PUSHPAY USER AGREEMENT
This is our contract with all users – our commitment as a service provider and your obligations as a user of our services.
Last Update: November 1, 2018 – To view an archived version of this page, click here
- About Us
- About Your Individual Account
- Other Legal Terms
Welcome to Pushpay!
This user agreement is a contract between you and Pushpay (as defined in the About Us section below) that governs the use of your Pushpay account and our products and services.
Contemplated use by you as an end user of Pushpay’s products and services under this user agreement includes:
Use by Individuals:
Use of a Pushpay application, giving tool, our websites, including pushpay.com and any other websites we own or operate (which we refer to as our “Website”) or other products or services by an individual (which we refer to collectively as “Individuals”). For example, Individuals may use Pushpay to make digital donations and other payments (which we refer to collectively as “payments”) to faith-based organization, not for profit organizations, educational institutions and other organizations we serve, or to engage with other individuals, organizations or their community.
- Use by Organizations: Use of Pushpay by faith-based organizations, educational institutions, not for profit organizations, and for profit businesses who utilize our applications, software, products or payment processing or other services (which we refer to collectively as “Organizations”). For example, Organizations may use Pushpay products and services to accept donations and other payments from Individuals or to engage with them. We offer a variety of products and services to Organizations, including end user applications, payment processing services and/or mobile and web solutions owned, controlled, hosted, or facilitated by us. We also provide Organizations with administrative tools, interfaces, functionality, enablement, training and support services.
- Use by Developers: Use of Pushpay’s Developer Platform by developers, connectors and the like (“which we refer to as “Developers”), for example, to integrate third party solutions with Pushpay.
We refer to all products and services we offer from time to time, including the above, as “Services.”
By opening an account, signing up for, downloading, and/or accessing or using our Services, you agree to comply with all of the terms and conditions in this user agreement so please read them carefully. The terms include an Agreement to Arbitrate to resolve disputes by arbitration on an individual basis. It provides that any dispute may be resolved by binding arbitration instead of a trial in court or a class action. Unless you opt out in accordance with the terms of the agreement to arbitrate, the provision will eliminate your right to go to court (except for a small claims court having jurisdiction), the right to bring class or collective actions, and the right to have a jury decide a dispute.
You also agree to comply with the following additional policies and each of the other agreements on the Legal Center page that apply to you:
- For Organization Only: For Organization Only: In addition to the above, Organizations are subject to the Additional Agreements for Organizations and the Covered Agreements (as defined in the Additional Agreements for Organizations).
- For Developers Only: In addition to the above, Developers are subject to the Developer Terms, and any and all policies, guidelines and terms and conditions available at our Developer Page.
- Please see the Other Documents section of the Legal Center for other documents that are relevant to you, including our Acceptable Use Policy.
Please read carefully all of the terms of these policies and each of the other agreements that apply to you. Any terms that are defined in this agreement and used in other agreements without further definition, have the meaning set forth in this Agreement.
We are constantly striving to improve our Services and business to better serve our users and respond to legal, regulatory and technological and societal change. Consequently, we must reserve the right to amend this user agreement at any time by posting a revised version on our Website. The revised version will be effective at the time we post it, unless otherwise specified.
Here, we provide information about who we are
At Pushpay, we build and provide solutions that drive participation and generosity between individuals, organizations and communities. For more information, visit the About Us section of our Website.
When we refer to “Pushpay,” “we,” “our,” or “us” that means Pushpay Holdings Limited and all its wholly-owned subsidiaries and affiliates, including, Pushpay USA Inc., a Delaware corporation (“Pushpay USA”), Pushpay Processing, Inc., a Delaware corporation (“Pushpay Processing”), Pushpay Pty Ltd. (“Pushpay AU”) and Pushpay (New Zealand) Limited (“Pushpay NZ”). For a complete list of Pushpay’s wholly-owned subsidiaries and affiliates, click here. Please note that as used throughout this Agreement, “including” means “including without limitation” and headings are intended for convenience only and are not be taken into consideration in any construction or interpretation of this agreement or any of its provisions.
