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These Terms of Service create a collaborative relationship between Mightycause Corporation (“MC”), Mightycause Charitable Foundation (“MCF”), and Client to provide charitable giving services and technology solutions.
1.1. MC is a Delaware corporation committed to creating a more generous world through social fundraising. MC operates an online giving Platform that connects donors with charitable causes year-round and provides technical support Services. The Platform enables continuous charitable giving through customized Giving Sites, with special capabilities for Giving Events and campaigns. MC will provide the Platform and technical Services described in these Terms of Service while respecting the autonomy of organizations to tell their stories and connect with donors authentically throughout the year.
1.2. MCF is a Delaware nonprofit corporation exempt under IRC Section 501(c)(3), dedicated to facilitating charitable giving through educational resources and maintaining a donor-advised fund program. MCF may serve as the Designated Processing Entity when specified in these Terms of Service, always with a commitment to honoring donor intent and supporting organizational autonomy. MCF supports year-round charitable giving while providing specialized capabilities for Giving Events and campaigns.
1.3. Client is an entity committed to strengthening its community by enhancing the charitable fundraising capabilities of local nonprofit organizations and supporting the donors who contribute to them. Client may serve as the Designated Processing Entity or collaborate with MCF as the Processing Entity, as specified in these Terms of Service. Client desires to leverage the Platform’s capabilities to facilitate ongoing charitable giving within its community, including regular donation processing and special Giving Events and campaigns that connect community donors with local charitable causes.
1.4. Our Shared Commitment to Donor-Centered Service. All Parties share a fundamental commitment to serving donors and charitable organizations as their primary purpose. These Terms of Service are structured to ensure that (a) donors maintain control over their giving decisions and have access to transparent information about how their contributions are disbursed; (b) charitable organizations retain autonomy to communicate their mission, tell their stories, and engage with supporters in ways that authentically represent their work and values; (c) the technology Platform serves as an enabling tool that enhances rather than restricts organizational fundraising capabilities; and (d) all Parties work collaboratively to create an environment where charitable giving can flourish through authentic relationships between donors and the causes they support. This collaborative approach recognizes that sustainable charitable fundraising depends on trust, transparency, and respect for the independence of charitable organizations and the autonomy of donor choice.
1.5. NOW, THEREFORE, in consideration of the mutual agreements, covenants, and conditions contained herein, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties do hereby agree as follows:
2.1. For the purposes of these Terms of Service, the following terms shall have the meanings set forth below:
2.2. Additional Retained Amount shall mean a mutually agreed amount that the Designated Processing Entity will retain to help cover Client’s program and operation costs.
2.3. Advised Organization shall mean the Qualifying Organization recommended by the Donor to receive a regrant of funds from the Designated Processing Entity’s DAF.
2.4. Agreement means an executed Services Agreement Form referencing these Terms of Service and each exhibit, schedule, and addendum attached hereto or referencing these Terms of Service, as well as all documents and other materials incorporated herein by reference. In a dispute between these Terms of Service and an applicable Service Agreement Form, the terms in the Service Agreement Form will govern.
2.5. Authorized Users shall mean the employees, agents, Donors, clients, and invitees of Client who visit or use a Giving Site for the purpose of considering, making, facilitating, or soliciting a charitable contribution.
2.6. Business Purposes shall mean the legitimate business operations and objectives of MC and the Processing Entity, including Service delivery, internal processing, Service improvement, security and incident detection, personalization, compliance, and legal obligations.
2.7. Client shall mean the organization identified as Client in the signature block of a Services Agreement.
2.8. Client Data shall mean any data any Authorized User may transmit or upload to a Giving Site and any other data, files, or information that Client provides to MC under these Terms of Service.
2.9. Confidential Information shall mean any non-public information disclosed by one Party to another, including but not limited to business plans, financial information, technical specifications, proprietary processes, and any information marked or identified as confidential.
2.10. Custom URL or Custom Subdomain shall mean the unique web address assigned to Client’s Giving Site as specified in a Services Agreement Form.
2.11. Designated Processing Entity or Processing Entity shall mean either MCF or Client, as specified in a Services Agreement Form, who will serve as the recipient and processor of charitable contributions made through the Giving Site, and must be a qualified charitable organization in good standing with the IRS and relevant authorities.
2.12. Donor shall mean a person who has created a user account on the Platform for the purpose of considering or making a charitable contribution to an Advised Organization.
2.13. Donor Advised Fund or DAF is defined by IRC Section 4966(d)(2) as a fund or account (a) which is separately identified by reference to contributions of a Donor or Donors; (b) which is owned and controlled by a sponsoring organization; and (c) with respect to which a Donor (or any person appointed or designated by such Donor) has, or reasonably expects to have, advisory privileges with respect to the distribution or investment of amounts held in such fund or account by reason of the Donor’s status as a Donor.
2.14. Donor Cover Fees shall mean the Platform feature allowing Donors to cover the Designated Processing Entity’s Retained Amount and Additional Retained Amounts if applicable, making it possible for an Advised Organization to receive 100% of the Donor’s intended contribution.
2.15. Effective Date. The Effective Date of these Terms of Service shall be the date set forth in a Services Agreement Form.
2.16. Eligible Contribution shall mean a completed, and not refunded, contribution, including a matching contribution, that a Donor has made to a Participating Organization via the Designated Processing Entity, but such term shall not include (a) contributions paid from donor advised funds that Client administers; (b) offline contributions not disbursed through the Platform; and (c) contributions that reasonably appear to be fraudulent in nature or that cannot otherwise reasonably be determined to be motivated by charitable intent. In calculating Eligible Contributions, MC reserves the right to exclude donations which are suspicious in nature and require further verification. MC will promptly notify the Client if these transactions exist.
2.17. Features shall mean the photos, videos, graphics, information, other online tools and resources, and related Services available on the Platform.
2.18. Force Majeure Event shall mean any event beyond a Party’s reasonable control, including acts of God, war, terrorism, earthquake, flood, fire, epidemic, government regulation, labor disputes, network outages, data center outages, or other causes that prevent performance of obligations under these Terms of Service.
