GiveForms Terms of Service
These Terms of Service ("Terms") govern your access to and use of the GiveForms platform, website at giveforms.com, and related services (collectively, the "Services") operated by GiveForms, Inc. ("GiveForms," "we," "us," or "our").
By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers to that organization.
If you do not agree to these Terms, do not use the Services.
1. Eligibility & Account Registration
1.1 Eligibility
The Services are intended for nonprofit organizations and agencies that manage online fundraising on their behalf. To access the platform, your organization must process at least $200,000 in online donations annually. GiveForms reserves the right to verify eligibility and deny or revoke access at its discretion.
1.2 Account Registration
To use the Services, you must submit an access request and be approved by GiveForms. Upon approval, you will create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You must notify GiveForms immediately at support@giveforms.com if you suspect unauthorized access to your account.
1.3 Authorized Users
You may grant access to employees, contractors, and agency personnel ("Authorized Users") within your account. You are responsible for ensuring Authorized Users comply with these Terms.
2. The Services
2.1 Platform Overview
GiveForms provides a donation infrastructure platform that includes donation forms, insights dashboards, donor management tools, email and receipt delivery, donor portals, integrations, A/B testing, and related features as described at giveforms.com (collectively, the "Platform").
2.2 Modifications
GiveForms may add, modify, or discontinue features at any time. We will provide reasonable advance notice for material changes that reduce core functionality. We are not liable for any impact resulting from such changes.
2.3 Beta Features
GiveForms may offer features designated as "beta" or "preview." These features are provided as-is, without warranties, and may be discontinued at any time.
2.4 Subprocessors and Integrations
The Platform integrates with third-party services including Stripe, PayPal, Plaid, Postmark, Salesforce, Zapier, 360MatchPro, and others. Your use of those services is subject to their respective terms and privacy policies. GiveForms is not responsible for the acts or omissions of third-party providers.
3. Fees & Payment
3.1 Platform Fees
Access to the Platform is subject to the fees set forth in your order form or as otherwise agreed in writing ("Platform Fees"). All fees are stated in U.S. dollars and are non-refundable except as expressly stated in these Terms.
3.2 Fee Collection
Platform Fees are automatically deducted at the time of each transaction via Stripe or PayPal, as donations are processed through the Platform. You authorize GiveForms to deduct applicable Platform Fees from each transaction at the time of processing. GiveForms does not bill your organization in advance or after the fact, and there are no monthly or annual billing cycles, invoices, or recurring charges.
3.3 Transaction Fees
Platform Fees are assessed on a per-transaction basis on donations processed through the Platform, as detailed in your order form. Platform Fees are separate from, and in addition to, the payment processing fees charged by Stripe or PayPal.
3.4 Outstanding Amounts
Because Platform Fees are deducted at the time of each transaction, no balance accrues in the ordinary course of use. If any separately invoiced amounts (such as chargeback-related amounts) are not paid within 10 days of the invoice due date, GiveForms may suspend access to the Services until the outstanding balance is paid. Accounts with amounts more than 30 days past due may be terminated.
3.5 Fee Changes
GiveForms may adjust Platform Fees with 60 days' written notice. Your continued use of the Services after the effective date of a fee change constitutes acceptance of the new fees. If you disagree with a fee change, you may close your account before the new fees take effect.
3.6 Taxes
You are responsible for all applicable taxes, levies, and duties associated with your purchase, excluding taxes based on GiveForms' net income.
4. Donation Processing
4.1 Role of GiveForms
GiveForms provides technology infrastructure that enables nonprofits to accept online donations. GiveForms is not a payment processor, financial institution, or money transmitter. All payment processing is performed by Stripe or PayPal, subject to their terms.
4.2 Your Responsibility for Funds
All donation funds collected through GiveForms-powered forms are the property of your organization. GiveForms does not hold, control, or have access to donation funds at any point. Settlement of funds is governed by your agreements with Stripe or PayPal.
4.3 Compliance with Fundraising Laws
You are solely responsible for complying with all applicable laws governing charitable solicitation, including state registration requirements, disclosure obligations, and IRS regulations. GiveForms does not provide legal or tax advice.
4.4 Tax Receipts and Acknowledgments
GiveForms provides tools to generate and deliver automated donation receipts. You are responsible for ensuring receipts comply with IRS substantiation requirements and applicable law. GiveForms is not liable for errors in receipt content that result from your configuration.
4.5 Refunds and Chargebacks
You may process refunds through the GiveForms dashboard. You are responsible for your organization's refund policy and for resolving donor disputes. In the event of a chargeback, GiveForms may deduct the disputed amount and any associated fees from future payouts or invoice you directly.
4.6 Fraud Prevention
GiveForms employs automated fraud detection tools. We reserve the right to flag, delay, or decline transactions we reasonably believe to be fraudulent. GiveForms is not liable for losses resulting from fraudulent transactions that are not detected.
5. Your Data & Donor Data
5.1 Your Content
You retain ownership of all donation form content, campaign materials, and organizational data you submit to the Platform ("Your Content"). You grant GiveForms a limited, non-exclusive license to use Your Content solely to operate and improve the Services.
5.2 Donor Data
Personally identifiable information collected from donors through GiveForms-powered forms ("Donor Data") belongs to your organization. GiveForms processes Donor Data as a service provider on your behalf, as described in our Privacy Policy and Data Processing Agreement.
