Updates to terms and to services Servant Keeper may amend these Terms from time to time. Amendments will be effective as of the date Servant Keeper has posted such amendments on Servant Keeper’s website. Your continued access or use of the Services after such notice and posting confirms your consent to be bound by the Terms, as amended. If you disagree with the amended terms, do not continue to use the Services.
You acknowledge and agree that Servant Keeper may modify (or otherwise discontinue) any portion, or all, of the Services (including the Site and/or Application) in any way and at any time, with or without notice. Servant Keeper shall have no liability for any such change or discontinuance. You further acknowledge and agree that, while Servant Keeper has attempted to provide accurate information on or through the Services, such information may change frequently and in no event will Servant Keeper be responsible for the accuracy, timeliness, reliability, usefulness, or completeness of any information, materials, or other content, or that any such information, materials, or other content is the most up-to date.
Personal Information Servant Keeper’s collection and use of personal information in connection with the Services is defined and described in Servant Keeper’s
Privacy Policy, which may be amended from time to time (“
Privacy Policy”).
Accounts Registration and Provision of InformationIn order to use certain aspects of the Services, you must register for and maintain an active, personal account with Servant Keeper (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account or use Services. Your use of the Services or Account registration will require you to submit to Servant Keeper certain personal information, such as your name, address, mobile phone number, age, and at least one valid payment method supported by Servant Keeper. By agreeing to the Terms you represent (a) that you are at least 18 years old and reside in a state, region, or country in which the Services may legally be provided, (b) you are the person whose name and other information have been provided to Servant Keeper, (c) that you have not previously been suspended or removed from the Services, and (d) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization. You agree to provide and maintain accurate, complete, and up-to-date information. Your failure to provide and maintain accurate, complete, and up-to-date information, including any invalid or expired payment method, may result in your inability to access or use the Services.
All the information that you supply to Servant Keeper in creating your Account or otherwise using any Service must be accurate. You are responsible for maintaining the confidentiality of your Account and password. Servant Keeper may reject any user name for any reason. Unless otherwise permitted by Servant Keeper in writing, you may only possess one Account. You may not authorize third parties to use your Account.
Access Credentials You agree that you are responsible for all fees, charges, and donations submitted or incurred through use of the Access Credential assigned to you and linked to your Account. In the event of a lost or stolen Access Credential, you are responsible for immediately notifying Servant Keeper. You agree to be liable for any and any and all fees, charges, and donations submitted or incurred due to usage of the lost or stolen or unauthorized access to your Access Credential (unless due to Servant Keeper’s negligence) until Servant Keeper has been notified.
Donations and Giving Services If you utilize any of Servant Keeper’s giving or donation functionality (“Giving Services”), whether provided through a Site, Application or otherwise through the Services, you acknowledge and agree to the following:
The particular organization selected by you (“Donee”) or its designated third-party payment processor, and not Servant Keeper, will process online donations and gifts for the amounts you select for the Donee. Transaction fees may be deducted from online donations or gifts
Only the authorized credit card holder or checking account owner may donate through the Giving Services. A third party may not use the donor’s card or account information or enter donations on behalf of the donor. All donations made through the Giving Services are non-refundable and the Donee will have complete discretion and control over the use of all donated funds.
The Giving Services may only be used for donations and not part gift and part sale transactions.
Donor information will be shared with the Donee in connection with the donation.
When you send a text message to Servant Keeper or use the Giving Services for purposes of utilizing the text-to-give functionality, you will be disclosing your cell phone number to Servant Keeper, and you hereby consent to receiving a hyperlink to the Giving Services donation portal via text message. In order to stop receiving texts from Servant Keeper, respond to the text message by typing “STOP.” You may receive a subsequent message confirming your opt-out request. Message and data rates may apply.
You may elect to use the Giving Services for future donations or gifts. This allows the Donee (and its designated agent) to process and receive payments with your authorization on a recurring or periodic basis. If you elect to initiate recurring donations (“Recurring Donations”), you are authorizing the Donee (and its designated agent) to store and automatically charge your selected method of payment in the payment amount (including fees and charges) and frequency that you designated, without further consent or instructions from you. You may pause (and later resume) your Recurring Donations by following the instructions available through the Services. If you wish to cancel your Recurring Donations, you must do so by revoking your authorization within the time frame specified by Donee.