2.19. Fundraising Purposes shall mean activities related to promoting charitable giving, personalized marketing communications, and donor engagement initiatives designed to support the mission of charitable organizations.
2.20. Generated Reports shall mean all reports, information, compilations, summaries, and other data derived from the operation of a Giving Site, relating to or arising out of Client’s and its Authorized Users’ use of a Giving Site.
2.21. Giving Event shall mean a special fundraising event or campaign conducted through the Giving Site as specified in a Services Agreement Form, which operates as a specific period within the year-round Platform operation.
2.22. Giving Site shall mean the web site hosted at the Custom URL or Custom Subdomain, defined in a Services Agreement Form, by MC, which operates year-round to facilitate ongoing charitable giving with enhanced capabilities during Giving Events.
2.23. Initial Term shall mean the initial contract period as specified in a Services Agreement Form.
2.24. IRS shall mean Internal Revenue Service.
2.25. IRC shall mean the Internal Revenue Code of 1986, as amended.
2.26. MC shall mean Mightycause Corporation.
2.27. MC Terms of Use and Privacy Policy shall mean the Terms of Use and Privacy Policy published at https://www.mightycause.com/terms, as it may be altered or amended from time to time.
2.28. MCF shall mean Mightycause Charitable Foundation.
2.29. NACHA Compliance shall mean compliance with the National Automated Clearing House Association Operating Rules and Operating Guidelines, and any related bulletins, interpretations, or supplementary requirements, in each case as amended from time to time governing the ACH Network for electronic payments and financial transactions..
2.30. Parties shall mean MC, MCF, and Client collectively.
2.31. Party shall mean individually MC, MCF, or Client.
2.32. Participating Organization shall mean a Qualifying Organization which the Client has invited to participate on the Giving Site provided by MC.
2.33. Participation Fee shall mean an optional fee that Client may charge to Participating Organizations for participation in Giving Events, which requires Client to maintain an authorized account for processing such fees.
2.34. PCI DSS Compliance shall mean compliance with the Payment Card Industry Data Security Standard, as published by the PCI Security Standards Council and as amended from time to time, including all applicable requirements, guidelines, and validation procedures relating to the protection of cardholder data and sensitive authentication data.
2.35. Platform shall mean the online giving website owned and operated by MC.
2.36. Platform Uptime shall mean the percentage of time during any calendar month that the Platform is operational and accessible to Authorized Users via the internet. Platform Uptime is calculated by dividing the total number of minutes in the month minus the Downtime Minutes by the total number of minutes in the month and multiplying the result by 100. For purposes of this calculation, “Downtime Minutes” exclude any periods that are specifically identified as scheduled maintenance: (Total Minutes in Month - Downtime Minutes) / Total Minutes in Month × 100, where Downtime Minutes excludes periods specifically identified as scheduled maintenance.
2.37. Qualifying Organizations shall mean only that subset of organizations in the MCF database of approved charities which can be accessed through https://www.mightycause.com/search, and is based on the IRS Business Master File of recognized public charities, plus other sources of validated non-IRS-recognized charities that are: (a) selected by Client in its sole discretion and communicated to the Processing Entity; and (b) eligible to receive distributions from both MCF and the Processing Entity, if separate. To meet regulatory requirements, MC cannot include as Qualifying Organizations charities that are out of good standing with the California Attorney General’s Office, the California Franchise Tax Board, or the Internal Revenue Service. If a charity loses good standing, California law currently requires MC to remove it from its directory within five business days and prohibits MCF from granting funds raised to the charity.
2.38. Retained Amount shall mean the amount retained to cover Platform, operational, and transaction costs by the Processing Entity prior to re-granting funds to the Advised Organization.
2.39. Services shall mean the services to be provided by MC and MCF, if applicable, as described in these Terms of Service.
2.40. Term shall mean the duration of these Terms of Service as specified in a Services Agreement Form, including any renewal periods.
2.41. User shall mean an individual who has created a user account on the MC Platform and consented to the Mightycause Terms of Use and Privacy Policy.
2.42. User Content shall mean any information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content uploaded, posted, or shared by Users on the Platform.
2.43. Website Content shall mean all content that appears on the Platform, including but not limited to information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software, and the look and feel of the Giving Site, owned by MC or its licensors.
3.1. Technology Platform Services Only. MC provides technology Services and support as specified in these Terms of Service. MC serves exclusively as a technology service provider and does not provide fundraising consulting, advisory services, or fundraising management services. MC does not engage in solicitation activities on behalf of any charitable organization or Client.
3.2. Software as a Service. MC’s role is limited to providing software Features, technical support, and Platform infrastructure that enable charitable organizations and Clients to conduct their own fundraising activities. All fundraising strategy, Donor outreach, messaging, and campaign management remain the sole responsibility of Client and Participating Organizations.
3.3. No Advisory Role. MC is not a fundraising consultant and does not provide professional fundraising consulting services. Any information MC provides about Platform functionality represents general guidance on using the technology, not professional advice.
3.4. Database Maintenance. MC will maintain a database of Qualifying Organizations eligible to receive grants from MCF’s DAF in accordance with applicable guidelines (including IRS guidelines when operating a DAF).
3.5. Additional Services to Participating Organizations. MC retains the right to offer advanced features, subscription services, and other technology solutions directly to Participating Organizations. These Services may include enhanced fundraising Features, analytics, campaign opportunities, and other Platform tools designed to support organizations’ fundraising capabilities, whether through Client’s Giving Site or independently. MC may communicate directly with Participating Organizations regarding these additional Services and Platform offerings.
3.6. Year-Round Access for Participating Organizations. Participating Organizations maintain continuous access to donation processing through their individual organization pages on the standard Mightycause Platform (mightycause.com), regardless of the operational status of Client’s Giving Site. If donation processing is disabled on Client’s Giving Site, Donors may continue to support Participating Organizations directly through their organization pages on mightycause.com. Donations made during this period are not subject to Client’s Additional Retained Amount and follow standard Mightycause processing fee structures. This continuous access supports ongoing donor engagement and organizational fundraising capacity throughout the year.