For U.S. and Canadian users, for payment processing services we contract through Pushpay Processing, and for services other than payment processing, we contract through Pushpay USA, unless otherwise specified. For Australia and New Zealand Customers, we contract through Pushpay AU and Pushpay NZ, respectively. Pushpay Processing is an independent sales organization that facilitates payment processing services through its trusted Payment Processing Partners (“Processing Partners”). We refer to these payment processing services as “Processing Services”).
ABOUT YOUR INDIVIDUAL ACCOUNT
Here, we provide information about Pushpay accounts of Individuals (as opposed to Organizations or Developers), including how to sign up, use, make or stop a payment (including recurring payments), and how to close an Individual account, as well as our, and each Individual’s, responsibilities around unauthorized payments and errors
To sign up as an Individual for a Pushpay account (which we refer to as an “individual account”) and get started, simply download the relevant application(s) for you and your Organizations(s). For more information on how to get started, see the How to Create a Pushpay Account Page.
If you are looking to close your individual account, please refer to the How do I Close My Pushpay Account Page or contact email@example.com with your request, including your name, email address and the phone number associated with your account. Closing your account will not stop or modify any payments that have been successfully processed on your account, but will cancel any recurring payment schedules that have not been processed on your account (see MAKING PAYMENTS – Preapproved Payment/Recurring Payments below for more information about your payments). You will remain liable for all obligations related to your individual account even after it is closed and there are situations where you may not be able to close your individual account immediately, including if you have a pending transaction or open claim. Please note that merely deleting a Pushpay application will not close your account, cancel a recurring payment or delete a linked account (for example, a linked Organizational account).
You can use your individual account to authorize and/or make payments to participating Organizations using our Services. If a supported payment method is being used by you for a transaction, you authorize Pushpay to store the payment credentials for future scheduled or unscheduled transactions. By using a payment method to perform transactions through with the Services, you represent and warrant to us that you are authorized to use such payment method with the Services, and that any transactions made using such payment method are for lawful purposes only.
Link or Unlink a Payment Method
You can link or unlink a debit card, credit card, or a bank account to your individual account as a stored method of payment. Please keep your payment method information current (i.e. credit card number and expiration date). If this information changes, we may automatically update it as directed by your bank or card issuer without any action on your part, and we will use such updated payment method information with any existing recurring payment or other payment authorization. To verify that a stored or linked method of payment is valid and authorized, we may periodically prompt you to confirm additional cardholder data such as billing zip or card verification value (CVV).
Choosing Your Method of Payment
You can choose any of the payment methods in your individual account as your preferred payment method. You can select a preferred payment method after logging into your individual account, navigating to the payment methods menu option and selecting the star next to your preferred payment method.
If you have chosen a preferred payment method, it will be shown as the primary method of payment when you make payments.
There may be times when your preferred payment method cannot be used, for example, if you select a credit card that has expired or your bank account has insufficient funds. Also, the availability of certain payment methods may be limited based on that particular Organization you are using. We may also restrict the types of payment methods you can use or accept through the Services at any time in our sole discretion.
If you have not selected a preferred payment method, or your preferred payment method is unavailable or declined, we may select among any of the active payment methods in your individual account.
You (as an Individual) can elect with a participating Organization to use Pushpay as the payment service for future payments with that Organization. This allows the Organization to process and receive payments with your authorization either on a one-time, recurring or sporadic basis. Preapproved payments of this type are sometimes referred to as a “billing agreement,” “subscription,” “recurring payment,” “recurring donation,” “reference transaction,” “preauthorized transfer”, “automatic payment”, “installment” or “unscheduled card-on-file”. We refer to such payments as “recurring payments”
If you elect to initiate recurring payments (which includes recurring donations), you are authorizing us to store and automatically charge your selected method of payment in the payment amount (including fees and charges) and frequency that you designated, without further consent or instructions from you. You may pause (and later resume) your recurring payments by following the instructions available by clicking here. If you wish to cancel your recurring payments, you may do so by revoking your authorization at least ten (10) business days prior to the next scheduled payment date. To learn how to cancel your recurring payments (and thereby revoke your authorization), click here.
