Last Updated: October 12, 2023
Myrtus Inc. (“Myrtus” or “we”) welcomes you to use our platform located at https://philanthropy.app/ (“Platform”). These Terms of Use (“Terms”) describe the terms and conditions that govern your use of or access to our Platform. The Terms constitute an agreement between you and us, so please read these Terms carefully.
By accessing or using the Platform, you agree to be bound by these Terms, our Privacy Policy (https://philanthropy.app/privacy), and the other rules provided with the Platform, whether or not you are a registered user of our Platform. If you do not accept or understand the Terms, please do not use or access the Platform.
The Terms can be updated from time to time. Please check back periodically for the latest version of the Terms. If there are any significant changes made to the Terms, we will notify you. Your use of the Platform following any changes to these Terms constitutes your acceptance of any such changes.
“Donor” means either a registered or an anonymous User who made a One-Time Donation or set up a Recurring Donation to one or several Profiles.
“Offer” means a peer-to-peer non-reciprocal voluntary offer of gifts and/or services to be granted or performed within the Story at no consideration to be agreed upon between Users in a separate unsolicited communication.
“One-Time Donation” means a one-time transaction made by a User via a particular Story. All donations made through our Platform are voluntary contributions. Donors willingly choose to contribute funds and support the causes, projects, or individuals of their choice. The decision to donate is solely at the discretion of the Donor, and no undue influence or pressure will be exerted by the Platform. The Platform does not charge commissions on the amount of donations made by donors. However, Donors are responsible for any fees associated with the payment method they choose to use for their donations, see more in in “FEES AND PAYMENT” section of these Terms.
“Profile” means the User’s personal account on the Platform listing certain personal information, chosen Topics, history of published Stories, Reports, Offers, and User’s awards.
“Rating” means an internal Platform grading system for various actions such as sending and receiving donations, positive or negative votes of Donors on published Reports, help in detecting violations of these Terms, or fraudulent activity. Rating is a part of the public Profile data, depending on the rating points the User is awarded a rank according to the table published here. Each new rank expands the fundraising limit and also increases the credibility of the User’s profile for potential Donors/Volunteers.
“Recurring Donation” means a subscription-based series of fixed-amount transactions made by a User towards a particular Profile within the set interval.
“Report” means any information and/or documents published by Storytellers confirming the use of funds contributed within the Story for the needs expressly listed in the Story description and confirming the progress on the fundraising purposes, that Users can vote on in terms of Story efficiency and legitimacy.
“Story” means a generally non-commercial fundraising campaign in a form of a video clip accompanied by a text description and media content, including images, GIFs, etc. Each Story sets a fundraising limit and provides Reports to Users (see exceptions in “PROHIBITED ACTIVITIES” section of these Terms). Each Story is subject to User’s positive or negative voting in terms of the Story’s efficiency and legitimacy.
“Storyteller” means a User launching a Story.
“Topic” means a category of activities listed on the Platform, individual Profiles, and particular Stories (e. g. animals, education, children) for the purposes of fundraising.
“User” or “you” means you and any other end user of the Platform by, under, or through you, including Storytellers, Donors, and Volunteers.
“Volunteer” means a User who makes Offers to Storytellers and offers their volunteer services or gifts for free.
Welcome to our Platform! We are delighted to offer you an online space where Users can raise and donate funds and/or services to support various organizations, persons, and missions. We only provide access to the Platform, and the Platform is offered only to provide technology to allow Users to connect. Our role is expressly limited to making the Platform available and maintaining the Platform for Users.
We are a platform and not an agent, consultant, professional fundraiser, broker, financial institution, payment processor, money services business, charity, or fiduciary for any User for any purpose. We are not responsible for the items offered by Storytellers and do not control the information provided by Storytellers. We are not responsible for any content posted by any User, including the accuracy of any description or the timeliness or reliability of any information or content provided by Users within the Platform, including Stories.
We do not engage in any solicitation activities on behalf of any individual, entity, organization, or charity.
We do not intend to and do not post information to provide financial, legal, tax, or other professional advice. Before making any payment to any Storyteller through the Platform, you should consult your own financial, legal, tax, or other professional advisor as you deem appropriate. Users acknowledge that all information and content they access is at their own risk.
