Collective Terms of Use

Collective is an online platform that helps nonprofit organizations build communities, accept donations, run programs, sync content from connected services (such as Instagram), and communicate with their supporters. We provide the infrastructure and tools; you and the other organizations and individuals using the Service are responsible for the content and activity that takes place on it.

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or otherwise transact on the Service. By using the Service, you represent and warrant that you meet this requirement.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose. You grant us a worldwide, non-exclusive, royalty-free license to host, display, reproduce, and distribute the content you submit to the Service for the purpose of operating the Service.

Collective is a platform. We are not a charity, broker, fiduciary, agent, tax adviser, or legal adviser to organizations or supporters using the Service. Donations made through the Service are made by donors directly to organizations (processed by Stripe and routed to the organization's connected account or fiscal sponsor). Collective does not solicit, endorse, or guarantee any organization, project, or use of funds. Information about an organization's tax-exempt status is provided by the organization, and donors are responsible for determining the deductibility of any donation.

We may offer verification badges or features to organizations that complete an identity or tax-status review. Verification confirms only that the organization passed our review at the time it was performed. It is not an endorsement, and it does not guarantee the organization's ongoing legitimacy or use of funds. We may revoke verification at any time.

The Service includes features that let organizations send email and SMS messages to their supporters. If you use these features, you are the sender of those messages and are solely responsible for compliance with all applicable laws, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and similar laws in other jurisdictions. You represent that you have all necessary consents to send messages to your recipients, that you will honor unsubscribe and STOP requests, and that you will not use the Service to send unsolicited or unlawful communications. You will indemnify Collective against any claims arising from your use of these features.

If you create or manage an organization on the Service, you represent and warrant that:

• You have authority to act on behalf of the organization.
• All information you provide about the organization (legal name, mission, tax-exempt status, contact information, content) is accurate, current, and not misleading.
• Funds raised through the Service will be used only for the purposes described to donors.
• You will comply with all applicable laws, including charitable solicitation registration and tax reporting requirements in jurisdictions where you operate.
• You consent to the sharing of donor and supporter information described in our Privacy Policy and our integrations.

If you donate to or otherwise support an organization through the Service, you acknowledge that:

• It is your responsibility to perform any due diligence about the organization before donating.
• You bear the risk of any donation, including the risk that funds are not used as described.
• It is your responsibility to determine the deductibility of any donation, and to retain receipts.
• Most donations and ticket purchases through the Service are non-refundable, except in limited circumstances described in Section 18.

To use most features, you must register for an account. You agree to provide accurate information, keep it current, and maintain the security of your credentials. You are responsible for all activity that occurs under your account. Notify us immediately at team@getcollective.io if you become aware of any unauthorized use.

The Service, including all software, design, text, graphics, and other content provided by Collective (excluding content submitted by users), is owned by Collective Social Corp and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service or its content, or reverse-engineer or attempt to extract the source code of the Service, except as expressly permitted by these Terms or applicable law. Framing, hot-linking, and deep-linking to specific Service pages without our consent are prohibited.

You are solely responsible for the content you submit to the Service, including text, images, video, audio, and any content imported from connected services such as Instagram. You represent and warrant that you own the content you submit, or have all necessary rights and consents to submit it, and that the content is accurate, lawful, and does not violate any third-party rights.

You agree not to submit content that:

• Infringes any copyright, trademark, or other intellectual property right
• Is defamatory, fraudulent, deceptive, or invades anyone’s privacy
• Is obscene, pornographic, threatening, or harassing
• Promotes violence, hatred, or discrimination on the basis of race, ethnicity, national origin, religion, sexual orientation, sex, gender identity, disability, or medical condition
• Solicits illegal activity or violates any applicable law

We reserve the right (but have no obligation) to monitor, review, or remove content that we believe violates these Terms or our Community Guidelines.

You may not, and may not assist others to:

• Submit false, misleading, or impersonating information; create accounts in another person’s or organization’s name without authorization
• Use the Service to advocate criminal activity or to violate any applicable law, including OFAC sanctions and U.S. export control laws
• Scrape, crawl, harvest, or extract data from the Service except via interfaces and methods we make publicly available for that purpose
• Probe, scan, or test the vulnerability of the Service or related systems, or breach security or authentication measures
• Interfere with or disrupt the Service, including by introducing malware, sending unsolicited bulk messages, or attempting denial-of-service attacks
• Forge headers or otherwise manipulate identifiers to disguise the origin of any communication
• Reverse engineer or attempt to derive the source code of the Service except where expressly permitted by law

You are responsible for maintaining the confidentiality of any login codes, passwords, or other credentials associated with your account, and for all activity that occurs under your account. We are not liable for any loss or damage arising from your failure to keep your credentials secure.

We respect the intellectual property rights of others. If you believe that content available on the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent. The notice must include:

• Your physical or electronic signature
• Identification of the copyrighted work claimed to have been infringed
• Identification of the allegedly infringing material and its location on the Service
• Your contact information (address, phone, email)
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner

Designated agent: Malik Epps, Collective Social Corp, 1510 W Knox St, Durham, NC 27705. Email: team@getcollective.io.

We will respond to valid notices in accordance with the DMCA and may terminate the accounts of repeat infringers. If you believe your content was removed in error, you may submit a counter-notice.

The Service offers integrations with third-party platforms including, without limitation, Meta's Instagram and Stripe. Your use of any third-party platform through Collective is also subject to that platform's own terms and policies.

Instagram / Meta

By connecting an Instagram account to your organization on Collective, you authorize Collective to access the Instagram data described in our Privacy Policy using the instagram_business_basic permission. Your use of the integration is also subject to Meta's Platform Terms and the Instagram Platform Policy. You may revoke access at any time from inside Collective, from instagram.com's “Apps and Websites” settings, or by emailing team@getcollective.io.

Stripe

Donations and subscriptions on Collective are processed by Stripe. By accepting donations or subscribing to a paid plan, you agree to the Stripe Connected Account Agreement (for organizations) and the Stripe Services Agreement.

Other integrations

We may offer additional integrations from time to time (for example, email providers, Blackbaud, or future social platforms). Each integration is subject to its provider's own terms and to the disclosures we make at the time of connection.

We reserve the right, in our sole discretion, to refuse, suspend, or terminate any account or any access to the Service, at any time, with or without notice, for any reason or no reason, including, without limitation, violations of these Terms, violations of our Community Guidelines, fraud, abuse, or risk to other users. We may also remove content, freeze pending payments, and report unlawful activity to law enforcement.

We do not warrant that information on the Service (including organization descriptions, donation goals, program details, or imported social media content) is accurate, complete, or current. Organizations are responsible for the accuracy of their own information. We may correct errors, refuse or cancel transactions arising from typographical, pricing, or technical errors, and update content at any time.

Some features of the Service are offered on a subscription basis. By subscribing, you authorize Collective (and its payment processor, Stripe) to charge the payment method you provide on a recurring basis (monthly or annually, depending on the plan you select) until you cancel.

You can cancel a subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period; you remain responsible for charges accrued before cancellation. Subscription fees are non-refundable except as required by law or as we may grant in our sole discretion.

We may change subscription pricing or features. We will give reasonable advance notice of any change that affects ongoing subscribers.

Donations and other payments made to organizations through the Service are processed by Stripe. By making a donation or payment, you authorize Stripe to charge your chosen payment method and route the funds to the recipient organization (or its fiscal sponsor) less applicable fees.

Donations are generally non-refundable. We may, in our sole discretion, consider refund requests on a case-by-case basis (for example, in cases of clear fraud, error, or unauthorized use of a payment method). Auction items, ticketed events, and certain other purchases are non-refundable except as expressly stated at the time of purchase.

You may not use the Service if you are located in, or are a national or resident of, any country subject to U.S. embargo or that has been designated by the U.S. government as a “terrorist supporting” country, or if you are listed on any U.S. government list of restricted parties. You agree to comply with all U.S. and foreign export control and sanctions laws, and you will indemnify Collective against any claims arising from your violation of these laws.

The Service may contain links to third-party websites that are not operated by us. We have no responsibility for those sites or their content, and we do not endorse them. You access them at your own risk.

You agree to defend, indemnify, and hold harmless Collective Social Corp, its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or publicity right; (d) inaccurate or misleading information you provide; or (e) your use of any third-party integration, including Instagram or Stripe.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND.

