These Terms of Service (“Terms”) govern your access to and use of the services provided by Givable LLC (“Givable,” “we,” “us,” or “our”) through our software platform, websites, and related services (collectively, the “Services”). By registering an account or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.
1. Definitions
For purposes of these Terms: “Services” refers to the Givable platform, websites, and related offerings; “Organization” or “Licensee” refers to nonprofit users of the Services; “Affiliate” means any entity controlling, controlled by, or under common control with a party; “Content” means any text, images, data, or materials uploaded by users; “Customer Data” means the data, including personal data and Content, that an Organization, its users, and its Donors and supporters submit to the Services; “Effective Date” is the date of first use or registration; “User” means any individual or entity accessing or using the Services, including Organizations, their staff, and Donors; “Donor” means any individual making a contribution through the Services; and “Acceptable Use Policy” means Givable’s Acceptable Use Policy at givable.com/acceptable-use, which forms part of these Terms.
2. Eligibility, Verification, and Scope
Givable provides donation and fundraising tools exclusively to verified nonprofit organizations based in the United States or Canada, including those classified as 501(c)(3) or equivalent. Organizations and users must comply with all applicable local laws and regulations.
Before an Organization may collect funds through the Services, it must complete Givable’s verification process, which includes confirmation of registered nonprofit or charitable status with the applicable authority (such as the tax authority in the United States or Canada), and completion of the identity and business verification (“KYC”) required by the payment processor used with the account. Organizations must provide accurate verification information and notify Givable if their nonprofit or charitable status changes.
Givable reserves the right to suspend or terminate an Organization’s account if it fails to complete verification, fails to maintain verified nonprofit status, or violates any applicable laws or regulations.
3. License Grant
Givable grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for lawful fundraising purposes in accordance with these Terms. No other rights are granted, and all other rights are expressly reserved by Givable.
4. Registration and Account Management
Organizations must complete a registration process, including creating or connecting a merchant account with a supported third-party payment processor. Organizations may invite additional users to manage their account, and may operate subaccounts for affiliated organizations, such as chapters, where that feature is enabled. Each subaccount must be a separate legal entity with its own tax identification number and its own payment processor account, and is billed separately. Donors may also create user accounts to access giving history and manage preferences. You agree to provide accurate, current, and complete information and to maintain the security of your account credentials.
Organizations are responsible for managing their own users: granting each user only the access they need, removing access promptly when a user no longer needs it, and configuring the account’s security settings, such as single sign-on and two-factor authentication. Users who manage an Organization’s account must be at least 18 years old, or the age of majority where they live. People under that age may take part as Donors or supporters only with the permission of a parent or legal guardian.
5. Fees and Billing
Fees for the Services consist of the following components, as described in the fee schedule published at givable.com/pricing:
- Platform fee. A percentage of each online transaction processed through the Services, including card and bank payments charged through the virtual terminal, at the rate applicable to your plan. This fee is applied at the time of the transaction. Event fees are based on the registration. Where they can’t be collected with an online payment, for example when a registration will be paid by check or cash, they are billed on the monthly invoice after the registration is placed, whether or not the payment has been received. Event fees are final once a registration is placed and are not refunded if it is cancelled. The tickets from a cancelled registration stay with the Organization, which may leave them unassigned or transfer them to another registration without being charged again. Gifts an Organization records itself, such as cash, checks, and in-kind gifts entered through batch entry or the virtual terminal, carry no platform fee when they aren’t for an event or another paid item.
- Event fees. Event admission tickets carry a flat fee per ticket. Tables, group packages, sponsorships, and merchandise and add-ons carry the platform fee, subject to the per-item minimums and maximums published in the fee schedule.
- Plan fee. Certain plans include a recurring monthly fee for the features and infrastructure associated with that plan. Plan fees are billed monthly in advance.
- Contact minimum. On the Standard plan, up to 2,500 contacts are included. Above that, a monthly minimum applies based on the number of contacts in the account at the end of the month, at the amounts published in the fee schedule, and never more than $600 per month. Platform fees and event fees paid during the month count toward the minimum, so an Organization pays only any difference. “Contacts” are the active supporter and lead records in the account, including records imported or synced from another system, and exclude archived and deleted records. Givable will give at least thirty (30) days’ notice to account administrators before a minimum first applies to an Organization. The Enterprise plan has no contact minimum, and an Organization may request a move to Enterprise at any time.
