Please read these Terms of Service carefully.
This Terms of Service applies to your use of Public Good Software’s website and services. Your use of the Public Good Software website and services is conditioned on your acceptance of this Terms of Service, and by using the Public Good Software website or services you agree to be bound by this Terms of Service. If you are an organization and have a separate written agreement with Public Good Software, that agreement will govern your use of the website and services.
Last updated: February 3, 2016
This Terms of Service (the “Agreement”) constitutes an agreement between Public Good Software, Inc., an Illinois Benefit Corporation (“Public Good”), and each visitor or user of Public Good’s Services as defined below (“Recipient,” you, your).
Public Good’s websites (including publicgoodsoftware.com, publicgood.com, public.gd, publicgood.com, and publicgood.me), any content originating from these websites whether displayed directly or embedded in another website, any apps published or produced by Public Good, and any web services operated in conjunction with Public Good’s client or partner organizations are collectively referred to as the “Services.” The Services are designed to allow fundraising organizations (“Organizations”) to create fundraising pages and collect donations and other forms of support from donors (“Donors”). Donors may also create pages via the Services to help raise money or show their support for Organizations.
Your Use of the Service
Termination of this Agreement
This Agreement is “at will” for both Public Good and you, and either may terminate the Agreement at any time. You may terminate the Agreement by deleting your Account through your account preferences page and by ceasing to use the Service. Public Good may terminate this Agreement for any reason or for no reason, and may terminate service to you. If it becomes necessary for Public Good to terminate service to you, you will be notified via email, and you may be prohibited from accessing the Services.
Provisions surviving termination
The following provisions will survive termination of this Agreement: (i) the sections relating to data use, retention and deletion, indemnity, limitation of liability, and arbitration; and (ii) any other provision of this Agreement that must survive termination to fulfill its essential purpose.
Provision of the Services
Changes to the Services
Public Good reserves the right to modify, suspend or discontinue, at any time and from time to time, the Services or any part thereof, or your access to the Services. Public Good reserves the right to modify, suspend or delete the Services or any part of the Services, with or without notice. You acknowledge and agree that Public Good shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Termination of Services for Cause
Public Good may cease providing the Services to you, and may revoke your right to access the Services immediately upon notice to you in the event that:
- You violate, or Public Good has reason to believe you have violated, any provision of this Agreement; or
- If Public Good determines that its provision of any of the Services to you is prohibited by applicable law, or has become impractical for any legal or compliance reason.
Acceptable Use Policy
The Public Good Services may not be used to:
- Harass, defame, intimidate or threaten;
- Post any material that is defamatory;
- Post any material that is obscene, offensive or indecent;
- Post any trademarks, logos, copyrighted material or any other intellectual property without the appropriate rights or permissions;
- Operate, conduct or promote raffles, lotteries or other gaming activities, whether for charitable purposes or otherwise;
- Any form of solicitation not as intended by Public Good, including spam;
- Impersonate any other person or claim representation of any organization that has not authorized such representation; or
- Post any materials that may damage the operation of a computer.
In the event of your material breach of the Acceptable Use Policy, including without limitation any copyright infringement, Public Good may suspend or terminate your access to the Services, in addition to such other remedies as Public Good may have at law or pursuant to this Agreement. Neither this Agreement nor the Acceptable Use Policy requires that Public Good take any action against you or any other customer for violating the Acceptable Use Policy, but Public Good is free to take any such action it sees fit.
Materials, IP & Data
Public Good may include various written or graphical materials in the course of providing the Service, including but not limited to text, data, graphs, charts, photographs, illustrations, and designs. This content may be the protected intellectual property of Public Good or third parties. You do not acquire any right, title, or interest in or to such content, except the limited and temporary license to use it in the course of your use of the Service.
Intellectual Property in General
Public Good retains all right, title, and interest in and to the Service, and this Agreement does not grant you any intellectual property rights in or to the Service or any of its components. Public Good also retains all applicable intellectual property rights to any comments, suggestions or feature requests submitted by you or any users. Any information an Organization provides to Public Good for the purposes of providing the Services to the Organization shall remain the intellectual property of the Organization, and the Organization hereby grants Public Good all applicable rights to use this data in providing the Services.
Data Use, Retention and Deletion
Organizations are granted the right to use Public Good’s trademarks, including Public Good’s name and logo, solely in relation to and in reference to your use of the Service. All uses of Public Good’s trademarks and the goodwill associated with them shall inure to the benefit of Public Good.
User Generated Content
In using the Services, you may add content to pages, including but not limited to text, data, graphs, charts, photographs, illustrations, and designs, as well as logos and trademarks for your Organization. You hereby grant Public Good all applicable rights to use this content, including trademarks, in the course of providing the Services to you and others.
Copyright & DMCA
If you believe that your copyrighted work has been posted without permission and outside of the fair use exceptions in 17 U.S.C. §107, send a proper DMCA notice to:
Public Good reserves the right to disable the account of any user who repeatedly infringes copyright.
Each Party’s Representations & Warranties
You represent that you have provided truthful and accurate information about your identity in your account registration and profile. You represent that all information you submit for processing of donations is accurate and belongs to you. You also represent that you are an individual 13 years old or older.
Right to Do Business
You represent that you have authority to enter into, execute and perform the obligations under this Agreement. If you are using the Services on behalf of an Organization, you hereby warrant that if it is a corporation or other legal entity, it is validly formed and existing under the laws of its jurisdiction and has duly authorized you as its agent to enter into this Agreement.
Use of the Services
You represent that you will use the Services only as intended, and that your use of the Services is in compliance with applicable law.
Solicitations and Compliance
You represent that any solicitations or representations you make using the Services are compliant with applicable laws including but not limited to laws pertaining to soliciting charitable donations. In the case that you violate the foregoing term, you agree to indemnify and hold harmless Public Good and its affiliates pursuant to the indemnifications provisions below.
In no event will Public Good be liable for any damages, including consequential, indirect, special, incidental, or punitive damages relating to or arising from this Agreement. The limitations of liability in this section apply to liability for negligence, apply regardless of the form of action and apply even if Public Good is made aware in advance of the possibility of the damages in question and even if such damages were foreseeable. The limitations of liability also apply even if your remedies fail of their essential purpose.
Notwithstanding the foregoing, some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages in certain circumstances, and so the foregoing limitation and exclusions may not apply to you to that extent.
The Service is provided “as is” and “as available,” and Public Good makes no warranties, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property rights or any implied warranties. Public Good has no obligation to indemnify or defend you against claims related to infringement of intellectual property rights; and Public Good does not warrant that the Service will perform without error or interruption. Public Good shall not be liable for the quality or accuracy of information provided by any user or third parties for or via the Services.
Embargoed Countries and Specially Designated Nationals
The Service is not available for users located in a country embargoed by the United States, or who are on the U.S Treasury Department’s list of Specially Designated Nationals. You represent and warrant that you are not on the U.S. Treasury Department’s list of Specially Designated Nationals, and that you are not located in a country embargoed by the United States.
All Donations Final
All donations made to Organizations made through the Service are final. No refunds will be offered.
Processing of Donations
Donations made through the Public Good websites and apps as well as on donation pages that are so indicated will be received and processed by DonateWell. Fees assessed to these donations are described below under DonateWell.
Donations made through pages provided as a premium service to Organizations (see Software-as-a-Service) may be received and processed directly by the organization via Braintree payment processing. No Public Good fees will be applied to these donations.
On certain donation pages you may be given the option to contribute to the costs of the Services and the recipient Organization’s fundraising efforts so a greater amount of your gift is used for program. This additional contribution may not be the exact amount required to process your particular donation but is intended to generally reduce the cost of fundraising for recipient Organizations.