Once a payment or donation is processed, such payment or donation cannot be cancelled and neither the Donee nor its designated agent have any obligation to honor any request to stop, correct, reverse or recall any payment or donation. If you make any changes to a payment method stored with the Donee (or its designated agent) or linked account is changed, any Recurring Donations associated with that stored payment method or linked account may be paused, cancelled or otherwise adversely affected. Revoking an authorization for a specific Recurring Donations schedule will not cancel other authorizations for Recurring Donations. If you pause or cancel a Recurring Donation, you may still owe money for the donation or gift.
If you schedule a Recurring Donation, the Recurring Donation amount you specified will be billed to the credit or debit card, bank account, or other account you designate during the donation or Account registration process. If you want to designate a different credit, debit card or bank or other account, or if there is a change in such cards or accounts, you must change such information through the Services. This may temporarily delay your ability to make online donations or payments while your new payment information is verified.
You acknowledge and agree that any processing or collection of donations or gifts by Donees may be subcontracted or delegated to a third-party payment processor selected by the Donee. Servant Keeper has no liability or responsibility for any such processing or collection of donations or gifts.
You may edit, update, add, or delete your payment methods by accessing your Account. Your payment information is stored by the Donee’s third-party payment processor and not Servant Keeper or the Donee.
When using the Giving Services, you acknowledge and agree that you will comply with (i) to the extent applicable to you, all rules, regulations, and requirements of Visa, Mastercard, American Express, Discover, or any other card association or network organization and (ii) any terms and conditions of Donee and its designated payment processor that apply or relate to the Giving Services (including any payments or donations made using the Giving Services).
Servant Keeper is not a money transmitter or financial institution.
Your financial institution(s) may also charge fees for processing your payment and/or if you have insufficient funds to cover a payment, and/or for currency conversions. You are solely responsible for these fees and charges.
License, Use, and Restrictions for Service Subject to your continued compliance with these Terms, Servant Keeper grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (a) if you have been granted access to a Service, to access and use such Service solely for your personal, non-commercial use; and (b) access and view any content, information and related materials that may be made available through such Services to which you have been granted access solely in connection with clause (a). Any rights not expressly granted herein are reserved by Servant Keeper.
You will not: (i) remove, obscure, or modify any copyright, trademark or other proprietary notices from any portion of any Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, or otherwise exploit any Service; (iii) decompile, reverse engineer, or disassemble any Service; (iv) link to, mirror or frame any portion of any Service; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any Service or that unduly burden or hinder the operation and/or functionality of any aspect of any Service; (vi) attempt to gain unauthorized access to or impair any aspect of any Service or any related systems or networks; (vii) use any Service in any manner that could cause harm, nuisance, annoyance, inconvenience, damage, or adversely affect any person or Servant Keeper’s reputation or property; (viii) use any Service in violation of (or in any attempt to abuse, exploit or circumvent) any applicable laws, rules, or regulations or for any unlawful, fraudulent, deceitful, illegal, dishonest, or misrepresentative purpose (including, but not limited to, fraud or money laundering); or (viii) conduct or perform any denial-of-service attack or a distributed denial-of-service attack. Further, you will not use any Service if you are located, residing, working, or conducting business in any country restricted by U.S. Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List, or the U.S. Department of State’s Designated Foreign Terrorist Organizations List, as applicable, as may be amended from time to time, or any other sanctions.
Third Party Links and Third Party Terms
The Services may contain links to other websites. Servant Keeper is not responsible for the content, accuracy, or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Servant Keeper. Inclusion of any linked website does not imply approval or endorsement of the linked website by Servant Keeper. If you decide to access these third party sites, you do so at your own risk.
In addition to the above, additional third party notices, terms and conditions, or other requirements may apply to the Services (and to your access or use of such Services), including to access specific portions or features of the Services. Such additional third party notices, terms and conditions, or other requirements may include, but are not limited to, any terms and conditions contained in the applicable Application store or those relating to third party payment processors used by any Donee.
Suspension and Deactivation
Servant Keeper may suspend your Account or your access to the Services, with or without notice, if you violate any provision of these Terms (including, but not limited to, if your payment method is declined or otherwise has an insufficient balance). Upon any suspension of your Account, all Services associated with your Account will be suspended or otherwise made inaccessible until and unless all issues are addressed and resolved by you, to Servant Keeper’s satisfaction, and within the time frame specified by Servant Keeper.
