminate accounts that violate these rules.

6. Donation Campaigns & Content

• Organizations are solely responsible for campaign accuracy, donation legitimacy, tax deductibility claims, refunds, and compliance with local laws.
• Givvv does not guarantee campaign success, donation volumes, or revenue outcomes.
• Givvv may remove or suspend campaigns that violate policy or legal requirements.
• Organizations must accurately represent their charitable status and use of funds.

7. Payments & Third-Party PSPs

• Givvv acts as a software platform, not a payment processor or acquirer.
• Payments are processed by third-party Payment Providers (e.g., Stripe).
• Organizations agree to the terms of their chosen Payment Provider(s).
• Givvv is not liable for payment failures, chargebacks, settlement timing, or PSP compliance decisions.
• Donations flow directly to the Organization's connected payment account, not to Givvv.
• Givvv may log, summarize, or report payment success/failure metrics for product and support purposes.

8. Fees & Billing

• Givvv may charge platform or service fees as displayed in Organization dashboards or during checkout.
• Fees may vary by region, currency, or payment provider.
• All fees are non-refundable, unless required by law or explicitly stated otherwise.
• Pricing changes may occur with 30 days' notice for Organizations.

9. Refunds, Cancellations & Disputes

• Organizations set and manage their own refund policies.
• Givvv may facilitate refund requests via software, but refund execution is performed by Payment Providers or Organizations, not Givvv.
• Givvv is not liable for disputes between Organizations and Donors.

10. Data, Privacy & Security

• Use of Services is also governed by our Privacy Policy.
• Givvv uses industry-standard encryption and secure authentication but does not guarantee absolute protection from internet-based threats.
• Users must not upload malware, illegal content, or sensitive personal data beyond what is required to deliver the Services.
• Donor data belongs to the Organization and is protected by database-level Row Level Security.

11. API Usage & Integrations

• API access is licensed, not sold.
• Partners/Organizations may not resell API access or keys without written approval.
• API use must comply with documentation, rate limits, and fair use expectations.
• Givvv may revoke API keys if abuse, fraud, or platform instability occurs.

12. Uptime & Service Availability

• Givvv targets 99.9% uptime but does not guarantee uninterrupted service.
• Maintenance windows or outages may occur.
• Givvv may generate automated logs for monitoring and incident response purposes.

13. Intellectual Property

• Givvv owns all software, APIs, UI, trademarks, content, and design systems.
• Users may not copy or redistribute Platform source code, UI assets, or proprietary content without permission.
• Organizations retain ownership of their own campaign content, branding, and donor data.

14. Donation Widgets & Embeds

• Givvv may generate embeddable donation forms and widgets on behalf of Organizations.
• Organizations may not misrepresent Givvv widgets as government-endorsed or official payment instruments.
• Widgets must be used in accordance with these Terms and applicable laws.

15. Warranty Disclaimer

The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Givvv does not warrant that the Services will be uninterrupted, error-free, or secure at all times.

16. Limitation of Liability

To the maximum extent permitted by law, Givvv is not liable for:

• Loss of revenue, profit, data, business opportunities, or donation volumes.
• Payment processing outcomes handled by third parties.
• Fraud or abuse originating from User-generated content or campaigns.
• Indirect, incidental, or consequential damages.
• Tax implications or deductibility of donations.

Givvv's total aggregate liability for any claims arising from or related to these Terms or the Services shall not exceed the total fees paid by the Organization to Givvv in the twelve (12) months preceding the claim.

17. Indemnification

Organizations agree to indemnify and hold harmless Givvv, its officers, directors, and employees from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) the Organization's campaign content or fundraising activities; (b) misrepresentation of charitable status or use of donated funds; (c) violation of these Terms; or (d) infringement of any third-party rights.

18. Termination

Givvv may terminate or suspend accounts or API access at its discretion if:

• Terms are violated
• Fraud, abuse, or platform risk is detected
• Organization/Administrator actions expose Givvv to legal or financial risk

Users may close their account at any time. Upon account closure, data will be deleted according to our retention policy outlined in the Privacy Policy.

19. Governing Law

These Terms are governed by the laws of New Zealand, unless local consumer protection laws require otherwise.

20. Dispute Resolution

Any dispute arising from these Terms shall first be resolved through good-faith negotiation between the parties. If a resolution cannot be reached within thirty (30) days, either party may submit the dispute to mediation administered in Auckland, New Zealand. If mediation fails, the dispute shall be resolved by the courts of New Zealand.

21. Force Majeure

Givvv shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control, including but not limited to natural disasters, internet or infrastructure outages, third-party service provider failures (e.g. Stripe, AWS), government actions, or pandemics.

22. Changes to Terms

We may update these Terms from time to time. Continued use of the Services means you accept the updated Terms. Material changes will be communicated with at least 30 days' notice.

23. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

24. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Givvv regarding your use of the Services. These Terms supersede any prior agreements or understandings, whether written or oral, relating to the subject matter herein.

25. Contact

For questions regarding these Terms: