Terms and Conditions

Last updated: January 21, 2025

1. Agreement to Terms

By accessing or using A Better Gift ("Platform", "Service", "we", "us", or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

A Better Gift is a community support and mutual aid platform that enables users to:

• Send and receive monetary contributions
• Create and respond to financial support requests
• Build community connections for mutual aid
• Manage financial transactions securely

3. User Accounts

3.1 Account Creation

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

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

3.2 Eligibility

You must be at least 18 years old to use this Service. By agreeing to these Terms, you represent that you are of legal age in your jurisdiction.

4. Financial Services

4.1 Payment Processing

Payment processing services are provided through third-party payment processors including QuickBooks Payments. By using our payment features, you also agree to the terms and conditions of our payment processing partners.

4.2 Transaction Fees

Certain transactions may incur processing fees. These fees will be clearly disclosed before you complete any transaction. Fee structure includes:

• Platform fee: 2.9% of transaction amount
• Processing fee: $0.30 per transaction
• Fees are subject to change with notice

4.3 Refunds and Disputes

All transactions are final unless otherwise required by law. Disputes should be reported within 30 days of the transaction date.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any laws or regulations
• Engage in fraudulent or deceptive practices
• Harass, abuse, or harm another person
• Impersonate any person or entity
• Transmit viruses or malicious code
• Interfere with or disrupt the Service
• Create multiple accounts for fraudulent purposes
• Use the Service for money laundering or illegal financial activities

6. Content and Intellectual Property

6.1 User Content

You retain ownership of content you submit to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content in connection with the Service.

6.2 Platform Content

The Service and its original content, features, and functionality are owned by A Better Gift and are protected by international copyright, trademark, and other intellectual property laws.

7. Privacy

Your use of our Service is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

8. Disclaimers and Limitations of Liability

8.1 Service Provided "As Is"

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.

8.2 Limitation of Liability

To the fullest extent permitted by law, A Better Gift shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use or inability to use the Service.

8.3 Financial Disclaimer

A Better Gift is not a bank or financial institution. We facilitate peer-to-peer transactions but do not provide financial, investment, or tax advice.

9. Indemnification

You agree to defend, indemnify, and hold harmless A Better Gift and its affiliates from any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another

10. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service will cease immediately.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Oregon, without regard to its conflict of law provisions.

12. Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall first be resolved through good faith negotiations. If resolution cannot be reached, disputes shall be settled through binding arbitration in accordance with the rules of the American Arbitration Association.

13. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

15. Entire Agreement

These Terms constitute the entire agreement between you and A Better Gift regarding the use of the Service, superseding any prior agreements.