Terms of Service

1. Agreement and the parties

These Terms of Service (the “Terms”) govern your access to SimplyGift, its public site, donation tools, nonprofit tools, subscriptions, and related support services (collectively, the “Service”). The Service is operated by Adaira LLC (“Adaira,” “we,” “us,” or “our”). By using the Service, creating an account, submitting a nonprofit application, creating a campaign, or making a donation, you agree to these Terms and the SimplyGift Privacy Policy.

If you act for a nonprofit or another organization, you represent that you are at least 18 years old and authorized to accept these Terms for that organization. In that case, “you” and “your” include the organization. If a signed agreement between the organization and Adaira conflicts with these Terms, that agreement controls for the conflicting subject matter.

2. Eligibility and accounts

You must be at least 18 years old to create an account, submit an organization application, or make a donation through SimplyGift, unless a parent or legal guardian acts on your behalf where permitted by law. You must provide accurate information, safeguard your credentials, and promptly report suspected unauthorized use. Accounts are personal and may not be sold, rented, shared, or transferred without our written permission.

We may require identity, organization, payment, or other verification before enabling particular features. You are responsible for activity through your account and for the content, people, and payment methods you authorize through it.

3. Nonprofit participation

A nonprofit applying to use SimplyGift must provide accurate, complete, and current information and maintain any registrations, tax status, internal approvals, bank-account authority, disclosures, and consents required for its fundraising activities. Approval for a SimplyGift profile or campaign is not legal, tax, accounting, fundraising, or regulatory advice and is not a guarantee of a nonprofit’s status, reputation, eligibility, or compliance.

Nonprofits are responsible for their campaigns, beneficiary designations, use of funds, donor communications, tax acknowledgments, fulfillment of any promised goods or services, and compliance with applicable fundraising, consumer-protection, tax, sanctions, anti-money-laundering, privacy, and charitable-solicitation laws. Nonprofits must promptly correct misleading or inaccurate information and cooperate with reasonable compliance, fraud, refund, dispute, or payout reviews.

4. Donations, payment processing, and receipts

SimplyGift facilitates a payment directed to the nonprofit identified at checkout. We process, reconcile, and arrange settlement and release of funds through Stripe and, where applicable, the nonprofit’s connected account. Payment authorization, successful payment, settlement, release, and arrival in a nonprofit’s bank account are different stages. We may delay, hold, reject, reverse, or return a transaction when reasonably necessary to address a failed payment, fraud, dispute, legal requirement, processor requirement, or violation of these Terms.

The amount, optional fee-coverage choice, and any applicable fee are presented before you submit payment. The SimplyGift Fees page is incorporated into these Terms and explains current donation fees, nonprofit subscriptions, payout handling, refunds, and disputes. Your bank or payment provider may impose separate charges. We do not charge a donor an additional processing or dispute bill after checkout.

A nonprofit, rather than Adaira, is responsible for determining whether a contribution is tax-deductible and for issuing any required charitable acknowledgment. SimplyGift may provide transaction records, but does not provide tax, legal, or accounting advice and does not guarantee a contribution’s deductibility. You are responsible for consulting your own advisers and retaining any records you need.

5. Refunds, reversals, and subscriptions

For a donation refund, contact the nonprofit that received the donation. Refunds, reversals, and chargebacks are subject to the nonprofit’s decision, payment-processor rules, applicable law, and the status of the transaction or payout. A refund or reversal can reduce the funds available to the nonprofit, and original processor or connected-account fees may not be returned. Any refund confirmation will state the donation and fee amounts returned.

Nonprofit subscriptions are billed as described at checkout or in the applicable agreement. You authorize recurring charges until you cancel in the method provided by the Service or your agreement. Unless required by law or a separate agreement, payments already due or paid for a billing period are non-refundable. We may suspend paid features for overdue amounts after reasonable notice.

6. Campaign content and community conduct

You retain your rights in content you submit, including organization information, campaign text, images, updates, and communications. You grant Adaira a limited, non-exclusive, worldwide right to host, reproduce, display, distribute, and process that content as needed to operate, promote the particular campaign or nonprofit profile you publish, secure, support, and improve the Service.

