Welcome to the Cheerful Giving Terms of Service

Last modified: July 14, 2016

The following are Terms of Use for the Cheerful Giving platform and services. The platform is offered by Cheerful Giving, a division of QR Special Payments Inc. These Terms of Use shall apply to any person or organization (referred to herein as "you" or "your") who accesses or uses any feature or service of the platform.

You are granted a non-exclusive, non-sublicensable, non-transferable, limited license to install and/or use the platform, solely for your personal use and as expressly permitted herein. Certain software that Cheerful Giving uses to provide the Cheerful Giving platform and services has been licensed from third parties (each a "Third Party Licensor") that are not affiliated with Cheerful Giving. This limited right to use such software is revocable at the discretion of Cheerful Giving. Cheerful Giving retains all right, title and interest in and to the platform and any modifications and updates thereto. You agree not to decompile or reverse engineer any software in the platform. All rights not expressly granted to you herein are reserved.

The Cheerful Giving platform and services are provided "as is" and without warranty. You acknowledge and agree that from time to time, the Cheerful Giving service may be delayed, interrupted or disrupted for an indeterminate period of time due to circumstances beyond the reasonable control of Cheerful Giving, including, without limitation, any inaccuracy, interruption or delay in transmission by the telecommunications carrier used with the platform to access the wireless web, or any interruption, disruption or failure in the provision of the service, whether caused by strikes, power failures, equipment malfunctions or other reasons. Cheerful Giving, its affiliates or a Third Party Licensor shall not be liable for any claim arising from or related to the Cheerful Giving service arising from any such delay, interruption, disruption or similar failure. In no event will Cheerful Giving, or any affiliate or Third Party Licensor be liable for indirect, consequential or special damages, including lost profits, arising from your use of the Cheerful Giving platform and services, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory.

Transactions initiated using the Cheerful Giving platform and services may constitute electronic funds transfers under federal law and regulation. Instructions for reporting unauthorized electronic fund transfers are to be made by emailing support@cheerfulgiving.com.

Cheerful Giving and its Third-Party Licensors have no obligation to correct any bugs, defects or errors in the Cheerful Giving platform or services, or to otherwise support, maintain, improve, modify, upgrade, update or enhance the Cheerful Giving platform or services, except as otherwise required by applicable law or regulation.

You acknowledge and agree that Cheerful Giving, may collect, transmit, store, and use technical, location, and login or other personal data and related information, including but not limited to technical information about your device, system and application software, and peripherals, and information regarding your location, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to, or in connection with, the Cheerful Giving platform.

You agree that you will not use the platform or any services related thereto for any purposes prohibited by United States law and shall not use or otherwise export or re-export the platform, except as authorized by United States law and the laws of the jurisdiction in which the platform was obtained. You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

The laws of the State of Delaware, excluding its conflicts of law rules, shall govern this Cheerful Giving Terms of Use agreement, and you hereby irrevocably consent that all claims or disputes arising out of or in connection with this Cheerful Giving Terms of Use agreement shall be heard exclusively by any of the federal or state court(s) of competent jurisdiction located in Delaware, USA.

The Cheerful Giving platform gives you the ability to make electronic donations and payments. All funds transfer services are provided by the financial institution partner, First Premier Bank, South Dakota, USA as Cheerful Giving does not receive, hold, or transmit funds. Cheerful Giving provides the software platform that allows you to send funds transfer instructions to the Financial Institution Partner.

Cheerful Giving is a software service. As such, charities, nonprofits, faith-based organizations and individuals provide and manage their own content within the platform. Cheerful Giving is not responsible for any claims, accuracy of information or offerings. Cheerful Giving does not solicit for charities, nonprofits, faith-based organizations or any individual participant using or included in the platform.

Accuracy of Information

When you register for an account, you may be required to provide information that will allow us to verify your identity, including but not limited to: a valid U.S. physical address (not including P.O. Boxes or commercial mail receiving agencies), phone number, bank or credit card account information, or other information. You agree to provide true and accurate information to Cheerful Giving when you create your account. You also agree to update this information to keep it true and accurate at all times.

Authentication

You may be required to provide additional information or documentation to allow Cheerful Giving to verify your identity and/or your account information. Cheerful Giving may also verify your information against third party databases or other sources and you authorize Cheerful Giving to make such inquiries.

Password Security

You are responsible for keeping your account login information, password and PIN secure. If you share your account credentials with another person, you are responsible for all activity they conduct using your account, regardless of whether you authorized their activity. Cheerful Giving will never ask you for your account credentials.

Authorization to Debit Your Linked Bank or Credit Card Account

When you link a bank or credit card account to your account, the bank or credit card must be a state or federally-chartered institution in the United States. When you make a payment that is funded by your bank or credit card account, you are authorizing Cheerful Giving and the financial institution partner to initiate an electronic transfer from your linked bank or credit card account in the amount you specify. You are solely responsible for complying with any terms set by your bank or credit card with respect to your bank or credit card account, including any fee terms, such as non-sufficient funds or overdraft fee terms. If you are entitled to a reversal, refund, or other adjustment associated with a donation or payment you made using the Cheerful Giving platform, you also authorize Cheerful Giving and the financial institution partner to credit your linked bank or credit card account to complete that transaction.

Automated Clearing House Clearing Times

When you link a bank or credit union account to your account, you may send a payment using your linked bank or credit union account. If you do so, you acknowledge that normal Automated Clearing House clearing times will apply. This means that the funds should generally be available to your recipient within three (3) business days.

USA PATRIOT Act Notice: Important information About Procedures for Opening a New Account under the USA PATRIOT Act of 2001

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What this means for you: When you open an account, we may ask for your name, address, date of birth and other information that will allow us to identify you.

Apple Inc ("Apple") - and Google Inc ("Android") - Specific Terms and Conditions

In addition to the Cheerful Giving Terms of Use agreement with the foregoing terms and conditions, you acknowledge and agree to the following provisions with respect to your use of the Mobile compatible version of the licensed Cheerful Giving for Mobile Application (also called the "Licensed Application").

This Cheerful Giving for Mobile Terms of Use is an agreement between you and Cheerful Giving. Apple Inc ("Apple") and Google Inc ("Android") are not parties to the Cheerful Giving for Mobile Terms of Use agreement and do not own and are not responsible for the Licensed Application. Apple and Android are not responsible for maintenance or other support services for the Licensed Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Licensed Application, including, without limitation, any third party product liability claims, claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Licensed Application, including those pertaining to intellectual property rights, must be directed to Cheerful Giving at the address provided in the 'Contact Us' section of the Licensed Application.

The license you have been granted herein is limited to a non-transferable license to use the Licensed Application on any Mobile device that you own or control, as permitted by the Usage Rules set forth in the App Stores Terms of Service as well as in the Google Play Terms of Service. In addition, you agree to comply with the terms of any third party agreement that is applicable to you when using Your Application, such as your wireless data service agreement.

You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You acknowledge and agree that Apple, Android and their respective subsidiaries are third party beneficiaries of this Cheerful Giving for Mobile Terms of Use agreement and that, upon your acceptance of the terms and conditions of this Cheerful Giving for Mobile Terms of Use agreement, Apple and Android will have the right (and will be deemed to have accepted the right) to enforce this Cheerful Giving for Mobile Terms of Use agreement against you as a third party beneficiary thereof.

Cheerful Giving is a registered service mark. IPad/iPhone are registered trademarks of Apple Inc. App Store is a service mark of Apple Inc. Android is a registered trademark of Google Inc. Google Play is a registered service mark of Google Inc.

By using Cheerful Giving, you are expressly agreeing to these terms in their entirety.