Once a payment is processed, a payment cannot be cancelled by us or the Organization and we have no obligation to honor any request to stop, correct, reverse or recall a payment. Depending upon an Organization’s preference, we may default to a recurring payment for your individual account, but you may elect a one-time payment. If any changes are made to a stored payment method or linked account is changed, any recurring payments associated with that stored payment method or linked account may be paused, canceled or otherwise adversely affected. Revoking an authorization for a specific recurring payment schedule will not cancel other authorizations for recurring payments. If you pause or cancel a recurring payment, you may still owe the Organization money for the donation, purchase or pledge, or have additional obligations to the Organization for any goods or services that you receive but have not paid for.
If you schedule a recurring payment, the recurring payment amount you specified will be billed to the credit or debit card, bank account, or other account you designate during the setup process. If you want to designate a different credit, debit card or bank or other account, or if there is a change in such cards or accounts, you must change such information through the application. This may temporarily delay your ability to make online payments while your new payment information is verified.
Fees for Individuals
Pushpay does not charge Individuals processing or other fees for making donations, unless the donor elects to help cover processing fees incurred by an Organization by voluntarily contributing more or authorizing us to adjust the size of their originally intended donation using our Donor Covers Fees option utilized by some Organizations. For other types of payments, Pushpay may charge convenience, service, and/or other processing fees to you for making payments.
Your financial institution(s) may also charge fees for processing your payment and/or if you have insufficient funds to cover a payment, and/or for currency conversions. You are solely responsible for these fees and charges.
Payments are processed using the Organization’s local currency (e.g., for US Organizations, payments are processed in USD). If you utilize a different form of currency from that of an Organization (e.g., the account you make a payment from is in USD and the Organization located in Australia only accepts AUD), payment would be processed in the Organizations form of currency (e.g., AUD in the immediately preceding example) and you (as an Individual) may incur additional fees, which will be charged to your selected payment method (including as part of a recurring payment).
Where an Error occurs (as defined below), we will endeavor to rectify the Error if we determine it is solely our fault.
An “Error” is defined as:
- An incorrect amount is debited or credited to your account than what you authorized via our Service (which we refer to as an “Unauthorized Transaction”).
- A transaction through our Processing Services is missing from or not properly identified in your Pushpay account statement.
- Pushpay makes a computational or mathematical error related to your Pushpay account.
The following are NOT considered Errors and you are solely responsible for transactions made in these situations:
- If you give someone access to your Pushpay account (by giving them Login Info) and they use your Pushpay account without your knowledge or permission;
- Invalidation and reversal of a donation or other payment as a result of refunds, reversals or chargebacks;
- Delays that result from Pushpay applying holds, limits or reviews;
- Delays related to the time it may take for a transaction to be completed;
- Your errors in making a transaction (for example, mistyping an amount of money that you are sending);
- Lost or stolen account credentials, or other use of your credentials without your permission by a third party, prior to your notifying us and your card, bank account, and other financial services providers, and having them and us block the compromised accounts; or
- Any other non-Error.
In case of Error or questions about donations or other payments made or received, contact us as soon as you can at: firstname.lastname@example.org. You must notify us immediately if you think there may be an Error or if you need more information about an Error. To rectify processing Errors, you must provide any and all information required by us, including your name and identifying information, description of the type of Error or suspected Error, why you believe there is or may be an Error or need more information, and the dollar amount of the suspected Error. If you tell us orally, we may require that you send us your description of events or question in writing. While we will attempt to resolve Errors quickly, we make no representations or warranties as to how quickly we can resolve an Error.
As your sole and exclusive remedy for any Errors, we will endeavor to rectify any Error that we discover to be solely Pushpay’s fault, for example, by appropriately crediting or debiting your account for the difference in credits or debits to your account due to Pushpay’s Error. Pushpay is not responsible for any other losses or damages due to Error or otherwise, regardless of whether such damages constitute direct, indirect, consequential or other forms of damages. For example, in no event is Pushpay responsible for overdraft fees, insufficient funds, inaccurate reporting, or other damages.
OTHER LEGAL TERMS
We may communicate with you about your Pushpay account or our Services electronically. You consent to receive, and acknowledge and agree that you can receive, electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications“) that we provide in connection with your Pushpay account and your use of our Services, through the application, to the email address you provided, or on our Website. You will be considered to have received a Communication from us, if it’s delivered electronically, at the time we post it to our Website or email it to you. You will be considered to have received a Communication from us, if it’s delivered by mail, three business days after we send it. If you do not agree to receive Communications electronically, you must stop using our Services.
