GUDSY TERMS OF SERVICE

Last Updated: [March 29, 2025]

1. AGREEMENT TO TERMS

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Menteq Inc. (“Gudsy™,” “we,” “us,” or “our”), concerning your access to and use of the Gudsy™ platform via the website at www.gudsy.org (the “Platform”).

By accessing or using the Platform, you agree to be bound by these Terms of Service. If you disagree with any part of these Terms of Service, you may not access the Platform.

2. PLATFORM OVERVIEW

Gudsy™ is a platform that facilitates connections between donors, volunteers, and nonprofit organizations. The Platform enables:

Nonprofit organizations to activate and manage their profiles and receive donations and volunteer support
Donors to discover, support, and track their contributions to nonprofit organizations
Volunteers to find and engage with volunteer opportunities
Transparent tracking of giving and volunteering activities

3. USER ACCOUNTS

3.1 Account Creation

To use certain features of the Platform, you must register for an account. When you register, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Safeguard access to your account (we use a passwordless login system that sends secure login links to your email)
Be responsible for all activities under your account
Notify us immediately of any unauthorized use of your account

3.2 Account Types

The Platform offers different account types:

Individual Accounts: For donors and volunteers
Nonprofit Accounts: For verified nonprofit organizations

3.3 Account Termination

We reserve the right to terminate or suspend your account at our sole discretion, without notice, for conduct that we determine violates these Terms of Service, or is harmful to other users, us, or third parties, or for any other reason.

4. NONPROFIT ORGANIZATION TERMS

4.1 Nonprofit Profile Activation

For nonprofit organizations using the Platform:

Gudsy creates basic profiles for nonprofit organizations based on publicly available data, including legal status, financial disclosures, and geographical location
These basic profiles are for informational purposes only and cannot accept donations or manage volunteer opportunities
You represent that you are authorized to activate and manage the profile on behalf of your organization
By activating your organization’s profile, it becomes a verified profile with full functionality
You agree to maintain and update your organization’s information
You acknowledge that misrepresentation may result in account termination

4.2 Nonprofit Content

You are solely responsible for all content you post about your organization after profile activation
You grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content on the Platform
You will not post false, misleading, or fraudulent information
You will comply with all applicable laws regarding fundraising and solicitations

4.3 Fundraising Regulations

You are responsible for complying with all applicable laws and regulations related to fundraising, charitable solicitations, and tax requirements in all relevant jurisdictions
You acknowledge that Gudsy is a platform provider and not responsible for your compliance with charitable solicitation registrations or other regulatory requirements

4.4 Platform Maintenance and Support

For nonprofit organizations, we commit to:

Respond to support inquiries within one business day
Provide notification at least 14 days in advance of planned maintenance
Offer guidance on platform usage through documentation and support channels
Provide a dashboard with analytics on donation and volunteer activity
Make reasonable efforts to accommodate feature requests that benefit the broader nonprofit community

5. DONATION TERMS

5.1 Processing of Donations

Donations are processed through the nonprofit’s designated payment processor (currently limited to PayPal)
The payment processor used by each nonprofit is clearly indicated through branding/logo on donation forms
Gudsy facilitates the donation process but does not collect, store, or process payment information directly
For each donation, Gudsy provides a transparent breakdown of:
- The donation amount going to the nonprofit
- The payment processor fee
- The Gudsy platform fee ($1 flat fee per donation processed)
Donors have the option to cover both the platform fee and payment processing fees, allowing 100% of their intended donation to reach the nonprofit
Platform fees apply to nonprofits as specified on the Platform ($15/month per organizer and $1 flat fee per donation processed)
Payment processing fees are determined by and paid directly to the payment processor

5.2 Refunds and Chargebacks

All donations are final and non-refundable through Gudsy
Refund requests must be made directly to the nonprofit organization
Gudsy is not responsible for issuing refunds for donations made through the Platform
Chargebacks will be handled according to the policies of the payment processor

5.3 Tax Deductibility

Gudsy displays tax-deductible status information based on publicly available data sourced directly from the IRS
Gudsy provides donation receipts and yearly donation summaries on behalf of verified nonprofits
While we make best efforts to provide accurate information, you should consult with a tax professional regarding the tax deductibility of your donations
Nonprofits are ultimately responsible for the accuracy of their tax status information

5.4 Recurring Donations

You may authorize recurring donations through the Platform
You can cancel recurring donations at any time through your account or by contacting the payment processor directly
Cancellations may take up to 3 business days to process

