Effective Date: December 1, 2024

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 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.

Accessing the Website and Account Security

We reserve the right to modify or discontinue this Website, as well as any services or materials offered on it, at our discretion and without prior notice. We are not responsible for any unavailability of the Website, whether in whole or in part, at any time or for any duration.

To use the Website or access certain features, you may be required to provide registration details or other information. By using the Website, you agree that all information you provide is accurate, up-to-date, and complete. Your registration and any information you submit, including through interactive features, are subject to our Privacy Policy, and you consent to our handling of your information in accordance with that policy.

If you are given or create a username, password, or other security credentials, you are responsible for keeping this information private. If you choose to share your credentials with others, you do so at your own risk, and we are not liable for any consequences arising from their misuse of your account.

You must notify us immediately if you become aware of unauthorized access to your account, misuse of your credentials, or any security breach. Additionally, you are responsible for logging out after each session, especially on public or shared devices, to prevent others from accessing your information.

We reserve the right to deactivate your username, password, or any other identifier—whether you created it or we provided it—if we believe you have violated our Terms of Service.

We cannot guarantee the accuracy of financial data retrieved from third-party sources and displayed through the Website or our services. We are not liable for any inaccuracies or delays in information from third-party providers, financial institutions, or market data services used to deliver our services.

Technical or unforeseen challenges may occasionally disrupt the Website or services, resulting in issues such as data retrieval errors, delays, or loss of personalization settings. We are not responsible for these interruptions, including any loss, deletion, or failure to deliver or store user data, communications, or settings.

Limited Actions of the Company as Your Agent

When you use the Website’s services to gather data and transactions from your third-party financial accounts, you explicitly authorize the Company to electronically access and retrieve your account information from the financial institutions where you hold a valid customer relationship. To perform this service, and as described in our Privacy Policy, the Company may collaborate with third-party financial technology providers to securely access and retrieve your account details.

For the purposes of this agreement, and solely to retrieve and deliver your account information as part of the services provided, you grant the Company a limited power of attorney. This appointment designates the Company as your agent and attorney-in-fact, with authority to access third-party sites, servers, or documents on your behalf, retrieve account information, and use it as necessary. This limited power allows the Company to act in your name and on your behalf to carry out these activities with the same authority as if you were doing them yourself.

You acknowledge and agree that, in accessing and retrieving account information from third-party sites, the Company is acting as your representative, not as an agent of or for any third party. Furthermore, you agree that the third-party account providers are entitled to rely on this authorization, agency relationship, and the limited power of attorney you have granted. You also understand that the Website is not affiliated with, endorsed by, or sponsored by any third-party account providers accessible through its services.

Intellectual Property Rights

The Website and Services, including all associated content, features, and functionality—such as information, software, text, images, videos, audio, design, and layout—are the property of Stablish Solutions Inc., its licensors, or other content providers. These materials are protected by U.S. and international laws governing copyrights, trademarks, patents, trade secrets, and other intellectual property rights.

You may use the Website and Services only for personal, non-commercial purposes in compliance with these Terms of Service. Reproducing, distributing, modifying, creating derivative works, publicly displaying, performing, republishing, downloading, storing, or sharing any content from the Website or Services without explicit permission is prohibited.

Using the Website or its content for commercial purposes without authorization is strictly forbidden. If you violate these Terms by copying, sharing, or otherwise misusing Website content, your right to use the Website may be revoked immediately, and you may be required to delete or return any copies of the content.

Ownership of all content and rights remains with Stablish Solutions Inc. or its licensors. No ownership or transfer of intellectual property rights is granted to you. Any unauthorized use may result in a violation of copyright, trademark, or other applicable laws.

License for Video Content

As part of your subscription, you are granted a non-exclusive, royalty-free, worldwide license to use stock video clips (“Clips”) for your organization’s projects. Ownership of the Clips remains with Stablish Solutions Inc., and you may not sublicense, sell, or redistribute them. Clips must not be used in any offensive, illegal, or otherwise prohibited manner, and additional restrictions may apply for commercial usage.

Third-Party Content

Stablish Solutions Inc. is not responsible for third-party content or User Content uploaded or shared through the Website or Services. While we do not pre-screen third-party content, we reserve the right to block or remove any content at our sole discretion without liability.

User Content and Licensing

When you upload or share User Content through the Services, you grant Stablish Solutions Inc. a license to use, copy, display, and modify the content as necessary for providing and improving the Services. You also release Stablish Solutions Inc. from any claims related to the use of your User Content. It is your responsibility to secure permissions from anyone appearing in your User Content.

Copyright Complaints

If you believe your intellectual property rights have been infringed, you may notify us by emailing support@stablish.io with the subject line “DMCA Takedown Request.” Include sufficient details for us to identify and act on the claimed infringement.

If your User Content has been removed and you believe this was done in error, you may submit a counter-notice to the same email address. Both notices and counter-notices must meet the requirements of the Digital Millennium Copyright Act (DMCA).

Prohibited Uses

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.

Open Banking with Plaid

We use data from your bank accounts held at third-party financial institutions to provide automated and real-time access to your spending activity. For this purpose, we partner with providers like Plaid Inc. ("Plaid"). By using our services, you acknowledge and accept Plaid's terms of use and privacy policies, granting Plaid the right to access and transmit your account information as needed to provide these services.

