1. Agreement to these Terms

These Terms of Service (“Terms“) are a binding agreement between Swift Give (“Swift Give,” “we,” “us,” or “our“), the operator of the Swift Give donation and fundraising platform available at https://swiftgive.org and related subdomains (the “Platform” or “Service“), and the organization or individual that creates an account or otherwise uses the Service (“you,” “Customer,” or “Organization“).

By creating an account, connecting a third-party integration, accepting these Terms in the application, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy at https://swiftgive.org/privacy-policy, which is incorporated by reference. If you are entering into these Terms on behalf of an organization, you represent that you are authorized to bind that organization.

If you do not agree to these Terms, do not use the Service.

2. Definitions

• “Organization” means a nonprofit, charity, business, or other entity that uses the Service to receive donations, sell event tickets, or manage fundraising.
• “Authorized User” means an individual you permit to access your Swift Give account (e.g., staff or administrators).
• “Donor” means an end user who makes a donation, payment, or registration through a campaign or page powered by the Service.
• “Donation” means any contribution, payment, registration fee, or other transaction processed through the Service.
• “Payment Processor” means a third-party payment provider used to process transactions, including Stripe, NMI, and Maverick Payments.
• “Integration” means a third-party service you choose to connect to the Service, including QuickBooks Online, Bloomerang, Mailchimp, and Twilio.
• “Customer Data” means data you, your Authorized Users, or your Donors submit to or generate through the Service.

3. Description of the Service

The Service provides software tools for online fundraising and donor management, which may include donation pages and campaigns, recurring donations, event ticketing and registration, donor records, receipting and statements, communications, reporting, workflow automation, and optional connections to third-party Integrations such as accounting and CRM systems.

Swift Give provides software only. Swift Give is not a bank, payment processor, money transmitter, charity, donor-advised fund, or tax advisor. Funds are processed and settled by the applicable Payment Processor under that processor’s own agreement with you. We do not take custody of donated funds except to the extent, if any, expressly described in a separate written agreement.

4. Accounts and Authorized Users

You must provide accurate, complete information when registering and keep it current. You are responsible for: (a) all activity under your account; (b) maintaining the confidentiality of credentials; (c) the acts and omissions of your Authorized Users; and (d) promptly notifying us of any unauthorized access or use. We may suspend or terminate accounts that we reasonably believe are inaccurate, fraudulent, or in violation of these Terms.

5. Eligibility and Customer Responsibilities

You represent and warrant that: (a) you and your Authorized Users are at least 18 years old and able to form a binding contract; (b) you are authorized to solicit and receive donations or payments in the jurisdictions where you operate; (c) you will comply with all laws and regulations applicable to your fundraising, charitable solicitation, tax-receipting, data-protection, and payment activities; and (d) neither you nor your principals or beneficiaries are subject to economic sanctions or located in an embargoed jurisdiction. You are solely responsible for the accuracy and legal compliance of donation receipts, tax acknowledgements, and disclosures you issue to your Donors.

6. Acceptable Use

You agree not to, and not to permit any Authorized User or third party to:

• use the Service for any unlawful, fraudulent, deceptive, or misleading purpose, including soliciting donations under false pretenses;
• process transactions that are not bona fide donations, payments, or registrations for your Organization;
• upload or transmit malicious code, or attempt to gain unauthorized access to the Service or its related systems;
• interfere with or disrupt the integrity or performance of the Service;
• reverse engineer, decompile, or attempt to derive source code, except to the extent this restriction is prohibited by law;
• use the Service to violate the rights of others, including privacy and intellectual-property rights;
• resell, sublicense, or provide the Service to third parties except as expressly permitted; or
• use the Service in violation of any Payment Processor’s or Integration’s rules, including the card-network rules and the Payment Card Industry Data Security Standard (PCI-DSS).

We may investigate suspected violations and may suspend or terminate access to protect the Service, our users, or third parties.

7. Donations, Payments, and Fees

Payment processing. Donations and payments are processed by third-party Payment Processors (e.g., Stripe, NMI, Maverick Payments). Your use of payment processing is also governed by the applicable processor’s terms, and you are responsible for entering into and complying with those agreements. Swift Give does not store full payment-card numbers; card and bank data is handled and tokenized by the PCI-compliant Payment Processor.

