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Terms and Conditions

Last Updated: December 30, 2024

1. Introduction

Welcome to Daffodil Technologies, Inc, (dba "Daffodil") ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our donation allocation platform and services (the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

2. Service Description

Our Service provides technology infrastructure that enables nonprofit organizations ("Partners") to receive and process donations, and helps donors ("Users") automate their charitable giving based on their preferences. We act as a technological intermediary and do not directly solicit or manage donations.

3. User Accounts

3.1 Account Creation

  • You must provide accurate and complete information when creating an account
  • You are responsible for maintaining the security of your account credentials
  • You must be at least 18 years old to create an account

3.2 Account Responsibilities

  • You are responsible for all activities that occur under your account
  • You must notify us immediately of any unauthorized use of your account
  • We reserve the right to suspend or terminate accounts that violate these Terms

4. Donations and Financial Terms

4.1 Processing of Donations

  • We facilitate the processing of donations through secure third-party payment processors
  • All donations are final and non-refundable unless required by law
  • We maintain transparent records of all donation allocations
  • We reserve the right to delay, hold, or cancel transactions flagged by our monitoring systems
  • We may require additional verification for certain transactions based on risk assessment

4.2 Fees and Charges

  • We may charge processing fees for using our Service
  • All fees will be clearly disclosed before any transaction
  • Partner organizations may have their own fee structures

4.3 Transaction Monitoring and Security

  • Suspicious activity may trigger automatic holds on transactions or accounts
  • We may request additional documentation to verify suspicious transactions
  • We cooperate with law enforcement and regulatory authorities in cases of suspected fraud
  • Users agree to participate in security verification processes when requested
  • We reserve the right to refuse service to anyone for fraud prevention purposes

4.4 Bank Account Linking and Grant Disbursement Terms

Account Verification and Linking

  • Partner organizations must provide accurate bank account information for grant disbursement purposes
  • We may require verification of bank account ownership through micro-deposits or other standard banking verification methods
  • Partners are responsible for maintaining current and accurate banking information and must promptly notify us of any changes

Grant Disbursement Process and Timing

  • All donations processed through our platform are contributed to our Donor Advised Fund (DAF) and subsequently granted to Partner organizations
  • Grant disbursements are processed according to our standard disbursement schedule and DAF operating procedures
  • Deposits typically arrive within 2-5 business days of grant processing, subject to standard ACH processing timeframes
  • We are not responsible for delays caused by receiving bank policies or banking system outages

Error Correction and Grant Adjustment Procedures

In the event grant funds are disbursed in error (including but not limited to duplicate grants, incorrect amounts, or wrong account deposits), we reserve the right to correct such errors through the following methods:

  • Primary Method: Adjustment of future grant disbursements by reducing subsequent grants by the appropriate error amount
  • Secondary Method: Request for voluntary return of erroneously disbursed funds, with Partner cooperation
  • Alternative Method: Where legally permissible under DAF regulations and within regulatory timeframes, we may pursue available remedies including ACH reversal transactions in accordance with NACHA rules
  • All error corrections will be documented and communicated to the affected Partner organization within 5 business days
  • Partners agree to cooperate with error correction procedures and provide necessary documentation upon request
  • Partners acknowledge that all grants are made from our DAF and are subject to our DAF's operating policies and IRS regulations governing donor-advised funds

Grant-Only Policy

  • Under normal operations, we only disburse grants to Partner accounts and do not initiate withdrawals from Partner accounts
  • Any withdrawals or reversals will only occur for error correction purposes as outlined above, as required by law, or as necessary to comply with DAF regulatory requirements
  • Partners will receive advance notification of any planned withdrawal or reversal transactions except in cases where immediate action is required to prevent fraud, comply with legal obligations, or satisfy DAF regulatory requirements

Insufficient Funds and Failed Grant Disbursements

  • If a grant disbursement fails due to closed, frozen, or invalid account information, we will attempt to contact the Partner organization to obtain corrected banking details
  • Failed grant disbursements may be reissued via check, held pending updated bank account information, or returned to the originating donor-advised fund pending resolution or further communication
  • Partners are responsible for any fees incurred due to failed disbursements caused by incorrect banking information

Fraud Prevention and Security

  • We maintain transaction monitoring systems to identify suspicious or fraudulent activity
  • Unusual deposit patterns or amounts may trigger additional verification requirements
  • We reserve the right to delay or hold disbursements pending investigation of potential fraud or compliance issues

