We may amend or modify this Agreement at any time by posting via the Cheerful Services or e-mail to you, and the revised Agreement shall be effective at such time. We may modify or discontinue any portion of the Cheerful Services, and/or suspend or terminate your access to the Cheerful Services at any time without notice to you. You automatically agree to the terms of affiliated third parties including Stripe, Plaid and Cheerful, Inc.. You agree that we shall not be liable to you or any third party for any modification or termination of the Cheerful Services, and/or suspension or termination of your access to the Cheerful Services.
• “Donor” or “End User” means any person who ultimately uses or is intended to ultimately use the Cheerful Platform.
• “Organization”, “Charity”, or “Donee” means any beneficiary organization listed on the Cheerful Services to which donors can make financial contributions.
• “Donation”, “Transaction”, “Financial Contribution”, or “Contribution” means any action which results in a financial contribution being made to a selected organization by a donor.
• “Content” means the end products of consulting, coordinating and creative services including concepting, design, copywriting and rich media. All products of these services, also referred to as Content; including assets, files, presentations, renderings and intellectual property originated by Cheerful, Inc. is the property of the organization.
• “Stripe” means Stripe, a provider of payment processing services.
• “Plaid” means Plaid Technologies, Inc., a provider of bank account authentication, identity validation, and payment detail and account balance capture services which support ACH transfers.
• “Spare Change”, “Round Up” or “Round Ups” means the amount of money donated based on the difference between an organic merchant credit or debit card charge and a full dollar amount of credit card or debit card charge selected by the Donor. For example, where the merchant’s credit or debit card charge for an item is $23.25, the Donor has directed the Service to round up to the nearest five dollars and donate the difference, the Round-Up is $1.75. Another example is where the merchant’s credit or debit card for an item is $11.22, the Donor has directed the Service to round up to the nearest dollar and donate the difference, the Round Up is $0.88.
• “Platform” means a technology or online service domain including but not limited to mobile and web applications, websites, and all related products and/or services
• “IRS” means Internal Revenue Service
Your donation is managed by Cheerful, Inc., a 501(c)3 public charity, EIN 81-3470281. Cheerful, Inc. ("Cheerful") makes every reasonable effort to respect the wishes of its donors. However, to comply with federal tax laws and Internal Revenue Service regulations, Cheerful must retain the exclusive authority, discretion, and legal control over all donated funds. In the rare event that the charity you have advised does not satisfy Cheerful's criteria or otherwise enable Cheerful to disburse your donation(s) (reasons for this include issues like: they do not or cannot accept donations, are not recognized by the IRS as a public charity, or are not in good standing with federal or state regulators, etc.), Cheerful may select an alternate nonprofit organization to receive the donation or have the donation allocated to a fund maintained by Cheerful and used solely for charitable purposes, including, but not limited to, mission-based activities and grants.
Cheerful's distributions to or for the benefit of your advised charity and/or purpose must not be used for the personal benefit of you, or any other donor advisor, or any other purpose conferring impermissible private benefit.
Donor Contribution Disclaimer
We use data from 3 different data sources to verify the good standing of all beneficiary organizations listed on the Cheerful Platform. Those sources are:
1. IRS Exempt Organizations Business Master File Extract (EO BMF): a list of organizations recognized as exempt by the IRS
2. IRS Publication 78: Exempt Organizations Select Check Database
3. Office of Foreign Assets Control (OFAC), in compliance with the USA PATRIOT Act.
Although we make a good faith effort to verify each organization listed on the Cheerful Services is eligible to receive tax-deductible contributions, we do not guarantee, whether explicit or implied, the exempt status of any organization listed on the Cheerful Services to federal income tax or their eligibility to receive tax-deductible contributions. The verification of an organization’s eligibility to receive tax-deductible contributions and the determination of the extent to which your contribution(s) is deductible is fully the responsibility of you, the donor. We highly advise that you, as a donor, consult an attorney, accountant, and/or financial advisor before making any donation. Any donation made on the Cheerful Services is done so at your own risk.
