Terms of Service

Introduction

Welcome to SparkGive. These Terms of Service ("Terms") govern your use of the SparkGive text-to-give donation platform, website, and services (collectively, the "Service") operated by SparkGive ("we," "our," or "us").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

Service Description

SparkGive is a text-to-give donation platform that enables donors to make donations to churches and nonprofit organizations via SMS text messages and online payments. The Service facilitates the processing of donations, manages donor information, and provides donation management tools for churches and organizations.

User Accounts

To access certain features of the Service, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete.

SMS Text Messaging Terms

By using our text-to-give service, you agree to the following terms related to SMS messaging:

• You consent to receive SMS messages related to donations, receipts, confirmations, and account information.
• Message and data rates may apply. The frequency of messages will depend on your donation activity and account settings.
• You can opt out of receiving SMS messages at any time by texting "STOP" to our service number.
• You represent that you are the owner or authorized user of the mobile device used to interact with our Service.
• SMS messages may not be delivered if your phone is not in range of a transmission site, or if sufficient network capacity is not available.
• You acknowledge that text messages are not encrypted and may include personal or financial information.

For more information about our SMS messaging practices, please see our SMS Consent Policy.

Donations and Payments

When you make a donation through our Service, you agree to the following:

• You authorize us to charge your payment method for the donation amount specified.
• For recurring donations, you authorize us to charge your payment method on a recurring basis until you cancel.
• You represent that you are authorized to use the payment method provided.
• All donations are final and non-refundable, except as required by law or at the discretion of the receiving organization.
• We use third-party payment processors to process donations. Your use of these services is subject to their terms and privacy policies.
• We are not responsible for errors made by payment processors or your financial institution.
• Transaction fees may apply to donations, as disclosed during the donation process.

Church and Organization Accounts

Churches and organizations using our Service agree to the following additional terms:

• You represent that you have the authority to act on behalf of the church or organization.
• You are responsible for maintaining accurate account information, including payment processing details.
• You agree to use donor information only for legitimate purposes related to donation processing, acknowledgment, and communication.
• You are responsible for complying with all applicable laws regarding charitable solicitations, tax reporting, and donor communications.
• You agree to respond promptly to donor inquiries and concerns regarding donations made to your organization.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any laws
• Attempting to interfere with or disrupt the Service or servers
• Attempting to access accounts or data not belonging to you
• Using the Service to transmit viruses, malware, or other malicious code
• Impersonating another person or entity
• Using the Service for fraudulent purposes
• Collecting user information without consent
• Engaging in any activity that interferes with or disrupts the Service

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of SparkGive and its licensors. The Service is protected by copyright, trademark, and other laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SparkGive.

Limitation of Liability

To the maximum extent permitted by law, in no event shall SparkGive, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

SparkGive does not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

Indemnification

You agree to defend, indemnify, and hold harmless SparkGive and its licensors, service providers, employees, agents, officers, and directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page and updating the "Last Updated" date.

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. You are advised to review these Terms periodically for any changes.

Contact Us

If you have any questions about these Terms, please contact us at: