Terms of Service
These Terms of Service ("Terms") govern access to and use of the websites, applications, dashboard platform, and related services (collectively, the "Services") provided by Yidgive ("Yidgive," "we," "us," or "our"). By accessing or using the Services, or by clicking to accept these Terms, you agree to be bound by them. If you are entering into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" and "Customer" refer to that entity.
1. Definitions
- "Customer" means the entity or person subscribing to or using the Services.
- "Authorized Users" means individuals the Customer permits to use the Services under its account.
- "Customer Data" means data the Customer or its Authorized Users submit to or generate within the Services.
- "Documentation" means the usage guides and policies we make available for the Services.
2. Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to use the Services. You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of your credentials, and for all activity that occurs under your account. Notify us promptly at info@yidgive.com of any unauthorized use.
3. The Services and license
Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your internal business purposes during your subscription term. We may update, improve, or modify the Services from time to time.
4. Acceptable use
You agree not to, and not to permit any Authorized User or third party to:
- use the Services in violation of any law or third-party rights;
- upload or transmit unlawful, infringing, or harmful content;
- send messages to recipients who have not provided required consent, or use the Services to send marketing messages where only transactional messaging is permitted;
- interfere with or disrupt the integrity or performance of the Services;
- attempt to gain unauthorized access to the Services or related systems;
- reverse engineer, decompile, or copy the Services except as permitted by law; or
- resell or provide the Services to third parties except as expressly authorized.
5. Customer Data and ownership
As between the parties, you retain all rights to Customer Data. You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely as needed to provide and improve the Services and as instructed by you. You are responsible for the accuracy and legality of Customer Data and for having the necessary rights and consents to provide it to us. Our handling of personal information is described in our Privacy Policy.
6. API and integrations
We may provide an API and integrations with third-party services. Your use of the API must comply with the Documentation and any rate limits. Third-party services are governed by their own terms; we are not responsible for third-party services, and your use of them is at your own risk.
7. Messaging and notifications
When you use the Services to send messages or notifications, including SMS, you are responsible for obtaining and honoring recipient consent and for complying with applicable laws, regulations, and carrier requirements. SMS messages sent through Yidgive are operational, account, and status messages directed to the account owner, who opts in with their own number; consent handling, opt-out (STOP), and help (HELP) are described in our Privacy Policy. Mobile opt-in information is never shared or sold to third parties or affiliates for marketing or any other purpose.
8. Fees and billing
If your plan includes fees, you agree to pay all fees in accordance with the plan you select. Unless stated otherwise: fees are billed in advance on a recurring basis; payments are non-refundable except as required by law; you authorize us and our payment processors to charge your payment method; and you are responsible for applicable taxes. We may change fees with reasonable advance notice, effective at your next renewal. Late or failed payments may result in suspension.
9. Subscription term, renewal, and cancellation
Subscriptions continue for the term you select and renew automatically for successive periods unless cancelled before the end of the then-current term. You may cancel as described in your account settings or by contacting us. On cancellation, you retain access until the end of your paid period.
10. Suspension and termination
We may suspend or terminate your access if you materially breach these Terms, fail to pay fees, or use the Services in a way that poses a security or legal risk. You may stop using the Services at any time. On termination, your right to use the Services ends, and you may export Customer Data for a reasonable period, after which we may delete it in accordance with our retention practices.
11. Confidentiality
Each party may receive confidential information of the other. The receiving party will protect it with reasonable care, use it only to perform under these Terms, and not disclose it except to those who need to know and are bound by confidentiality obligations, or as required by law.
12. Intellectual property
The Services, including all software, designs, and content (excluding Customer Data), are owned by Yidgive or its licensors and protected by intellectual property laws. We reserve all rights not expressly granted. If you provide feedback, you grant us a perpetual, royalty-free right to use it without restriction.
13. Warranties and disclaimers
We will provide the Services with reasonable skill and care. EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY.
15. Indemnification
You will defend, indemnify, and hold harmless Yidgive from and against third-party claims, damages, and costs arising from your Customer Data, your use of the Services in violation of these Terms, or your messaging activities that fail to comply with applicable law.
16. Service availability
We use commercially reasonable efforts to keep the Services available, but availability may be affected by maintenance, third-party providers, or events beyond our control. Any specific service-level commitments, if offered, will be set out in a separate agreement.
17. Modifications to these Terms
We may update these Terms from time to time. We will post the updated version with a new effective date and, where required, provide notice. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
18. Governing law and disputes
These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in Kings County, New York, except that either party may seek injunctive relief in any court of competent jurisdiction. If you wish to include arbitration or a class-action waiver, add that here after review by counsel.
19. Force majeure
Neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disasters, outages, labor disputes, or acts of government.
20. General
These Terms, together with any order and our Privacy Policy, are the entire agreement between the parties regarding the Services. 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. Notices to us may be sent to info@yidgive.com.
21. Contact us
Questions about these Terms? Email info@yidgive.com, call (718) 633-0793, or write to Yidgive, 1561 44th Street, Brooklyn, NY 11219.