3.7. Communications. MC may communicate directly with Participating Organizations regarding Platform updates, additional Services, educational resources, Qualifying Organization status, and other business information related to MC’s broader Platform offerings.
3.8. Platform Evolution. MC reserves the right to make improvements, enhancements, and adjustments to Platform features at any time without notice. These ongoing improvements are intended to strengthen the Platform’s capabilities and better serve Donors, Participating Organizations, and Clients in their charitable fundraising activities.
3.9. Custom Development Services. Custom development services may be available upon request at a rate of $275 per hour, subject to Mightycause’s sole discretion and resource availability. All custom development work requires a separate written Scope of Work agreement executed by both Parties prior to commencement. Mightycause reserves the right to adjust the hourly rate at any time. Rate changes apply only to new projects and do not affect previously agreed-upon Scopes of Work.
3.10. Year-Round Platform Support. MC provides ongoing support for continuous Platform operations, with enhanced support during special Giving Events and campaigns. This support includes complete user documentation, FAQ resources, and troubleshooting materials for all Platform features and ongoing operations. Customer support is available 9:00 AM to 5:00 PM Eastern Time on weekdays, excluding federal holidays, for ongoing Platform operations, plus extended support during Giving Events as may be specified in a Services Agreement Form.
3.11. Training. MC will provide comprehensive materials and resources for Participating Organizations to maximize year-round fundraising effectiveness, with specialized event training as may be specified in a Services Agreement Form.
3.12. Donor Ability to Cover Fees (“Donors Cover Fees”). All Parties agree to enable by default the Donors Cover Fees feature, allowing Donors to cover processing fees so organizations receive full intended contribution amounts. The Donors Cover Fees feature will be available year-round.
4.1. Fee Structure. All fees for Services provided under these Terms of Service are specified in a Services Agreement Form executed by the Parties. Fees may include, but are not limited to, setup fees, annual fees, platform fees, processing fees, payment processor setup fees, disbursement fees, disbursement adjustment fees, custom development services fees, and any other fees as mutually agreed upon by the Parties. Client agrees to pay all fees according to the payment terms specified in a Services Agreement Form. MCF reserves the right to adjust fees upon thirty (30) days' written notice to Client to reflect increases in market costs, including but not limited to payment processor fees, third-party service provider fees, infrastructure costs, and other direct costs associated with providing the Services.
4.2. Late Payments and Service Suspension. Late payments are subject to additional charges as specified in a Services Agreement Form. MC reserves the right to suspend Services for non-payment after providing reasonable notice to Client.
5.1. Applicability. This section shall apply when MCF is specified as the Designated Processing Entity.
5.2. Contribution Processing. All contributions made through the Giving Site are complete contributions to the MCF Donor Advised Fund, which will promptly provide Donors with charitable contribution receipts. The MCF will credit contributions appropriately and retain the specified Retained Amount and any Additional Retained Amount, if applicable, as outlined in a Services Agreement Form. The Processing Entity shall, through Services provided by MC, issue the official charitable contribution receipt to a Donor by electronic mail normally on the same day the contribution is received. The Donor receipt shall (a) list the Processing Entity as the recipient charity and sponsoring organization when operating a DAF; (b) acknowledge the Advised Organization(s); and (c) recognize Client by including a statement thanking the Donor for making the gift at Client’s Giving Site.
5.3. Fund Distribution. The Processing Entity will distribute funds to Advised Organizations from the DAF generally twice monthly via electronic transfer or monthly via check. The Processing Entity may retain an additional $5.00 per disbursement made via paper check, subject to a minimum check disbursement of $25.00 prior to the retained $5.00. To avoid the additional cost and minimums, Qualifying Organizations are encouraged to sign up for direct deposit (EFT) to their organization’s bank account.
5.4. California Compliance Requirements. The Processing Entity must make every effort to ensure all donations from Donors are sent to charitable organizations within the maximum number of days required per California Code of Regulations, title 11, section 320, subdivisions (a), (c), and (d), as amended, regardless of the Processing Entity’s location or the location of the charitable organization or donor. This requirement applies to all donations processed through the Giving Site.
5.5. Distribution Schedule and Modifications. The Processing Entity must clearly communicate disbursement schedules and procedures to Participating Organizations and must provide adequate support to organizations for setting up preferred disbursement methods and resolving disbursement issues.
5.6. Electronic Funds Transfer (“EFT”) Disbursements. For Electronic Funds Transfer (“EFT”) or direct deposit, distributions are generally sent on the 25th of the month for donations made from the 1st through the 15th of that month, and on the 10th of the month for donations made from the 16th of the prior month through the last day of the prior month. Organizations must complete EFT setup through their organization dashboard.
5.7. Check Disbursements. Checks are mailed around the 10th of the month for donations made in the previous month. Checks not cashed within 90 days are automatically canceled and reissued with an additional $5.00 service fee. Checks are mailed to the legal address on file in the organization’s profile. Processing Entity must ensure organizations maintain current address information in their dashboard settings.
5.8. Schedule Changes. These distribution schedules are subject to change at the sole discretion of the Processing Entity, provided that any changes comply with applicable regulatory requirements including California timing mandates. If changes prolong the distribution schedule, the Processing Entity will provide reasonable notice to Client and Advised Organizations via email.
5.9. Disbursement Delivery Timeline. Actual posting to recipient bank accounts typically occurs within 2-3 business days of EFT disbursement date, depending on the recipient’s banking institution.
5.10. Dispute Resolution for Disbursements. Distributions from the Processing Entity are classified as unrestricted grants from the Processing Entity. Should a donation advised to an Advised Organization be returned or disputed via a chargeback from the payment processing networks, the Processing Entity may deduct a $15.00 chargeback fee per occurrence from the Advised Organization’s disbursements.
5.11. Additional Retained Amount Upon Mutual Consent. The Additional Retained Amount shall be specified in a Services Agreement Form and shall be applied to any Eligible Contribution made on the Giving Site. The funds collected from the Additional Retained Amount will be disbursed as a charitable grant to Client, if eligible, on a quarterly basis, subject to adjustments for chargebacks or other potential refunds. Client must notify MC and the Processing Entity 30 days prior to the implementation date in order to request a change to the Additional Retained Amount. Client agrees to disclose the Additional Retained Percentage on the Giving Site per the Processing Entity’s guidance.
