Summary

These Terms of Service (the “Agreement”) governs the relationship between Mainn Co (“Mainn,” “we,” or “us”) and you the account holder, user, or licensee (“User”, “you” or “your”) (collectively, the “Parties), whether as an individual or as a representative of an entity. The Agreement also covers your use of our website, software, embedded donation portals, and any of their related products and services (collectively the “Services”). By using the Services, you acknowledge that you have read and agree to be bound by the terms and conditions set forth in this agreement and by our Privacy Policy available below, which is incorporated here by reference. You agree to be bound by such revised terms as they may be posted from time to time and that you are 13 years of age or older. Nothing in these Terms may be construed to create or confer any rights on third party beneficiaries. If you do not agree to any of the terms and conditions set forth herein, you may not use the Services.

Who we are

Headquartered in Colorado, Mainn is a technology platform for nonprofits, individuals, and businesses that exists to make giving easier, more visible, and more valuable. We do this by powering donation platforms that connect the community in ways that benefit everyone involved, turning community generosity into sustainable local impact.

Accounts and membership

If you create an account on the Services, you will be asked to provide secure login credentials, like an email address and password or similar. You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Fundraising with Mainn

Registered Charities and Administrative Access

The Services contain pages featuring hundreds of thousands of charities and other qualifying tax-exempt organizations registered in our database as verified nonprofits (“Verified Nonprofits”). The existence of these pages on the Services does not constitute solicitation of donations; Mainn does not engage in any solicitation activities on behalf of any Verified Nonprofit. If you are affiliated with one of these nonprofits, you may register to claim Administrative Access to the page featuring your organization by visiting this page for more information: www.mainn.co/nonprofits. Your user account with Administrative Access will allow you to function as a page admin of the Verified Nonprofit, and thereby allowing you to create fundraising campaigns connected with your organization (“Campaigns”), update content on the Verified Nonprofit page, and access donation and regrant reports for the Verified Nonprofit. Additionally, should a Donor provide us with information related to a matching gift, your information will be shared with third parties for the purpose of processing the matching gift donation.

By claiming Administrative Access for a Verified Nonprofit, you agree that:

• You have authority to represent the Verified Nonprofit in completing this registration.
• You will provide true, accurate, and complete information through the Services.
• You are solely liable and responsible for all actions taken via your user account.
• You are either an employee or volunteer of the Verified Nonprofit, and are not an independent contractor receiving any form of compensation for fundraising activities conducted on the Services.
• You do not have authority to act on behalf of, speak for, or obligate Mainn in any manner, except to raise funds through the Services.

Creating Campaigns

As a registered user, you may use the Services to fundraise for a cause of your choosing (the “Campaign”). Your Campaign may be created to support a Verified Nonprofit (a “Nonprofit Campaign”), or you may choose to create a campaign for a personal cause (a “Personal Campaign”) and receive funds through a designated merchant account service. In creating any Campaign through our service:

• You agree to provide true, accurate, and complete information.
• You agree that you are solely liable and responsible for all actions taken via your user account.
• You agree that you do not have authority to act on behalf of, speak for, or obligate Mainn in any manner, except to use the authorized tools and materials to raise funds through the Services.
• Children between the ages of 13 and 17 (inclusive) may fundraise only with the permission of a parent or guardian. If you are between the ages of 13 and 17, by creating a Campaign, you acknowledge that you have your parent or guardian’s permission.

Special Rules for Nonprofit Campaigns

• You agree and acknowledge that if you create a Nonprofit Campaign, you are fundraising through the Services solely at your own volition as an independent volunteer and that you will not be compensated by any other party for your fundraising activities through the Services.
• You agree to accurately promote any Nonprofit Campaigns in accordance with these Terms.

Special Rules for Personal Campaigns

• You agree to ensure all contributions to a Personal Campaign are used in accordance with the description you post on your page.
• You agree that you may not conduct raffles, sweepstakes, or any other games of chance.
• You are solely responsible for any tax implications resulting from contributions received through your Personal Campaign.

Acceptable Promotion of Verified Nonprofit Events and Activities

Sponsored Events: You may promote fundraising events and activities that are organized, sponsored, or approved by a Verified Nonprofit on your Nonprofit Campaign. For instance, you may ask your friends to donate to the Verified Nonprofit through a Mainn Nonprofit Campaign, in conjunction with your participation in the Verified Nonprofit’s fundraising events and activities, such as road races, bike-a-thons, etc.