To the fullest extent permitted by law, Collective disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, timeliness, security, and uninterrupted access. We do not endorse any organization, project, or content on the Service. We do not warrant that the Service will be free of errors, bugs, or security vulnerabilities, or that defects will be corrected.

Your sole remedy if you are dissatisfied with the Service is to discontinue use of the Service.

TO THE FULLEST EXTENT PERMITTED BY LAW:

In no event will Collective Social Corp or its affiliates, officers, directors, employees, contractors, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including damages for lost profits, lost revenue, lost data, or business interruption, arising out of or relating to your use of the Service, regardless of the theory of liability and even if we have been advised of the possibility of such damages.

Our aggregate liability arising out of or relating to these Terms or the Service will not exceed, in the aggregate, one hundred U.S. dollars ($100.00).

Please read this section carefully. It requires you to arbitrate disputes with Collective on an individual basis, and limits the manner in which you can seek relief from us.

You and Collective agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes, except as modified by these Terms.

Class action waiver. You and Collective agree that each party may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one party's claims and may not preside over any form of representative or class proceeding.

Notice of dispute. Before initiating arbitration, you agree to first send a written notice of the dispute to Collective Social Corp, 1510 W Knox St, Durham, NC 27705, with a copy to team@getcollective.io. You and Collective will attempt to resolve the dispute informally for 30 days before either party may initiate arbitration.

Small-claims option. Either party may bring an individual claim in small-claims court instead of arbitration, if the claim qualifies.

Hearing location. Unless you and Collective agree otherwise, the arbitration hearing will take place in the county of your billing address (or, for international users, in your country of residence).

Severability. If any provision of this arbitration agreement is found unenforceable, that provision will be severed and the remaining provisions will continue to apply, except that if the class-action waiver is found unenforceable, this entire arbitration agreement will be void.

These Terms and any dispute arising out of or relating to them or the Service will be governed by the laws of the State of Delaware, without regard to its conflicts of laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 24 (Dispute resolution).

The Service is operated from the United States. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws, including any law that may restrict the import or use of the Service.

We may give notice to you by email to the address associated with your account, by posting on the Service, or by other reasonable means. Notice is effective upon transmission for email, or upon posting, as applicable.

You may give notice to us by email to team@getcollective.io or by mail to Collective Social Corp, 1510 W Knox St, Durham, NC 27705.

We may modify these Terms from time to time. When we do, we will update the “Last updated” date at the bottom of this page. For material changes, we will also provide notice through the Service or by email. Your continued use of the Service after the updated Terms are posted constitutes your acceptance of the changes.

These Terms, together with our Privacy Policy and any other policies referenced in them, constitute the entire agreement between you and Collective regarding the Service. If any provision is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our written consent; we may assign them freely. Any claim relating to the Service must be brought within one (1) year after the cause of action arises, or be forever barred. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Collective.

If you have questions about these Terms, contact us at team@getcollective.io or Collective Social Corp, 1510 W Knox St, Durham, NC 27705.

These Community Guidelines are part of the Terms. They describe categories of activity that are not allowed on the Service. The list is non-exhaustive; we may update it from time to time. Violations may result in content removal, account suspension or termination, payment freeze, refund or reversal, and (in serious cases) referral to law enforcement.

You may not use the Service to:

• Engage in fraud, deception, or misrepresentation, including making false statements about an organization, project, or use of funds
• Solicit funds for illegal activity, weapons, illegal drugs, or violence
• Promote hate or discrimination based on race, ethnicity, national origin, religion, sexual orientation, sex, gender identity, disability, or medical condition
• Harass, threaten, dox, or invade the privacy of any individual
• Engage in financial schemes including investment offerings, loans, multi-level marketing, pyramid schemes, gambling, or sports betting
• Solicit funds in violation of OFAC sanctions or any export-control law
• Distribute pornographic content, content depicting minors in a sexual context, or graphic violence
• Attempt to bypass the Service’s payment processor, charge yourself to manipulate fundraising metrics, or evade fees
• Engage in money laundering, terrorism financing, or other financial crime
• Distribute pirated, counterfeit, or otherwise unlawful intellectual property
• Engage in any other activity that we determine, in our reasonable discretion, is harmful to users or to the integrity of the Service

If you become aware of a violation, please report it to team@getcollective.io.