Legal Documentation
TERMS OF SERVICE
By using any of the products and services offered at stablish.church, www.stablish.io, www.stablish.ai, or any related domain or subdomain (collectively, the “Website” or “Websites”), or by registering an account, you confirm that you have read, are authorized to agree to on behalf of your organization, and do hereby agree to the terms of service outlined in this document (the “Terms of Service”).
Stablish Solutions Inc., a Delaware company, provides its platform through its website and mobile applications (the “Platform”) and related services such as Web, Giving, and Media Content services (collectively, the Platform, including any new features and applications, the “Services”), subject to these Terms of Service, as amended from time to time. For purposes of these Terms of Service, “Stablish,” “we,” “us,” “our,” and similar terms shall refer to Stablish Solutions Inc.
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
We reserve the right, at our sole discretion, to modify these Terms of Service at any time. Any changes will be posted on this page, and the date of the revision will be indicated. Your continued use of the Services after the date of such changes constitutes your acceptance of the revised Terms of Service. The English version of these Terms of Service is the governing version, and other translations are for convenience only. If you do not agree with the new Terms of Service, you may discontinue your use of the Services.
Additionally, while using the Services, you will be subject to additional applicable policies, including our Privacy Policy available at https://www.stablish.church/privacy-policy. All such terms are incorporated by reference into these Terms of Service, except in cases of conflict, where these Terms of Service will take precedence.
1. Access and Use of the Services
Services Description: Our Services assist churches and other organizations (collectively, “Charities”) in building their websites and related tools and other creative assets.
Administrative Platform: The Services function as an administrative platform only. Stablish facilitates online giving for Charities and allows donors to make donations to these Charities. Stablish is not a broker, agent, financial institution, creditor, or 501(c)(3) nonprofit corporation.
Information Accuracy: All information and content provided by Stablish are for informational purposes only. We do not guarantee the accuracy, completeness, or reliability of any information. Content is not intended to provide financial, legal, or tax advice. Consult your advisors before making decisions regarding Charities, donations, or related content. You use the information at your own risk.
Endorsement and Liability: We do not endorse any Charity and make no guarantees regarding the accuracy of information provided through the Services. We disclaim any responsibility for the outcome or success of donation campaigns. Donors must assess the value and appropriateness of contributing to any Charity.
Donation Risk: Donations are made at your own risk. You are responsible for understanding how your donation will be used. Stablish is not responsible for offers, promises, or promotions made by Charities and cannot verify their information.
Charity Responsibilities: Charities must ensure that (i) all information provided is accurate and not misleading; (ii) donations are used as described; (iii) they comply with legal and financial obligations; (iv) they have the authority to share any third-party personal data; and (v) Stablish may provide information about campaigns to donors, beneficiaries, or law enforcement as needed.
2. Your Registration Obligations
To access certain features of the Services, you may need to register with Stablish. If you register, you agree to provide and maintain accurate, current, and complete information. Charities must register using their true identities. Registration data and other information are governed by our Privacy Policy. If you are under 16, you are not authorized to use the Services. If you are under the age of majority in your jurisdiction (typically 18), you may use the Services only with parental or guardian approval. Some aspects of our Services may require registration with third-party service providers (e.g., payment processors). If your information is incorrect or violates these Terms or their terms of service, your access to the Services may be suspended or terminated.
3. Service Fees for Charities
When a Charity places an order (whether orally, online, or in writing), it creates a contract with Stablish, including the order, any Service Descriptions provided, and these Terms of Service. An order is “Accepted” when Stablish provides Services or bills the Charity.
Payment: Charities must pay the Service Fees as specified in the order and Service Description. Fees may increase as allowed and are non-refundable. Payments not made when due will accrue interest. Delinquent accounts may be deactivated, and reactivation may require payment of outstanding balances and additional fees.
4. Taxes
You are responsible for determining and handling any applicable taxes related to donations received through the Services. You must assess, collect, report, or remit the correct tax to the appropriate authority.
5. Term and Termination
Services commence on the effective date indicated in the order and continue for the term specified. Subscriptions automatically renew unless canceled. Stablish may terminate the Agreement if the Services are prohibited by law or if the Charity’s use violates these Terms. Upon termination, parties remain liable for any outstanding obligations. Termination does not limit other legal rights or remedies available to Stablish.
6. Member Account, Password, and Security
You are responsible for maintaining the confidentiality of your account and password. Notify Stablish immediately of any unauthorized use or security breaches and sign out after each session. Stablish is not liable for any loss or damage arising from your failure to comply with this section.
