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Introduction

This Agreement sets forth the legally binding terms and conditions for use of the Service, the Site, and any other websites or services provided by Instagive.io.

Acceptance of Terms

By using the Instagive.io Service in any manner, You agree to be bound by this Agreement, including referenced terms, conditions and policies.

If You are entering into this agreement on behalf of an organization or other legal entity, You are declaring that You have the authority to bind such entity, its affiliates, and all users who access the Instagive.io Service through Your account to these Terms of Service.

Definitions

The following capitalized terms, when used in this Agreement, have the following meanings:

Stripe

All Instagive.io transactions are process through Stripe and the Stripe API using Your Stripe account. Instagive.io is a “Partner Application” as defined in the Stripe Terms of Service. By using Instagive.io and agreeing to the Instagive.io Terms of Service, You also agree to be bound by Stripe’s Terms of Service.

You expressly agree and understand that Instagive.io is not be liable for payments and transactions that occur through Your use of the Service. You understand and agree that all payments and transactions are processed by Stripe. You agree that Instagive.io is not be liable for any issue regarding financial and monetary transactions between You and any other party, including Stripe. You agree to not process stolen credit cards, or unauthorized credit cards through Your Instagive.io account.

You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. Instagive.io is not liable for loss or damage from errant or invalid transactions processed with Your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed. You understand and agree to not hold Instagive.io liable for any affects that actions (intentional or unintentional) on the part of Stripe may cause to Your Instagive.io account, Your Stripe account, or Your organization.

Security

Instagive.io values Your security. Technical, physical, and administrative procedures are in place to protect Your information from unauthorized access and accidental loss or modification. We cannot guarantee these measures will never be defeated by unauthorized third parties. You acknowledge that You provide this personal information regarding You and Your payers at Your own risk.

You are responsible for maintaining the security of Your Instagive.io and Stripe login credentials. Instagive.io is not liable for any loss or damage from Your failure to maintain the security of these credentials.

Modification of Instagive.io’s Terms of Service

Instagive.io reserves the right, acting in its sole discretion, to modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending an email to You. Instagive.io can impose limits on certain features and Services or restrict Your access to parts or all of the Service without notice or liability.

Privacy Policy

As a condition to using the Service, You agree to the terms of Instagive.io’s Privacy Policy. The Privacy Policy may be updated from time to time without notice, and is hereby incorporated by reference. The most current version of the Privacy Policy may be found at http://blog.instagive.io/privacy.

The Service itself, including the use of the Instagive.io name, logos, domain names and other distinctive brand features are protected. You may not duplicate, copy, or reuse any portion of the code (HTML/CSS/Javascript) or visual design elements.

You retain Your rights to any content You submit, post or display on or through the Service. By submitting, posting or displaying content on or through the Service, You grant Instagive.io a worldwide, non-exclusive, royalty-free license to use, adapt, modify, publish, and display the content in any and all media or distribution methods (now known or later developed).

Taxes

You are responsible for all taxes required to be collected, paid, reported, remitted, or withheld for any reason in connection with your use the Service.

Third Party Services

You acknowledge and understand that Instagive.io uses third party vendors to provide the necessary hardware, software, networking, and related technology required to run the Service. Instagive.io reserves the right to change Service providers at any time. Instagive.io is not responsible for any interruptions in the Service as a result of these third party vendors or its integration with them.

Conduct

As a condition of use, You promise not to use the Service for any purpose that is prohibited by these Terms of Service.

Fees

You agree to pay the fees assessed by Instagive.io to You for providing the Service. These fees will be calculated pursuant to the Fee Schedule linked to here: http://blog.instagive.io/#!/pricing. We reserve the right to revise our Fees at any time, subject to a thirty (30) day notice period to Your via the email address linked with Your Account.

Transactions

Except as required by law, You are solely responsible for compiling and retaining permanent records of all transactions and other data associated with Your Instagive.io Account, Your Stripe Account, Your Transaction History in either Service (Instagive.io or Stripe) and Your use of the Instagive.io Service.

Your License

Instagive.io grants You a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service solely to accept and receive payments and to manage the funds You receive.

Ownership

The Service is licensed, not sold. We reserve all rights not expressly granted to You in this Agreement.

Term

The Agreement is effective upon the date You register Your Account by electronically indicating acceptance and continues until terminated by Instagive.io or You cancel the service.

Termination

You may terminate this Agreement by cancelling Your Instagive.io Account. We may terminate this Agreement and close Your Account at any time for any reason mentioned explicitly or implicitly in these Terms of Service.

No Agency

You agree that Instagive.io is an independent contractor, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended to be created by this Agreement.

Indemnity

You agree to indemnify and hold Instagive.io and (as applicable) any parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of his, her, or its breach of this Agreement (including any documents it incorporates by reference) or Your violation of any law or the rights of a third party.

Force Majeure

No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse Your liabilities, including without limitation for reversals, chargebacks, claims, fines, fees, refunds or unfulfilled products and Services.

Guarantee

While Instagive.io prides itself in outstanding up-time, it does not guarantee continuous, uninterrupted access to the Service, and operation of the Service.

Warranty

INSTAGIVE.IO AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE THE SITE AND THE SERVICE “AS IS,” AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. INSTAGIVE.IO’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM INSTAGIVE.IO SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Limit of Liability

IN NO EVENT SHALL INSTAGIVE.IO, AND (AS APPLICABLE) INSTAGIVE.IO’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT IN CONNECTION WITH THE USE OF THE SERVICE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. INSTAGIVE.IO’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF INSTAGIVE.IO’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO ANY USER, CLIENT NONPROFIT, OR THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES PAID BY THE CLAIMANT TO INSTAGIVE.IO IN THE 12 MONTHS PRIOR TO THE ACT GIVING RISE TO LIABILITY, OR (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

If any provision of this Agreement is held unenforceable, then such provision will be disregarded, and all remaining provisions of this Agreement shall remain in full force and effect.

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