Terms of Service
Updated October 15, 2021
Thank you for using the services of Your Giving Group (YGG).We build Services for churches, ministries and other organizations to help you increase giving and engagement.TheseTerms of Service set out the terms that apply to your use of our Website andServices. We may change these terms from time to time. If we do, we shall post a revision of these Terms at https://get.tithe.ly/terms-of-service and your continued use of Services shall be subject to such revised terms.These Terms of Service apply between you and the Your Giving Group (as defined) located at 901 Woodland Street, Suite 104, Nashville, TN, 37206 (‘YGG’, ‘Tithe.ly’, 'we’, ‘us’, ‘our’).
2. Our services
Our Services include:
Giving and Payment Processing Platform including Text Giving, that enables Text-to-Give functionality; and QuickGive™ (giving with one tap). More information here.
- Events: More information here.
- Custom Apps: More information here.
- Church Management: More information here.
- Websites: More information here.
- Messaging: More information here.
- Pay: More information here.
- Media: More information here.
We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove items from, redesign, improve or otherwise alter our Services at our sole and absolute discretion. You agree with your use of any YGG Service, that YGG will be the exclusive provider of payment processing services to you and that you will utilize one or more of the YGG giving services along with putting the YGG website giving button on your website.
3. General Terms
3.1 Your Account and Information Provided.
You may be required to create an Account and specify a password in order to use the Services or certain features included in the Services.
By creating an Account, or using our Services, you represent and warrant that:
- You have full authority to create the Account (including on behalf of any organization);
- You will provide all information necessary to establish and maintain an Account for use of our Services, including background verification information;
- All information you provide, including all information concerning your name, address, credit card number, bank account details, information required for background checks and other identifying information of any nature is true, complete and accurate; and
- You will maintain the accuracy of all information provided to us.
Customers who use payment processing services are required to provide all information necessary to enable us to verify your identity and ownership of bank accounts, including:
- Personal information (full legal name, resident address, date of birth, and Social Security Number (or other government ID, if not a U.S. citizen)) for your beneficial ownership;
- Information about your bank account(s) that may be used for payment processing including deposit of processed funds, for anti-money laundering laws, other applicable laws and internal procedures relating to “know your client” and credit worthiness background checks.
You authorize YGG to store the payment credentials for future scheduled or unscheduled transactions.
You must promptly advise us in advance of any changes to the information provided including your contact details, operations, banking relationships, or other information that would require a change in the support, operation, or configuration of the Services(s). This may be done via your Account or in accordance with the Notification Policy below.
You must not share your Account with anyone else. YGG has no liability for any unauthorized action or loss resulting from or relating to shared Account details.
3.2 Term/Termination Policy
The Services are provided on a month-to-month basis unless otherwise agreed in writing.
Either you or YGG may terminate the Services at any time upon 30 days’ prior written notice to the other party, delivered in accordance with the Notification Policy.
YGG also reserves the right to:
- limit or suspend your access to the Services; and/or
- terminate the Terms of Services or other agreement with you; and/or
- cancel your account; and/or
- remove Customer Content (as defined below) and/or Media Content (as defined below) uploaded to the Services,
with immediate effect, if in our reasonable opinion you are in breach of any of the obligations or undertakings in these Terms of Service.
You will remain liable for all obligations related to your Account even after it is closed. In particular, you will be responsible for any and all chargebacks, refunds, and any other fees associated with payment processing services following termination.
Please note that merely deleting a YGG application will not close your account, cancel a recurring payment or delete a linked account (for example, a linked Customer account).
You are responsible for downloading and transferring any Customer Content or Media Content you wish to retain or re-use following termination or deleting that Customer Content from your Account. This must be done before termination.
You acknowledge that in the event of account termination or service cancellation, any YGG provided telephone numbers associated with your Account shall remain with YGG or may be released. You acknowledge that You are solely responsible for working with a third-party provider to establish any new numbers in connection with the termination or service cancellation of your Account and for notifying any third parties of your change in number.
3.3 Notification Policy
YGG NOTIFICATION: For requests for change of Services under this Agreement, including cancellations, or to provide notice of other changes impacting your Account please use your Customer Account login or Organization Administrator login to communicate directly to YGG, or send an email to your account manager and copy firstname.lastname@example.org.
CUSTOMER NOTIFICATION: For service change notifications, we will communicate via your login area and/or directly to your Customer or Organization Administrator email address or the phone number as provided to us.
