Terms of Use

The parties

Touch & Give is operated by:

Meheira Inc., 1476 Union St, Brooklyn, NY 11213, USA

In these terms, "Touch & Give," "we" and "us" mean Meheira Inc. "You" and "the nonprofit" mean the organization that signs up for the service, and anyone acting on its behalf.

When you sign up and check the box to accept these terms, they become a binding agreement between Touch & Give and the nonprofit. The person who signs up confirms that they are authorized to accept these terms on behalf of the nonprofit.

The service

Touch & Give gives nonprofits tools to take donations in person: the website, a dashboard for nonprofits and an Android™ app. The app works as a donation kiosk on a tablet with a Stripe reader, or on a phone with Stripe Tap to Pay. Each device is linked to one nonprofit with a pairing code.

Payments are created in the nonprofit's own Stripe account. Touch & Give does not hold donation funds.

Your account and devices

• You are responsible for keeping your dashboard sign-in details safe, and for not sharing them with anyone who isn't authorized.
• You are responsible for every action in the account and for everyone who uses the devices you linked, including your emissaries.
• Give a pairing code only to people you want taking donations on behalf of the nonprofit.
• A device was lost, or an emissary stopped working with you? Disconnect the device in Dashboard → Devices. It is disconnected right away.
• Think someone signed in to the account without permission? Change the password and email us right away.

Stripe

To take donations, the nonprofit connects its own Stripe account to Touch & Give. That account is governed by the Stripe Connected Account Agreement, which is an agreement between the nonprofit and Stripe:

https://stripe.com/legal/connect-account (opens in a new tab)

Stripe fees are charged by Stripe, under Stripe's terms, not by us.

Stripe operates separately from us. We are not responsible for Stripe's service, its availability or its decisions about the nonprofit's account.

The nonprofit's responsibilities

The nonprofit is responsible for:

• Fundraising in line with the law, wherever it and its emissaries operate.
• Receipts to donors and tax reporting of donations. Receipts are sent on behalf of the nonprofit, and the nonprofit is responsible for their content.
• Handling donor refund requests and payment disputes (chargebacks). Refunds are made from the dashboard and come out of the nonprofit's Stripe account.
• The accuracy of the details it sets: the nonprofit name, campaigns, contact email, and the city used to calculate Shabbat times if Shabbat mode is on.
• Giving its donors a privacy notice that explains how it uses their information.
• Complying with Stripe's terms.

Acceptable use

You may use the service to take donations for the nonprofit's lawful purposes. You may not:

• Use the service for illegal activity, fraud or money laundering.
• Take donations on behalf of another organization, or misrepresent a purpose to donors.
• Try to bypass security, access another nonprofit's data or overload the service.
• Copy the app, modify it or take it apart to discover its code.
• Resell the service or give others access to it without our written permission.
• Use the service in violation of Stripe's terms.

Fees

The nonprofit pays Touch & Give as agreed with it. Stripe fees are separate from this payment.

If a payment is not received on time, we may suspend the service until it is settled.

Availability of the service

We work to keep the service running well, but it is provided as is and as available. There is no commitment to uninterrupted availability or error-free operation.

The service also depends on things outside our control, such as Stripe, internet providers and the devices themselves. We make no commitment that the service will work on every device or in every place.

To the extent the law allows, we make no other warranties, express or implied, including fitness for a particular purpose.

Suspension and termination

• The nonprofit can stop using the service at any time: disconnect the devices in the dashboard, and email us to close the account.
• We may suspend or end the service for a nonprofit if it breaches these terms, does not pay as agreed, if the law requires it, or if there is a risk to the security of the service or to donors.
• When possible, we'll notify the nonprofit before a suspension or termination.
• When the relationship ends, access to the dashboard and the devices is closed. Money from donations already received is in the nonprofit's Stripe account. Donor data is handled under the "Data processing terms" section.
• The sections on limitation of liability, indemnity, governing law and courts continue to apply after termination.

Data processing terms

This section applies to donors' information, which Touch & Give processes on behalf of the nonprofit. The nonprofit is responsible for the information, and Touch & Give processes it for the nonprofit. When the nonprofit accepts these terms at signup, it also accepts this section.

Touch & Give will:

• Process the information only on the nonprofit's instructions, and only to provide the service. The instructions are these terms, the settings the nonprofit chooses in the dashboard and written requests from the nonprofit.
• Make sure its employees and contractors who have access to the information are bound by confidentiality.
• Protect the information with reasonable security measures.
• Use only the providers listed in the Privacy Policy, and notify the nonprofit of any provider it replaces or adds.
• Help the nonprofit respond to donor requests, such as a request to access or delete information.
• Notify the nonprofit without delay if a security incident affected its donors' information.
• When the relationship ends, delete the information or return it to the nonprofit, at the nonprofit's choice. Information the law requires us to keep is kept only for the period in the Privacy Policy.

The nonprofit confirms that it has a legal basis to collect its donors' information, and that it gives them a privacy notice.

Intellectual property

The service, the app, the code, the design and the Touch & Give name belong to us. We give the nonprofit permission to use the service under these terms for as long as the relationship lasts. This permission can't be transferred to anyone else.

The nonprofit's content, such as its name, logo and campaigns, stays its own. The nonprofit gives us permission to use that content only to provide the service.

Limitation of liability

To the extent the law allows:

• Touch & Give is not liable for indirect damages, donations not received, lost income or lost data.
• Touch & Give's total liability to the nonprofit, for any reason, will not exceed the amount the nonprofit paid Touch & Give in the 12 months before the event that led to the claim.

Indemnity

The nonprofit will indemnify Touch & Give for claims, damages and reasonable costs, including attorneys' fees, that arise from the nonprofit's fundraising, from its or its emissaries' use of the service, from the information it collects from donors, or from a breach of these terms or of the law.

Governing law and courts

These terms are governed by the laws of the State of New York. Any dispute will be heard only in the courts in New York.

Changes to these terms

We may update these terms. When we make a material change, we'll notify the nonprofits in advance and change the date at the top of the page. Using the service after a change takes effect means accepting the updated terms.

Contact

Questions about these terms? Email us:

office@touchgive.charity

Or by mail:

Meheira Inc., 1476 Union St, Brooklyn, NY 11213, USA