Public Good uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. In order for you to use Braintree’s payment processing services, you must enter into the Merchant Services Agreement (MSA) with Braintree and its sponsoring bank. The MSA is available here. By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that Public Good Software, Inc. is not a party to the MSA and that you, Braintree and Braintree’s sponsoring bank are the three parties to the MSA and that Public Good Software, Inc. has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Braintree at 1 (877) 434-2894.
DonateWell is a 501(c)(3) nonprofit organization that sponsors a national donor-advised fund and is registered with the IRS with EIN 46-0942102.
DonateWell has hired Public Good to use its technology to further DonateWell’s charitable mission.
Donations processed through Public Good’s website and apps and on designated pages are actually made to DonateWell as an advisement for making a grant to an intended 501c3 charity. When making a contribution through Public Good and ultimately to DonateWell, you agree to the terms defined in the DonateWell Guide, which is incorporated by this reference, and you declare the following:
- You understand that your donations are completed gifts to DonateWell and are not refundable;
- You or any related third party will receive no more than an incidental benefit from the donation;
- You do not directly or indirectly control the grant recipient;
- You have imposed no conditions or restrictions preventing DonateWell from using the contribution to further its charitable mission and comply with legal and regulatory requirements;
- You have advisory privileges on the distribution of money, but you grant DonateWell exclusive legal control and ownership of your contribution; and
- You authorize DonateWell to contact you in relation to your donation.
The entirety of your donation is a tax-deductible gift and you will be issued a receipt for that amount. DonateWell will be retaining up to 10.9% + $0.30 of your donation to cover fundraising, banking, merchant account fees, and other fees, and disbursing the remainder of your donation to your advised charity unless unable to do so.
- Up to 5% of the amount of your donation will be paid to Public Good to support and sustain the fundraising technology and services.
- 3% of the amount of your donation goes to DonateWell’s administration, processing and banking fees.
- 2.75% of the amount of your donation + $0.30 per donation will go to pay for merchant services (including credit card fees charged by Visa, MasterCard, American Express).
Public Good provides premium Services to some Organizations. These premium Services are organized into tiers or service levels currently including Pro and Platinum packages. The specific features offered in these packages are outlined at time of registration and may be changed from time-to-time per Changes to the Services above. Generally, these premium packages include donation forms, Application Programming Interfaces (APIs), and other capabilities that may be embedded in your website or otherwise extended beyond Public Good’s websites and apps.
Use of Embedded Donation Pages
You agree not to substantially modify the content of donation pages that you may embed in your own website. In particular, you agree to continue to display the Public Good logo and a link to the Public Good Terms of Service. You also agree that for embedded donation pages, Public Good’s Terms of Service will take precedence over any terms of service on your website and represent that your terms of service are compatible with this Agreement.
Generally, Public Good does not charge signup, license, or subscription fees. The only applicable fees are transaction fees as set out below.
If you are using premium Software-as-a-Service products that do incur subscription fees, those fees will be outlined in a separate written agreement or will be explicitly presented during sign up. Unless otherwise agreed, Public Good reserves the right to change fees for these premium services with one year’s written notice.
Transactions and donations processed via embedded forms will not be assessed any transaction fees by Public Good, though merchant processing fees will still apply. At this time, merchant processing fees are 2.75% + $0.30 per transaction and are collected directly by Braintree, Public Good’s payment processor.
Regardless of whether you are using Public Good’s Software-as-a-Service, donations made via the Public Good websites and apps will still be received and processed via DonateWell at the rates described under DonateWell, above.
You will be automatically billed for the service at the agreed rate until you discontinue the service either through your account settings page or by sending a message to firstname.lastname@example.org. Public Good reserves the right to verify cancellation by telephone or email in order to avoid unintended interruption of service.
Your account may be automatically cancelled and your premium services disabled if fees remain unpaid for more than 30 days from when they are due (typically on the monthly or annual anniversary of your registration.)
