Terms of Service

The following terms and conditions govern the use of all websites related to the online marketing, promotion, and user interactions of Softgiving, Inc., via its website https://softgiving.com/.

The Website is owned and operated by Softgiving, Inc. (“Softgiving,” “We,” or “Us.”).

We may be contacted by using the following information:

Softgiving, Inc.

101 Marietta Street NW

Suite 2475

Atlanta, GA 30303

Contact form available at: https://softgiving.zendesk.com/hc/en-us/requests/new

The Website and its use is offered subject to your acceptance without modification of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Softgiving Privacy Policy) and procedures that may be published from time to time on the website by Softgiving (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement.

If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Softgiving, acceptance is expressly limited to these terms.

1. User interactions with the Website.

Softgiving facilitates online charitable fundraising by allowing online streamers to embed Softgiving’s donation platform on third-party streaming websites, or otherwise encourage their viewers and supporters to donate to charitable causes online. Softgiving’s donation platform is designed for two primary classes of interactions.

     a. Fundraiser/Streamer Interactions

For online streamers who wish to fundraise using our platform, this interaction requires creating an account via our website. Personally identifying information provided during account creation includes, but is not limited to, information such as your name, email address, username or handle for third-party websites, IP address, and other information relevant to our stated function of facilitating online fundraising. Upon account creation, our website may also install cookies on your browser to assist in the proper functioning of our platform and facilitate your online fundraising efforts.

     b. Donor Interactions

For donors who donate to fundraiser/streamer campaigns hosted via our platform, interactions involving personally identifying information generally occur in one of two ways.

First, fundraiser/streamers may embed our donation functionality in a third-party web application or other platform, thus allowing us to facilitate online fundraising via third-party websites.

Second, we may work with particular fundraiser/streamers to create custom donation pages that we host and manage.

In both scenarios, we use Braintree, A Paypal Service, to process donation payments. (https://www.braintreepayments.com/legal/braintree-privacy-policy).

During donor interactions, donor users do not create an account on our platform. Therefore, we only collect the personally identifying information required to process donor payments. At the option of the donor, potentially personally identifying information may be displayed publicly, such as a name or username, in association with a given donation.

As part of the donor interaction, cookies may be installed on the donor’s browser to assist in the proper functioning of our platform and facilitate your online fundraising efforts.

We do not store, maintain, or otherwise collect personal financial information, such as credit card numbers. All payment processing is handled via Braintree, and subject to their terms of service and privacy policies. A more specific description of our use of Braintree is detailed in the Softgiving Privacy Policy.

2. Use of a Donor-advised Fund (DAF)

Both Fundraiser/Streamers and Donors should understand that funds donated are not given directly to the intended charity. Rather, funds donated via our platform during a given campaign are first deposited into a Donor-advised Fund (DAF). (https://en.wikipedia.org/wiki/Donor-advised_fund). Subsequent to finalizing a fundraising campaign, funds are then forwarded to the relevant charity from the DAF. We implement this donation structure for various legal and strategic reasons. Questions regarding our use of a DAF may be directed to Matt Pfaltzgraf, Softgiving’s CEO, using the contact information listed above.

3. Your User Account(s).

Softgiving may create an account for you on the Websites. Some areas of the Websites may allow you to create your own user account. In all situations, you may only interact with Softgiving via a user account if you are 18 years or older and not otherwise subject to a legal disability.

By accessing your user Account, you agree that you are responsible for maintaining the security of your account, and that you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Websites.

Softgiving may change or remove any information you place in any area of the site that it considers inappropriate, unlawful, or otherwise likely to cause Softgiving liability.

You must immediately notify Softgiving of any unauthorized uses of your account or any other breaches of security. Softgiving will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

4. Donation Processing

Softgiving facilitates donation payments through its platform. Those payments are processed through Braintree, A Paypal Service. You consent to sharing the necessary information with Paypal, and/or any other third-party gateway necessary to process payments through the Website.

5. Responsibility of Site Users.

If you post material to the Websites, communicate information to Softgiving, or otherwise make (or allow any third party to make) material available by means of your user account or your interactions with the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
  • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.

By submitting Content to Softgiving you grant Softgiving a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting the content on the Website. If you delete Content, Softgiving will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Softgiving has the right (though not the obligation) to, in Softgiving’s sole discretion (i) refuse or remove any content that, in Softgiving’s reasonable opinion, violates any Softgiving policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Softgiving’s sole discretion.

6. Intellectual Property.

This Agreement does not transfer from Softgiving to You any Softgiving or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Softgiving.
Softgiving, Inc., www.softgiving.com, the Softgiving logo, and all other trademarks, service marks, graphics and logos used in connection with Softgiving, or the Websites are trademarks or registered trademarks of Softgiving or Softgiving’s licensors.

Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Softgiving or third-party trademarks.

7. Changes.

Softgiving reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Softgiving may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

8. Termination.

Softgiving may terminate your account, including your access to all or any part of the Websites, if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Softgiving’s notice to you thereof. Softgiving may also terminate the Website immediately as part of the general shut down of our service. If you wish to terminate this Agreement or your account(s) on any of our Websites, you may simply discontinue using the Websites. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Limitation of Liability.

In no event will Softgiving, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Softgiving under this agreement during the three (3) month period prior to the cause of action. Softgiving shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. General Representation and Warranty.

You represent and warrant that (i) your use of the Websites will be in strict accordance with the Softgiving Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Websites will not infringe or misappropriate the intellectual property rights of any third party.

11. Indemnification.

You agree to indemnify and hold harmless Softgiving, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Websites, including but not limited to your violation of this Agreement.

12. Notice.

Notice, including written notice, as contemplated by this Agreement, must be given in the following manner:

     a. From You to Softgiving.

You must provide notice to Softgiving via the contact form available at https://softgiving.zendesk.com/hc/en-us/requests/new. Attempts to contact Softgiving through other means made available on the website will not constitute notice under this agreement.

     b. From Softgiving to You.

Softgiving will provide notice to You via the e-mail address provided with your notice to Softgiving. If Softgiving must provide notice to You but no e-mail address is available, Softgiving may provide notice through the Website.

13. Miscellaneous.

This Agreement constitutes the entire agreement between Softgiving and You concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Softgiving, or by the posting by Softgiving of a revised version.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Georgia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Fulton County, Georgia.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Softgiving may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

14. Disclaimer of Warranties.

THE WEBSITE IS PROVIDED “AS IS.” SOFTGIVING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOFTGIVING IS ALSO NOT RESPONSIBLE FOR INFORMATION APPEARING ON THIRD-PARTY WEBSITES THAT SOFTGIVING LINKS TO. SOFTGIVING MAKES NO WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.

Last Updated: 1/7/2020