Nonprofit Participant Agreement

General

This Nonprofit Participant Agreement ("Participant Agreement") and the Terms of Use and Privacy Policy comprise the terms and conditions regarding your participation as a nonprofit organization who may be eligible to receive donated funds from users, as described herein.

"EvenUp," "we," "us," or "our" refers to EvenUp, LLC d/b/a EvenUp, and "Nonprofit Participant," "you" or "your" refers to the charitable organization seeking to become eligible to receive donated funds from our users. The "Website" refers to www.evenupfunding.org, and the "Application" refers to the associated web and mobile application provided by us.

If you create a Participant Account through either the Website or the Application, you agree to this Participant Agreement, as well as the Terms of Use and Privacy Policy applicable to all users.

By creating a Participant Account, you represent and warrant that you are an authorized representative of a bona fide nonprofit organization; have the authority to bind that nonprofit organization to, and agree to be bound by, this Participant Agreement, the Terms of Use, and Privacy Policy; will comply with all applicable local, state, and federal laws governing nonprofit organizations and charitable solicitation; and will indemnify and defend EvenUp for any fine or penalty that EvenUp may incur as a result for your failure to comply with such laws.

If you do not agree to any portion of this Participant Agreement or the Terms of Use and Privacy Policy, you are expressly prohibited from creating a Participant Account or using the Website and the Application, and must terminate your use of the Website and Application immediately.

About Us

EvenUp is a software platform that enables users to easily make a tax-deductible donation a Nonprofit Participant of their choice. By becoming a Nonprofit Participant, you will appear on our list of participating nonprofit organizations. Users will be able to select the Nonprofit Participant of their choice from the list.

EvenUp is not a professional fundraiser. EvenUp does not actively promote any individual Nonprofit Participant. The decision to donate to any Nonprofit Participant, and the amount of any donation, is within the sole discretion of our users. EvenUp does not solicit funds from users in any manner whatsoever, whether by e-mail or other mode of communication.

Participant Account Registration

To become a Nonprofit Participant, you must provide information necessary to create an account ("Participant Account"), including, without limitation, your nonprofit organization's name, contact email address, phone number, postal address, and tax identification number.

Your Participant Account will be subject to approval by EvenUp. EvenUp may approve or disapprove the registration of any Participant Account in its sole discretion. An organization will be considered as a Nonprofit Participant only if it is recognized by the Internal Revenue Service as a nonprofit organization, as defined in Section 501(c)(3) of the Internal Revenue Code, and follows state regulations regarding charitable solicitation. However, recognition as a nonprofit organization by the Internal Revenue Service in no way guarantees approval as a Nonprofit Participant by EvenUp.

Upon approval or disapproval of your Participant Account, EvenUp will send you written confirmation via email.

The creation of a Participant Account is subject to the terms and conditions governing User Accounts as set forth in the Terms of Use. The information you provide will be used in a manner that is consistent with this Participant Agreement, the Terms of Use, and the Privacy Policy.

Term and Termination

Your Participant Account will remain active unless and until it is terminated by you or by EvenUp. Your Participant Account may be terminated by you or EvenUp at any time and for any reason. You may terminate your Participant Account by submitting an email to nonprofit@evenupfunding.org. EvenUp may terminate your Participant Account with or without notice.

If a Participant Account is terminated, any funds donated by users prior to termination will be remitted to the Nonprofit Participant, and no future donations will be processed.

Consent to Third Party Terms and Conditions and Policies

To carry out the services provided to you through the Website and Application, EvenUp works with two third-party service providers: (1) Plaid, which is a service that enables users to have access to their bank accounts through the Website and Application, and (2) Stripe, which is a service that works directly with you, the Nonprofit Participant, to transmit user donations.

Accordingly, by using the Website or the Application, you also consent to the legal terms and conditions and privacy policies of Plaid and Stripe. Those terms, conditions, and policies can be found at: https://plaid.com/legal/ and https://stripe.com/us/legal/, respectively.

You are responsible for evaluating whether to consent to the legal terms and conditions and privacy policies of Plaid and Stripe. EvenUp is not responsible for any features, content, advertising, products, or other materials on other websites or applications, including the respective services of Plaid and Stripe. You assume all risk for, and EvenUp disclaims all liability arising from, your use of other websites and applications, including the respective services of Plaid and Stripe. EvenUp is not responsible for any disputes or disagreements that may arise between you and any third party, including Plaid and Stripe.

If you do not consent to the legal terms and conditions and privacy policies of Plaid and Stripe, you are expressly prohibited from creating a Participant Account and from using the Website and the Application.

EvenUp Fees

Donations to 501(c)(3) nonprofits are 100% tax deductible. When our users donate funds to the Nonprofit Participant of their choice, EvenUp will collect a fee of $1.00 per active user, per month. In addition, EvenUp will collect an ACH processing fee of 7% of the total donation amount. For purposes of this section, an "active user" is a user who donates a minimum of $5.00 per month. All monetary donations are in United States Dollars.

Tax Donation Receipt

By using the Website or the Application and maintaining an active Participant Account, you agree to issue tax donation receipts to each of the donors to your organization each calendar year, as required by the Internal Revenue Service.

Agreement to Terms of Use and Privacy Policy

By using the Website or the Application and maintaining an active Participant Account, you expressly consent and agree to the Terms of Use and Privacy Policy applicable to all users of EvenUp's Website and Application. The Terms of Use and Privacy Policy include various additional terms, including, but not limited to, further representations and warranties, disclaimers of liability, limitations of liability, binding arbitration (applicable in jurisdictions where enforceable), prohibited uses of the Website and Application, and the manner in which information about you is collected, stored, used, or shared. It is your responsibility to review these additional terms carefully.

Last modified: 2017-05-20