We have no control over the conduct of or any information provided by any User and expressly disclaim all liability to the fullest extent permitted by law, as more specifically described below. We are not responsible for and do not endorse any User and do not guarantee or warrant, expressly or impliedly, that any information provided through the Platform is accurate or how the funds raised by any Storyteller will be used.
Please also be advised that offering gifts and volunteer services to other Users is a peer-to-peer part of the Platform where Users interact directly with each other, and the Platform has no control over the process and cannot be held responsible for any actions taken within such communication. We merely provide a Platform for such announcements and the ability to publish them, thus, we are not responsible for any possible damages and negative consequences of User interaction. Senders of offers of any gifts are prohibited to offer someone else’s property that does not belong to them, as well as stolen goods, or things that are under pledge, lien, or arrest. For further information see also the section “PROHIBITED ACTIVITIES” below.
You must be at least 18 years old (or the age of majority in your jurisdiction) to access, use, or register with the Platform.
Users are not obligated to create Profiles on the Platform; however, to access and utilize certain features and functionalities, the creation of a Profile is necessary. For example, Storytellers must create a Profile on the Platform to utilize its features. By creating a Profile on the Platform, you grant us consent to utilize photo, video, and text data published from your public profile for our marketing campaigns and other promotional purposes. A single Profile is used for all Platform activities, including but not limited to sending donations, publishing Stories, collecting funds, sending or receiving gifts, and offering volunteer services.
During registration, Users must provide necessary verification information and choose a username and password for Profile access. Users must protect any passwords or other credentials associated with their Profiles in the Platform and take full responsibility for any use of the Profile under their passwords. Users agree to notify us of any breach of security or unauthorized use of their Profile.
Users also have the option to create a Profile on the Platform using their existing social media accounts, subject to the Platform’s integration with the respective social media platforms. By choosing this method of Profile creation, Users understand and agree to grant the Platform access to certain information from their social media accounts, as permitted by the respective social media platform’s terms and privacy settings. The Platform will not post anything on the User’s social media account without explicit consent.
The User understands that the ability to create a Profile using social media accounts may be subject to change or discontinuation at any time, and the Platform reserves the right to modify or remove this feature without prior notice.
Please note, that there are no private Profiles on the Platform. Users may remain anonymous by specifying a fictitious pseudonym and using a non-real photo for their Profile if they wish to remain anonymous.
All Profiles are subject to these Terms, and we reserve the right to cancel or suspend Profiles if these Terms are violated. In cases of fraud or violations of laws, the Platform reserves the right to disclose information to law enforcement authorities or initiate legal proceedings.
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Platform.
Storytellers and other Users collecting funds on the Platform must undergo Profile verification by providing proof of identity and address before being able to withdraw funds. The verification process is designed to ensure the security and legitimacy of fundraising activities on the Platform.
In addition to the initial verification requirements, the Platform reserves the right to request further information or documentation from the User at any time during the fundraising process. Such additional information may be required to maintain compliance with applicable laws and regulations, prevent fraudulent activities, or enhance the safety and trustworthiness of the Platform’s fundraising community.
The User acknowledges and agrees to cooperate with the Platform’s verification requests promptly and in good faith. Failure to provide the requested information within a reasonable timeframe may result in delays in fund disbursement or, in severe cases, suspension or termination of the User’s fundraising activities on the Platform.
Please note that Users who have successfully verified their Profiles on the Platform are strictly prohibited from creating another Profile. The verification process is put in place to ensure the security, authenticity, and integrity of user interactions within the Platform.
In the event that a verified User attempts to create multiple Profiles, the Platform reserves the right to take appropriate actions, including but not limited to:
The Platform’s decision regarding such violations shall be at its sole discretion, and Users are expected to adhere to these Terms to maintain a fair and transparent community for all Users.
The User acknowledges and agrees that upon deleting their Profile, only their private and personal information and profile will be deleted from the Platform. However, the User acknowledges and understands that certain information related to Stories involving other Users cannot be deleted, as such data may be necessary for transparency, accountability, and record-keeping purposes within the Platform’s community. This includes published and completed Stories that collected donations, as well as Reports and offers related to those Stories.
Upon the deletion of a User’s Profile, any Stories, Reports, and offers published by the User will show “Deleted Account“ as the author.
By using the Platform and creating a Profile, the User consents to the retention of certain public information as described in this section and acknowledges that the Platform may retain such data for legitimate purposes even after the User’s Profile is deleted.