3.4 Pricing, Payments and Renewals Policy
By using the Services, you agree to pay all relevant Service Fees.
Service Fees payable for use of any Services are as described on the Website (unless otherwise agreed in writing) and may be updated from time to time. All pricing is specified on a monthly basis and in US Dollars (unless otherwise specified).
Services will automatically renew at the end of each subscription period, unless you cancel the Services through your Account before the end of the current subscription period.
You agree to pay all Service Fees and any other charges incurred by you or any users of your Account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred on or before the due date.
You agree that you will only use credit cards belonging to you or for which you are expressly authorized to use.
3.5 Payments Processing Services Policy
YGG allows Customers to accept payments via credit card, debit card, and ACH transactions including processing cards bearing the trademarks of Visa®, MasterCard®, Discover®, and American Express® (collectively, the “Networks”). YGG is not a depositary institution and does not offer banking services or Money Service Business services as defined by the United States Department of Treasury. YGG must enter into agreements with Networks, other processors, and banks. These third parties require our Customers to accept Sub-Merchant Agreement terms as described below.
Sub-Merchant Agreements: Customers who use payment processing services accept the relevant Sub-Merchant Agreements as determined by YGG. Payment processing services for YGG are currently provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms of Service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. You also authorize us to share with Stripe any information you provide to us and transaction information related to your use of the Giving or other Service provided by Stripe.
Service/Processing Fees: Service Fees shall apply to all financial transactions conducted through the use of YGG (including credit card, debit card, and ACH transactions) as further described on the Website or as otherwise agreed in writing.
Disbursements: YGG will disburse funds processed through YGG, interest free, less any refunds, chargebacks, and any applicable fees (including YGG Service/Processing Fees and/or transaction fees related to the Services, if applicable), as follows:
- Funds will be distributed in accordance with the directions of the Customer or, where the Account is in the name of an organization, the Organization Administrator;
- Funds may be deposited daily, weekly, or monthly into the relevant bank account, as requested by You with final determination by Tithely.
- Funds will be remitted to the designated beneficiary by bank transfer, less the Service Fee and any other amounts deductible pursuant to these Terms of Service.
- Funds may be held in escrow pending any outstanding information requested, which may be necessary to vet each organization according to current legal, regulatory and compliance requirements. We may suspend or delay disbursements to you in order to protect YGG against the risk of, among other things, existing, potential or anticipated chargebacks, fraud or your failure to fulfill Your responsibilities set forth in these Terms.
- Proceeds (net of any Fees and other deductibles) will be available for distribution to the beneficiary by bank transfer typically within 1-2 banking days of transaction for credit/debit cards and up to 1-week for ACH transactions.
YGG has no liability for disbursements made in accordance with the above provisions.
ChargeBacks: You agree that YGG has the right to debit your bank account at any time to recover any negative balances that YGG may incur, for example, as a result of refunds, chargebacks or disputed payments (including any pass-through fees). If YGG is unable to collect on refunds/chargebacks using offset of your disbursement or debit of your bank account, YGG has the right to invoice you for any unpaid balance.
Unauthorized payments and Errors: If an Error (as defined) occurs that is solely our fault, we will use all reasonable efforts to remedy that Error (subject to the limitations provided in Clause 5). You must notify us immediately if you think there may be an Error or if you need more information about an Error at: email@example.com.
Although we will use all reasonable efforts to assist, You are solely responsible for any transactions made or damage or loss incurred in the following circumstances (none of which comprise an Error):
- If you make a mistake in making a transaction (for example, mistyping an amount you are sending);
- If you give a third-party access to your Account (intentionally or otherwise) and they use your Account without your knowledge or permission;Lost or stolen account credentials, or other use of your credentials without your permission by a third-party, before you notify us of that compromise;
- The invalidation or reversal of a payment as a result of refunds, reversals or chargebacks;
- Delays resulting from YGG applying holds, limits or reviews or relating to the time to may take for a transaction to be completed;
Check Scanning Services & Agreements: Customers who use check scanning services accept the relevant
CHECK-SCANNING Service Agreements as determined by YGG. Check Scanning services for YGG are currently provided by JHA and are subject to the JHA Processing Services Agreement, which includes the JHA Terms of Service (collectively, the “JHA Processing Services Agreement or JHA Pass-through”). By agreeing to these Terms of Service, you agree to be bound by the JHA Pass-through as the same may be modified by JHA from time to time. You also authorize us to share with JHA any information you provide to us and transaction information related to your use of Giving or other Service provided.
In case of suspected unauthorized activity in relation to your Account, or questions about payments made or received, contact us as soon as you can at: firstname.lastname@example.org.
3.6 Messaging Services Policy
Messaging services for YGG are currently provided by Twilio and are subject to the Twilio Terms of Service, which also includes the Twilio Acceptable Use Policy, the Twilio Privacy Statement and the Twilio Data Protection Addendum (collectively, the “Twilio Agreement”). By agreeing to these Terms of Service, you agree to be bound by the Twilio Agreement, as the same may be modified by Twilio from time to time. You are responsible for obtaining all necessary consents/permissions from Members and any individuals you wish to contact via the messaging function of the Services and for ensuring your ongoing compliance with
Applicable Data Protection Legislation.
Customers are responsible for ensuring that Organization Administrators and Authorized Users and any other Users of the Services also comply with the Twilio Agreement where applicable.
3.7 Acceptable Use Policy
You will abide by, and utilize the Services only in accordance with, our Acceptable Use Policy, as updated from time to time. The Acceptable Use Policy can be found here: https://get.tithe.ly/legal/aup.
Customers are responsible for ensuring that Organization Administrators and Authorized Users and any other Users of the Services also comply with the Acceptable Use Policy.
3.8 Intellectual Property Rights
Reservation of Rights. Subject to the limited rights expressly granted hereunder, YGG reserves all rights, title and interest in and to the Services and content, including all related intellectual property rights. No rights are granted to you here under other than as expressly set forth here in.
Access to and Use of Content. During the Term, Customers have the right to access and use content we provide through the Service, including Media Content, subject to this Agreement for your own internal business purposes only. Your rights to content, including any Media Content, are personal and not transferable or sublicensable. Without limiting the foregoing, you shall not transfer, rent, sell lease, or otherwise provide any third person access to any Media Content other than in connection with the authorized use of the Services for your internal business purposes. No Customer or Authorized User shall, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from YGG, or use the Services or websites in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Services or Websites. Any feedback, answers, questions, comments, suggestions, ideas or the like which you send to YGG relating to the Services will be treated as being non-confidential and non-proprietary. YGG may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.
License to YGG for Customer Content. You grant to us a non-exclusive, royalty-free, worldwide right and license during the Term to do the following to the extent necessary in the performance of Services:
- digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and
- make archival or back-up copies of the Customer Content and Customer websites.
Except for the rights expressly granted above, we are not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with the Customer.
License to YCG for Media Content. Any Media Content you upload to the Service will be considered non-confidential and non-proprietary. By providing any Media Content on the Services, you grant us and our licensees, successors, and assigns a non-exclusive, royalty-free, transferrable, sublicensable, worldwide right and license to use, reproduce, modify, perform, display, distribute, sell, modify, exploit, advertise, promote, disclose and otherwise use any such material in perpetuity. We have no obligation to use, display, distribute or promote any Media Content and may, in its sole discretion, for any or no reason, delete any such Media Content. We have no obligation to credit any Customer or other author or creator in connection with any Media Content and may modify Media Content to remove any such credit. The license granted in this section shall survive any expiration or termination of your use of the Service or your removal or deletion of any such Media Content from the Service, meaning that after you are no longer a Customer, or if you remove or delete the Media Content, we nevertheless have the right to maintain copies of such Media Content that we and other Customers may continue to use in any way permitted by these Terms and Conditions.
Use of data: We reserve the right to use all data collected, processed or derived by us in relation to the Services, including de-identified Customer Content, for the purpose of industry trend and best practices reporting, statistical analysis and research and research relating to the development or improvement of any of our services or products. We will not publish or disclose statistical findings of individual Customer or Donor activity.
3.8 Monitoring and Enforcement; Termination
We have the right to:
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS YGG AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review Customer Content or Media Content before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
4. Customer Responsibilities
4.1 Responsibilities of Customers and Organization Administrators
4.1.1 Customer Responsibilities
Customers who use YGG’s products and services must comply with the following:
- You will administer and be responsible for access to the Services (including in particular granting rights to Organization Administrator(s) or Authorized User(s)) Note: Any person with access to your Account, or accessing the Account as Organization Administrator(s) or Authorized User(s), may be able to alter settings including beneficiary bank details. You must exercise special care to properly manage that access, to prevent fraud or other unauthorized access or use.