Partner Responsibilities

  • Partners must maintain appropriate internal controls for bank account access and management
  • Partners must promptly report any suspected unauthorized deposits or account irregularities
  • Partners agree to maintain accurate records of all received deposits for reconciliation purposes

Limitation of Liability

  • Our liability for grant disbursement errors is limited to the correction of the erroneous amount
  • We are not liable for consequential damages resulting from grant timing, delays, or errors
  • Partners acknowledge that all disbursements are grants from our DAF and are subject to standard banking system risks that apply to electronic fund transfers
  • Partners understand that as grants from a donor-advised fund, all disbursements are subject to our DAF's policies, IRS regulations, and the irrevocable nature of contributions to donor-advised funds

5. Nonprofit Partner Terms

5.1 Eligibility and Verification Requirements

  • Nonprofit Partners must be legally registered nonprofit organizations
  • Nonprofit Partners must maintain valid 501(c)(3) status or equivalent
  • Nonprofit Partners must undergo and pass our verification process, which includes:
    • Verification of legal nonprofit status and good standing
    • Review of organizational documentation and EIN
    • Confirmation of authorized representative status
  • Daffodil reserves the right to request additional documentation or information to verify nonprofit status
  • Verified status may be revoked if an organization fails to maintain eligibility requirements
  • Nonprofit Partners must comply with all applicable charitable organization laws

5.2 Partner Responsibilities

  • Promptly notify Daffodil of any changes in nonprofit status or legal standing
  • Comply with our platform's technical requirements
  • Respond to verification-related requests within specified timeframes

5.3 Verification Status

  • Verification status may affect access to certain platform features
  • Daffodil reserves the right to suspend or revoke verification status if:
    • Required documentation expires or becomes invalid
    • Organization fails to maintain legal nonprofit status
    • Violation of platform terms or applicable laws is detected
  • We maintain the right to perform periodic re-verification of nonprofit status

6. Privacy and Data Protection

6.1 Data Collection and Use

  • We collect and process personal information as described in our Privacy Policy
  • We implement industry-standard security measures to protect user data
  • We do not sell personal information to third parties

6.2 Data Sharing

  • We share donation information with selected nonprofit partners
  • We may share aggregated, anonymized data for analytical purposes
  • We comply with all applicable data protection laws

7. Intellectual Property

  • All content, data, software, tools, and other materials made available through the Daffodil platform are the intellectual property of Daffodil or its licensors. This includes, but is not limited to, the platform design, branding, copy, user interface elements, and proprietary analytics. Users may not copy, modify, distribute, display, or create derivative works from any part of the Service without express written consent.
  • Nonprofit partners retain ownership of their own intellectual property, including names, logos, and descriptive content they provide to Daffodil. By submitting this content, partners grant Daffodil a non-exclusive, royalty-free, worldwide license to use their names, logos, and submitted materials for the purpose of operating and promoting the platform, including donor outreach, platform displays, marketing materials, and fundraising tools.

8. Limitation of Liability

  • We provide the Service "as is" without warranties
  • We are not liable for the actions of Partner organizations
  • Our liability is limited to the amount paid for our Service
  • We are not responsible for failed transactions due to technical issues
  • While we implement robust fraud detection and transaction monitoring systems, we cannot guarantee detection of all fraudulent activity
  • We are not liable for losses resulting from unauthorized or fraudulent transactions that occur despite our security measures
  • Users agree to cooperate with fraud investigations and provide requested information
  • We reserve the right to share transaction and user information with law enforcement or regulatory authorities when required by law or to prevent fraud

9. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes via:

  • Email notification
  • Platform announcement
  • Updated "Last Modified" date

10. Termination

We may terminate or suspend access to our Service immediately, without prior notice, for:

  • Violation of these Terms
  • Suspected fraudulent activity
  • Behavior that puts our Service or users at risk

11. Governing Law

These Terms are governed by the laws of Delaware, USA. Any disputes shall be resolved in the courts of Delaware.

12. Contact Information

For questions about these Terms, please contact us at:

  • Email: hello@getdaffodil.com
  • Address: 4534 Yates Street, Denver CO, 80212

13. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

14. Entire Agreement

These Terms constitute the entire agreement between you and Daffodil regarding the use of the Service.