5.12. Fund Management. While the Processing Entity makes reasonable efforts to honor the recommendations of its Donors, the Processing Entity maintains full discretion and control over use of all contributions it receives in accordance with applicable regulations. In the case where a Donor recommends a distribution to an organization that is not a Qualifying Organization, or the Processing Entity otherwise determines that the recommendation should not be followed, the process outlined in the Mightycause Terms of Use will apply. If any funds from gifts made through Client’s Giving Site remain with the Processing Entity at the termination of these Terms of Service, upon written request by Client, the Processing Entity will inform Client of its plan for distribution of the remaining assets.
5.13. Processing Entity Financial Information. When MCF serves as the Processing Entity, MCF files the annual Form 990 with the IRS and has its financial statements audited annually by an independent certified public accountant. The IRS Form 990 and audited financial statement will be available online and upon request.
5.14. Processing Entity’s Consideration for Its Services. The Processing Entity’s consideration for performing the Services described in “MCF Processing Entity Services” is to receive a license from MC to use the Platform and to have the opportunity for its systems to receive donations that Client has generated through its connections and marketing efforts.
6.1. Applicability. This section shall apply when the Client is specified as the Designated Processing Entity.
6.2. Payment Processing Account Requirements. Client must establish and maintain merchant accounts with approved payment processors. MC offers integration with Stripe as a payment processor. For integration, Client must pay a one-time setup fee specified in a Services Agreement Form, establish a merchant account directly with the processor, agree to the processor’s terms of service and privacy policy, grant MC administrative user access on the processing account to complete technical setup, and obtain and maintain any discounted nonprofit rates directly with the processor. MC is not responsible for any processing fee arrangements between Client and processor and cannot apply discounts on Client’s behalf. MC will provide technical integration between the Platform and Client’s processing account. For ACH payments, Client must set up an authorized Stripe account.
6.3. Banking and Treasury Requirements. Client must open and maintain dedicated bank accounts for receiving charitable contributions through the Platform, establish treasury management Services with a financial institution capable of supporting the contribution volume, and ensure all funds are deposited into Client-controlled accounts. MC does not possess or control funds at any time.
6.4. Contribution Receipt and Processing Responsibilities. Client must issue, through Services provided by MC, official charitable contribution receipts to Donors by electronic mail generally on the same day contributions are received, ensure receipts comply with IRS requirements for tax-deductible contributions, list Client as the recipient charity in all receipts, acknowledge the Advised Organization(s) in receipts, and include a statement thanking Donors for making gifts through Client’s Giving Site. Client must process all contributions in accordance with IRS regulations for charitable organizations, maintain proper accounting records for all contributions received through the Platform, retain appropriate fees as specified in a Services Agreement Form, and handle all refund requests, through Services provided by MC, in accordance with IRS regulations, noting that charitable contributions are generally non-refundable.
6.5. Disbursement Responsibilities. Client must implement and maintain disbursement systems meeting or exceeding the standards specified in Section 5, distribute funds to Participating Organizations on a specified schedule, handle all aspects of disbursement processing including EFT setup, check printing and mailing, and failed disbursement resolution, and comply with California Code of Regulations timing requirements regardless of Client’s location. When Client serves as Processing Entity, Client must provide EFT setup capabilities for Participating Organizations through secure Platform integration, verify and validate all EFT account information submitted by Participating Organizations, maintain secure storage of banking information in compliance with applicable data protection standards, process EFT disbursements according to a specified schedule, and handle EFT failures and reprocessing according to standard procedures.
6.6. Compliance and Risk Management. Client assumes full responsibility for review and determination of payment risk on merchant accounts, all fraud prevention and detection measures, chargeback management and associated fees, anti-money laundering (AML) and Know Your Customer (KYC) compliance, and all regulatory compliance related to payment processing and fund disbursement. Client must reconcile all deposits to bank accounts with Platform transaction records, prepare and maintain detailed disbursement reports for Participating Organizations, provide transaction reporting as required by applicable regulations, and handle all customer service inquiries related to fund disbursement and payment processing.
6.7. Technology and Integration Requirements. Client must implement appropriate data security measures for Donor and financial information, maintain confidentiality of all recipient and Donor information, comply with all applicable data protection and privacy regulations, and coordinate with MC on data retention and deletion requirements.
6.8. Customer Service Responsibilities. When serving as Processing Entity, Client assumes responsibility for handling Donor inquiries related to contribution receipts and tax documentation, managing refund requests where permissible under IRS regulations through Services provided by MC, and providing contribution history and documentation to Donors upon request. Client must assist Participating Organizations with EFT setup and disbursement inquiries, provide timely responses to disbursement-related questions, and maintain communication logs for disbursement and payment-related inquiries.
6.9. Termination of Processing Entity Role. Client may terminate its role as Designated Processing Entity with thirty (30) calendar days’ notice to MC and MCF. Upon such termination, MCF may assume the Processing Entity role if mutually agreed by all Parties. Client remains responsible for completing all pending disbursements, all outstanding obligations and compliance requirements remain in effect until fulfilled, and the remainder of these Terms of Service continues in effect with MCF as the Processing Entity if agreed or the Agreement may be amended according to standard amendment procedures.
6.10. Integration with MC Services. Client acknowledges that MC will provide technical support for Platform integration and functionality, MC retains the right to offer additional Services to Participating Organizations independently, MC may communicate directly with Platform Users, and all Parties will work collaboratively to ensure seamless operation of the Platform while maintaining appropriate role separation.
7.1. Payment Processor Selection. The Client may select one of multiple payment processing options supported by MC. The preferred payment processor is Mightycause Charitable Foundation (MCF), which offers comprehensive features and benefits specifically designed for charitable organizations as detailed in these Terms of Service. Client’s selected payment processor shall be specified in a Services Agreement Form.