We grant you a limited, non-exclusive, non-transferable, non-assignable license to access and make personal and non-commercial use of the downloadable software included in the Platform. You are not allowed to resell or commercially use any part of the Platform or its contents and materials.
Please note that all Users should adhere to these provisions to maintain a safe and trustworthy environment for charitable activities on the Platform.
We retain the express right to refuse or terminate the use of the Platform by any individual or entity at our sole discretion, without prior notice, and for any reason or no reason at all. In the event of termination, any rights, obligations, or indemnity obligations related to pending or completed purchases and the use of the Platform or services shall survive such termination.
We reserve the right, although not obligated, to monitor activity and content on the Platform. We may investigate reported violations of applicable laws, rules, or regulations by Users, as well as transactions conducted on the Platform or through its services. If deemed appropriate, we may take action such as issuing warnings, suspending or terminating services, denying access, or removing content from the Platform. Furthermore, we may investigate the use of a credit card by a User and take necessary action, including canceling any related transactions.
The Platform may retain independent volunteers to verify the appropriate use of donated funds for the intended cause. This measure aims to ensure transparency and accountability in the utilization of funds. In case we or the independent volunteers detect inappropriate use of donated funds, we retain the right to notify law enforcement authorities of such misuse, block any User’s Profile, and cancel any pending transactions.
To ensure the integrity of the Platform, the Platform’s security service may request additional confirmation regarding the utilization of funds collected through the Platform. If a User is unable to provide such confirmation, the Platform reserves the right to block the User’s Profile and notify law enforcement authorities.
If you are not the beneficiary of a Story you’ve published and the fundraising campaign behind it, you agree to deliver funds directly to the intended recipient promptly. You must fully cooperate with any requests we make to verify your compliance with these Terms.
The examples in the following section illustrate prohibited User-generated content and uses that are illegal or violate our guidelines. This list is not exhaustive, and we reserve the right to remove campaigns and investigate Users who, at our sole discretion, violate these Terms. During investigations, we may consider various sources, including but not limited to social media, related news, and other relevant information. We also reserve the right, without limitation, to ban or disable your Profile, remove offending User-generated content, suspend, or terminate your Profile, halt payments to any campaign, freeze or hold donations, and report you to law enforcement authorities or take appropriate legal action, including seeking restitution on behalf of ourselves and/or our Users.
You own all data, information, photos, text, and other materials that you upload, post, provide, develop, operate, or display in the Platform (“User Content”). You agree that your User Content will not violate any applicable law or any third-party rights. Additionally, all Users are obliged to upload the content created by such Users on their own or by its contractually bound third parties creating such content on such User’s behalf. Any use of the content created by any unrelated third party will constitute a breach of these Terms and cause an immediate restriction of your Profile in accordance with the section “PLATFORM GUIDELINES” above.
We do not take any ownership rights in the User Content. But you grant us a non-exclusive, assignable, royalty-free, perpetual, non-revocable, worldwide license to use, copy, modify, reproduce, store, display, publish, and distribute the User Content, including for the purpose of promoting the Platform. This license will last for a period that is commercially reasonable for us to use the User Content.
As a User of the Platform, you are responsible for complying with all applicable laws in relation to your use of the Platform. You are also solely responsible for any User-generated content you upload, post, publish, display, transmit, or use. As a User, you are responsible for your own communications, including the upload, transmission, and posting of information, and you bear the consequences of such actions on or through the Platform. We explicitly prohibit the following uses of the Platform:
Furthermore, within the Platform, it is strictly prohibited to:
Please note that engaging in any of the above activities may result in Profile suspension or termination of your Profile and/or access to the Platform, removal of content, and corresponding legal consequences. We strive to maintain a safe and respectful environment for all Users on the Platform.
We reserve our right to remove from the Platform any content that violates these restrictions or to suspend or terminate your Profile for violation of these Terms.
The Platform operates with transparency and openness, making certain information publicly accessible to all Internet users, as well as indexed by search engines and displayed in search results. By using the Platform, Users agree to the public availability of specific data related to their Profile and activities, which includes but is not limited to the following:
Please be aware that once a Story collects at least $1 in donations, it becomes part of the public domain and cannot be deleted even if the User’s Profile is later deleted. However, the Platform will remove private information upon Profile deletion, ensuring the protection of sensitive data.