- You are responsible for the security of your Account. You must maintain and observe all reasonable security measures to protect your electronic systems from unauthorized control, tampering, or other unauthorized access.
- You must keep all passwords confidential and ensure you comply with strong password requirements. You should not share or otherwise disclose your password to any third party. You are responsible for ensuring that OrganizationAdministrator(s) and Authorized User(s) also maintain the confidentiality of their passwords and meet strong password requirements.
- You will use Services only for your legitimate business purposes and not (a) for any family, household or personal use or (b) to develop or offer any competitive product or service.
- You will comply with all applicable laws, rules, and regulations including laws regarding privacy and protection of consumer data.
4.1.2 Organization AdministratorResponsibilities
OrganizationAdministrators who use the Services must comply with the following:
Delays resulting from YGG applying holds, limits or reviews or relating to the time to may take for a transaction to be completed;
- You will follow the instruction of the Customer and comply with all policies and practices of Customer and YGG that are relevant to the use of the Services, including these Terms of Service.
- You shall provide us with all necessary rights, permissions and/or consents necessary to grant us the rights and licenses in these Terms of Service, and all rights, permissions and/or consents necessary for the lawful use and transmission of personal information and data that is required for the use and operation of theServices.
- You are responsible for the security of access to the Account.
- You must keep all passwords confidential and ensure you comply with strong password requirements. You should not share or otherwise disclose your password to any third party.
If you think that your Account or log-in credentials may have been compromised at any time, please notify us immediately at email@example.com.
4.2 Customer Content
Some of the Services allow the Customer (or its Organization Administrators orAuthorized Users) to enter data into the Services. This may include information related to third party individuals – for example, the names and addresses and other information relating to the Customer's members, and any donations from those members (“CustomerContent”).
Customer shall bear all responsibility for Customer Content. In particular, you will be responsible for the accuracy, quality and legality of all your CustomerContent, the means by which you acquired Customer Content, your use of CustomerContent with the Services, and the interoperation of any non-YGG applications you use in conjunction with the Services or Customer Content.
You hereby represent and warrant to YGG, and agree that during the Term, you will ensure that:
- You are the owner or valid licensee of the Customer Content and each element thereof, and you have secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained there in, without any obligation by YGG to pay any fees, residuals, guild payments or other compensation of any kind;
- Your use, publication and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any “moral right” or similar right however denominated;
- You will comply with all applicable laws, rules and regulations regarding the CustomerContent and will use the Customer Content only for lawful purposes; and
- You have used your best efforts to ensure that Customer Content is, and will at all times remain, free of all computer viruses, worms, trojan horses and other malicious code.
4.3 Media Content
The Services may contain interactive features that allow Customers to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “Media Content”) on or through the Services for use by YGG and other Customers and Authorized Users. All Media Content must comply with the Acceptable Use Policy.
You hereby represent and warrant to YGG that:
- You are the owner or valid licensee of the Media Content and each element thereof, and you have secured all necessary licenses, consents, permissions, waivers and releases for the use of the Media Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by YGG to pay any fees, residuals, guild payments or other compensation of any kind;
- Your use, publication and display of the Media Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any “moral right” or similar right however denominated;
- You will comply with all applicable laws, rules and regulations regarding the Media Content and will use the Media Content only for lawful purposes; and
- You have used your best efforts to ensure that Media Content is, and will at all times remain, free of all computer viruses, worms, trojan horses and other malicious code.
- All of your Media Content does and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any Media Content you submit or contribute, and you, not YGG, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any Media Content posted by you or any other user of the Services.
5. Limitation of Liability
As your sole and exclusive remedy for any Errors, YGG will endeavor to rectify any Error we determine to be solely YGG’s fault, for example, by appropriately crediting or debiting your Account for the difference in credits or debits due to our Error.
In no event will YGG's liability in connection with the services, including any software provided here under, or any error whether caused by failure to deliver, non-performance, defects, breach of warranty or otherwise, exceed the aggregate service fees paid to YGG by customer during the 3-month period immediately preceding the event giving rise to such liability.
YGG cannot guarantee continuous service, service, at any particular time, information, or content stored or transmitted via the internet. YGG will not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of data, information or content transmitted, received, of stored on its system, subject to applicable data breach notification laws.