Unless you’re communicating with us about a matter where we’ve specified another notice address (for example, our Liability for Unauthorized Transactions and other Errors process), written notices to Pushpay must be sent by postal mail to: Pushpay, Attention: Legal Department, 18300 Redmond Way, Suite #300, Redmond, Washington 98052.
You understand and agree that, to the maximum extent permitted by law, we may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with us may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
In this section, the Disclaimer of Warranty and Release section and in any other sections where you indemnify or hold us harmless, you agree to an exclusive remedy, agree to arbitration, or we disclaim warranties or liability, we use the term “Pushpay” to refer not only to the entire Pushpay Group of companies, but also to each member of the Pushpay Group’s respective affiliates, and each of their respective directors, officers, employees, shareholders, agents, joint venturers, partners (including integration and marketing partners), service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.
You agree to defend, indemnify and hold Pushpay harmless from any claim, demand, action, or lawsuit (including attorneys’ fees) in any way related to your use of Services, your violation of any law or the rights of a third party, breach of this user agreement or any other agreement or policy to which you are subject, and/or the actions or inactions of any third party to whom you grant permissions to use your Pushpay account or access our Website, software, systems (including any networks and servers used to provide any of our services) operated by us or on our behalf, or any of the Services on your behalf.
Limitation of Liability
In no event shall Pushpay be liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Services, or any related content or information (including as contained within our Website or an application), whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy is to stop using the Services. In no event, shall the maximum cumulative liability of Pushpay to you arising from or in any way relating to your account and use of the Service exceed the greater of: (a) one hundred dollars ($100); or (b) the fees paid to us for our software services in the last six (6) months.
While Pushpay takes steps to check that applications are free from viruses and other malicious content, Pushpay does not assume any responsibility, nor shall Pushpay be liable for any damage to, or viruses that may infect, computers or mobile devices or other property on account of access to or use of the Services. Pushpay does not warrant that any Content (as defined under the heading “Pushpay’s Intellectual Property” below), will be free of viruses, worms, Trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data backup and security. You assume and are solely responsible for all risk in any way related to your use of the Services.
Services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. Pushpay specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not have any control over the products or services provided by Organizations, and we cannot ensure that an Organization or Individual you are dealing with will actually complete the transaction or is authorized to do so. We do not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our Website, software, or systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that donations and payments are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing because the Services are dependent upon many factors outside of our control, such as acts and omissions of our Processing Partners and delays in the banking system. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you to the extent prohibited under applicable law.
Release of Pushpay
If you have a dispute with any other Organization or Individual, you release Pushpay from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections, whether statutory or otherwise, including any and all rights and protections under California Civil Code § 1542, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor,” that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
This Agreement to Arbitrate affects your legal rights. Please read carefully. Unless you opt out – the procedure is explained below — this Agreement to Arbitrate will eliminate your right to go to court (except for a small claims court having jurisdiction), the right to bring class or collective actions, and the right to have a jury decide a dispute.
For Organizations, many concerns can be resolved quickly to your satisfaction by contacting our Customer Success team or your designated account or customer success representative. For Individuals, many concerns can be resolved quickly to your satisfaction by contacting the associated Organizations who can reach out to us as appropriate. In the event that your concerns are not resolved to your satisfaction and either party desires legal action, you and Pushpay agree to resolve those disputes through binding arbitration or small claims courts instead of in courts of general jurisdiction.
You and Pushpay each agree that any and all disputes or claims that arise out of or in any way relate to this User Agreement, your account with Pushpay, your use of Pushpay, or the corresponding relationship between you, on the one hand, and Pushpay (including any and all members of the Pushpay Group of companies), its agents, employees, officers, directors, predecessors in interest, successors and assigns, on the other hand, including federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. Notwithstanding the foregoing, Pushpay may bring any claim relating to infringement of our intellectual property rights in U.S. federal court. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. You acknowledge that your breach of these terms may cause irreparable harm to Pushpay, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which Pushpay may be legally entitled, Pushpay will have the right to seek immediate injunctive relief in the event of a breach of these terms by you or any of your officers, employees, consultants, or other agents.
Prohibition of Class and Representative Actions and Non-Individualized Relief
You and Pushpay agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Pushpay agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Pushpay users.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, discovery is more limited, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would.