Servant Keeper also reserves the right (in Servant Keeper’s sole and absolute discretion) to: (a) deactivate any Accounts which have not been active for at least six (6) months, (b) delete data in deactivated Accounts, (c) stop providing any Service to you or access to any Service at any time for any reason and without prior notice, and (d) close your Account. In the event of any closure of your Account, you may be prohibited from reopening your Account, opening a new account or accessing any existing account.
You agree (i) to hold Servant Keeper harmless from and against any and all claims, losses or damages arising from any suspension, deletion, termination, or closure of your Account or any Service and (ii) that Servant Keeper shall not be liable, in any way, for any suspension, deletion, termination, or closure as set forth in these Terms.
Term and Termination
These Terms shall commence upon the earlier of your use of any Service or by clicking an “I Accept” button (or equivalent) and shall continue until terminated
Servant Keeper may terminate these Terms (or close your Account and/or your access to the Services) at any time and for any reason
You may stop using the Services at any time. Upon termination of these Terms, you shall remain liable for all donations and gifts (and any other fees, charges, expenses, liabilities, or other amounts owed) through such termination date. If any such donations or gifts (or any other fees, charges, expenses, liabilities, or other amounts) remain owed following termination, you shall remain liable for all such amounts.
Upon termination of these Terms or any closure of your Account: (a) these Terms and all rights granted to you under these Terms shall cease (except those expressly surviving or which by their nature would survive as set forth in the Section titled “General”); (b) all access to the Services and, if applicable, your Account will cease; (c) you will be billed for, and Servant Keeper may automatically attempt to collect from your designated payment method, any outstanding amount owed; and (d) all of your data may (at Servant Keeper’s sole option) be deleted from Servant Keeper’s servers and backup systems and Servant Keeper may not have or keep backup of the data. Any and all provisions in these Terms which impose obligations continuing in their nature shall survive such termination or closure or otherwise continue to remain in full force and effect. Following such termination of these Terms or closure of your Account, you are not permitted to access any of the Services or your Account.
Intellectual Property
The Services and their contents, features, and functionality (including, but not limited to, any content, text, images, software, graphics, code, compilation, and the design, selection, and arrangement thereof) are owned by Servant Keeper, its licensors, or other third party providers and are protected by United States and international laws applicable to intellectual property (including, but not limited to, copyright, trademark, and other intellectual property laws). You are not permitted to copy, redistribute, publish, use, or take any other action with respect to the Services except for the limited usage rights granted to you in the Section titled “License, Use and Restrictions for Services”. You do not acquire any ownership or other rights to the Services (including to any content, text, images, software, graphics, code, compilation, or the design, selection, or arrangement thereof).
For the avoidance of doubt, Servant Keeper’s name, trademarks, logos, and all related names, logos, products, services, designs, and slogans shall be deemed the property of Servant Keeper and you must not use any of the foregoing without the prior written consent of Servant Keeper.
You agree (i) to hold Servant Keeper harmless from and against any and all claims, losses or damages arising from any suspension, deletion, termination, or closure of your Account or any Service and (ii) that Servant Keeper shall not be liable, in any way, for any suspension, deletion, termination, or closure as set forth in these Terms.
Disclaimers
Servant Keeper shall use commercially reasonable efforts to provide continuous access to the Services pursuant to these Terms. Servant Keeper does not guarantee that the Services will be accessible at all times. The Services may be unavailable during maintenance periods or during any emergency. In addition to normal maintenance, there may be events that will make a Service inaccessible for a limited amount of time due to unforeseen circumstances. Servant Keeper reserves the right to change your password if Servant Keeper believes it is not secure. Servant Keeper has the right to refuse access to the Services. Servant Keeper has right to cease offering the Services at any time and in Servant Keeper’s sole discretion.
THE SERVICES (INCLUDING, BUT NOT LIMITED TO, THE SITE, THE GIVING SERVICES, AND THE APPLICATION) ARE PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE.” ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ALL OTHER SIMILAR WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. IN ADDITION, SERVANT KEEPER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SECURITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE OR OPERATIONAL AT ANY PARTICULAR TIME, OR THAT THEY WILL BE ERROR-FREE (OR VIRUS-FREE. FURTHER, SERVANT KEEPER AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED BELOW.
SERVANT KEEPER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE PROCESSING OF GIFTS OR DONATIONS (INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OF PROCESSING OR THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING).