Cheerful is not responsible for understanding or verifying how your money will be used by the charity. You are fully responsible for understanding such information prior to making a donation. We are not obligated to verify the accuracy of any information provided or posted by the charity, and we assume no responsibility to verify if your donation will be used in accordance with any fundraising purpose, or if any funds raised are used in accordance with any applicable laws.
Receipt of Charitable Donation
Cheerful shall make a receipt of your charitable donations accessible to you so that you may be able to substantiate, as required by the Internal Revenue Code of 1986, as amended, your charitable contributions for federal income tax purposes. While Cheerful will use its commercially reasonable best effort to provide the appropriate documentation for your contribution to qualify as a tax deduction, Cheerful does not represent, warrant, or guarantee that you will receive such documentation or that the IRS will ultimately recognize your contribution as being tax deductible.
Permitted Uses by Organization Administrators
Any User who creates an account and receives financial contributions through the Cheerful Services is subject to the following specific terms.
By enrolling your Organization and raising funds through the Cheerful Services, you, as an organization administrator, represent and warrant that: (i) you are an authorized representative of the organization with the authority to solicit donations for the organization and are not impersonating any entity or otherwise misrepresenting your affiliation with an entity; (ii) any contributions collected through Cheerful Services will be used solely as described or implied in the materials or information you post or otherwise provide through Cheerful Services; (iii) all information you provide through Cheerful Services is complete, accurate, and is not designed to mislead, defraud, or deceive any user; (iv) you will comply with all applicable laws and regulations when you use the Cheerful Services and solicit funds through Cheerful Services; (v) the organization or charity you represent has and will maintain tax-exempt status under Section 501(c) of the Internal Revenue Code; (vi) if you do not have tax-exempt status at the time of your account creation, you must disclose to Cheerful Services, in an express written statement (in a conspicuous and easily recognizable format) that contributions to your organization are not deductible for federal income tax purposes as charitable contributions according to Section 6113 of the Internal Revenue Code. (vii) if you receive notice that your tax-exempt status has been revoked and you, the organization administrator, have previously created an account on Cheerful Services, you are subject to the requirements in section (vi) above. You must provide Cheerful Services with an express written statement as described in section (vi) above within 14 days of your notice of revocation. You may send such written statement to email@example.com so long as it is sent from your organization’s official email domain and is accurately signed with your name, job title, and telephone number included.
You expressly authorize Bstow, Inc. (dba Cheerful) and Cheerful, Inc. to collect applicable platform and processing fees for carrying out their services. Platform fees are accessed according to the subscription-based plans outlined at cheerfulgiving.com/pricing or by the pricing and terms negotiated under a separate software-licensing agreement. When you enroll your organization in the Platform, you are agreeing to pay for the features associated with your selected plan. You agree and understand that Bstow, Inc. (dba Cheerful) and Cheerful, Inc. shall process agreed upon platform fees on a monthly basis. Fees shall cover the use of licensed product for the month following payment. Payments will automatically recur each month unless a customized payment plan is negotiated in writing. You may terminate agreement at any time via email to firstname.lastname@example.org; however, no refunds of platform fees will be paid for unused days in the month of receipt of cancellation request. For questions and requests, please email us at email@example.com.
You expressly authorize Bstow, Inc. (dba Cheerful) and Cheerful, Inc. to collect applicable processing fees for carrying out their services. There is a 0% processing fee on donations made via the Platform up to $50,000 raised to Organizations that have supplied authorized direct deposit information. A processing fee of 2.5% will be collected on every dollar raised after a lifetime total of $50,000 has been reached per Organization. If an Organization has not supplied direct deposit information, Cheerful will collect a 5% processing fee to carry out the work of administering a physical check and sending it to the address listed in the IRS database of the advised Organization. The processing fee shall not necessarily qualify for charitable deduction. Fees are subject to change.