You may not submit content or use the Service to mislead donors; impersonate another person or organization; violate privacy, publicity, copyright, trademark, or other rights; promote unlawful, hateful, harassing, fraudulent, violent, exploitative, or sanctioned activity; collect personal information without authorization; interfere with the Service; bypass security controls; or use automated access without written permission. We may investigate reports, restrict visibility, remove content, suspend accounts, preserve evidence, and cooperate with lawful requests.

7. Third parties, availability, and support

SimplyGift uses third-party services, including Stripe, to process payments and provide related functionality. Their terms and privacy notices apply to their services. We are not responsible for third-party services, bank processing times, or content published by nonprofits or other users. We do not endorse or guarantee a nonprofit, campaign, beneficiary, or use of funds merely because it appears on SimplyGift.

We work to keep the Service available, but it may be unavailable because of maintenance, security measures, third-party dependencies, or events outside our reasonable control. We may change, suspend, or discontinue features when reasonably necessary for security, compliance, operations, or product improvements.

8. Ownership, feedback, and privacy

Adaira and its licensors own SimplyGift, its software, design, documentation, trademarks, and other intellectual property. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Service during your authorized access period. If you provide feedback, you grant Adaira a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use it without compensation. This does not transfer ownership of your submitted content.

Our Privacy Policy explains how we handle personal information. You agree that we may process information as described there. You are responsible for giving any notices and obtaining any permissions necessary for content or personal information you provide to SimplyGift.

9. Disclaimers and limits of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” ADAIRA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT A CAMPAIGN WILL MEET A FUNDRAISING GOAL, THAT A DONATION WILL QUALIFY FOR A TAX DEDUCTION, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADAIRA WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. ADAIRA’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID TO ADAIRA FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS. These limits do not apply where prohibited by law.

10. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Adaira and its personnel from third-party claims, damages, liabilities, costs, and expenses arising from your content, campaign, nonprofit activity, use of the Service in violation of these Terms or law, or breach of a representation in these Terms. We will promptly notify you of a claim and allow you reasonable control of the defense, provided you may not settle a claim in a way that imposes liability or an admission on Adaira without our written consent.

11. Informal resolution and binding arbitration

Before filing a claim, you and Adaira agree to give the other written notice of the dispute and try in good faith to resolve it informally for at least 30 days. Notices to Adaira must be sent to Adaira LLC, 2730 Peachtree Industrial Blvd., Ste 105 #3286, Duluth, GA 30097, or support@simplygift.org, and must identify the claimant, describe the dispute, and state the requested relief.

Except for claims eligible for small-claims court and requests for temporary or preliminary injunctive relief to prevent unauthorized access, misuse of the Service, or intellectual-property infringement, any dispute arising out of or relating to these Terms or the Service will be resolved by individual, binding arbitration rather than in court. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules for an individual consumer and its Commercial Arbitration Rules for an organization, as applicable. The AAA rules and filing information are available at adr.org. The arbitrator may award the same individual relief available in court, subject to these Terms and applicable law.

Arbitration may be conducted by video, telephone, written submissions, or in the county of the claimant’s residence or Gwinnett County, Georgia, as the applicable AAA rules and law permit. The parties will share fees as required by the applicable AAA rules and law. YOU AND ADAIRA WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may decide only your and Adaira’s individual dispute and may not combine claims or award relief for anyone else.

You may opt out of this arbitration agreement within 30 days after first accepting these Terms by sending a written notice with your name, account email, organization (if any), and a clear statement that you opt out to the address or email above. Opting out does not affect any other part of these Terms. If a portion of this arbitration section is unenforceable, the remainder will be enforced to the fullest extent allowed by law.

12. Other terms and contact

These Terms are governed by the Federal Arbitration Act for the arbitration provision and otherwise by Georgia law, without regard to conflict-of-law rules. Where a claim is permitted in court, the parties consent to exclusive jurisdiction and venue in the state or federal courts serving Gwinnett County, Georgia.

We may update these Terms by posting an updated version and changing the effective date. If a change materially affects existing paid access, we will provide reasonable notice through the Service, by email, or another appropriate channel. Continued use after the effective date means you accept the updated Terms. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. If a provision is unenforceable, the remaining provisions continue in effect. These Terms and applicable signed agreements are the entire agreement about the Service. Contact support@simplygift.org with questions.