Exclusive Remedy
Servant Keeper shall use commercially reasonable efforts to provide continuous access to the Services pursuant to these Terms. Servant Keeper does not guarantee that the Services will be accessible at all times. The Services may be unavailable during maintenance periods or during any emergency. In addition to normal maintenance, there may be events that will make a Service inaccessible for a limited amount of time due to unforeseen circumstances. Servant Keeper reserves the right to change your password if Servant Keeper believes it is not secure. Servant Keeper has the right to refuse access to the Services. Servant Keeper has right to cease offering the Services at any time and in Servant Keeper’s sole discretion.
Limitation of Liability
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE LEGAL OR EQUITABLE BASIS OF ANY CLAIM, IN NO EVENT SHALL SERVANT KEEPER OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL DAMAGES OR ANY LOST DATA, LOST PROFITS, OR LOST REVENUES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PAIN AND SUFFERING, BODILY INJURY, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THESE TERMS OR THE SUBJECT MATTER HEREOF (INCLUDING, BUT NOT LIMITED TO, THOSE RELATING TO ANY ERROR OR OMISSION OF ANY SERVICE OR ANY SERVICES OR PRODUCTS OBTAINABLE THEREFROM, THE UNAVAILABILITY OR INTERRUPTION OF ANY SERVICE OR ANY FEATURES THEREOF, YOUR USE OF ANY SERVICE, THE CONTENT CONTAINED IN ANY SERVICE OR ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF SERVANT KEEPER OR ANY AFFILIATE), WHETHER OR NOT FORESEEABLE AND EVEN IF SERVANT KEEPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE SERVANT KEEPER AND ITS AFFILIATES FROM ANY AND ALL SUCH EXCLUDED DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF SERVANT KEEPER AND ITS AFFILIATES TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR BY STATUTE OR OTHERWISE) FOR ANY MATTER RELATED TO THESE TERMS OR THE SUBJECT MATTER HEREOF SHALL NOT IN THE AGGREGATE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF THE FEES PAID BY YOU WITH RESPECT TO THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY AND (B) ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS ON TYPES AND AMOUNTS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SERVANT KEEPER AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. EACH OF THE LIMITATIONS ON TYPES AND AMOUNTS OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVANT KEEPER THROUGH THE SERVICES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SERVANT KEEPER, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AND AGENTS FROM AND AGAINST ALL THIRD PARTY ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, LOSSES, COSTS, DAMAGES, DEFICIENCIES, JUDGMENTS, LIABILITIES, PENALTIES, FINES, ASSESSMENTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COSTS OF LITIGATION) WHICH THEY OR ANY OF THEM SUFFER OR INCUR RESULTING FROM, BY REASON OF, ARISING OUT OF OR IN CONNECTION WITH: (A) ANY BREACH BY YOU OF ANY REPRESENTATION, WARRANTY, AGREEMENT, OBLIGATION, OR COVENANT MADE BY YOU TO SERVANT KEEPER, (B) YOUR USE OF ANY SERVICE, OR (c) ANY DISPUTE BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ANY DONEE OR DONEE’S THIRD-PARTY PROCESSOR). SERVANT KEEPER MAY PARTICIPATE, AT ITS OWN EXPENSE, IN THE DEFENSE OF ANY SUCH CLAIM, LITIGATION, OR OTHER PROCEEDING AND SHALL HAVE THE RIGHT TO RETAIN ITS OWN COUNSEL. YOU SHALL NOT, WITHOUT THE PRIOR WRITTEN CONSENT OF SERVANT KEEPER, EFFECT ANY SETTLEMENT OR COMPROMISE OF ANY PENDING OR THREATENED CLAIM, LITIGATION, OR OTHER PROCEEDING IN RESPECT OF WHICH SERVANT KEEPER OR ANY OTHER LISTED INDEMNITEE COULD HAVE BEEN A PARTY AND INDEMNITY COULD HAVE BEEN SOUGHT UNDER THESE TERMS. SERVANT KEEPER RESERVES the right, at SERVANT KEEPER’S own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with SERVANT KEEPER’S defense of those claims.
Disputes
If any claim, cause of action, controversy, proceeding, or other dispute arises relating to these Terms, the Services, or Servant Keeper (a “Dispute”), you agree to first give notice to Servant Keeper and engage in good faith negotiations to attempt to resolve any such Dispute for at least 14 days, except that you or Servant Keeper may skip this informal negotiation procedure for any Dispute enforcing, protecting, or concerning the validity of intellectual property rights.