- Usage-based charges. Some usage, such as AI credits, API calls, and media storage, includes a monthly allowance with each plan, and usage beyond that allowance is billed at the published rates. Users are unlimited on every plan. Other usage is billed from the first unit, including email messages the Organization sends or receives through the Services’ messaging tools (receipts and other automatic notifications are not charged), text message segments sent or received, phone numbers, and eSign requests. Usage-based charges are billed monthly in arrears.
- Carrier registration fees. Registering an Organization to send text messages through Givable, such as 10DLC brand and campaign registration, incurs fees charged by wireless carriers and registries, which are passed through to the Organization. These fees apply to each registration attempt, whether or not it is approved, and some recur monthly while a registration is active.
- Payment processor fees. Fees charged by the payment processor are separate from Givable’s fees and are billed by, or passed through from, that processor. Dispute, chargeback, and refund charges assessed by the processor are the responsibility of the Organization.
Givable’s published prices are in U.S. dollars, and Givable invoices in U.S. dollars.
Fees depend on each item being classified accurately, as described in the Acceptable Use Policy. Where an item is misclassified, Givable may reclassify it and recalculate the applicable fees.
Givable does not charge implementation fees. Apart from the plan fees and the contact minimum described above, Givable does not require minimum usage. Givable may change its fees on no less than thirty (30) days’ notice to account administrators; continued use of the Services after the effective date of a change constitutes acceptance of the revised fees.
Givable is not a bank, money services business, or payment processor. Payments are processed by a third-party payment processor that performs underwriting, compliance, and transaction processing. Givable does not assume responsibility for the approval, denial, or operation of such services. Use of third-party services is subject to their own terms and policies, and Givable disclaims any liability for actions taken by those providers.
6. Refunds and Chargebacks
Organizations are responsible for issuing refunds to their donors and for resolving disputes and chargebacks, using the tools provided by the Services and their payment processor. Givable does not determine whether a donation should be refunded.
Platform fees, plan fees, and usage-based charges paid to Givable are non-refundable except where required by law. Where a donation is refunded or charged back, any fees assessed by the payment processor remain the responsibility of the Organization.
7. Customer Data, Privacy, and Confidentiality
Customer Data. As between the Organization and Givable, the Organization owns its Customer Data. Givable uses Customer Data only to provide, secure, support, and improve the Services, as described in these Terms and the Privacy Policy, and as the Organization directs. Givable may use aggregated information that does not identify any individual or Organization to analyze trends and improve the Services.
Donor communications. Givable processes donor and supporter information, including name, email address, phone number, and giving details, to enable donation processing, communication, and provision of the Services. Givable sends receipts and other communications, including email and text messages, on behalf of the Organization.
No sale of personal information. Givable does not sell personal information and does not share personal information for cross-context behavioral advertising. Mobile information, including phone numbers and text-message consent, will not be shared with third parties or affiliates for marketing or promotional purposes.
Privacy and data processing. Use of the Services is also governed by Givable’s Privacy Policy, available at givable.com/privacy. Where Givable processes personal data on an Organization’s behalf, Givable acts as a processor (or service provider) and the Organization acts as the controller (or business). Givable’s Data Processing Addendum forms part of these Terms and governs that processing. It applies automatically, without signature.
Subprocessors. Givable uses service providers to help deliver the Services, bound by written obligations to protect Customer Data. The current list of Givable’s subprocessors is available to Organizations on request, and Givable will notify account administrators before adding or replacing a subprocessor, as described in the Data Processing Addendum.
Personnel access. Givable personnel access Customer Data only to provide support, to maintain and secure the Services, or as required by law. Support sessions in which personnel sign in to an Organization’s account are logged.
Security incidents. If Givable becomes aware of a security incident that affects an Organization’s Customer Data, Givable will notify the Organization’s account administrators without undue delay and provide the information reasonably available to help the Organization meet its own obligations.
Confidentiality. Each party will protect the other’s non-public information that it receives through the Services with at least reasonable care, use it only to perform under these Terms, and disclose it only to people who need to know it and are bound to protect it, or as required by law. Customer Data is the Organization’s confidential information. This obligation does not apply to information that is or becomes public through no fault of the receiving party, that the receiving party already had or developed independently, or that it received lawfully from someone else.
8. Content Responsibility
Organizations are solely responsible for the content posted on their fundraising and donation pages, including peer-to-peer pages and story updates managed by their users and supporters. Givable reserves the right, but does not assume the obligation, to monitor or remove content that violates these Terms or applicable laws.
9. Content License and Media Releases
By submitting or uploading any Content to the Services, including donation pages, text, images, video, and peer-to-peer or story content, you grant Givable a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display such Content solely for the purpose of providing and improving the Services. You retain all ownership rights in your Content.