Power of Attorney
For as long as you are using the Cheerful Services, you give to Bstow Inc. (dba Cheerful) (“Attorney-in-Fact”) a limited power of attorney and appoint Cheerful as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to (a) use any credit cards in your name which you have provided to Cheerful and which you have selected to be used by the Cheerful Services, Site and/or Application; (b) make deposits and withdrawals from any banking, savings, or brokerage accounts in your name including certificates of deposit, which you have provided to Cheerful and which you have selected to be used by the Cheerful Services, Site and/or Application; (c) allow Cheerful’s employees or independent contractors to review the information you have provided to Cheerful for its assistance in legal, tax, bookkeeping, financial, and housekeeping matters; and (d) make contributions and/or charitable gifts on your behalf using processes deemed most appropriate by Cheerful, including but not limited to escrowing of funds meant for contribution and use of disbursement companies and payment gateways to deliver funds in a timely fashion, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with the Cheerful Service, as fully to all intents and purposes as you might or could do in person. Once Cheerful has actual knowledge that you wish to cease using the Cheerful Service as provided in this Agreement or as otherwise permitted in this Agreement and has a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by Cheerful in good faith before it has actual knowledge of termination by you shall be deemed to be authorized by you. To notify Cheerful that you wish to discontinue using the Cheerful Service, you may send us an email as provided in this Agreement.
This limited power of attorney is given in compliance with the requirements of 12 Del. C. $ 49A-101 et.seq.. This limited power of attorney is given primarily for a business or commercial purpose and is given to facilitate a specified transfer or disposition of one or more assets, whether real, personal, tangible or intangible in accordance with 12 Del. C. $ 49A-103(a)(1) and (7).
You hereby revoke all prior Powers of Attorney that you may have previously executed to the extent that they contradict or nullify powers granted in this agreement (except for those for health care matters) and you retain the right to amend or revoke this Power of Attorney and to substitute other attorneys in place of the Attorney-in-Fact appointed herein by closing your account with Cheerful and deleting the Application from your mobile device.
The authority of your Attorney-In-Fact shall terminate if you become disabled or incapacitated once you or your personal representative, as applicable, provides actual notice to Cheerful that this Power of Attorney is to be terminated. Notwithstanding the above, any act done by Cheerful in good faith before it has actual knowledge of your death or incapacity shall be deemed to be authorized by you.
This Power of Attorney shall be construed in accordance with the laws of the State of Delaware. The powers granted to the Attorney-in-Fact shall stay in effect for either the principal’s entire life or until revoked by the principal (whichever occurs first).
This Power of Attorney is effective immediately upon registration with the Cheerful Services, Site and/or Application. By using the Cheerful Services, Site and/or Application, you agree to all terms and that you have entered into this agreement with appropriate number of witnesses according to laws of the state in which you reside and/or use the Cheerful Services, Site and/or Application.
YOU ACKNOWLEDGE AND AGREE THAT WHEN CHEERFUL, INC. IS ACCESSING AND RETRIEVING INFORMATION FROM THE CHEERFUL SERVICES, SITE, AND/OR APP, CHEERFUL, INC. IS ACTING AS YOUR AGENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WHEN CHEERFUL MAKES WITHDRAWALS OR DEPOSITS FROM ANY BANKING ACCOUNT, SAVINGS ACCOUNT, BROKERAGE ACCOUNT, CREDIT CARD, DEBIT CARD OR OTHER SIMILAR ACCOUNT WHICH YOU HAVE PROVIDED TO CHEERFUL, CHEERFUL, INC. IS ACTING AS YOUR AGENT. YOU AGREE THAT CHEERFUL, INC., ITS AFFILIATES AND PARTNERS SHALL BE ENTITLED TO RELY UPON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU.
Content and Materials
Cheerful retains all rights and ownership of its Content for use. Organizations may have a worldwide license to Content on Cheerful’s Platform and promotional material, so long as the Organization is using it for the purpose of processing charitable transactions through Cheerful’s Platform and not another Platform or website. Any Organizations’ use or promotion of Cheerful’s Content that expressly directs the public toward any other third party payments processor (including the Organization’s own website) is in direct violation of this Agreement.
