Terms of Service

By accessing or using the Givebear LLC (“Givebear”, “we”, “our”) services, including the platform at givebear.io, you agree to be bound by these Terms of Service. If you do not agree, please do not use our services.

Givebear provides a software platform and hardware kiosks that enable nonprofits, charities, and community organizations to accept online/in-person donations and manage donor relationships. Givebear is a technology provider and payment facilitator, but is not itself the ultimate recipient charitable organization for the funds processed.

Donations are made directly to the organizations listed on the platform. Givebear facilitates the transaction but does not hold or control donated funds outside of the standard merchant settlement window. The organization you donate to is solely responsible for the use of those funds.

While we verify organizations before onboarding, Givebear cannot guarantee that an organization maintains its tax-exempt status in perpetuity. Please verify this with the organization directly if you require a tax deduction.

When you set up a recurring donation, you authorize us to charge your payment method on the agreed schedule until you cancel. You may cancel at any time through the Donor Portal or by contacting support. Cancellations take effect before the next billing cycle.

Organization accounts must be created by an authorized representative of the nonprofit. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account, including managing team member permissions.

You agree not to:

• Use the platform for any unlawful purpose or to fund illegal activities
• Misrepresent your identity or affiliation with any organization
• Attempt to gain unauthorized access to any part of the platform or another organization's data
• Use the platform to collect donations for fraudulent purposes

Givebear charges fees for access to its platform, including subscription plans, transaction fees, and hardware purchases. All fees are disclosed at the time of purchase or agreement.

We reserve the right to modify our fees and pricing at any time. For subscription-based plans, we will provide at least 30 days' notice of price changes via email or a notice posted on the platform. Continued use of the platform after the effective date of a pricing change constitutes your acceptance of the updated fees.

All fees are non-refundable except as expressly stated in our Return Policy or as required by applicable law.

Payments are securely processed by Stripe. By making a donation you also agree to Stripe's terms of service. Givebear does not store full payment card information on our servers.

Organizations using the Givebear platform may sell tickets and accept payment for events. Ticket sales are exchange transactions (the buyer receives admission, goods, or services in return for payment) and are not charitable donations. Receipts for ticket purchases will not be characterized as tax-deductible contributions.

Givebear is not responsible for the collection, calculation, reporting, or remittance of any sales tax, value-added tax (VAT), goods and services tax (GST), or any other tax or fee that may apply to event ticket sales or related transactions. Each organization is solely and fully responsible for determining whether tax applies to its events, registering with the relevant tax authorities, configuring an appropriate tax rate, collecting tax from buyers, filing tax returns, and remitting amounts owed.

The platform provides an optional sales-tax-percent field that organizations may use to add a tax line item to ticket prices. The accuracy of any rate entered is the organization's responsibility. Use of this field does not constitute tax advice from Givebear and does not transfer any compliance obligation to Givebear. Organizations are encouraged to consult a qualified tax professional or accountant before publishing paid events.

Organizations agree to indemnify and hold Givebear harmless from any claim, penalty, interest, audit, or assessment arising from the organization's tax decisions or omissions related to its event ticket sales on the platform.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Givebear does not warrant that:

• The platform will be uninterrupted, timely, secure, or error-free
• Results obtained from use of the platform will be accurate or reliable
• Any donation will qualify as a tax-deductible contribution under applicable law

Use of the platform is at your sole risk.

You agree to indemnify, defend, and hold harmless Givebear LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your access to or use of the platform
• Your violation of these Terms
• Your organization's fundraising activities, event operations, or tax obligations
• Any third-party claim relating to content or data you submit to the platform
• Any actual or alleged infringement of any third-party right by you

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIVEBEAR LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR INTERRUPTION OF BUSINESS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF GIVEBEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL GIVEBEAR'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO GIVEBEAR IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).

Givebear reserves the right to suspend or terminate your account and access to the platform at any time, with or without cause, and with or without notice, if we reasonably believe you have violated these Terms or applicable law. We are not liable to you or any third party for any termination of your account.

You may terminate your account at any time by ceasing use of the platform and contacting us at [email protected]. Termination does not relieve you of any obligation to pay outstanding fees. The sections covering Indemnification, Disclaimer of Warranties, Limitation of Liability, and Governing Law survive any termination of these Terms.

These Terms and any disputes arising out of or relating to them or the platform shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law provisions. You agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY DISPUTE ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM.

We may update these terms from time to time. Continued use of the platform after changes are posted constitutes your acceptance of the updated terms.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force. These Terms constitute the entire agreement between you and Givebear with respect to the subject matter herein.

Questions about these terms? Contact us at [email protected].