Acceptance and Service
- When Customer completes and submits the registration for service, Customer acknowledges and accepts that the registration creates a binding Agreement between Customer and Txt2Give.
- Txt2Give will provide, and Customer will purchase and pay for, the Services specified in the Service Description.
- Failure to read and understand the terms of service does not remove the Customer’s responsibility to the terms of this Agreement.
- Only new Txt2Give monthly Customers will receive a free trial period. Free trials will not apply to previous customers or one-time events plans.
- The free trial will begin on the date of signup and will continue for 30 days OR until Customer raises $250.00, whichever comes first.
- A Customer can cancel their account anytime during the trial period and will not be charged the monthly, or annual plan charge. Transaction fees from the payment processors are separate from any Txt2Give fees.
- The Engagement feature is excluded from the free trial.
Payment and Termination
- Each Customer will fully read and understand the pricing and terms of Txt2Give clearly listed on the website. Any questions can be sent to email@example.com.
- Only one organization will be allowed per Txt2Give account. You may not use one account to accept donations for multiple organizations. Failure to comply will result in immediate account cancellation and forfeiture of any payments made and account data hosted by Txt2Give.
- The Subscription Rate is determined by Customer’s choice of (a) monthly service, to be billed each month, after the free trial period, until cancellation of the Agreement or (b) one-time event use, to be billed one time immediately upon signup. Subscription rates and any applicable transaction fees are nonrefundable.
- Txt2Give is a subscription-based service, and is billed accordingly to the plans the customer chooses at the time of sign up. Once the trial period has passed, billing for the Subscription Rate chosen by the Customer will begin immediately, and will continue at the plan’s interval until the Customer cancels the account.
- Txt2Give cannot refund any processing fees charged by the Customer’s payment processor.
- Refunds will not be given for failure to cancel before the trial period ends.
- Annual plans are not refundable after the free trial period has passed.
- One-time event plans are non-refundable.
- The Customer may change their Subscription Rate plan at any time without penalty to Customer by contacting Txt2Give.
- The fees for the subscription are based on services provided, not by the usage of the service by the Customer or its donors.
- Customer agrees to pay on time, and acknowledges that failure to do so may result in termination of service, loss of access to and data within the Txt2Give platform and may be subject to reconnection fees.
- Payment for the Subscription Rate chosen by Customer at signup will automatically be deducted at the beginning of each billing period unless the Subscription is terminated prior to the next billing cycle.
- Any plan 1% platform fee plan will be deducted at $10 intervals. Customer understands that they may receive multiple invoices per month for the 1% platform fee.
- If any credit card payment for Subscription Rate is declined, the customer will have 5 calendar days to update their credit card information with Txt2Give. If credit card information is not updated in the designated time, Txt2Give, in its sole discretion, may deactivate delinquent accounts.
- Customer shall pay any outstanding balance due prior to reactivation. Reactivation of services will only be performed during Txt2Give normal business hours (Monday through Friday, 9:00 am – 5:00 p.m.,Central Time, excluding holidays.)
- If Txt2Give collects any payment due through an attorney or through a collection agency, Customer will pay all costs of collection and litigation, including, without limitation, all court costs and Txt2Give reasonable attorneys’ fees.
- Customer understands that they are responsible for establishing a merchant account with a supported payment gateway provider to use with Txt2Give.
- Merchant account providers and gateway providers may have their own fees and/or agreements that are independent of Txt2Give’s Subscription Rate and fees.
- Txt2Give will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with any defect related to the merchant account provider or gateway provider.
- All paid accounts will come with the Engagement feature built in. If Txt2Give’s Engagement feature is used by the customer, the customer’s account will be billed in increments of 200 credits, known as 1 block, at $.05 per credit ($10 per block). Credits will be deducted on the basis of 1 text message will equal 1 credit, and one picture (MMS) will equal 2 credits. In the event that more credits are needed than available on the customer’s account, another block of 200 credits will be automatically applied to the account and immediately available for use as to prevent any disruption in the message delivery. Any remaining unused credits cannot be refunded.
- Customer understands that they are responsible for the content of any messages sent out and that any mobile carrier can filter/ block, at the mobile carrier’s discretion, any message due to its content.
- Videos may not be directly sent through the engagement feature, however external links to videos may be sent at the customer’s full understanding that individual mobile carrier, at their discretion, may filter and/or block any message due to content.
- In the event that a mobile carrier blocks a customer’s message, the customer understands that this action was taken on the carrier’s end and will not hold Txt2Give responsible for the undelivered message. The customer also understands that Txt2Give will not refund any credits lost due to a blocked message by a carrier.
Terms of Service
- Txt2Give will provide Hosting Services to Customer for the sole purpose of accessing donation information received through the Txt2Give platform. It will commence on the signup date and continue until the termination date.
- Only one organization will be allowed per Txt2Give account. Failure to comply will result in immediate account cancellation and forfeiture of any subscription rate and account data hosted by Txt2Give.
- Txt2Give may change the Subscription Rate at any time by providing thirty (30) days prior written notice to Customer in the form of an email/in-app message.