7.2. Mightycause Charitable Foundation (MCF). Client may select MCF as the Processing Entity, which provides, in part: (a) charitable sector expertise with purpose-built functionality for nonprofit organizations; (b) enhanced donor experience through streamlined checkout processes optimized for charitable contributions; (c) competitive processing rates with transparent fee structures designed for nonprofits and donors; (d) integrated compliance with IRS regulations, state charitable giving laws, and industry best practices; (e) comprehensive donation tracking, donor analytics, disbursement reporting for easy reconciliation by recipients, and financial reporting tailored for charitable organizations; (f) automated generation and delivery of IRS-compliant tax-deductible contribution receipts; and (g) enhanced privacy safeguards specifically designed for charitable sector requirements. Client selection of MCF payment processing will benefit from streamlined setup through Mightycause’s integrated platform without the complexity and costs associated with third-party merchant account establishment.
7.3. Alternative Payment Processors. In the case of an alternative selection (“Alternative Payment Processor”), Client may choose from the following third-party payment processors:
7.3.1. Stripe. The Stripe Terms of Service, Privacy Policy, and support documentation are available via https://www.stripe.com. If Client uses the Stripe payment service, it agrees to the Stripe Terms of Service and Privacy Policy for the country in which it is located.
7.3.2. [Reserved]
7.4. Third-Party Processor Requirements. Client selection of an Alternative Payment Processor shall also require establishment of a merchant account with the selected payment processor. In such cases: (a) Client assumes full responsibility for merchant account establishment, maintenance, and compliance; (b) MC is not responsible for the review and determination of payment risk on Client’s account; (c) additional setup fees and ongoing merchant account costs shall apply as determined by the third-party processor; (d) Client may forfeit certain platform integrations and Features available exclusively with MCF processing.
7.5. General Payment Processing Terms. Regardless of payment processor selection, MC will reasonably assist the Designated Processing Entity in their responsibility to distribute funds to Participating Organizations, if applicable, by providing reporting of donation activity by Participating Organizations to the Processing Entity. MC is not responsible for any disbursement of funds, nor does MC have possession or control of funds at any time. MC will not be liable for any fraud or chargebacks which occur via the payment processing system provided by the payment processor for use by the Processing Entity.
7.6. Customer Support Responsibility. When Client serves as the Designated Processing Entity, Client assumes full responsibility for all customer service and support related to payment processing operations. MC and MCF will direct all customer support inquiries to Client for any matters related to: (a) payment processing issues; (b) fraud prevention and detection; (c) refund requests and processing; (d) chargeback disputes and resolution; (e) fund disbursements and timing; (f) contribution receipts and tax documentation; (g) EFT setup and account verification; (h) payment failures or errors; and (i) any other payment-related inquiries from Donors or Participating Organizations. MC will provide technical support only for Platform functionality issues unrelated to payment processing operations.
7.7. Participation Fee Processing. If Client wishes to charge Participation Fees to Participating Organizations, Client must establish and maintain a separate authorized Stripe account specifically for this purpose. MC will provide technical integration for Participation Fee processing, but Client is solely responsible for establishing the Stripe relationship, account management, and compliance with all applicable regulations regarding fee collection from charitable organizations.
7.8. Security and Compliance Standards. MC and the Processing Entity maintain compliance with industry-standard security protocols including PCI DSS (Payment Card Industry Data Security Standard) for credit card processing and NACHA Operating Rules and Guidelines for ACH transactions. MC implements commercially reasonable technical and organizational measures designed to support the secure operation of the Platform.
8.1. Privacy Protection. All Parties commit to protecting Donor privacy and will not share or sell Donor information without consent, except as specifically outlined in these Terms of Service and applicable privacy policies. No Party shall share Donor data with any third party, including contractors, vendors, or service providers, for use in retargeting, remarketing, behavioral advertising, or similar marketing activities.
8.2. Joint Ownership. All Parties maintain joint ownership of Donor information collected through the Giving Site, subject to applicable privacy laws and Donor consent preferences.
8.3. Third-Party Processors. The Processing Entity may use third-party payment processors and fraud detection Services, which will be bound by confidentiality agreements and may only use Donor information for transaction processing and security purposes.
8.4. Data Retention and Deletion. Personal Donor data will be retained in accordance with legal requirements and deleted upon verified written requests as required by applicable law.
8.5. Platform-Wide Communication Rights. MC retains the right to communicate directly with all Platform Users, including Donors who make contributions through Client’s Giving Site, regarding Platform updates, security notifications, and general Platform-related matters.
8.6. Donor Information Sharing to Participating Organizations. The Processing Entity, through Services provided by MC, will share the following information with recipient organizations (including both Advised Organizations and Client): (1) the Donor name; (2) email address; (3) mailing address; (4) designation; and (5) donation amount, unless the Donor opts out and chooses to remain anonymous at the time of donation, in which case the Processing Entity will not share the name, address, or email of the Donor with the recipient organizations.
8.7. Donor Information Provided to Client. Client may not share or sell names of Donors without their consent. Any Donors who do not opt to remain anonymous will be included in data provided to the Client, through services provided by MC. Data provided to the Client shall include the Donor’s name, mailing address, and email address, and the financial details of the Donor’s gift. Standardized reports and charts may be provided and accessed via the Platform as well.
9.1. Donor Engagement. Client will encourage donations through the Platform and recruit Qualifying Organizations for participation.
9.2. Marketing. Client will acknowledge that the Giving Site is “powered by Mightycause” in promotional materials where reasonable.
9.3. Communication Standards. Client will accurately communicate that contributions are made to the Processing Entity, which then distributes funds to selected organizations.
9.4. Content Responsibility. Client is responsible for Giving Site content and warrants it will not infringe third-party rights or contain inappropriate material. Client agrees not to post content that is false, defamatory, obscene, threatening, harassing, or otherwise objectionable.
9.5. Platform Usage Guidelines. Client acknowledges that Participating Organizations may: (1) access MC’s broader Platform Features for their independent fundraising activities; (2) be subject to MC’s standard Terms of Use and Privacy Policy for Platform usage; (3) be invited to participate in other MC Platform activities beyond Client’s Giving Site; and (4) receive communications from MC about additional services and Feature offerings, including service subscriptions.