We respect the intellectual property of others and ask that users of our Site, Application and Services do the same. In connection with our Site, Application and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing Materials and for the termination, in appropriate circumstances, of users of our Site, Application and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, Application and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing Material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. $ 512(c)) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the Materials on our services that you claim is infringing and that you request us to remove; (d) sufficient information to permit us to locate such Material; (e) your address, telephone number, and email address; (f) a statement that you, in good faith, believe that use of the objectionable Materials are not authorized by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyrighted owner. Please note that, pursuant to 17 U.S.C. $ 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects to the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated copyright agent can be contacted via email at firstname.lastname@example.org
Links to Other Sites
The Site, Application and Cheerful Services contain links to other independent third-party websites, and we provide links to third-party websites as part of the Cheerful Services (in all cases “Linked Sites”). We are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. Some of the content served by us will be from merchant sites, and sales through these sites may generate a commission payable to us.
Permitted Donor Uses
Cheerful Donor Services
Cheerful authorizes its users to use our interactive platform to search, research, explore, and discover charities, to track and access your historical contributions (including one-time, recurring, and Round Up donations) made to selected charities, and to make financial contributions (via our third party payment gateway outside of the Application) to organizations listed on the Cheerful Platform. Commercially reasonable best efforts will be made to send your contributions to the charity you specify within the Cheerful Platform, and will be sent to a similar charity if contributions cannot be sent to your specific charity for any reason.
We are always working on new ways to improve our Services. We reserve the right to modify or change our Site, the Application or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Site, the Application or any Services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue the Site, the Application or any Services.
You may not use the Cheerful Site, Application or Services for any illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the laundering of proceeds of any unlawful activity, the financing of terrorism, the commission of fraud or market manipulation, the harassing or making of disparaging comments to any user of the Cheerful Services, Site or Application. We reserve the right to take preventive or corrective actions to protect ourselves and our users. We reserve the right to disallow contributions to any charity if we determine the legality of their operations (as it relates to IRC 501(c)) is in question, their exempt status has been revoked, or if they will not accept contributions through the Cheerful Services. We make a good faith effort to only allow contributions to charities approved by the IRS and which maintain their status as a 501(c)(3) on a quarterly basis. If an organization is no longer a 501(c)(3) or does not accept contributions, we will send the contributions to a similar organization that is eligible or use for charitable purposes aligned with the Cheerful, Inc. charter. Types of organizations to which we allow contributions are subject to change. Your use of the Site, the Application and Cheerful Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Site, the Application and Cheerful Services and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Site, the Application and Cheerful Services, you may not, except as may be expressly set forth above under “Permitted Uses” (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, Application or Cheerful Services ; (f) “frame” or “mirror” any portion of the Site, Application or Cheerful Services ; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, Application or Services; (h) harvest or collect information about or from other users of the Site, Application or Services; (i) use the Site, Application or Cheerful Services for any illegal activity; (j) probe, scan or test the vulnerability of the Cheerful Services, Site or Application, or breach the security or authentication measures on the Cheerful Services, Site or Application or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Cheerful Services, Site or Application, including without limitation a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of the Company, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Company; (o) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section. Outside of charitable rewards provided to donors and Organizations for the purpose of encouraging generosity, the Cheerful Platform shall not be used for quid pro quo arrangements whereby goods and/or services are provided in consideration of charitable gifts.
Your reliance upon the information available on the Site or Application or located through utilization of the Cheerful Services and your interactions with third users identified through the Cheerful Services is solely at your own risk. Your interactions with other users or advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damages incurred as the result of any such dealing or with respect to any other person’s or entity’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the Cheerful Services.
Limitation of Remedies
In no event shall the company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages or any damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, the Application or related Services, the provision of or failure to provide the Cheerful Services, or for any content, software, products and services made available or obtained through the Site, the Application, or their respective content, or otherwise arising out of the use or access of the Site, use of the Application or use of the Cheerful Services, whether based on contract, tort, negligence, strict liability or otherwise, even if the company has been advised of the possibility of damages, any services or content made available or obtained through the use of the Site or the Application, and all other use of the Site or Application, is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.
You agree to indemnify and hold Cheerful, its affiliates, Service Providers, and each other their respective officers, directors, agents, joint venturers, employees, independent contractors and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees, or penalties imposed by any regulatory authority) arising out of or related to: (a) your breach of this Agreement, (b) your use of the Cheerful Services, or (c) your violation of any law, rule or regulation, or the rights of any third party.