If your bank account is in the United States or Canada, Open Banking is facilitated through Plaid. By connecting your account via Plaid, you authorize us to access relevant data, including personal identity and transactional information. You also agree to Plaid's End User Services Agreement and Privacy Policy. You can learn more about Plaid's security practices here.

For payment processing, we integrate with Stripe, which ensures secure transactions. Stripe's terms of service and privacy practices apply to any payments facilitated through our platform.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Service.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

• All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

WE ARE NOT RESPONSIBLE, OR LIABLE TO ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY USER CONTRIBUTIONS POSTED BY YOU OR ANY OTHER USER OF THE WEBSITE.

Third-Party Applications

Any app, plugin, script, or other program that interacts with Stablish's API or serves as a plugin for the official application does so at the risk of its users and developers. These third-party tools must display the following message at least once and require user acknowledgment before functioning:

This [app/plugin/script] is not officially supported by Stablish in any way. Use of this [app/plugin/script] may introduce issues that Stablish, through its official support channels, cannot troubleshoot or resolve. Please use at your own risk!

Monitoring and Enforcement; Termination

We reserve the right to:

• Remove or decline to post any User Contributions for any reason or no reason, at our sole discretion.

• Take any action regarding User Contributions that we consider necessary or appropriate, including actions against content that violates these Terms of Service (including Content Standards), infringes intellectual property rights, threatens the safety of users or the public, or could result in liability for Stablish.

• Disclose your identity or other information to third parties who claim that material you posted violates their rights, such as intellectual property or privacy rights.

• Pursue appropriate legal actions, including reporting to law enforcement, for any illegal or unauthorized use of the Website.

• Suspend or terminate your access to the Website, in whole or in part, for any reason or no reason, including violations of these Terms of Service.

Additionally, we will fully cooperate with law enforcement or court orders requesting disclosure of any user’s identity or information for materials posted on the Website. By using the Website, you waive and release Stablish, its affiliates, licensees, and service providers from any claims arising from actions taken during or as a result of such investigations or compliance with legal requests.

While we have the right to monitor content, we do not review all material before it is posted and cannot guarantee prompt removal of objectionable material after posting. Therefore, we disclaim liability for any actions or inactions related to transmissions, communications, or content provided by users or third parties. We are not responsible for the performance or nonperformance of these monitoring activities.

Content Standards

These standards apply to all User Contributions and use of Interactive Services. All User Contributions must comply with applicable federal, state, local, and international laws and regulations. Additionally, contributions must not:

• Include content that is defamatory, obscene, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit content, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.

• Infringe on patents, trademarks, copyrights, trade secrets, or other intellectual property rights.

• Violate the privacy or legal rights of others, or contain material that could result in civil or criminal liability under applicable laws.

• Be misleading or deceptive.

• Advocate, promote, or assist in any illegal activity.

• Cause unnecessary annoyance, distress, or anxiety, or intentionally upset, embarrass, or alarm others.

• Impersonate another person or misrepresent your affiliation with any individual or organization.

• Involve unauthorized commercial activities, such as promotions, advertisements, or contests.

• Mislead others into believing the content is endorsed by or originates from Stablish or any other person or entity without proper authorization.

Contributions that fail to meet these standards may be removed, and violators may face account suspension or termination.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Subscription Terms

All purchases made through our Website, including transactions for services or information, are governed by our Terms of Sale, which are incorporated into these Terms of Service.

We may update subscription terms, fees, services, or offerings at our sole discretion on a forward-looking basis. If a subscription price increases, we will notify you as required by law and provide the option to cancel before the new pricing takes effect. We may also add, change, or remove subscription services temporarily or permanently. If you do not wish to continue with the subscription under the updated terms, you can cancel at any time. By continuing to use the subscription after changes take effect, you agree to the updated terms. Once accepted, these new terms will apply to all future renewals.

Third-Party Links

The Website may include links to external sites or resources provided by third parties for your convenience, such as advertisements, banner ads, or sponsored links. We do not control the content of these third-party sites and are not responsible for any issues, losses, or damages resulting from your use of them. Accessing these third-party links is at your own risk and is subject to the terms and conditions of the respective sites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES OR THESE TERMS, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns 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 or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters related to the Website and these Terms of Service, including any disputes or claims arising from or connected to them (whether contractual or non-contractual), will be governed by and interpreted according to the internal laws of the State of California, without regard to any conflict-of-law principles or rules.

Any legal action or proceeding related to these Terms of Service or the Website must be filed exclusively in the federal courts of the United States or the state courts of California, located in Los Angeles County. However, we reserve the right to bring legal action against you for any breach of these Terms of Service in your state or country of residence or another appropriate jurisdiction. You agree to accept the jurisdiction of these courts and waive any objections to venue or jurisdiction in these courts.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Access and Use of Services

Services Description: Our Services support churches and other organizations (collectively, "Charities") in receiving donations efficiently. Additionally, we offer a financial wellness app designed to help individuals manage their finances effectively.

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.

Financial Education Responsibilities: We are not financial advisors, and the information provided on our app is for informational and educational purposes only. It should not be considered as financial advice. You should consult with a qualified financial advisor for advice tailored to your specific financial situation. Use of our app and services is at your own discretion and risk.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.