By using the Platform, Users acknowledge and consent to the public availability of the mentioned information and data as described in this section. It is the responsibility of Users to be mindful of the information they share on the Platform and to exercise caution in disclosing personal or sensitive details.
We are not a payment processor, money services business, or other financial institution. Payments made to a Storyteller are processed using third-party payment processors (“Payment Processor”). All Users acknowledge and agree that the use of Payment Processors is essential to the Platform and that we exchange information with Payment Processors to facilitate the access to Platform.
Processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms.
Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal (“Payment Processor Agreement”) and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor.
Payment Processor provides all financial platforms for payments made to Fundraisers through the Platform. If a credit card account is being used for a transaction, the Payment Processor may obtain preapproval for an amount up to the amount of the payment. If you enroll to make Recurring Donations, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make payments to Storytellers through the Platform while we verify your new payment information.
You represent and warrant that if you are making payments to Storytellers through the Platform (i) any credit card, debit card, or bank account information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant card and card information.
In connection with payments to Fundraisers made through the Platform, you shall:
The following information is important regarding receiving or donating funds through the Platform:
By using the payment and donation features on the Platform, Users acknowledge and accept the terms outlined in this section.
All rights, including any copyright, patent, trade secret, or other intellectual property rights in the Platform, will remain our sole property.
If you believe that your copyrights have been infringed in any way, please send us a complaint at inbox@philanthropy.app with “Copyright” in the subject line.
We may issue updates or upgrades to the Platform and disable access to the Platform for any period of time or permanently. The Platform is subject to scheduled and unscheduled service interruptions.
You consent to automatic updates or upgrades of the version of the Platform that you are using on your device to a new version.
You agree that we will not be liable to you for any interruption of the Platform.
Our Privacy Policy https://philanthropy.app/privacy explains how we collect, use, and protect your personal data.
When you collect or transmit any personal data through the Platform, you must follow all laws and obtain all permissions from each data source to transmit such data through the Platform. You agree not to:
You acknowledge that the products, content, technology, and software available on the Platform may be subject to U.S. customs and export control laws and regulations. These items may also be subject to the customs and export laws of the country where they are manufactured or received. By using, downloading, or purchasing technology or software from the Platform, you agree to comply with all applicable laws, rules, and regulations, including the Export Administration Act and the Arms Export Control Act.
You represent and warrant that you will not unlawfully transfer software, technology, or any other items to foreign nationals or foreign destinations in violation of the law, whether through electronic transmission or any other means. Additionally, you agree not to use or provide any products to individuals or entities who are prohibited from receiving such items under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. This includes adherence to U.S. antiboycott regulations, economic sanctions, export restrictions outlined in the Export Administration Regulations, or the sanctions regulations administered by the Office of Foreign Assets Control (OFAC).
In the event of non-compliance with these provisions or any applicable export control, antiboycott, or economic sanctions laws and regulations, you shall indemnify and hold the Company harmless from any claims, demands, damages, costs, fines, penalties, attorneys' fees, and other expenses that may arise.
Please ensure that you carefully comply with these requirements to adhere to export regulations and maintain legal compliance on the charitable platform.
The Platform may contain links to platforms owned by third parties. Such links are provided for informational purposes only. We are not responsible for any third-party platforms or their content.
The Platform is provided to you “as is.” We make no warranty of completeness, accuracy, availability, timeliness, security, or reliability of the Platform or any content in the Platform. We will not be liable for any damages, including loss of profits, loss of data, or other losses resulting from:
You agree to defend, indemnify, and hold us harmless from any claim, losses, obligations, damages, or expenses arising from your use of or access to the Platform, your breach of these Terms, or your violation of any law or the rights of a third party. This term will continue to be effective even if you have stopped using the Platform.
All claims relating to these Terms or the Platform will be governed by the law of the State of New York, excluding its conflict-of-laws rules. Any claim will be resolved by the American Arbitration Association or JAMS.
You agree that any cause of action arising out of or related to the Platform must commence within 1 year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You may stop using the Platform or delete your Profile at any time.
We reserve the right to discontinue the Platform at any time without notice. We may also terminate or suspend your access to the Platform without notice if (a) you violate these Terms or (b) we are required to do so to comply with a legal requirement or court order.
If you have any questions about these Terms, you can contact us atinbox@philanthropy.app