6. VOLUNTEER TERMS

6.1 Volunteer Opportunities

Gudsy facilitates connections between volunteers and nonprofit organizations
We do not guarantee the availability, suitability, or quality of volunteer opportunities
You are responsible for verifying the details of any volunteer opportunity

6.2 Volunteer Relationships

Any relationship formed between volunteers and nonprofit organizations is solely between those parties
Gudsy is not responsible for the actions of volunteers or nonprofit organizations
You agree to communicate directly with the nonprofit organization regarding any issues with a volunteer opportunity

7. USER CONDUCT

When using our Platform, you agree not to:

Violate any applicable law, regulation, or these Terms
Impersonate any person or entity
Post false, misleading, or fraudulent content
Interfere with or disrupt the Platform or servers
Attempt to gain unauthorized access to any portion of the Platform
Use the Platform for any harmful, illegal, or unethical purpose
Harass, abuse, or harm others
Upload or transmit viruses or malicious code
Collect or track personal information of others
Spam, phish, or solicit information from users
Use automated methods to access or use the Platform without our permission

8. INTELLECTUAL PROPERTY

8.1 Our Intellectual Property

The Platform and its original content, features, and functionality are owned by Gudsy and protected by copyright, trademark, and other intellectual property laws
“Gudsy” and “GPS for Social Good” are trademarks of Menteq Inc.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or use our intellectual property without express written permission

8.2 Your Content

By posting content on the Platform, you:

Retain all ownership rights to your content
Grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your content in connection with the Platform
Represent that you have all necessary rights to grant us this license
Understand that your content may be viewed by others

9. THIRD-PARTY LINKS AND CONTENT

The Platform may contain links to third-party websites or services not owned or controlled by Gudsy. We:

Have no control over third-party websites or services
Are not responsible for their content, privacy policies, or practices
Do not endorse or assume responsibility for third-party content
Encourage you to review the terms and privacy policies of any third-party websites you visit

10. DISCLAIMERS

10.1 “As Is” and “As Available”

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS
THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
THAT THE RESULTS FROM THE PLATFORM WILL BE ACCURATE OR RELIABLE
THAT ANY ERRORS WILL BE CORRECTED

10.2 Nonprofit Organizations

We do not endorse, guarantee, or control any nonprofit organization on the Platform
While we verify nonprofit status using IRS data, we do not guarantee that funds donated will be used for any particular purpose
We are not responsible for the actions or inactions of nonprofit organizations

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GUDSY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES SHALL NOT BE LIABLE FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
DAMAGES RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE PLATFORM
DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM

THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Gudsy, its directors, employees, partners, agents, contractors, licensors, service providers, subcontractors, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

Your violation of these Terms of Service
Your content posted on the Platform
Your use of the Platform
Your violation of any third party’s rights

13. GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws provisions. Any legal action or proceeding arising out of or relating to these Terms shall be exclusively brought in the federal or state courts located in Fairfax County, Virginia, and you consent to the personal jurisdiction of such courts.

14. DISPUTE RESOLUTION

14.1 Informal Resolution

Before filing a claim against Gudsy, you agree to attempt to resolve the dispute informally by contacting us at [legal@gudsy.org]. We’ll try to resolve the dispute informally by contacting you via email within 10 business days.

14.2 Arbitration

If a dispute cannot be resolved informally within 30 days, you and Gudsy agree to resolve any dispute through binding arbitration in accordance with the American Arbitration Association’s rules.

14.3 Exceptions

The following disputes are excluded from binding arbitration:

Disputes relating to our intellectual property rights
Claims for injunctive relief
Claims that may be valid in small claims court

14.4 Class Action Waiver

Any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any proceeding in which either party acts or proposes to act in a representative capacity.

15. CHANGES TO TERMS

We reserve the right to modify these Terms of Service at any time. We will provide notice of any significant changes by:

Posting the updated Terms on the Platform
Updating the “Last Updated” date at the top of these Terms
Providing notice through the Platform or via email

Your continued use of the Platform after such modifications constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Platform.

16. SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

17. ENTIRE AGREEMENT

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Gudsy regarding your use of the Platform and supersede any prior agreements between you and Gudsy.

18. CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at:

Email: [legal@gudsy.org] Postal Address: 1900 Reston Metro Plaza, Suite 600, Reston, VA 20190, USA

By using the Gudsy™ platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.