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Terms and Conditions
Last Updated: January 30, 2025
Agreement to Terms
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Simpli Inc., doing business as Donating Simplified ("Company," "we," "us," or "our"), concerning your access to and use of the Donating Simplified website (donatingsimplified.com), including all associated subdomains (such as app.donatingsimplified.com and portal.donatingsimplified.com), as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").
By accessing or using the Site and Services, you represent and warrant that you have the authority to enter into these Terms and Conditions:
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For yourself personally, binding yourself as an individual, AND
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If accessing or using the Site and Services on behalf of, or for the benefit of, any corporation, partnership, trust, or other entity or organization, binding that entity or organization.
If you are entering into these Terms and Conditions on behalf of an entity or organization, you represent and warrant that you have the legal authority to bind such entity or organization to these Terms and Conditions, in which case the terms "you" or "your" shall refer to both you individually and such entity or organization. If you do not have such authority, or if you do not agree with all of these Terms and Conditions, you must not accept these Terms and Conditions and may not use the Site and Services.
Intellectual Property Rights and Proprietary Information
Ownership of Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
Protection of Proprietary Information
All aspects of our Services, including but not limited to:
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The specific design and structure of individual programs
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User interface design and layout
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User experience flows and interactions
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Visual elements and aesthetic features
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All other aspects of the technical infrastructure constitute our proprietary information and trade secrets.
You acknowledge and agree that:
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These elements have required substantial effort and investment
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They are protected by intellectual property laws and treaties
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Any unauthorized reproduction, reverse engineering, or imitation is strictly prohibited
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Actual or threatened violation will cause irreparable harm warranting immediate injunctive relief
Reverse Engineering Prohibition
You expressly agree not to:
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Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of our Services
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Modify, translate, or create derivative works based on our Services
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Copy, rent, lease, distribute, assign, or otherwise transfer rights to our Services
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Remove any proprietary notices or labels from our Services
Any such unauthorized use may result in immediate termination of your account and legal action.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
User Representations
By using the Site, you represent and warrant that:
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You have the legal capacity and agree to comply with these Terms and Conditions
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You are not under the age of 13
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You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site
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You will not access the Site through automated or non-human means
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You will not use the Site for any illegal or unauthorized purpose
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Your use of the Site will not violate any applicable law or regulation
Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to:
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Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory
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Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users
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Use the Site to advertise or offer to sell goods and services
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Circumvent, disable, or otherwise interfere with security-related features of the Site
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Engage in unauthorized framing of or linking to the Site
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Trick, defraud, or mislead us and other users
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Make improper use of our support services
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Attempt to impersonate another user or person
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Use any information obtained from the Site in order to harass, abuse, or harm another person
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Use the Site in a manner inconsistent with any applicable laws or regulations
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Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how, or other information from our Services
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Copy, modify, reproduce, or create derivative works based on our user interface, user experience, design, layout, or visual elements
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Engage in any screen scraping, data mining, or other similar data gathering or extraction methods
Donations & Payments
Processing of Payments & Donations
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All payments are processed through secure third-party payment processors
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We do not store complete credit card information on our servers
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All payments are final and non-refundable unless required by law
All donations are final and non-refundable unless required by law -
We reserve the right to refuse or cancel any donation at our discretion
Fees and Charges
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We may charge administrative fees for processing donations
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All fees will be clearly disclosed before the completion of any transaction
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You agree to pay all charges at the prices then in effect for your donations
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You agree to provide current, complete, and accurate purchase and account information
Non-Competition and Non-Solicitation
During your use of the Site and for a period of two (2) years following your last use of our Services, you agree that you will not, directly or indirectly:
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Develop, create, maintain, operate, or participate in the development of any competing donation processing platform or similar service
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Copy, duplicate, or otherwise imitate our business model, processes, proprietary features, or user interface/experience
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Solicit or attempt to solicit any customers, users, donors, or charitable organizations from our platform
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Use any information obtained from our platform to compete with our business
This non-compete provision applies to:
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Direct competition through similar platforms or services
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White-label or rebranded versions of similar services
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Features or functionalities that substantially replicate our core offerings
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Integration services that bypass or compete with our platform
Geographic Scope: This non-compete provision applies to all jurisdictions where we currently operate or have concrete plans to operate.
Independent Consideration: You acknowledge that access to our platform and its features constitutes sufficient consideration for this non-compete agreement.
User Generated Content
When you create, upload, submit, post, share, or make available any content on or through the Site or Services ("User Content"), including but not limited to text, writings, testimonials, photographs, graphics, comments, suggestions, logos, brand materials, organization names, personal information, or other material, you thereby:
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Grant us a perpetual, irrevocable, transferable, worldwide, royalty-free, and unlimited license to use, modify, copy, reproduce, adapt, publish, translate, create derivative works from, distribute, perform, display, broadcast, and otherwise exploit such User Content in any form, media, or technology now known or later developed, for any purpose whatsoever (including but not limited to marketing, promotion, analytics, and platform improvement), without any compensation to you or any third party.
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Grant us the right to:
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Use your organization's name, trademarks, service marks, logos, and brand materials
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Use testimonials, success stories, and user experiences in our marketing materials
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Feature your content in our promotional campaigns and materials
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Edit, modify, or adapt your content as we see fit
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Sublicense these rights to our partners, affiliates, and third parties
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Represent and warrant that:
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The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your content does not and will not infringe the proprietary rights of any third party
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Your content is not false, inaccurate, or misleading
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Your content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation
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Your content does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files
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You have all necessary rights, licenses, consents, and permissions to grant the rights granted herein
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If you are submitting content on behalf of an organization, you have the authority to grant these rights on behalf of that organization
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Acknowledge and agree that:
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We may identify you as the author of any of your User Content by name, email address, or screen name
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We have no obligation to pre-screen, monitor, edit, or remove any User Content
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We take no responsibility and assume no liability for any User Content posted by you or any third party
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Once you submit User Content, you may not revoke the rights granted in this section
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We reserve the right to:
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Remove any User Content for any or no reason
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Use User Content in any way we deem appropriate
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Refuse to post or transmit any User Content
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Terminate or deny access to users who violate these terms
The licenses granted under this section shall survive the termination or expiration of these Terms and Conditions.
Third-Party Websites and Content
The Site may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site.
Site Management
We reserve the right, but not the obligation, to:
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Monitor the Site for violations of these Terms and Conditions
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Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions
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Remove or refuse to post any content for any or no reason in our sole discretion
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Terminate or deny access to and use of the Site to any person for any reason
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Modify or discontinue all or part of the Site without notice at any time
Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your violation of these Terms and Conditions.
Term and Termination
These Terms and Conditions shall remain in full force and effect while you use the Site. We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account.
Governing Law
These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of New York State applicable to agreements made and to be entirely performed within New York State, without regard to its conflict of law principles.
Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.
Binding Arbitration
If a Party is unable to resolve a Dispute through informal negotiations, the Dispute shall be finally and exclusively resolved by binding arbitration. The arbitration shall be conducted in New York City, New York. The arbitration shall be conducted by a single neutral arbitrator.
Changes to Terms and Conditions
We reserve the right to change, modify, or remove portions of these Terms and Conditions at our sole discretion at any time. We will notify users of any material changes by updating the "Last Updated" date of these Terms and Conditions. Your continued use of the Site and Services following the posting of revised Terms and Conditions means that you accept and agree to the changes.
Contact Information
If you have questions, concerns, or requests related to these Terms and Conditions, please contact us at:
Email: support@donatingsimplified.com
Phone: 877.573.4483
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