The arbitration will be conducted by JAMS under its Comprehensive Rules and Procedures, including the Optional Expedited Arbitration Procedures. Provided that for claims with the Scope of Rules, the arbitration will be conducted pursuant to the JAMS Streamlined Arbitration Rules and Procedures. JAMS rules and procedures are available at https://www.jamsadr.com/adr-rules-procedures/. Prior to initiating an arbitration, a party who intends to seek arbitration must first send the other party, by certified mail, a written notice describing the dispute. You should send this notice to Pushpay at: Pushpay, Attn: Legal Department, Re: Notice of Dispute, 18300 Redmond Way, #300, Redmond, WA 98052. Pushpay will send any notice to you to the address we have on file associated with your Pushpay account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Pushpay are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or Pushpay may initiate arbitration proceedings. A form for initiating arbitration proceedings using expedited procedures is available on the JAMS website at www.adr.org.
For Individuals only, the arbitration shall be held in the county in which you reside, or nearest to you, as the case may be, or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Pushpay subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. Any settlement offer made by you or Pushpay shall not be disclosed to the arbitrator(s).
For Organizations and Developers, the arbitration shall be held in King County, Washington. If the value of the relief sought is $10,000 or less, you or Pushpay may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Pushpay subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. Any settlement offer made by you or Pushpay shall not be disclosed to the arbitrator(s).
The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different Pushpay users (whether Individuals, Organizations or Developers), but is/are bound by rulings in prior arbitrations involving the same Pushpay user to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration shall be confidential, and neither you nor we may disclose the existence, contents or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules, unless otherwise stated in this Agreement to Arbitrate. For Individuals only, (a) if the value of the aggregate relief sought is $10,000 or less, at your request, Pushpay will pay all filing, administration, and arbitrator fees associated with the arbitration, or (b) if the value of the aggregate relief sought exceeds $10,000, and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Pushpay will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. Any request for payment of fees by Pushpay should be submitted by mail to JAMS along with your Demand for Arbitration. In the event the arbitrator(s) determine the claim(s) you (whether an Individual, Organization or Developer) assert in the arbitration to be frivolous, you agree to reimburse Pushpay for all fees associated with the arbitration paid by Pushpay on your behalf that you otherwise would be obligated to pay under the JAMS rules. You will be responsible for all fees you are obligated to pay under the JAMS rules.
With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void, but the remainder of this user agreement will continue to apply.
Opt-Out Procedure for Individuals; Exclusive Forum for Claims by Individual Who Opts-Out
For Individuals only, you can choose to reject this Agreement to Arbitrate by emailing us a written opt-out notice. The opt-out notice must be received by Pushpay via email to ArbitrationOptOut@pushpay.com no later than 30 days after the date you accept this user agreement for the first time. For your convenience, we are providing an Opt-Out Notice Form you must complete and email us to opt-out of this Agreement to Arbitrate. You must complete this form by providing all the information it calls for, including your name, address, phone number, and the email address(es) used to log in to the Pushpay account(s) to which the opt-out applies. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt-out of the agreement to arbitrate. If you opt-out of this Agreement to Arbitrate, all other parts of the user agreement will continue to apply. Opting-out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
If you opt-out of arbitration, any and all disputes or claims that have arisen or may arise between you and Pushpay including federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively by the courts located in King County, Washington, and you and Pushpay agree to exclusive jurisdiction and venue of the courts located in King County, Washington, and you and Pushpay forever waive any right to assert forum non conveniens.
Future Amendments to this Agreement to Arbitrate
Notwithstanding any provision in the user agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Pushpay prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by this Agreement to Arbitrate that have arisen or may arise between you and Pushpay. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on our Website at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your Pushpay account within the 30-day period and you will not be bound by the amended terms.
Pushpay’s Intellectual Property
Pushpay owns, controls, and/or licenses the software, and all text, graphics, interfaces, photographs, trademarks, logos, and computer code contained on our Website, applications and other Services (which we refer to as “Content”), with the exception of content you input or upload into our Services, in the form inputted or uploaded by you and to which you are the sole registered owner (which we refer to as “Your Content”). Our Content includes the design, structure, selection, coordination, expression, presentation and arrangement of content. Our Content is protected by trade dress, copyright, trademark laws, and other intellectual property rights and laws.