Un-sponsored events: In creating a Nonprofit Campaign you may, in your sole discretion, choose to organize fundraiser events and activities, such as road races, bike-a-thons, etc. (referred to as “Events”), which are not organized or sponsored by the Verified Nonprofit itself. You agree that neither Mainn, nor any of their affiliates, sponsors, endorses, authorizes, or approves of such Events and they have no involvement in, or control over the planning, organization, or conducting of such Events. You acknowledge and agree that you take full responsibility to assume all risk in conducting such Events and soliciting participation. You agree that neither Mainn, nor any of its affiliates, will be liable to you and/or to any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages arising from your sponsoring such Events. You may not promote any Events in a manner that would give the appearance that it is organized, endorsed, and/or sponsored by the Nonprofit Campaign, unless you have the Verified Nonprofit’s express permission to do so.

Limited License and Acceptable Use

Mainn hereby grants you a limited, non-exclusive license to create Campaigns using the Services, and to use the photos, videos, graphics, information, other online tools and resources, and related services made available to you through the Services (collectively, the “Tools”) solely in accordance with these Term of Use for the purpose of raising contributions for the cause advertised on your Campaign.

Mainn does not own any data, information or material (collectively, “Content”) that you submit on the Services in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Services submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

Community Guidelines

Our Community Guidelines are established to uphold a respectful, ethical, inclusive, and collaborative environment for all users of Mainn. These guidelines are mandatory for all Users and play a crucial role in maintaining the integrity and positive nature of our network. Adherence to these principles is essential for ensuring a constructive and supportive interaction among all Users (the “Community”). The guidelines set forth below detail the standards of conduct expected within the Community, and outline our approach to enforcement and consequences for non-compliance.

Respect and Professionalism

• Treat all members with respect: Engage with others professionally and courteously at all times.
• Avoid offensive language: Refrain from using language that is discriminatory, harassing, or harmful.

Ethical Business Practices

• Honesty and integrity: Conduct business dealings transparently and honorably.
• No deceptive practices: Avoid misleading information about your products or services.

Inclusivity

• Embrace diversity: Celebrate and respect differences in culture, background, and perspectives.
• Accessibility: Strive to make your content and interactions accessible to all members of the community.

Collaboration and Support

• Encourage mutual growth: Focus on creating mutually beneficial partnerships and collaborations.
• Share knowledge: Be open to sharing experiences and advice that can benefit others.

Content Standards

• Relevant and appropriate content: Ensure your contributions are relevant to the community and appropriate for a professional audience.
• Intellectual property rights: Respect copyright laws and intellectual property rights.

Privacy and Confidentiality

• Respect privacy: Do not share personal or confidential information without consent.
• Data protection: Comply with all applicable data protection regulations.

Compliance with Laws and Regulations

• Legal adherence: Ensure your business practices comply with local, national, and international laws.

Reporting and Enforcement

• Report violations: If you encounter a violation of these guidelines, report it to Mainn’s support team.
• Consequences of violations: Non-compliance may result in suspension or removal from the platform.

Donating through Mainn

Tax-Deductible Contributions to Charitable Causes

Your donation(s) as they relate to Verified Nonprofits, Projects of Verified Nonprofits, or Verified Nonprofit Fundraisers (collectively, “Charitable Causes”) will be receipted directly by the Verified Nonprofit via email through the Services. Donations made to Verified Nonprofits that are tax-exempt public charities described in Section 501(c)(3) of the Internal Revenue Code may be tax-deductible. For federal income tax purposes, only the portion of your contribution that exceeds the value of in-kind value received may be tax-deductible. In-kind and Matched Donation Boosts only apply to the first donation when donating monthly. Mainn reports all donations to the Verified Nonprofit and the User making the donation in accordance with IRS guidelines.

Charged Back or Refunded Donations

Mainn enforces a strict “No Refunds” policy for donations made to Charitable Causes, consistent with IRS regulations regarding charitable contributions. Mainn is not liable for refunding donations once they have been processed and distributed, except as may be required by law. However, Mainn recognizes certain exceptions under which a transaction may be reversed:

Chargebacks

A Chargeback occurs when a cardholder disputes a charge with their financial institution. If a Chargeback is filed, Mainn will make reasonable efforts to contest the dispute and provide documentation in favor of the applicable nonprofit. If the dispute is escalated and the donor’s bank rules against the transaction, the Chargeback will be accepted.

If the disputed funds have already been transferred to the nonprofit, Mainn will not require the nonprofit to return the funds unless required by law. A fee of $15.00 per Chargeback will be deducted from the recipient organization’s balance or future payouts to cover network processing costs.

Gross Errors

A Gross Error occurs when a donor unintentionally enters an incorrect transaction amount (e.g., entering $10,000 instead of $100). Gross Errors do not include donor remorse, incorrect designations, or changes in intention. Mainn reserves sole discretion to determine whether a transaction qualifies as a Gross Error.

Refunds for Gross Error donations will only be considered if the donation has not yet been disbursed to the nonprofit. Once funds have been transferred, the donor must contact the nonprofit directly to request a correction or return of funds.