Neither party shall be liable in any way to the other party or any other person for over draft fees, insufficient funds, inaccurate reporting, any lost profits or revenues, loss of use, loss of data or costs of procurement of substitute goods, licenses or services or similar economic loss, or any punitive, indirect, special, incidental, consequential or similar damages of any nature, whether foreseeable or not, under any warranty or other right here under arising out of or in connection with the performance or non-performance of any order, or for any claim against the other party by a third party, regardless of whether it has been advised of the possibility of such claim or damages.
6. Third Parties
6.1 Use of third parties
Subject to Clause 8 and the provisions of the YGG GDPR Data Protection Addendum, wherever applicable:You understand and accept that YGG uses third parties to assist in the delivery of its Services;By agreeing to these Terms or by using the Services, you agree to be bound by the Terms of those third parties where they apply;YGG accepts no liability for your use of these third-party service providers.
6.2 Website Links
The Website may contain hyperlinks and other pointers to websites operated by third parties. We do not control these third-party websites and are therefore not responsible for the content of any third-party website or any hyperlink contained in a third-party website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a third-party website or the products or services offered at a third-party website. Your visit to a third-party website is entirely at your own risk.
7.1 No disclosure
Each party will not, without the prior written consent of the other party, use or disclose to any person any Proprietary Information of the other party disclosed or made available to it, except for use of such Proprietary Information as required in connection with the performance of its obligations or use of theServices or as otherwise provided hereunder. Each party will (i) treat theProprietary Information of the other party as secret and confidential, (ii)limit access to the Proprietary Information of the party to those of its employees who require it in order to effectuate the purposes of this Agreement, and (iii) not disclose the
Proprietary Information of the other party to any other Person without the prior written consent of the other party.
7.2 Harm from disclosure
Each party acknowledges that disclosure of any aspect of the Proprietary Information of the other party shall immediately give rise to continuing irreparable injury to the other party inadequately compensable in damages at law, and, without prejudice to any other remedy available to the other party, shall entitle the other party to injunctive or other equitable relief. Upon expiration or termination of these Terms of Service for any reason, each party shall promptly return to the other party all Proprietary Information of the other party (including all copies thereof) in its possession or control.
8.2 Compliance with Laws
YGG and the Customer shall comply at all times with their respective obligations under Applicable Data Protection Legislation. In particular, the Customer is responsible for compliance with Applicable Data Protection Legislation and any relevant data protection and privacy laws that apply to them in relation to Customer-Collected Personal Data.
8.3 Data processing addendum
If there is any inconsistency between these Terms of Service and the provisions contained in the Addendum., the terms of the Addendum shall prevail.
If at any time the Addendum ceases to provide an appropriate safeguard (and, to that end, a lawful ground under Applicable Data Protection Legislation) for the transfer of personal data to a third country, territory or international organization outside the EEA, then, at the election of YGG, each party shall, at its own expense, execute and deliver any necessary documentation as may be required in order to enable the parties to continue to lawfully transfer personal data outside the EEA.
9. Copyright Policy
9.1 Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
[FIRST AND LAST NAME OF AGENT]
c/o Your Giving Group
901 Woodland Street, Suite 104
Nashville, TN, 37206
[TELEPHONE NUMBER OF AGENT]
[EMAIL ADDRESS OF AGENT FOR THIS PURPOSE]
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
9.2 Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
10.1 Entire Agreement; Amendments.
These Terms of Service, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. No additional terms or conditions relating to the subject matter of these Terms of Service shall be effective unless approved in writing by any authorized representative of you and YGG.
All notices and demands required or contemplated hereunder by one party to the other shall be in writing and, unless otherwise specified, shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses set forth below.
YGG Address for notice:
Your Giving Group
901 Woodland Street, Suite 104
Nashville, TN, 37206
Attention: Chief Financial Officer
YGG may give written notice to Customer via email to the Customer’s email address as maintained in YGG’s billing records. Either party may change its address or facsimile number for purposes of these Terms of Service by notice in writing to the other party as provided herein.
No failure or delay by any party hereto to exercise any right or remedy here under shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further the exercise of any other right or remedy. No express waiver or assent by any party here to to any breach of or default in any term or condition of these Terms of Service shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition here of.
10.4 Assignment; Successors
You may not assign or transfer these Terms of Service, or any of its rights or obligations hereunder, without the prior written consent of YGG.
YGG may assign its rights and obligations under these Terms of Service and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent (unless otherwise agreed). These Terms of Service shall be binding upon and shall inure to the benefit of the parties here to and their respective successors and permitted assigns.