No aspect of our Content, including our Website and all applications, may be copied, imitated, reproduced, re-published, modified or altered, uploaded, posted, transmitted, or distributed without Pushpay’s prior signed written consent. Notwithstanding the foregoing, any materials available for downloading, access, or other use from our Website or any application that may have their own license terms, conditions, and notices will be governed by such terms, conditions, and notices. Any and all technology and any content created or derived from our Content is the exclusive property of Pushpay and its licensors.
You may not publish or use any Pushpay brand, branding or logos except with Pushpay’s prior written consent. You must not remove or alter any copyright or other proprietary notices contained within an Application. You may not suggest or imply that Pushpay is affiliated with or endorses your particular Organization.
You will not assert, nor will you authorize, assist or encourage any third party to assert, against Pushpay any patent infringement or other intellectual property claim regarding any Services you have used or had access to.
Any rights granted to you to use our Services are personal, limited, worldwide, non-exclusive, revocable, non-transferable and non-assignable and limited to and strictly conditioned upon use being strictly in accordance with these terms and all other applicable agreements. As an Individual, your rights are limited to downloading, installing and using our end user applications on your own device for personal use. As an Organization, your rights are limited to use of products and services specified in the applicable Order Form or any other agreement entered into specifically between you and us. As a Developer, your rights are limited to use of our Developer Platform solely to the extent we have expressly permitted or authorized you to do so in a signed written agreement.
You must not:
- attempt to undermine the security or integrity of our computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
- use, or misuse, the Services in any way which may impair the functionality of the Services or our Website or other systems used to deliver the Services or impair the ability of any other user to use the Services or our Website or applications;
- attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Services are hosted;
- transmit, or input into our Services or our Website or other system, any files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); or
- attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate our Website or systems.
Your Content, Licenses Granted from You to Us and Your Intellectual Property Warranties
If you post to your personal social media including Facebook, Twitter, LinkedIn or Instagram in relation to the Services, you hereby grant Pushpay the perpetual, irrevocable, unrestricted, transferable, sub-licensable, worldwide, royalty-free, fully paid up right and license to use that material for marketing purposes without any obligation to compensate you for them.
We always appreciate any feedback and suggestions about Pushpay and its Services, but you understand that we may use your feedback or suggestions on an unrestricted basis without any obligation to compensate you for them (just as you have no obligation to offer them).
Pushpay does not claim ownership of Your Content. Subject to the next paragraph, when you provide, upload, submit or send Your Content to Pushpay or post Your Content using our Services, you grant Pushpay (and parties that we work with) a perpetual, non-exclusive, irrevocable, royalty-free, fully paid up, transferable, sub-licensable,worldwide license to use Your Content and associated intellectual property and publicity rights to help us improve, operate and promote our current services and develop new ones. Pushpay will not compensate you for any of Your Content. You acknowledge that Pushpay’s use of Your Content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against Pushpay.
For Organizations and Developers, notwithstanding the provisions of the prior paragraph, you hereby grant Pushpay and its affiliates a worldwide, non-exclusive, transferable, sub-licensable (through multiple tiers), and royalty-free, fully paid-up, right to use and display publicly your trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you) for the purpose of identifying you as a customer, and/or a developer that utilizes, and/or integrates with, our Services and for any other use to which you specifically consent.
If you believe that any content appearing on our Website, applications or other Services infringes any copyright rights, please forward all relevant information relating to the potential infringement to email@example.com.
Information about You and others generally
In order to use the Services, including to be able to make donations and other payments, you will need to upload or input data about yourself into our Website and/or into an application and/or other Services, some of which may constitute Personal Data.
We use the term “Personal Data” to describe information that can be associated with a specific person and can be used to identify that person. When we say “Personal Data” ‘we mean identifiable information about you, like your name, email, address, telephone number, bank account details and payment information. We do not consider Personal Data, information to include information that has been made anonymous so that it does not identify a specific user (“De-Identified Information”). If you cannot be identified (for example, when Personal Data has been aggregated and anonymized), then it’s not Personal Data. You agree to provide true, accurate and current information, and where such information is not personal to you, you agree that you have the necessary authority or permission from the owner of such Personal Data, including as required by applicable law, to upload or input that information into the Services or to otherwise share that information with Pushpay.
