TERMS OF USE

External Policies (Incorporated by Reference)

The terms set forth in this document are supplemented by the following Policies, which form an integral part of the Terms of Use (incorporated by reference):

Terms and Definitions

The following terms are used in this Agreement:

General Terms of Use

1. Introduction

This text constitutes a legally binding agreement between the User and DonateOpen Co. Wherever the term "DonateOpen" or "Platform" is used herein, it refers to DonateOpen Co., unless expressly stated otherwise. The Policies referenced above (Privacy Policy, User Content Policy, etc.) form an integral part of this Agreement. DonateOpen reserves the right to amend the terms of use, policies, and rules by notifying Users via email and/or by posting an updated version on the website. By continuing to use DonateOpen, you automatically agree to the updated terms. This ToU and all Policies incorporated by reference constitute the entire agreement between you and DonateOpen with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written, between the parties relating to such subject matter.

2. Legal Status of DonateOpen

2.1. DonateOpen is an information technology service provided by DonateOpen Co., offering Creators and Donators an exclusively digital interface. The functionality of the Platform is limited to the provision of technical tools: hosting public Creator pages, providing tools for accepting voluntary donations through an integrated third-party payment provider, Stripe, displaying ratings, metrics, and other ancillary technological features.

2.2. Nature of the Relationship Between Donator and Creator. Any donation made through the Platform constitutes a unilateral gratuitous transaction between two independent parties — the Donator and the Creator. DonateOpen is not a party to this transaction, and does not act as a participant, attorney-in-fact, agent, or representative of either the Donator or the Creator. All rights, obligations, and any claims arising in connection with such a transaction arise and are resolved exclusively between the Donator and the Creator.

2.3. The Platform Does Not Process or Hold User Funds. All monetary transfers are made directly between the Donator and the Creator through a third-party licensed payment provider (Stripe). DonateOpen does not at any time receive, hold, accumulate, manage, or transfer User funds; does not issue electronic money; does not open or maintain payment accounts; does not provide escrow or custody services for funds.

2.4. What DonateOpen Is Not. For the purpose of eliminating any ambiguity in the legal characterization of the Platform's activities, the User expressly acknowledges that DonateOpen IS NOT and DOES NOT act as:

2.5. No Guarantee of Results. DonateOpen does not guarantee or promise Creators any level of income, audience reach, inclusion in ratings, receipt of donations, or achievement of financial, reputational, or other goals. No element of the Platform, including ratings, metrics, promotional tools, and public communications of DonateOpen, shall be construed as a promise of earnings, an investment offer, a proposal, or a guarantee of commercial results.

3. Registration on DonateOpen and Account Creation

To use DonateOpen features, the User must be at least 18 years of age. The User is required to provide accurate information upon registration. The User bears sole responsibility for the security of their login credentials (access is made via email). The User is required to immediately notify DonateOpen of any unauthorized use of their account. DonateOpen shall not be liable for any losses caused by the theft or loss of access credentials. By registering on DonateOpen, the User agrees to receive all legally significant notifications, policy updates, and system messages electronically to the specified email address. Electronic notifications are mandatory and have full legal force equivalent to written documents.

4. Payments, Fees, and Stripe Integration

DonateOpen is not a payment system, does not process payments, does not hold User funds, and is not a party to the transaction (gift agreement) between the Donator and the Creator.

Stripe Integration: Payment services are provided by Stripe. By agreeing to these ToU, you also agree to the Stripe Terms of Service. Should additional providers be added, these Terms of Use will be updated accordingly.

Nature of Payments and No Refunds: A donation on DonateOpen is a voluntary act of expressing genuine gratitude to a Creator for their specific work or overall activities. It is a gratuitous form of support, not a purchase of goods or services. Accordingly, all payments are final, non-refundable, and not subject to dispute (chargeback). DonateOpen does not handle your funds, does not process refunds, and does not participate in disputes. All transfers are made directly between the Donator and the Creator. By making a donation, you confirm your waiver of the right to seek a refund from the Platform; the right to a refund may only be exercised through a direct dispute with the recipient of the donation (the Creator).

DonateOpen Fee: This fee for the provision of the technological interface is automatically deducted by the Stripe system at the time of the transaction and is non-refundable under any circumstances, even if the Creator subsequently refunds the money to the Donator.

Virtual Mechanics (Negative Donations / Wish to Donate): DonateOpen features designated as "Negative Donation" or "Wish to Donate" are exclusively influence and reputation metrics. They do not constitute financial transactions, do not result in charges to Donators' bank cards or any other physical and digital wallets, and do not result in the withholding or debiting of actual funds from Creator accounts. Detailed rules governing these metrics are described in our DonateOpen Rating Policy.

5. DonateOpen Intellectual Property

This section establishes the User's basic obligations to the Platform and represents industry standard practice. The source code, design, brand, logo of DonateOpen, interfaces, and algorithms are the exclusive property of DonateOpen Co. If the User provides DonateOpen with any ideas, suggestions, or feedback for improving the Platform ("Feedback"), the User hereby grants DonateOpen, free of charge, all exclusive rights to use, modify, and implement such Feedback without any obligation to pay remuneration.