You represent and warrant that you own or have obtained all rights, consents, and permissions necessary to upload and publish the Content, including any release required from individuals appearing or identifiable in photographs, video, or written accounts. Where a media release is collected through the Services, the Organization remains responsible for the sufficiency of that release and for honoring any withdrawal of consent.
Givable does not sell, license, or otherwise provide uploaded media to third parties, and does not use it for advertising.
10. Givable AI
Where enabled, Givable AI allows authorized users to ask questions about their Organization’s data and to generate reports and summaries. Access follows each user’s existing roles and permissions, and account administrators may control which users may use AI features and set usage limits.
AI-generated output may be incomplete or inaccurate and is provided for convenience only. You are responsible for reviewing and verifying any output before relying on it, and you must not rely on it as tax, legal, accounting, or financial advice. AI usage is metered and billed as described in Section 5, and is subject to the Acceptable Use Policy.
11. Recommended Amounts
The feature. Givable may raise the suggested gift amounts shown on an Organization’s giving forms for each visitor (“Recommended Amounts”). Recommended Amounts are never lower than the amounts the Organization configures; the Organization’s lowest configured amount is always among those shown; and amounts the Organization has tied to an impact description, premium, membership, or giving level, as well as fixed amounts and fixed prices (such as tickets, products, packages, and fees), are never changed.
Taking part. Recommended Amounts are part of the Services under these Terms. An Organization turns them on for a giving form by choosing them in its settings, and may turn them off at any time. An Organization may ask Givable to stop using its information for the de-identified learning described below, and Givable will then stop Recommended Amounts for that Organization. After general availability, Recommended Amounts may be on by default for new giving forms, and the Organization may switch them off at any time. Givable determines how Recommended Amounts are calculated and may change the method at any time.
Measurement. At least a portion of visitors is shown the Organization’s configured amounts so that results can be measured. Givable reports to the Organization how Recommended Amounts performed against its configured amounts. Givable does not guarantee any result.
Data use. The Organization authorizes Givable, acting as its service provider, to de-identify information generated through Givable’s giving forms, and to use the resulting de-identified information on Givable’s own behalf, combined across Givable’s customers, to develop and improve Recommended Amounts and related features. Givable will not attempt to re-identify it and will not disclose it in a form that identifies the Organization or any individual. For an Organization on the Enterprise plan, Givable uses its information in this way only under a separate written agreement.
The Organization’s notice. The Organization is responsible for its own privacy notice to its supporters. Givable provides suggested wording in the Organization’s settings, generated from its current settings.
Exclusions. Givable does not enable Recommended Amounts for visitors outside the United States, unless Givable later says otherwise in writing.
12. API Access and Usage Limits
Each plan includes a monthly allowance of calls to Givable’s API. Requests beyond that allowance may be billed at the published rates or rate-limited. Givable may apply rate limits, throttling, or temporary suspension to protect the stability and security of the Services.
You may not use the API to circumvent plan limits, to extract data in bulk in a manner that degrades the Services, or to build a product that replicates the Services. API credentials must be kept confidential and are your responsibility.
13. Acceptable Use
Use of the Services is subject to the Acceptable Use Policy, which forms part of these Terms. In summary, Organizations and Users may not use the Services for illegal or non-charitable purposes; to send messages without consent; to post content that is harmful, deceptive, or infringing; to interfere with the Services or another Organization’s data; or to evade fees, limits, or verification. A violation of the Acceptable Use Policy is a violation of these Terms.
14. Suspension and Termination
By you. Organizations may stop using the Services and close their account at any time without penalty. Fees already incurred remain payable.
By Givable for cause. Givable may suspend or terminate access to the Services, with or without notice where circumstances require, if these Terms are violated, if verification cannot be completed or maintained, if use of the Services creates legal or security risk, or as required by law or by a payment processor. Givable may instead suspend a specific feature, such as text messaging, where that is enough to address a violation or a requirement of a payment processor or wireless carrier.
Dormant accounts. Givable may close an account that has been dormant for twelve (12) consecutive months. An account is dormant when it has had no administrator activity and has processed no donations during that period. Before closing a dormant account, Givable will provide at least thirty (30) days’ notice to the account’s administrators at the email address on file, and will make the data export described in Section 15 available during that period. Any activity on the account during the notice period ends the dormancy process.
15. Effect of Termination and Data Export
Upon termination or closure of an account for any reason, access to the Services will cease and any active recurring giving schedules will be discontinued. Where recurring giving schedules are affected, Givable will make reasonable efforts to ensure affected donors are notified.