You are responsible for and should maintain copies of your information.
Ownership and Use of De-Identified and Aggregated Data
We may combine your Personal Data with that of others, and exploit freely De-Identified Information, including to provide the Services, improve the Services, create and offer new Services, design features, design promotions, publish insights, provide ways for organizations to compare practices and identify trends. We retain all rights, title and interest in and to such De-Identified Information. To the extent you retain any rights in Aggregated Data under applicable law, if any, you hereby grant to us a perpetual, exclusive, irrevocable, royalty-free, fully paid up, transferable, sub-licensable (including through multiple tiers), worldwide license to exploit Aggregated Data.
Pushpay takes measures to keep Personal Data secure against unauthorized use or access. However, Users shall be responsible for maintaining the security of their account by keeping their user information, Log-in Info and other details confidential and secure, and not sharing any such information with any third party. Please select your log-in information carefully and do not use easy to guess passwords such as your or your friends’ and families’ names and birthdays or commonly used sequences or patterns, reuse passwords you use for third party services. Check out the Federal Trade Commission Consumer Information page for more information on how to keep your personal information secure.
Your privacy and security are very important to us and we go to great lengths to protect it. We, cannot however, control who you share your user name, password, personal identification numbers, pins or other codes you use to access your account and the services (“Login Info”) or the security of your networks. You are solely responsible for maintaining adequate security and control of your Login Info and networks. You are responsible for anyone you share your Login Info with (for example, if you give someone Login Info and they use your account without your knowledge or permission, you are still responsible for transactions made). You should regularly log into your Pushpay account and review your Pushpay account statement. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed. If you believe your Login Info has been lost or stolen, or if you believe a transaction has been made without your permission: call us on (USA) +1 (844) PUSHPAY or email us at firstname.lastname@example.org AT ONCE. Check out the Federal Trade Commission Consumer Information page for more information on how to keep your personal information secure
Pushpay shall not be liable for any loss, cost or damage suffered as a result of any unauthorized use of the Services by any third party caused by your failure to comply with the prior paragraph. You must notify Pushpay immediately if you suspect or become aware of any unauthorized or fraudulent use of your account.
Consumer Fraud Warning
We’re always looking for ways to help keep you even more secure. Here’s some tips to help you avoid fraud:
- Know who you’re dealing with. Fraudsters often impersonate someone you know and trust.
- Guard your personal information. Fraudsters may pretend to be from companies that you do business with and may call or email you claiming to need to verify your personal information.
- Stay safe online. Don’t send sensitive information such as credit card numbers through email because it’s not secure.
- Be cautious of unsolicited emails. Many fraudsters impersonate companies or charities. Don’t respond to senders that you don’t know.
- Resist pressure. Legitimate businesses and charities will not pressure to make a decision nor threaten you with consequences for not responding immediately.
- Don’t believe promises of easy money. If it’s too good to be true, it probably is.
- Check your credit reports regularly. If you find accounts that don’t belong to you or other incorrect information, follow the credit bureau’s instructions for disputing those items. Everyone can request free copies of their credit reports once a year.
Third Party Services, Integrations and Websites
If you are an Organization, (a) you agree that you are prohibited from sharing an individual’s information with Third Party Apps without informed notice and consent from affected individuals and without having complied with all applicable laws; and (b) if you share information with a Third Party App, you represent, warrant and agree that you have provided notice and obtained informed consent from all affected individuals and have complied with all applicable laws.