5.3 Data Accuracy
You are responsible for the accuracy and legality of Your Content and any data you provide or configure within the Platform.
5.4 Data Exports
GiveForms provides data export tools. You are responsible for maintaining your own backups of Donor Data and transaction records.
5.5 Data Processing Agreement.
For organizations subject to GDPR or CCPA, a Data Processing Agreement ("DPA") is available upon request and is incorporated into these Terms by reference.
6. Acceptable Use
You agree not to use the Services to:
- Solicit donations for purposes that are illegal, fraudulent, or misrepresented
- Impersonate another organization or individual
- Transmit malware, viruses, or malicious code
- Attempt to gain unauthorized access to GiveForms systems or another customer's account
- Scrape, copy, or reverse engineer any part of the Platform
- Use the Platform in a manner that violates applicable law or regulation
- Facilitate transactions for individuals or entities on OFAC's Specially Designated Nationals list or other applicable sanctions lists
GiveForms reserves the right to investigate suspected violations and to suspend or terminate accounts that violate this section, without prior notice and without liability to you.
7. Intellectual Property
7.1 GiveForms Property
The GiveForms platform, including its software, design, features, documentation, and trademarks, is owned by GiveForms, Inc. and protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any ownership rights in the Platform.
7.2 Feedback
If you provide suggestions, feedback, or ideas regarding the Services ("Feedback"), you grant GiveForms a royalty-free, worldwide, perpetual license to use that Feedback for any purpose without compensation or attribution to you.
7.3 Your Marks
You grant GiveForms a limited license to display your organization's name and logo on our website (e.g., customer lists, case studies) with your prior written consent, which you may revoke at any time.
8. Confidentiality
Each party may receive non-public information from the other party ("Confidential Information"). Each party agrees to: (a) hold Confidential Information in strict confidence using at least the same care it uses for its own confidential information, but no less than reasonable care; (b) not disclose Confidential Information to third parties without prior written consent; and (c) use Confidential Information only to fulfill obligations under these Terms.
This section does not apply to information that: (i) is or becomes publicly known through no fault of the receiving party; (ii) was already known to the receiving party prior to disclosure; (iii) is independently developed by the receiving party; or (iv) is required to be disclosed by law or court order, provided the receiving party gives prompt written notice to the disclosing party.
9. Security & Compliance
GiveForms maintains the following certifications and standards:
- SOC 2 Type II (in progress) — security, availability, and confidentiality controls
- PCI-DSS Level 1 — the highest level of payment card industry compliance
GiveForms will notify you of any confirmed security breach affecting your Donor Data in accordance with applicable breach notification laws. You are responsible for implementing reasonable security measures within your own systems and for the security of your Authorized Users' credentials.
10. Intellectual Property
10.1 Term
These Terms commence on the date your account is approved and continue until terminated.
10.2 Termination by You
You may close your account at any time by providing 30 days' written notice to support@giveforms.com. Termination does not entitle you to a refund of fees already deducted from processed transactions.
10.3 Termination by GiveForms
GiveForms may terminate or suspend your account: (a) immediately for cause, including material breach of these Terms, failure to pay fees, or use of the Services for illegal purposes; (b) with 30 days' written notice for any other reason.
10.4 Effect of Termination
Upon termination: (i) your access to the Platform will be revoked; (ii) GiveForms will make your data available for export for 30 days following the termination date, after which it may be deleted; (iii) all outstanding fees become immediately due and payable.
10.5 Survival
Sections 4, 5, 7, 8, 11, 12, 13, and 14 survive termination of these Terms.
11. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GIVEFORMS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
GIVEFORMS DOES NOT WARRANT THE ACCURACY OF INSIGHTS, ANALYTICS, OR REPORTING DATA PROVIDED THROUGH THE PLATFORM. YOU ARE RESPONSIBLE FOR VALIDATING DATA BEFORE RELYING ON IT FOR BUSINESS DECISIONS.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GIVEFORMS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF GIVEFORMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GIVEFORMS' TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO GIVEFORMS IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $1,000.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL.
13. Indemnification
You agree to indemnify, defend, and hold harmless GiveForms, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) Your Content or Donor Data; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) any claim by a donor related to your fundraising activities.
14. General Provisions
14.1 Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you consent to personal jurisdiction in those courts.
14.2 Dispute Resolution
Before initiating any legal action, both parties agree to attempt in good faith to resolve any dispute through written notice and a 30-day negotiation period.
14.3 Entire Agreement
These Terms, together with your order form, the Privacy Policy, and any applicable DPA, constitute the entire agreement between you and GiveForms regarding the Services and supersede all prior agreements or understandings.
14.4 Amendments
GiveForms may update these Terms from time to time. We will provide 30 days' written notice of material changes via email or in-platform notification. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.
14.5 Waiver and Severability
Failure by either party to enforce any provision of these Terms does not constitute a waiver. If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.
14.6 Assignment
You may not assign these Terms or your account without GiveForms' prior written consent. GiveForms may assign these Terms in connection with a merger, acquisition, or sale of assets.
14.7 Force Majeure
Neither party will be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, cyberattacks, internet outages, or government actions.
14.8 Notices
Notices to GiveForms must be sent to legal@giveforms.com or to GiveForms, Inc.,
Attn: Legal, [Address]. Notices to you will be sent to the email address associated with your account.