9.6. No Exclusivity. Client acknowledges that MC retains the right to provide Services to Participating Organizations independently of these Terms of Service.
9.7. Compliance with Platform Terms. All Users of the Giving Site, including Client, Participating Organizations, and Donors, are subject to MC’s Terms of Use and Privacy Policy, which are incorporated by reference and available at https://www.mightycause.com/terms.
9.8. Consideration for Processing Entity’s Services. Client assures the Processing Entity that it will encourage prospective Donors to contribute to the Processing Entity’s systems and recruit Qualifying Organizations to be listed among the qualifying charities to which prospective Donors will advise the Processing Entity to issue funds from its systems.
9.9. No Goods or Services Promised or Provided to Donors. Client agrees that it shall not promise or provide any goods and services (e.g., tickets to events) in exchange for making a donation to the Processing Entity’s systems. Client understands that the Processing Entity may only accept pure contributions and not part gift and part sale transactions.
9.10. Communications Standards. Client assures the Processing Entity that, where reasonable, all of its communications (including but not limited to postings on the Platform, template fundraising materials, mailings, and advertisements) to potential Donors, Donors, and Qualifying Organizations related to any Giving Site shall accurately describe that contributions made via the Giving Site, although advised for the benefit of a specified Qualifying Organization, are given to the Processing Entity as completed gifts.
9.11. Sole Responsibility for Content. Client is solely responsible for the consequences of posting content on the Giving Site. Regardless, Client represents and warrants that the Giving Site content shall not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third-Party. Client further agrees that it shall not: (1) upload to, post, share, or otherwise publish through the Giving Site any content that is commercial in nature, including but not limited to promotional material, advertising, or solicitation for goods or services (other than materials that directly further charitable fundraising), or (2) upload, post, or distribute any content which is false, indecent, defamatory, obscene, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any Party or any law.
10.1. Client Grant of License Re: Trademarks. Client hereby grants the Processing Entity and MC a non-exclusive, non-transferable, royalty-free, limited license to display Client’s trademarks, trade names, and logos for the exclusive purpose of operating the Giving Site and soliciting donations through the Platform. The specific trademarks, trade names, and logos covered by this license shall be those provided by Client to MC in connection with the Services. This license shall continue for the duration of the Term and may be revoked by Client upon thirty (30) days’ written notice to MC and the Processing Entity.
10.2. MC Grant of License Re: Materials and Tools. MC hereby grants Client a limited, non-exclusive license to use the Custom Subdomain on Mightycause.com (as described in a Services Agreement Form) and Website Content related to the services performed by MC solely for the noncommercial purposes of promoting and raising charitable contributions and providing customer support in connection with the Giving Site.
10.3. MC Grant of License Re: Trademarks. MC grants Client a limited, non-exclusive, royalty-free license to use the trademark “MIGHTYCAUSE®” solely on its Giving Site for purposes of raising funds in connection with the Giving Site, provided that MC reserves the right to monitor Client’s use of its trademark “MIGHTYCAUSE®” and to require that Client’s use of it in conjunction with MC’s quality control criteria or standards. MC reserves the right to refuse or revoke permission to use the “MIGHTYCAUSE®” trademark any time, including in the event that Client breaches these Terms of Service and/or engages in any activities which, in MC’s sole discretion, may result in (a) physical or other harm to any person or entity; (b) violation of any third-party rights; (c) violation of any law, regulation, or ordinance; (d) damage or tarnishment of MC’s reputation or goodwill, and/or (e) jeopardy to any Party’s tax-exempt status. Client agrees that it will not incorporate any MC trademark within any trademark, trade name, or domain name that it creates.
10.4. Processing Entity Grant of License Re: Trademarks. When MCF serves as the Processing Entity, MCF grants Client a limited, non-exclusive, royalty-free license to use the trademark “MIGHTYCAUSE FOUNDATION™” solely on its Giving Site for purposes of raising funds in connection with the Giving Site, provided that MCF reserves the right to monitor Client’s use of its trademark “MIGHTYCAUSE FOUNDATION™” and to require that Client’s use of it in conjunction with MCF’s quality control criteria or standards. When Client serves as the Processing Entity, this trademark license provision shall not apply.
10.5. Miscellaneous Intellectual Property. Each Party agrees that nothing herein gives it any rights or interest in any of the other Parties’ intellectual property, except for the limited licenses granted herein. All such intellectual property shall remain the exclusive property of the other respective Parties.
11.1. Initial Term. The Term of these Terms of Service shall commence on the Effective Date as specified in a Services Agreement Form and shall continue for an initial period as specified in a Services Agreement Form (the “Initial Term”). This Agreement shall not automatically renew. Any renewal beyond the Initial Term must be negotiated and agreed upon in writing by the Parties prior to the expiration of the Initial Term. All obligations of Client incurred or existing under these Terms of Service as of the date of termination shall survive such termination.
11.2. Termination for Cause. A Party may terminate these Terms of Service for cause if either of the other Parties breaches any of the provisions of these Terms of Service or fails to perform any of its obligations hereunder; provided, however, a terminating Party shall have first given the other Parties written notice of such breach or failure and the breaching Party shall have failed to cure such breach or failure within thirty (30) days from the date of such notice.
11.3. Effects of Termination. Upon termination of these Terms of Service for any reason, the rights and obligations of the Parties shall forthwith terminate, except: (1) the respective rights and obligations of the Parties set forth herein with respect to activities occurring prior to the date of such termination shall survive the termination of these Terms of Service; (2) all unpaid consideration for Services rendered hereunder shall become due and payable; (3) other consideration based on the contract Term and which has been advanced to the other Party shall be pro-rated with any excess refunded to the advancing Party; and (4) if requested by a Party, the other Party or Parties shall promptly return to the requesting Party any and all property licensed by, or otherwise owned by, the requesting Party then in the requested Party’s possession or control (including but not limited to data collected for the requesting Party under these Terms of Service).