For Developers only, If you are using Pushpay software such as an API, SDK, app key, app token, developer webpage or documentation (“Developer Tools”), or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then you must comply with the implementation, access and use requirements contained in all documentation accompanying the Services and the Pushpay Developer Platform Terms. If you do not comply with implementation, access and use requirements you will be liable for all resulting damages suffered by you, Pushpay and third parties. Pushpay may update or discontinue any software upon notice to you. While Pushpay may have (1) integrated certain third party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third party materials and technology to facilitate providing you with the Services, you have not been granted and do not otherwise retain any rights in or to any such third party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise create any derivative works from any of the software or third party materials or technology. You acknowledge that all rights, title and interest to Pushpay’s software are owned by Pushpay and any third party materials integrated therein are owned by Pushpay’s third party service providers. Any other third party software application you use on our Website is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that Pushpay does not own, control nor have any responsibility or liability for any such third party software application you elect to use on any of our Website, software and/or in connection with the Pushpay services. To access Developer Tools, you must follow the registration process established by Pushpay. Pushpay may approve or deny access to the Developer Platform in its sole discretion. This user agreement, the Pushpay Developer Agreement, as well as any additional registration terms specified by Pushpay apply to your use of Developer Tools. You are prohibited from using Developer Tools unless you obtain Pushpay’s written consent to each use case, and any such consent may be revoked by Pushpay in its sole discretion at any time without notice.
Pushpay’s Suspension and Termination Rights
Pushpay, in its sole discretion, reserves the right to terminate this user agreement, or suspend or terminate your access to or use of the Services for any reason and at any time without liability to you.
If you do not comply with any aspect of the terms of this User Agreement, Pushpay may exercise all rights and remedies available to Pushpay without notice to you, including canceling or suspend your use of the Services, and/or terminate all or part of the terms of this User Agreement (including the license granted within it) as they apply to you and/or seeking damages and/or injunctive relief. Pushpay shall not be liable for any loss or damage suffered by you as a result of Pushpay exercising its rights.
You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the State of Washington, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and Pushpay.
You authorize Pushpay, directly or through third parties, to make any inquiries we consider necessary to validate your identity, including obtaining a credit report from a credit reporting agency or verifying your information against third party databases or through other sources. We may also ask you for further information, require you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, or require you to take steps to confirm ownership of your email address or financial instruments. We may also ask to see your driver’s license or other identifying documents at any time. If you use certain of our Services, federal law may require that Pushpay and/or its Processing Partners verify some of your information. Pushpay reserves the right to close, suspend, or limit access to your Pushpay account and/or our Services in the event we are unable to obtain or verify this information.
Not an Agent, Payment Processor, Money Transmitter, Financial Institution, Legal, Financial, Accounting, or Tax Advisor
Our relationship with you under this user agreement is as a provider of Services and as an independent contractor for all purposes and not as an agent or trustee. Pushpay is not a money transmitter or financial institution. Pushpay Processing provides Processing Services as an Independent Sales Organization through our Processing Partners.
Pushpay is not your financial, tax, accounting or legal advisor and use of the Services does not constitute the receipt of financial, tax, legal or accounting advice. If you have any accounting questions, please contact a licensed professional. We provide tools for Organizations to generate annual giving statements but we do not warrant their accuracy or completeness.
It is your sole responsibility to determine that the Services meet the needs of your business and are suitable for the purposes for which they are used.
You remain solely responsible for complying with all applicable accounting, tax and other laws. It is your responsibility to check that storage of and access to your data via our Services will comply with laws applicable to you (including any laws requiring you to retain records).
Your use of information
If you receive information about another Pushpay user in connection with your use of the Services, you must keep that information confidential and only use it in connection with our Services. You may not disclose or distribute any information about Pushpay users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so. You may not send unsolicited emails to a Pushpay user or use the Pushpay services to collect payments or for sending, or assist in sending, unsolicited emails to third parties.
If a court or other tribunal of competent jurisdiction holds any of the provisions of these terms to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these terms, so that these terms shall remain in full force and effect.
Pushpay’s failure to insist on or enforce strict performance of this user agreement shall not be construed as Pushpay’s waiver of any provision or any right it has to enforce this user agreement, nor shall any course of conduct between Pushpay and you or any other party be deemed to modify any provision of this agreement.
No Third Party Beneficiaries.
This agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.
You may not transfer or assign any rights or obligations you have under this user agreement without Pushpay’s prior written consent. Pushpay may transfer or assign this user agreement or any right or obligation under this user agreement at any time.
This user agreement, together with any other agreements on the Legal Center page that apply to you, including for Organizations the Additional Agreements for Organizations and the Covered Agreements (as defined in the Additional Agreements for Organizations), and the terms of any other notices or instructions given to you hereunder and thereunder, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and us relating to the Services and the other matters dealt with in this user agreement and other applicable legal agreements in the Legal Center.