Fees. Platform fees, processing fees, and any optional fees are described in your order, plan, or the in-product fee settings. Processing fees are set by the Payment Processor. You authorize the deduction or collection of applicable fees. Except as required by law or expressly stated, fees are non-refundable.

Refunds and chargebacks. Refunds to Donors and the handling of chargebacks are your responsibility and are subject to the Payment Processor’s rules. You are responsible for resolving disputes with your Donors.

Taxes and receipts. You are solely responsible for determining, collecting, reporting, and remitting any taxes, and for issuing accurate donation receipts and acknowledgements to your Donors. Swift Give does not provide tax or legal advice.

8. Third-Party Integrations (including QuickBooks Online)

The Service offers optional Integrations with third-party services, including QuickBooks Online, Bloomerang, Mailchimp, and Twilio. If you connect an Integration:

• you authorize Swift Give to access, read, and (where applicable) write data to that third-party service on your behalf, solely to provide the features you enable — for example, syncing summarized payout and donation accounting entries to QuickBooks Online;
• your use of the third-party service is governed by that provider’s own terms and privacy policy, and you are responsible for complying with them and for maintaining your own account and authorizations;
• you may disconnect an Integration at any time within the Service, which revokes Swift Give’s ongoing access going forward; and
• Swift Give is not responsible for the availability, accuracy, or acts of third-party services, and access may change or be discontinued if a provider changes or withdraws its API.

We access third-party data only as needed to provide the Service to you and do not use one customer’s connected data for the benefit of any other customer.

9. Customer Data and Privacy

As between you and Swift Give, you own your Customer Data. You grant us a worldwide, non-exclusive license to host, process, transmit, display, and use Customer Data solely to provide, secure, support, and improve the Service and as otherwise permitted by the Privacy Policy. You are responsible for the accuracy and lawfulness of Customer Data and for providing any required notices to, and obtaining any required consents from, your Donors and Authorized Users. Our collection and use of personal information is described in our Privacy Policy at https://swiftgive.org/privacy-policy.

10. Security

We maintain administrative, technical, and physical safeguards designed to protect the Service and Customer Data, which include access controls, encryption in transit, support for multi-factor authentication for administrators, and CAPTCHA protections on public forms. No method of transmission or storage is completely secure, and you are responsible for configuring access for your Authorized Users appropriately and for safeguarding your credentials.

11. Intellectual Property; License

The Service, including all software, design, and content provided by us (excluding Customer Data and third-party materials), is owned by Swift Give and its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal fundraising and donor-management purposes during the term. We reserve all rights not expressly granted. You may provide feedback, and we may use it without restriction or obligation to you.

12. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL MEET YOUR REQUIREMENTS. WE ARE NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, OR SERVICES OF PAYMENT PROCESSORS OR INTEGRATIONS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIFT GIVE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, DONATIONS, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $1000. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Indemnification

You will defend, indemnify, and hold harmless Swift Give and its affiliates from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) Customer Data; (c) your fundraising, payment, tax-receipting, or donor communications; (d) your violation of these Terms or applicable law; or (e) your use of a Payment Processor or Integration.

15. Term, Suspension, and Termination

These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law or a Payment Processor or Integration, or to protect the Service or others. Upon termination, your license to use the Service ends. We may make Customer Data available for export for a limited period and may thereafter delete it in the ordinary course, subject to law and the Privacy Policy. Sections that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnification, and governing law) survive termination.

16. Changes to the Service or Terms

We may modify the Service or these Terms from time to time. If we make material changes to these Terms, we will provide notice by reasonable means (for example, by posting the updated Terms with a new effective date or notifying you in-product or by email). Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Governing Law and Disputes

These Terms are governed by the laws of Texas USA, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts located in Texas, except that either party may seek injunctive relief in any court of competent jurisdiction. 

18. General

These Terms, together with the Privacy Policy and any order or plan, are the entire agreement between you and Swift Give regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates a partnership, agency, or joint venture.

19. Contact

Questions about these Terms can be sent to: support@swiftgive.org