7. Modifications to Services
Stablish reserves the right to modify, suspend, or discontinue the Services at any time without liability to you or third parties for any claims, damages, costs, or losses resulting from such actions.
8. Public Content; Public Display of Donations
Some activities and content on the Services are public, including information posted on the Website and user profile details. This information may be displayed to other users and could be indexed by search engines. Information provided through public features may be used or disclosed by others.
9. Data Retention
Stablish is not obligated to retain data related to any account or donation campaign. We may delete data or terminate accounts at any time without liability for any claims, damages, costs, or losses resulting from such actions.
10. Mobile Services
The Services offered include features accessible through mobile devices, such as the ability to (i) upload content to the Platform, (ii) browse the Platform, and (iii) access certain features via a mobile application (collectively, the “Mobile Services”). When you use Mobile Services, standard charges, data rates, and other fees from your wireless service carrier may apply. Moreover, your carrier may restrict or prohibit the use of certain Mobile Services, and not all Mobile Services may be compatible with all carriers or devices. By accessing Mobile Services, you consent to receiving communications via SMS, MMS, text message, or other electronic means on your mobile device. Additionally, some information about your usage of Mobile Services may be transmitted to us. We will adhere to local laws and regulations regarding communications with you. If you change or deactivate your mobile number, you agree to promptly update your Stablish Solutions Inc. account information to prevent messages from being sent to the new owner of your previous number.
11. Prohibited Conduct
You are responsible for all content you upload, post, publish, display, transmit, or otherwise use via the Services (collectively, “Content”). This includes descriptions, comments, videos, images, data, text, software, music, sound, photographs, graphics, messages, and other materials. You agree to cooperate fully with any request from us for evidence needed to verify your adherence to these Terms of Service.
The following examples illustrate prohibited Content or use on Stablish Solutions Inc. This list is not exhaustive, and we reserve the right to investigate and act against any violations of these Terms of Service. We may remove offending Content, suspend or terminate accounts, halt payments, place holds on donations, report to law enforcement, or take other legal actions as needed. Specifically, you agree not to use the Services for:
Violating laws, regulations, industry requirements, or third-party agreements, including those of payment card providers and transaction processors.
Election campaigns.
Fraudulent, misleading, or impossible content.
Illegal drugs, narcotics, controlled substances, or pharmaceuticals.
Weapons, explosives, ammunition, or accessories.
Gambling or gaming activities with entry fees and prizes.
Pornography or sexual content.
Offensive, graphic, or sensitive content.
Counterfeit or unauthorized materials.
Infringing or facilitating infringement of third-party intellectual property rights.
Supporting financial crimes such as corruption, bribery, or tax evasion.
Transmitting or uploading content that (i) infringes on intellectual property rights; (ii) you are not authorized to upload; (iii) contains viruses or malicious code; (iv) poses privacy or security risks; (v) constitutes unsolicited advertising or spam; or (vi) restricts others from using the Services.
Interfering with servers or networks connected to the Services.
Harvesting contact information of other users.
Raising funds for minors without guardian permission, unless funds are placed in a trust for the minor’s benefit.
Regarding donations and payments through the Services, you agree to:
Not make or accept donations that appear erroneous or fraudulent.
Not use the Services for or on behalf of embargoed or blocked entities.
Maintain reasonable security measures for information transmitted through the Services.
Keep records of donations for compliance verification.
Cooperate with audits or investigations by Stablish Solutions Inc., payment processing partners, or authorities.
Stablish Solutions Inc. and our partners may refuse, condition, or suspend transactions that may violate these Terms of Service or harm our users or business. We may share information related to your use of the Services with financial institutions, regulators, or law enforcement as required.
12. Donations and Payments
To contribute to a Charity, donors must provide Stablish Solutions Inc. with credit card or other payment information (“Payment Instrument”) linked to their account (a “Billing Account”). You represent that this information is accurate and that you are authorized to use the Payment Instrument. By using the service, you consent to Stablish Solutions Inc. and our Payment Processors storing a secure tokenized profile of your Payment Instrument for facilitating donations. Minimum donation amounts may apply, and all payments are final unless a refund is granted at our discretion, in which case the Charity must reverse the donation. We reserve the right to refund donations through withdrawals if necessary.
Payment processing may be provided by Stripe, Inc. (“Stripe”) and Card Connect, among others, and is subject to their respective terms and conditions. By agreeing to these Terms, you also agree to be bound by these Payment Processing Agreements and authorize us to share your information with Payment Processors. We accept no liability for the collection and storage of your payment details by Payment Processors. Convenience Fees may apply to donations, and these fees will be disclosed before you complete the donation.