For thirty (30) days following termination, the Organization may request an export of its data, including donor records, giving history, and receipts. After that period, Givable may delete or anonymize the data, except where retention is required to comply with legal, regulatory, or tax obligations, as described in the Privacy Policy.
Termination does not relieve the Organization of its obligation to pay fees incurred before termination.
16. Availability and Uptime
Givable uses commercially reasonable efforts to keep the Services available, but does not guarantee uninterrupted or error-free availability. Service interruptions may occur due to maintenance, updates, third-party providers, or unforeseen issues. Any service level commitment applies only where separately agreed in writing. Givable is not liable for any revenue or data losses resulting from downtime.
17. Service Changes and Early-Access Features
Givable may add, modify, or discontinue features of the Services. Where a change materially reduces core functionality an Organization relies on, Givable will provide reasonable advance notice to account administrators.
Features identified as beta, preview, or early access are provided as is, may change or be withdrawn at any time, and are excluded from any availability or support commitment.
18. Limitation of Liability
To the maximum extent permitted by law, Givable shall not be liable for any indirect, incidental, consequential, or special damages arising from your use of the Services. Our total liability for any claims shall not exceed the total amount of fees paid to us by your organization in the six (6) months preceding the claim.
19. Governing Law and Disputes
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict of law principles. Subject to Section 20, any dispute arising from these Terms that is not resolved through arbitration shall be resolved in the courts located in Michigan, unless otherwise required by applicable law based on the organization’s location.
20. Dispute Resolution and Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted in the State of Michigan, in accordance with the rules of the American Arbitration Association. By agreeing to these Terms, you waive your right to bring or participate in any class action or representative proceeding. All disputes must be brought on an individual basis. For Donors and supporters, this Section and Section 18 apply only to the extent permitted by the consumer protection laws where they live, and nothing in these Terms limits rights that those laws do not allow to be waived.
21. Intellectual Property
All intellectual property rights in and to the Services, including but not limited to software, trademarks, trade names, logos, and other branding elements, are and shall remain the exclusive property of Givable. No rights or licenses are granted except as expressly set forth in these Terms. Users may not copy, modify, reverse engineer, or create derivative works of the Services.
22. Copyright and IP Infringement Policy
Givable respects the intellectual property rights of others and expects Users to do the same. It is Givable’s policy to respond to clear notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). If you believe content hosted on the Services infringes your intellectual property rights, you may submit a takedown notice to help@givable.com. Givable reserves the right to remove infringing content and terminate the accounts of repeat infringers.
23. Tax and Legal Compliance
Givable does not provide tax, legal, or accounting advice. Organizations and donors are solely responsible for complying with applicable laws and regulations regarding tax-deductibility, receipting, financial reporting, and other obligations. This disclaimer is a material condition of your use of the Services.
24. Force Majeure
Givable shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, labor disputes, Internet or utility failures, denial-of-service attacks, or governmental actions.
25. Indemnification
You agree to indemnify, defend, and hold harmless Givable, its affiliates, service providers, officers, directors, and employees from any claims, liabilities, damages, and expenses (including legal fees) arising out of your use of the Services, violation of these Terms, or infringement of any rights of a third party.
26. Disclaimer of Warranties
The Services are provided ‘as is’ and ‘as available’ without warranties of any kind, either express or implied. Givable does not warrant that the Services will be uninterrupted, error-free, or completely secure.
27. Third-Party Links and Content
The Services may contain links to third-party websites or content. Givable is not responsible for the accuracy, availability, or content of such third-party resources.
28. Survival
Sections related to payment obligations, confidentiality, limitations of liability, disclaimers, indemnification, and dispute resolution shall survive any termination of these Terms.
29. Severability
If any provision of these Terms is found to be unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.
30. No Waiver
Failure by Givable to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
31. Changes to Terms
Givable reserves the right to update or modify these Terms at any time, in its sole discretion. We will provide notice of material changes via the platform or by email to account holders. Your continued use of the Services after any changes indicates your acceptance of the revised Terms. If you do not agree to the amended Terms, you must stop using the Services.
32. Marketing Rights
By using the Services, you grant Givable the right to use your organization’s name and logo in Givable’s marketing materials, including but not limited to the Givable website, presentations, and promotional content, to identify you as a customer. You may revoke this permission by providing written notice to Givable.
33. Contact Information
If you have questions about these Terms, please contact us at help@givable.com. Written notices to Givable may be sent to Givable LLC, 9864 Cherry Valley Ave SE, Caledonia, MI 49316, USA.