10.5 Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under these Terms of Service (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts ofGod, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations here under.
Customers using the Services agree that during the term of these Terms of Service, YGG may publicly refer to Customer, orally and in writing, as a customer of YGG.Any other public reference to Customer by YGG requires the written consent ofCustomer.
10.7 Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of California, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in San Francisco, California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
10.8 Dispute Resolution
If there is a dispute, claim or controversy arising out of or relating to the breach, termination, enforcement, interpretation or validity of any provision of theseTerms of Service, either party may commence arbitration by providing a written demand for arbitration, setting forth the subject of the dispute and the relief requested. Arbitration will then be conducted in accordance with the following:
For disputes where the Customer is located in the United States, or where the Customer otherwise elects, by arbitration in San Francisco, California before a single arbitrator in accordance with the following:
- The arbitration will bead ministered by the American Arbitration Association under its CommercialArbitration Rules.
- The arbitrator will apply the substantive law of the State of California, exclusive of its conflict or choice of law rules.
- The parties acknowledge that this Agreement evidences a transaction involving interstate commerce.Notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to the terms of this Agreement.
Customers not located in the United States have the option to elect arbitration under theLondon Court of International Arbitration (LICA) Rules, which Rules are deemed to be incorporated by reference into this clause. For those disputes:
- The number of arbitrators shall be one.
- The seat, or legal place, of arbitration shall be a country as agreed or, failing agreement, London.
- The language to be used in the arbitral proceedings shall be English.
- The governing law of the contract shall be the substantive law of the state of California.
Nothing in this paragraph precludes the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Unless the terms and conditions of the Terms of Service explicitly state otherwise, expressions used in the Terms of Service have the following meanings:
Account means an account established to access the Services, including where it is opened for you to test the Service or for the purpose of demonstration.
Applicable Data Protection Legislation means a relevant law concerning the collection, use and disclosure of information which may identify an individual, where that law is binding on both YGG and the Customer, which may include:the EU GDPR;the Data Protection Act 2018 (UK);The Personal Data Protection Act 2012 (Singapore);The California Consumer Privacy Act of 2018; orThe Privacy Act 1988 (Cth) and any code registered under the Privacy Act or Australian Privacy Principles.
Authorized Users are users who are granted permission to access the Services by either (i) a Customer, (ii) anOrganization Administrator, or (iii) another Authorized User that has been given the permissions to add additional Authorized Users by an OrganizationalAdministrator.
Customer means any organization or individual who establishes an account with YGG or uses a Service but does not includeMembers or Donors.
Customer-Collected Personal Data means personal data processed by the Customer in the course of or relating to using the Services.
Donors are individuals who use the Giving service to donate to their organization or individual (a Customer) of choice.
Error includes an Unauthorized Transaction, a transaction that is missing from or not properly identified in your YGG account statement, a computational or mathematical error related to your Account.EU GDPR means Regulation (EU) 2016/679 of theEuropean Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of Personal Data, and repealing Directive 95/46/EC.
Law means any law applying to the provision or use of the Services. Members are individuals who are usually associated with a Customer (for example, members of a Customer congregation).
Members may access the Services via an Authorized User account. Information including CustomerContent about Members may be entered into a Service directly by the Member or by a Customer.
Organization Administrator means any user who has been granted permission to manage, access or make decisions concerning a Customer’s Account by the owner of that Customer Account.
Personal Data, for information for which the Applicable Data Protection Legislation:
- is the GDPR, has the meaning given to it in the GDPR;
- is the Privacy Act 1988 (Cth), has the meaning given to “personal information” in the Privacy Act 1988 (Cth), or
- is the California Consumer Privacy Act of 2018, has the meaning given to “personal information” in the California Consumer Privacy Act of 2018
Service means any service provided by YGG including Giving, Church Management Software, Websites, Events, Media and Applications.
Service Fee means the transaction fee or pricing listed for the relevant Service on the “Pricing” page of the Website.
Software means all software owned and designed by YGG.
Term means the period of time referred to in clause 3.2.
Unauthorized Transaction includes any transaction where an amount is debited or credited to an Account without authorization.
You means a person or entity using the Services or visiting the Website (and includes Customers and Donors).
YGG includes Tithe.ly and all wholly owned subsidiaries and affiliates. For a complete list of YGG’s wholly-owned subsidiaries and affiliates, click here.