- Customer understands that the Agreement will automatically renew for successive monthly periods unless the Agreement is terminated by the Customer.
- Failure from Customer to terminate the Agreement before the next billing date will not release the Customer’s responsibility to pay any Subscription Rate and associated transaction rates due.
- Txt2Give may terminate this Agreement if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, or if Txt2Give determines in good faith that Customer’s use of the Txt2Give Dashboard or the Customer Content violates the Acceptable Use Policy.
- Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Txt2Give may be entitled.
- One-time Event and Annual Plans are nonrefundable.
- Txt2Give reserves the right to cancel any account that is in violation of these terms and conditions. No refunds will be given to due to account violations.
- Each party acknowledges that disclosure of any aspect of the Proprietary Information is prohibited.
- Each party will not, without the prior written consent of the other party, use or disclose any Personal or Proprietary Information of the other party.
- Each party will treat the Proprietary Information of the other party as confidential.
- Access of the platform will be limited only to users on the account.
- No information will be discussed with anyone not listed as a user on the Customer account.
- Customer will comply with all applicable laws, rules and regulations regarding the Customer Content and the Txt2Give Service and will use the Txt2Give Service only for lawful purposes.
- Customer will use its best efforts to ensure that the Customer Content is and, will at all times remain, free of all computer viruses, worms, trojan horses and other malicious code.
- Customer will use the Services only for business/organizational purposes and not for any family, household or personal use.
- Customer attests that the organization using the Txt2Give Service is a registered, recognized charity under the governing agency where the organization’s legal entity is registered.
- Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.
- Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
- Customer will abide by, and utilize the Services and the Txt2Give Dashboard only for obtaining monetary donations via text or by online giving link. Customer shall impose the Acceptable Use Policy on its Donors to the extent necessary to ensure their compliance.
Txt2Give Intellectual Property
- Txt2Give hereby grants to Customer a non-exclusive, non- transferable, royalty-free license, exercisable solely during the term of this Agreement, to use applicable Txt2Give Technology solely for the purpose of accessing and using the Services with respect to receiving monetary gifts through text message.
- Customer may not use the Txt2Give technology for any purpose other than receiving monetary gifts through text message. This Agreement does not transfer from Txt2Give to Customer any Txt2Give Technology, and all rights, titles and interests in and to the Txt2Give Technology shall remain solely with Txt2Give.
- Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Txt2Give Technology. Txt2Give agrees to license usage of its proprietary software to Customer to be used to receive monetary gifts through text message. Customer may not re-distribute, sell, or license the software to other entities without prior written consent from Txt2Give.
- Txt2Give’s trademarks, trade names, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of Txt2Give Customer may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of Txt2Give.
- Txt2Give shall maintain and control ownership of all Internet protocol numbers and addresses that may be assigned by Txt2Give to Customer. Txt2Give may, in its sole discretion, change or remove any and all such Internet protocol numbers and addresses.
- Any feedback, data, answers, questions, comments, suggestions, ideas or the like which Customer sends to Txt2Give relating to the Services will be treated as being non-confidential and non-proprietary. Txt2Give may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.
Limited Warranty and Liability
- Txt2Give will provide services to all Customers in a manner that is consistent with industry standards. By creating an account, Customer has accepted such Services and agrees to notify Txt2Give immediately upon discovery of any performance issue. Txt2Give will remedy any performance issue, in a timely manner, at no cost to Customer. This shall not apply to performance issues or defects in the Services caused by factors outside of Txt2Give’s reasonable control, or that resulted from any actions or inactions of Customer or any third parties.
- EXCEPT AS EXPRESSLY PROVIDED Txt2Give MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND Txt2Give HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. Txt2Give DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
- TXT2GIVE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM. NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF AGREEMENT FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
Customer shall defend, indemnify and hold harmless Txt2Give, its affiliates and their respective present, former and future officers, directors, employees and agents, from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys’ fees) which any of the Txt2Give Indemnitees may suffer, incur or sustain resulting from or arising out of Customer’s breach of any representation, warranty, or covenant contained in the Agreement, the Customer Content, the Txt2Give Dashboard site or any End User’s use of the Customer Content or the Txt2Give Dashboard, the violation by Customer or any of its officers, directors, employees or agents of the Acceptable Use Policy or any applicable law, claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of the Customer Content, or the use of the Services in combination with hardware, software or content not provided by Txt2Give; claims or actions by third parties relating to or arising out of Customer’s use of the Services, and any failure of the Customer Content to be compatible with the hardware or software used by Txt2Give to provide the Services, including any damage to Txt2Give’s servers or other hardware caused thereby.
Governing Law: Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the Commonwealth of Virginia. THE PARTIES AGREE THAT ANY LAWSUIT (whether at law or in equity) BETWEEN THEM SHALL BE BROUGHT IN THE COURTS OF CHRISTIAN COUNTY, MISSOURI OR IN THE UNITED STATES DISTRICT COURT FOR MISSOURI, AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH LAWSUIT AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH LAWSUIT IN ANY SUCH COURT OR THAT ANY SUCH LAWSUIT WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than 3 months after the cause of action has arisen.