Terms of Service

1. Acceptance of Terms

By accessing and using OpenGiving, you accept and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our services.

2. Description of Service

OpenGiving operates an online marketplace alongside a fundraising platform. Independent sellers list physical goods, digital downloads and freelance services, and may direct a share of each sale to a fundraising campaign. Separately, users can contribute directly to campaigns created on the platform. OpenGiving LLC holds and disburses the funds for both.

3. User Accounts

To use certain features, you must create an account. You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use
• Be responsible for all activities under your account

4. Campaign Guidelines

Campaign creators must:

• Provide truthful and accurate information
• Use funds only for stated purposes
• Comply with all applicable laws and regulations
• Not create campaigns for illegal, harmful, or fraudulent purposes

5. Payments

Payments are processed by our payment providers. By making a purchase or a contribution:

• You authorize the charge to your payment method
• You understand that we charge a platform fee on each transaction
• You agree that OpenGiving receives and holds the funds, and disburses them as described in the sections below

6. Marketplace Purchases

When you buy a physical item, a digital download or a service, you are entering into a sale with the seller. We hold your payment and do not release it to the seller until delivery is confirmed:

• Physical goods — you give the seller a four-digit confirmation code when the item reaches you
• Digital downloads — on your first successful download
• Services — when you accept the delivered work, or automatically three days after delivery if you do not respond

Sellers are paid only into a payout account that has completed our payment provider's identity verification. A seller may choose to direct a share of each sale to a fundraising campaign; that share is shown to you before you pay.

7. Refunds and Disputes

Marketplace purchases. You may request a refund at any time before the funds are released to the seller. The seller reviews the request; if they decline it, you can ask OpenGiving to review, and our decision is final. Approved refunds are returned to your original payment method.

Services. Rather than accepting delivered work, you may raise a dispute. We review the brief, what was delivered and both accounts, and either release payment to the seller or refund you.

Digital downloads. A download cannot be returned, so refunds after a successful download are at our discretion. If an item is not as described, request a refund before downloading it.

Contributions to campaigns. A contribution funds a campaign and is not automatically refundable, because the funds may already have been passed to the organizer. If a contribution was made in error or without your authorization, or you believe a campaign misrepresented itself, contact us within 60 days and we will review it. Where we remove a campaign for breaching these Terms, we refund contributions that have not yet been disbursed.

Please contact us at support@opengiving.me before disputing a charge with your bank — we can usually resolve it faster.

8. Prohibited Activities

You agree not to:

• Use the service for any unlawful purpose
• Impersonate others or provide false information
• Interfere with or disrupt the service
• Attempt to gain unauthorized access to our systems
• Harass, abuse, or harm other users

9. Intellectual Property

Users retain ownership of content they create. By posting content, you grant us a license to use, display, and distribute it in connection with our services.

10. Disclaimer of Warranties

Our services are provided “as is” without warranties of any kind. We do not guarantee that the service will be uninterrupted, secure, or error-free.

11. Limitation of Liability

To the fullest extent permitted by law, OpenGiving shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services.

12. Changes to Terms

We may update these terms from time to time. We will notify users of material changes. Continued use of our services after changes constitutes acceptance of the new terms.

13. Contact Information

For questions about these Terms of Service, please contact us at:

Email: legal@opengiving.me