11.4. Event Cancellation. In the event that a Giving Event is canceled by the Client after substantial work has been completed by the MC team to build the Giving Site and prepare the campaign, the Client shall forfeit any set up fees charged for that year’s campaign to cover the cost of the work.
11.5. Survival. The following sections shall survive termination of these Terms of Service: Definitions (to the extent necessary to interpret surviving provisions), Intellectual Property, Confidentiality (if applicable), Liability Limitations, Indemnification, Governing Law, and this Survival clause.
12.1. Service Delivery. Services are provided “as is” without warranties of any kind. Both MC and the Processing Entity hereby disclaim all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and other warranties.
12.2. Specific Disclaimers. MC and the Processing Entity make no representations or warranties regarding: (a) the uninterrupted or error-free operation of the Platform or Services; (b) that the Services will meet Client’s specific requirements; (c) the accuracy, reliability, or completeness of any information provided through the Services, or (d) that any defects in the Services will be corrected.
12.3. Matching Grants. Neither MC nor the Processing Entity guarantees the payment of a matching grant for donations or advisements made by others through Client’s Giving Site. Such matching grants are administered at the sole discretion of Client or Participating Organizations, and neither MC nor the Processing Entity are responsible for or will be held liable for the matching grant administration.
12.4. Third-Party Services. The Services may include access to third-party services, content, or applications. MC and the Processing Entity disclaim any responsibility for such third-party services and their availability, functionality, or content.
13.1. Reasonable Efforts. MC will use commercially reasonable efforts to provide uninterrupted service, including Giving Site hosting, though does not warrant error-free or uninterrupted service.
13.2. Scheduled Maintenance. MC may perform scheduled maintenance on the Platform with reasonable advance notice to Client of maintenance expected to impact Client or Participating Organizations. MC will endeavor to schedule maintenance during off-peak hours and will minimize service disruption.
13.3. Service Levels. MC will use commercially reasonable efforts to maintain Platform Uptime of 99.9% measured on a monthly basis, excluding scheduled maintenance and Force Majeure Events. Platform availability is monitored at regular intervals using automated systems, and uptime calculations exclude isolated incidents affecting fewer than 5% of users. This uptime commitment does not include outages caused by factors outside MC's reasonable control, such as Client's or User’s internet connectivity, third-party service failures (including payment processors and domain registrars), or malicious attacks on the Platform.
13.4. Support Response. MC will provide support Services as specified in these Terms of Service, with response times varying based on the nature and urgency of the request.
14.1. Service Disclaimer. CLIENT AGREES THAT NEITHER THE PROCESSING ENTITY NOR MC, NOR ANY OF THEIR AFFILIATES WILL BE LIABLE TO CLIENT AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SERVICES THEY ARE PROVIDING UNDER THESE TERMS OF SERVICE (INCLUDING CLIENT’S USE OF, OR INABILITY TO USE, THE GIVING SITE). SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Any claims arising from the Services provided under these Terms of Service must be brought within one year of the date on which liability arose.
14.2. Third-Party Conduct. The Parties disclaim responsibility for the conduct of any Participating Organizations, Donors, fundraising page creators, or other third-party Users of the Platform. Client acknowledges that interactions with such Parties are at Client’s own risk.
14.3. Platform User Content. MC is not responsible for User Content posted by Users, Participating Organizations, or other third parties on the Platform, and makes no warranties regarding the accuracy, completeness, or appropriateness of such User Content.
14.4. Maximum Liability. IN NO EVENT SHALL THE TOTAL LIABILITY OF MC OR THE PROCESSING ENTITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO MC UNDER THESE TERMS OF SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
14.5. Force Majeure. Neither Party will be liable for any failure or delay in performance under these Terms of Service which is due to a Force Majeure Event.
15.1. Mutual Indemnification. Each Party will hold harmless and indemnify any other Party from and against any third-party claim arising from or in any way related to the breach of its obligations hereunder, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature.
15.2. Client Indemnification. Client will defend, indemnify, and hold harmless MC and MCF from and against any third-party claims arising from: (a) Client’s use of the Services in violation of these Terms of Service; (b) Client’s decisions or actions while serving as Designated Processing Entity; (c) Client’s violation of any applicable law or regulation; (d) any content posted by Client on the Giving Site; (e) any breach of Client’s representations and warranties; and (f) any negligent or willful misconduct by Client.
15.3. MC Indemnification. MC will defend, indemnify, and hold harmless Client from and against any third-party claims that the Platform or Services, when used in accordance with these Terms of Service, infringe any valid copyright, trademark, or trade secret of a third party.
15.4. Indemnification Process. The indemnified party must promptly notify the indemnifying party of any claim and cooperate in the defense. The indemnifying party will have the right to control the defense and settlement of any claim, provided that no settlement admitting liability on behalf of the indemnified party will be made without the indemnified party’s consent.
16.1. Assignment. Client shall have no right to transfer or assign these Terms of Service or any Services Agreement or the Client’s rights or obligations under these Terms of Service or any Services Agreement, whether by operation of law or otherwise, in whole or in part, without MC’s express prior written consent (which consent shall not be unreasonably withheld, conditioned, or delayed), and any attempted transfer or assignment in violation of the foregoing shall be null and void. MC may transfer, assign, or subcontract these Terms of Service or any Services Agreement or MC’s rights or obligations under these Terms of Service or any Services Agreement, in whole or in part, without thirty (30) days' notice provided to Client, except that any Party may assign or transfer this Agreement without such notice to a successor that acquires either substantially all of such Party’s assets or acquires a majority of such Party’s voting stock by purchase, merger, or other transaction.
16.2. Binding Effect. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the Parties hereto and their permitted successors and assigns.
16.3. No Legal Partnership. These Terms of Service create an independent contractor relationship for service provision. It does not create a legal partnership, joint venture, or agency relationship between any Parties. No Party has authority to obligate or bind the others.
16.4. Governing Law and Jurisdiction. These Terms of Service are governed by Virginia law without regard to conflict of law principles. Any disputes arising under these Terms of Service shall be resolved in the state or federal courts located in Richmond, Virginia, and the Parties consent to the jurisdiction of such courts.