Stablish Solutions Inc. may cover or mitigate some convenience fees or other processing-related costs. Abusive or excessive use may result in cost-sharing, where additional fees may be billed to the Charity. By using the Service, you agree to cover any additional amounts if necessary.
Deposits from donations may not be immediately available. Stablish Solutions Inc. does not guarantee specific timeframes for deposit availability and disclaims responsibility for any delays or consequences from such delays. Charities are responsible for providing accurate banking information for deposits.
13. Account Holds
Stablish Solutions Inc. or our Payment Processors may place a hold on a Charity’s account for reasons such as suspected fraud, violations of these Terms, or compliance with legal requirements.
14. Refunding Donations and Payments
Refunds are rare and may be issued at our discretion, potentially affecting the entire donation amount. Stablish Solutions Inc. and Payment Processors are not liable for any related claims, damages, or fees incurred due to refunds.
15. Intellectual Property Rights
The Website and Service contain various types of content, including open source, licensed, and proprietary materials. All rights to these materials are owned by Stablish Solutions Inc., our licensors, or independent content providers. You may not copy, share, or distribute any content without permission.
The Services may contain copyrighted, trademarked, or patented content. You are prohibited from modifying, copying, or creating derivative works of the Services or Services Content without authorization. Unauthorized use of the Services or content is strictly prohibited. Stablish Solutions Inc. retains all rights to the technology and software underlying the Services.
Video Licensing Terms: As part of your subscription, you receive a non-exclusive, royalty-free, worldwide license to use stock video clips (“Clips”) for your organization’s projects. We retain ownership of the Clips, and you may not sublicense or sell them. The Clips must not be used in a manner that could be deemed offensive or unlawful, and you must adhere to restrictions if you use Clips in commercial content.
Third-Party Material: Stablish Solutions Inc. is not responsible for third-party content or User Content and does not pre-screen it. We reserve the right to remove or block content at our discretion and without liability.
User Content Transmitted Through the Services: By uploading or sharing User Content, you grant Stablish Solutions Inc. a license to use it in connection with the Services. This includes the right to copy, display, and modify the content. You release Stablish Solutions Inc. from any claims related to the use of your User Content. You are responsible for obtaining necessary permissions from others appearing in your User Content.
Copyright Complaints: If you believe your intellectual property rights have been violated, you should notify us at support@stablish.io with the subject line “DMCA Takedown Request.” If you believe your User Content was wrongfully removed, you may send a counter-notice to the same email address.
16. Payment Card Industry Data Security Standard
The Payment Card Industry Data Security Standard (PCI DSS) consists of requirements set by the industry to ensure secure handling of credit card information. These standards are designed to safeguard cardholder data and prevent credit card fraud. Stablish Solutions Inc. adheres to PCI DSS compliance and upholds all relevant requirements when we handle, process, or store cardholder data on your behalf, or when our operations affect the security of your cardholder data environment. We utilize 256-bit SSL technology for secure data transactions, ensuring that personal, credit card, and bank information is encrypted using this standard.
17. Third-Party Websites and Services
Our Services, or those of third parties, may include links, tools, widgets, or other features that direct you to external sites, services, or resources offered by third parties (referred to as "Third-Party Resources"). Stablish Solutions Inc. does not control these Third-Party Resources or the content, products, services, or business practices associated with them. We are not responsible for and do not endorse any Third-Party Resources. You acknowledge that Stablish Solutions Inc. is not liable for the content, functionality, accuracy, legality, or any other aspect of these Third-Party Resources. Furthermore, we are not responsible for any damage or loss resulting from your use of or reliance on any Third-Party Resources. Any interactions with third parties are solely between you and the third party, and may be subject to additional terms of the third party, which you accept by using such resources. Stablish Solutions Inc. is not liable for any claims or losses related to third-party interactions.
18. Indemnity and Release
You agree to release, indemnify, and hold harmless Stablish Solutions Inc. and its affiliates, including their officers, members, managers, employees, directors, and agents, from any losses, damages, expenses (including reasonable attorneys’ fees), costs, fines, claims, actions, or injuries (including death) arising from (i) your use of the Services, (ii) any donation or User Content, or your connection to the Services, (iii) your violation of these Terms of Service, or (iv) any infringement of others’ rights. Stablish Solutions Inc. retains the right to manage its own defense in any claims and you agree to cover the costs associated with such defense. If you are a California resident, you waive the provisions of California Civil Code Section 1542, which states: “A general release does not extend to claims that the releasing party does not know or suspect to exist in their favor at the time of executing the release, which, if known, would have materially affected their settlement with the debtor.” If you reside outside the U.S., you waive any comparable statute or doctrine.
19. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING WEBSITE BUILDER, STOCK VIDEOS, AND SOCIAL MEDIA SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE." Stablish Solutions Inc. AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Stablish Solutions Inc. MAKES NO WARRANTIES THAT (i) THE SERVICES WILL MEET YOUR EXPECTATIONS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) RESULTS FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Stablish Solutions Inc. AND ITS AFFILIATES ARE NOT LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOST PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND INCLUDES, BUT IS NOT LIMITED TO, (i) INABILITY TO USE THE SERVICES, (ii) COST OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO YOUR DATA, (iv) THIRD-PARTY CONDUCT ON THE SERVICES, OR (v) OTHER MATTERS RELATED TO THE SERVICES. UNDER NO CIRCUMSTANCES WILL Stablish Solutions Inc.'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU IN THE LAST SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS OR LIABILITY LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES OR THESE TERMS, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.
21. Disputes
Arbitration Clause & Class Action Waiver
All disputes between you and Stablish Solutions Inc. or its officers, directors, members, or employees will be resolved through binding, individual arbitration, and you waive your right to a jury trial. Arbitration procedures and appeals are generally more limited compared to court proceedings. By agreeing to these Terms, you and Stablish Solutions Inc. both waive the right to a trial by jury and participation in class actions.
You retain the right to (a) bring an individual action in small claims court, (b) pursue enforcement through applicable agencies, (c) seek injunctive relief in court, or (d) address intellectual property infringement in court.
The Process: Any arbitration will be conducted under the Federal Arbitration Act and administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, with modifications as described. You can access the AAA Rules and forms online at www.adr.org or by calling AAA at 1-800-778-7879.
To initiate arbitration, send a written notice of the dispute to Stablish Solutions Inc. at support@stablish.io. This notice must include the nature of the dispute and the relief sought. We will attempt to resolve the dispute directly within 60 days of receiving the notice; otherwise, arbitration may commence. Arbitration proceedings will be confidential unless agreed otherwise or required by law.
Fees: We will cover your filing fee unless your claim exceeds $10,000, in which case fees will follow AAA Rules. Hearings will occur in Los Angeles, California, unless the claim is $10,000 or less, where you may choose between documents only, telephone hearing, or in-person hearing in your billing address county. If the arbitration finds the claim frivolous or improper, you may need to reimburse us for fees under AAA Rules. The arbitrator will provide a written decision explaining their findings and conclusions.
No Class Actions: Claims may only be brought individually and not as part of a class or representative action. The arbitrator may not consolidate claims or oversee class proceedings unless agreed by both parties.
Modifications: If we change this arbitration provision, other than updating our address, you may reject the change within 30 days by sending written notice, which will terminate your account and retain the previous arbitration provision.
Enforceability: If this section is unenforceable, it will be void, and disputes will be governed by the jurisdiction described in the General section below.
Confidentiality: Both parties agree to keep arbitration proceedings, exchanged information, and settlement offers confidential, except as required by law or requested by law enforcement or courts. Disclosure may be made to accountants, auditors, and insurers in confidence.
22. Termination
Stablish Solutions Inc. reserves the right to suspend or terminate your account or access to the Services, and remove or discard any content or data at any time, with or without notice, and without liability to you or any third party for resulting claims, damages, costs, or losses.
23. User Disputes
You are responsible for your interactions with other users of the Services, and Stablish Solutions Inc. is not liable for such interactions. We may choose to become involved in disputes but are not obligated to do so.
24. General
These Terms of Service represent the entire agreement between you and Stablish Solutions Inc. and govern your use of the Services, superseding any prior agreements. Additional terms may apply when using affiliate services or third-party content. These Terms will be governed by the laws of the State of california, and disputes not subject to arbitration will be resolved in Los Angeles, California. Failure to enforce any provision does not waive the right to enforce it later. If any provision is invalid, the remaining provisions will remain in effect. Claims related to the Services or these Terms must be filed within one year of the claim arising. Printed versions of this agreement and any notices are admissible in proceedings. You may not assign these Terms without Stablish Solutions Inc.'s consent, but we may assign them without restriction. Failure to enforce rights does not waive them. Section titles are for convenience only. Notices to you may be made via email or mail, and changes to these Terms will be displayed on the Platform.