Contributions to Personal Campaigns

You acknowledge that donations made to Campaigns categorized as “Personal Campaigns” through the Services may be processed by a designated independent payment processor (the "Processor"), and not Mainn. All such contributions are non-refundable by Mainn and are made at your sole discretion and at your sole risk based on your sole determination and evaluation of the Personal Campaign. You are solely responsible for determining the tax deductibility of any contribution. Your contribution to a Personal Campaign is subject to the Processor’s terms of use. Mainn is not liable or responsible for any errors or omissions caused by the Processor or failures on part of the Processor.

Stripe Payment Processing

Mainn offers payments through Stripe ("Stripe"), a third-party payment processor. We allow you to connect your existing Stripe account to your Mainn account for the purpose of processing donations. By connecting your account, you agree to give Mainn access to allow you to accept transactions via Stripe on the Services. You are responsible for ensuring the proper configuration of your Stripe account, including but not limited to anti-fraud tools, via the Stripe dashboard. Mainn is NOT responsible for monitoring or reviewing transactions via your Stripe account or for any chargebacks or fraud that may occur via your Stripe account. The Stripe Terms of Service are available here: https://www.stripe.com/us/legal. The Stripe Privacy Policy is available here: https://stripe.com/privacy. If you use the Stripe payment service, you agree to the Stripe Terms of Service and Privacy Policy for the country in which you are located. If you have questions regarding the Stripe Terms of Service or Privacy Policy, please refer to the Stripe website www.stripe.com or contact Stripe at https://stripe.com/contact. While Stripe costs may vary on credit card fees for qualified charitable organizations, Mainn is not responsible for Stripe credit card processing rates. Stripe may offer qualifying charitable organization rate discounts as outlined and any discounts may be obtained are the responsibility of your organization and may be obtained upon applying for discounts using the process outlined here https://support.stripe.com/questions/fee-discount-for-nonprofit-organizations. Stripe will retain a platform fee for Mainn services (aka "application fee") via Stripe equal to 4%.

Credit Card Anti-Laundering Policy

Only the authorized credit card holder may donate on the Services. A third party may not use the donor's card information or enter donations on behalf of the donor. This practice is known as "credit card laundering" and violates Visa and MasterCard usage agreements. Mainn may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the Services, for the authorized credit card holder to utilize in order to make a donation.

Ultimate Responsibility for Donor Expressions of Preference about Use of Funds

The Services may provide an opportunity for you as a donor to indicate preferences for specific use of the funds you donate in fields provided on the donation form. If you express such a preference, it will be noted in the donation report made available to the applicable organization Admin(s). However, indication of such a preference does not guarantee you that funds will be used in a manner consistent with any such preference, and neither Mainn nor its Users are responsible for or will be held liable for the ultimate handling of such preferences. You hereby acknowledge that any designation of a donation's use is merely an expression of preference and does not give rise to any contractual obligations.

Donor Information

Privacy and security of donor information is of vital importance to us. We will not share or sell names of donors without their consent. When you contribute to any cause through the Services, you grant us permission to access your donation records at any time and to use the information you provide to process your donation. Unless you indicate at the time of making your donation that you would like to remain anonymous, we will make available to the Charitable Cause online reports identifying, where available, your name, address, email, and transaction accounting details.

If you are an Admin of a Campaign, donor information will be shared with you via a report accessible through the Services.

Personal donor data will be deleted in accordance with applicable law when a verified request is made in writing to hello@mainn.co.

Subscription Services

Mainn offers several advanced services and subscription plans to help organizations fundraise, advertise, cross-promote, communicate and organize. These plans and prices may change from time-to-time at Mainn’s sole discretion. Payments for such services made to Mainn are non-refundable and such terms for which payments have been made may not be terminated nor will prorated refunds be provided.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us.

Accuracy of information

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.

Backups

We are not responsible for the Content residing on the Services. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Contact Regarding Subscription Services

By providing Mainn with your organization’s contact information, you agree and consent that Mainn may send your organization communications via email relating to our products, events, or other business information. Please contact us at hellow@mainn.co to opt out of receiving such communication.

By providing Mainn with a phone number, you agree that you have provided your consent to receive informational and transactional voice and/or text messages from Mainn which may be sent using automatic delivery systems. Data and messaging rates may apply. You further warrant to Mainn that you are the subscriber of the phone number you have provided, or that you are the customary user of the phone number you have provided.

Telephone calls with Mainn may be recorded for quality and training purposes. You agree and consent to the recording of any telephone calls between you and Mainn and, further, represent and covenant that the subscriber or customary user of any phone number you have provided to us at which we may contact you has been informed of and provided their consent to the foregoing call recording.

Links to other resources

Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Mainn or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Mainn. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of Mainn or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Mainn or third party trademarks.

Disclaimer of warranty

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Mainn, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Mainn and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Mainn for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Mainn and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Colorado, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Colorado, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us at: Hello@Mainn.co