16.5. Modifications and Amendments. MC and MCF each reserve the right to amend, modify, or update these Terms of Service at any time at their sole discretion. Amendments may be made to reflect changes in legal requirements, business practices, platform features, or operational needs. While amendments to these Terms of Service are not made frequently, and MC and MCF will endeavor to provide advance notice of 30 days when reasonably practicable, MC and MCF reserve the right to implement amendments immediately and provide contemporaneous notice in circumstances beyond their reasonable control that require immediate action. MC or MCF will provide notice of material changes to these Terms of Service by posting the revised terms at https://www.mightycause.com/platform-terms and may provide additional notice via email to Client’s designated contact. Such notice may be provided after the revised terms become effective. Client’s continued use of the Services after amendments become effective constitutes acceptance of the revised Terms of Service. If Client objects to any amendments, Client may either (a) terminate these Terms of Service in accordance with Section 11 (Term and Termination), or (b) negotiate modifications or exceptions to the amended terms through execution of a new Services Agreement Form, which shall supersede the conflicting provisions of the amended Terms of Service for that Client only. Notwithstanding the foregoing, amendments that affect fees, payment terms, or other financial obligations as specifically set forth in an executed Services Agreement Form shall require mutual written agreement between all Parties and may not be unilaterally modified by MC or MCF.
16.6. Severability. If any provision of these Terms of Service is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
16.7. Waiver. The waiver of any breach or default will not constitute a waiver of any subsequent breach or default.
16.8. Entire Agreement. These Terms of Service, including all exhibits, attachments, and Service Agreement Forms, constitutes the entire Agreement between the Parties and supersedes all prior agreements, understandings, and communications relating to the subject matter hereof.
16.9. Counterparts and Electronic Signatures. These Terms of Service may be executed in counterparts and by electronic signature, each of which will be deemed an original and all of which together will constitute one Agreement.
16.10. Headings. Section headings are for convenience only and do not affect the interpretation of these Terms of Service.
17.1. Compliance with Laws. All Parties will comply with applicable federal, state, and local laws and regulations in connection with their performance under these Terms of Service, including but not limited to charitable solicitation and fundraising regulations.
17.2. Technology Provider Role. MC serves exclusively in the capacity of a technology service provider. MC does not engage in fundraising consulting, solicitation activities, or fundraising management on behalf of any Party. All fundraising activities, donor relationships, and campaign management are conducted independently by Client and Participating Organizations using MC’s technology tools.
17.3. California Compliance. For purposes of California charitable fundraising regulations, including but not limited to Form PL-4 reporting requirements, MC serves solely as a charitable fundraising Platform providing software-as-a-service technology. MC does not function as a fundraising counsel, commercial fundraiser, or charitable fundraising consultant as those terms are defined under California law. Client and Participating Organizations maintain full control and responsibility for all fundraising activities conducted through the Platform.
17.4. Regulatory Responsibility. MC and the Processing Entity will take reasonable steps comply with federal, state, and local laws and regulations applicable directly to their provision of the Services. Each Party is responsible for its own regulatory compliance and reporting requirements.
18.1. Confidential Information Defined. Each Party may have access to Confidential Information of the other Parties during the Term of these Terms of Service.
18.2. Confidentiality Obligations. Each Party agrees to: (a) maintain the confidentiality of the other Parties’ Confidential Information; (b) not disclose such information to third parties without prior written consent; (c) use such information solely for purposes of performing under these Terms of Service; and (d) take reasonable security measures to protect such information.
18.3. Exceptions. Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no breach of these Terms of Service; (b) was known prior to disclosure; (c) is independently developed; or (d) is required to be disclosed by law or court order.
18.4. Return of Information. Upon termination, each Party will return or destroy all Confidential Information of the other Parties, except to the extent retention is required by law or necessary to fulfill surviving obligations, except that MC may retain a copy of all information entered onto the Platform in perpetuity.
19.1. Informal Resolution. The Parties agree to attempt to resolve any disputes arising under these Terms of Service through good faith negotiations before pursuing formal legal proceedings.
19.2. Mediation. If informal negotiations fail, disputes will be submitted to binding mediation before a mutually agreed mediator in Virginia.
19.3. Litigation. If mediation is unsuccessful, disputes may be resolved through litigation in the courts specified in the Governing Law section.
19.4. Continued Performance. During any dispute resolution process, the Parties will continue to perform their non-disputed obligations under these Terms of Service.
20.1. Notice Requirements. All notices required under these Terms of Service must be in writing and delivered by: (a) certified mail, return receipt requested; (b) nationally recognized overnight delivery service; or (c) email with delivery confirmation.
20.2. Notice Addresses. Notices must be sent to the addresses specified below:
To MC: Mightycause Corporation, P.O. Box 160, Marianna, FL 32446, Attn: Legal Department, legal@mightycause.com
To MCF: Mightycause Charitable Foundation, P.O. Box 160, Marianna, FL 32446, Attn: Legal Department, legal@mightycausefoundation.org
To Client: Client notice address shall be specified in a Services Agreement Form.
20.3. Effective Date. Notices are effective upon receipt or three (3) days after mailing, whichever occurs first.
20.4. Address Changes. Any Party may change its notice address by providing written notice to the other Parties.
21.1. Counterparts. This Addendum may be executed in counterparts and by electronic or facsimile signatures, each of which shall be deemed a duplicate original, but all of which together shall constitute one and the same instrument.
By signing a Services Agreement Form, all Parties agree to the terms of these Terms of Service and represent that they have the authority to enter into these Terms of Service on behalf of their respective organizations.
Last updated January 26, 2026 | Rev. 1.15
Rev. 1.15 – Effective January 26, 2026 Revised definitions (2.29, 2.34, 2.36); revised security standards (7.8), service levels (13.3), and data retention (18.4).
Rev. 1.14 – Effective January 23, 2026 Revised definitions (2.9, 2.29, 2.34, 2.36); updated fee structure (4.1); added security standards (7.8); revised service levels (13.3) and data retention (18.4).