6. Technical Prohibitions

Users are prohibited from: reverse engineering of DonateOpen's code, using automated scrapers for data collection, organizing DDoS attacks, any attempts to circumvent DonateOpen's security systems, as well as introducing viruses, trojans, or other malicious code.

7. Disclaimer of Warranties

Access to DonateOpen is provided on an "AS IS" and "AS AVAILABLE" basis. DonateOpen does not guarantee uninterrupted operation of the website, the complete absence of technical errors (bugs), or that the use of DonateOpen will result in successful fundraising or the achievement of a Creator's financial goals.

8. Limitation of Liability

Under no circumstances shall DonateOpen, its directors, employees, or partners be liable for any indirect, punitive, incidental, or reputational losses of the User. The maximum aggregate liability of DonateOpen for any claim is strictly limited to the amount of fees actually paid by the specific User to DonateOpen in the six (6) months preceding the filing of the claim.

9. Right of Termination

DonateOpen reserves the unconditional right to suspend or delete any account, and to deny any person access to DonateOpen at any time, for any reason, and without prior explanation. The suspension or deletion of a Creator's account on the DonateOpen platform means exclusively the closure of access to our technological interface and the removal of the public campaign page. This action does not result in the automatic suspension of your Stripe Connected Account. DonateOpen does not have access to your funds and does not freeze them. All matters relating to the withdrawal of funds accumulated prior to the suspension of the DonateOpen profile are resolved by the Creator directly with Stripe in accordance with their terms of service.

10. Governing Law and Dispute Resolution

This Agreement is entered into with DonateOpen Co. and is governed by and construed in accordance with the laws of the State of Delaware (USA). Any disputes arising in connection with the use of DonateOpen shall be resolved exclusively in the competent courts of the State of Delaware (USA).

11. Class Action Waiver and Individual Dispute Resolution

To the maximum extent permitted by applicable law, the User and DonateOpen each waive any right to bring claims against the other as a plaintiff or class member in any purported class action, collective action, or representative proceeding. All disputes between the User and DonateOpen shall be resolved on an individual basis only. This waiver does not affect the User's right to bring an individual claim before a competent court in accordance with Section 10.

12. External Links and User Content

DonateOpen does not review and is not responsible for any external links, materials, or promises that Creators post on their pages. Full responsibility for the content of campaigns lies exclusively with the Creators. Any complaints regarding fraud or infringement of rights are accepted at: support@donateopen.com. The complete rules for content publication, the obligations of the parties, and the procedure for resolving claims in respect of published materials are set forth in our User Content & DMCA Policy.

13. Force Majeure

DonateOpen shall not be liable for any failure or delay in the performance of its obligations under this Agreement where such failure or delay arises from causes beyond DonateOpen's reasonable control, including but not limited to: acts of God, natural disasters, epidemic or pandemic, war, acts of terrorism, civil unrest, actions of governmental or regulatory authorities, sanctions or export restrictions, failures of third-party infrastructure or communications networks, failures or actions of Stripe or other third-party service providers, or interruptions to internet connectivity. In any such event, DonateOpen's obligations are suspended for the duration of the relevant circumstances. This section does not affect the User's right to cease using the Platform.

14. Assignment

DonateOpen reserves the right to assign or transfer its rights and obligations under this Agreement, in whole or in part, to any successor entity, affiliate, or acquirer of DonateOpen's business or assets, without prior notice to or consent from the User. Users may not assign or transfer their rights or obligations under this Agreement to any third party without DonateOpen's prior written consent. Any purported assignment by a User in violation of this section shall be null and void.

15. Severability

If any provision of this Agreement or of the Policies incorporated by reference is found by a competent court or authority to be invalid, unlawful, or unenforceable in any jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it valid, lawful, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. The validity, lawfulness, and enforceability of the remaining provisions of this Agreement shall not be affected in any way.

16. Waiver

No failure or delay by DonateOpen in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

Special Terms for Creators and Donators

Creator Terms

Payment Setup: To receive funds, the Creator creates a Stripe Connected Account. This process is governed by the Stripe Connected Account Agreement.

Suspensions: If Stripe suspends or blocks a Creator's account for compliance, fraud, or violations of Stripe's policies, DonateOpen bears no responsibility for this.

Compliance: The Creator agrees to publish materials in strict accordance with the User Content Policy and not to use DonateOpen for activities prohibited by the Compliance Policy.

Taxes: The Creator bears sole responsibility for determining, declaring, and paying any taxes (including, but not limited to, income tax) applicable to donations received in their jurisdiction. DonateOpen does not withhold taxes at source and does not provide tax advice.

Donator Terms

Payment Processing: By making a payment on DonateOpen, the Donator agrees to the payment processing terms established by our payment partner (Stripe).

Anonymous Donations: By selecting the "Anonymous Donation" option, the User agrees that their name and transaction amount will be hidden from public view on the DonateOpen page. However, this option does not conceal the identity of the Donator from the Creator or the payment partner (Stripe), to whom the data is transmitted for payment processing, tax compliance, and KYC purposes. Additional information is contained in our Privacy Policy.