Consequences of Cancellation
In the case that you or Public Good cancels your Software-as-a-Service premium services, all further donations received through all forms embedded or otherwise may be received and processed via DonateWell with the applicable terms and fees. Alternatively, embedded forms and other premium services may be disabled. It is your responsibility to remove these capabilities from your own websites.
In the case of nonprofits offering memberships, tickets or other non- or partially-tax-deductible products or services via the Services, you are responsible for making any required changes to donor notifications and solicitation copy with respect to the tax treatment of relevant transactions.
Control of Account
Public Good reserves the right to provide administrative access to a verified representative of a given Organization. Public Good is not responsible for revoking access from users who are no longer representing Organizations.
Matching, Challenge, and Incentive Programs
Public Good allows foundations, companies and even individuals to post matching, challenge, and other incentive programs to motivate giving (for example those represented by multiplier icons on donation pages). While these programs can be posted and tracked through the Services, Public Good does not provide, fulfill, or support these programs. For this reason, Public Good makes no representations or warranties as to the eligibility of any particular gift, the accuracy of tracking or eligibility information, the availability of the incentive funds, or when or if the incentives will be paid out. These programs are also void where prohibited by law.
If you post such an incentive program, you take sole responsibility for the program in its entirety, including its representation, fulfillment, and legal qualifications. The ability to post and track these programs is the only service provided by Public Good.
At your own expense, you agree that you will indemnify and hold harmless Public Good from and against all claims, demands, losses, costs, penalties, damages, judgments and suits, brought against Public Good arising from, in connection with, or incident to the performance of, or failure to perform the provisions of this Agreement by you, your agents, employees or assigns. The above indemnity obligation does not include claims, costs damages or expenses that may be caused by the sole responsibility of Public Good. Additionally, if the claims or damages are caused by or the result from the concurrent negligence of you and Public Good, this indemnity provision shall be valid and enforceable only to the extent of your negligence and the negligence of your agents, employees or assigns.
Public Good may send notices pursuant to this Agreement to your email address as listed in your account or submitted by you to Public Good during the course of your use of the Service, and such notices will be deemed received three days after they are sent. You may send notices pursuant to this Agreement to email@example.com and such notices will be deemed received three days after they are sent.
Public Good may amend this Agreement from time to time by posting an amended version on its website. Public Good will notify you of any material changes to the Agreement by sending you notice of the amendment via email. Your continued use of the Services shall be deemed acceptance of the amended Agreement. This Agreement may not be amended in any other way except through a written agreement executed by authorized representatives of each party.
Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than (i) by an authorized representative and (ii) in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.
To the extent caused by act of God, no delay, failure, or default will constitute a breach of this Agreement.
Assignment & Successors
You may not assign this Agreement without prior written consent, which may be withheld at Public Good’s sole discretion. Public Good may assign this agreement at any time without notice to you.
Applicable Law – Illinois
This Agreement has been made, executed and delivered in Illinois. The parties mutually stipulate and agree that this Agreement is in all respects (including, but not limited to, all matters of interpretation, validity, performance and breach) to be exclusively construed, governed and enforced in accordance with the laws of Illinois and all applicable federal laws of the United States of America, as from time to time amended and in effect. The parties agree that the Uniform Commercial Code – Article 2 Sales, the United Nations Convention on Contracts for the International Sale of Goods, and the Electronic Signatures in Global and National Commerce Act shall not apply in any respect to this Agreement or the parties. In any litigation between the parties, the prevailing party shall be entitled to, and the court shall award, reimbursement of such party’s reasonable attorneys’ fees and costs. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Chicago, Illinois.
To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
Pursuant to 47 U.S.C. Section 230(d), Public Good hereby notifies Recipient that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information regarding such protections may be found on the Internet by searching “parental control protection” or similar terms.
Conflicts Among Attachments
This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither party has relied upon any such prior or contemporaneous communications.