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Terms & Condition

Welcome to Winrednation Corporation’s Terms of Use (“Agreement”). This Agreement becomes effective upon your account registration with Winrednation (“Effective Date”). It governs the relationship between Winrednation Corporation, a California Corporation, with offices located at 629 J Street, STE 207, San Diego, CA 92101 (“Winrednation,” the “Company,” “we,” “our,” or “us”), and you, the account holder, user, or licensee (“You” or “User”) (collectively referred to as the “Parties”), whether as an individual or as a representative of an entity. This Agreement also extends to your use of our website and our Software as a Service products (“Software”), which facilitate organizations to accept donations directly through their website or through our platform.

Please carefully review this Agreement before you begin using the Website. By accessing the Website or clicking to “accept” or “agree” to the Terms of Use when presented with the option, you indicate your acceptance and agreement to be bound by this Agreement and our Privacy Policy, which is incorporated herein by reference. Additionally, by doing so, you acknowledge and warrant, if applicable, that you have the authority to enter into this agreement on behalf of, and bind, the entity for which you will be using the Software as a registered user.

If you do not agree to abide by these Terms of Use or the Privacy Policy, you must refrain from accessing or using the Website.

This Website is intended for use by individuals who are 13 years of age or older. By using this Website, you confirm and warrant that you are of legal age to enter into a binding contract with the Company and that you meet all the eligibility requirements outlined herein. If you do not meet these requirements, you must refrain from accessing or using the Website.

1 - Grant of Rights

1.1 License to Use Software: Subject to the terms and conditions of this Agreement, Donately hereby grants you a limited, non-exclusive, non-transferable license to use the Software as a Service (“Software”) provided by Donately. This license is solely for your internal business purposes and is contingent upon your compliance with this Agreement.

1.2 Website Access: Donately also grants you permission to access and use the Donately website (“Website”) in accordance with this Agreement. This access is limited to viewing and interacting with the Website for your personal or internal business use.

1.3 Restrictions: You agree not to:

  • Copy, modify, distribute, sell, or lease any part of the Software or Website;
  • Reverse engineer, decompile, or disassemble any portion of the Software or Website;
  • Use the Software or Website for any illegal or unauthorized purpose;
  • Remove or alter any copyright, trademark, or other proprietary notices displayed on the Software or Website;
  • Access or attempt to access Donately’s systems, servers, or networks in any unauthorized manner.

1.4 Ownership: Donately retains all rights, title, and interest in and to the Software, Website, and any related materials, including all intellectual property rights. This Agreement does not grant you any rights to Donately’s trademarks or service marks.

1.5 Feedback: If you provide Donately with any suggestions, feedback, or other comments regarding the Software or Website (“Feedback”), you hereby grant Donately a perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into the Software or Website without any obligation to compensate you.

1.6 Reservation of Rights: All rights not expressly granted to you under this Agreement are reserved by Donately.

1.7 Updates and Support: Donately may provide updates, modifications, or support services for the Software or Website at its discretion. Any such updates or modifications shall be subject to the terms of this Agreement unless expressly stated otherwise.

1.8 Third-Party Software: Certain components of the Software may be subject to third-party licenses or terms of use. Your use of such components is subject to compliance with those licenses or terms.

1.9 Term and Termination: This license is effective until terminated by either party. Donately may terminate this license at any time for any reason or no reason. Upon termination, you must cease all use of the Software and Website and destroy any copies in your possession.

1.10 Survival: Sections 1.4 (Ownership), 1.5 (Feedback), 1.6 (Reservation of Rights), and 1.9 (Term and Termination) shall survive any termination or expiration of this Agreement.

2 - Payments

2.1 Payment Obligations: You agree to pay all fees and charges associated with your use of the Software and any services provided by Winrednation (“Fees”). Unless otherwise specified, all Fees are quoted and payable in United States dollars. You are responsible for all applicable taxes related to the Fees.

2.2 Payment Methods: You must provide Winrednation with valid and up-to-date payment information, such as a credit card or bank account, to enable payment of Fees. By providing such information, you authorize Winrednation to charge the Fees to your chosen payment method.

2.3 Billing Cycle: Fees for subscription-based services are billed in advance on a recurring basis, according to the billing cycle specified at the time of purchase. Fees for one-time services or transactions may be billed immediately or upon completion, as determined by Winrednation .

2.4 Late Payments: If you fail to pay any Fees when due, Winrednation may suspend or terminate your access to the Software and Website until payment is received. Late payments may also accrue interest at the rate of 1.5% per month, or the maximum rate permitted by law, whichever is lower.

2.5 Fee Changes: Winrednation reserves the right to modify the Fees or introduce new Fees for the Software and Website upon reasonable notice to you. Such changes will be effective upon the next billing cycle following the notice period.

2.6 Refunds: Except as required by law or as expressly provided in this Agreement, all Fees are non-refundable. In the event of a dispute regarding a charge, you must contact Winrednation within thirty (30) days of the charge date to request a refund or adjustment.

2.7 Disputed Charges: If you dispute any charge related to your use of the Software or Website, you must provide Winrednation with written notice of the dispute within thirty (30) days of the charge date. Winrednation   will investigate the dispute and may, in its sole discretion, issue a credit, refund, or adjustment if the dispute is deemed valid.

2.8 Currency Conversion: If you are billed in a currency other than United States dollars, your payment provider may apply currency conversion fees or exchange rates. Winrednation  is not responsible for any such fees or rates.

2.9 Payment Processor: Payment processing services for the Software and Website are provided by third-party payment processors. By using the Software and Website, you agree to abide by the terms and conditions of the applicable payment processor.

2.10 Authorization: By providing payment information to Winrednation , you represent and warrant that you are authorized to use the chosen payment method and that the payment information provided is accurate and complete.

2.11 Suspension for Non-Payment: Winrednation reserves the right to suspend or terminate your access to the Software and Website if any Fees remain unpaid for thirty (30) days or more.

2.12 No Liability for Losses: Winrednation shall not be liable to you or any third party for any losses or damages resulting from the suspension or termination of your access to the Software and Website due to non-payment of Fees.

2.13 Modification of Payment Terms: Winrednation may modify the payment terms of this Agreement upon reasonable notice to you. Continued use of the Software and Website following such modifications constitutes your acceptance of the revised payment terms.

 

3 - Subscription Terms

3.1 Subscription Plans: Winrednation offers subscription-based plans for access to certain features and services of the Software (“Subscription Plans”). The specific features, limitations, and pricing of each Subscription Plan are outlined on the Winrednation website or communicated to you separately.

3.2 Subscription Period: Each Subscription Plan has an initial subscription period (“Subscription Period”) as specified at the time of purchase. The Subscription Period may be monthly, annually, or for another duration determined by Winrednation.

3.3 Renewal: Unless you cancel your Subscription Plan before the end of the current Subscription Period, your subscription will automatically renew for a subsequent period equal to the original Subscription Period. You will be billed at the then-current rate for the selected Subscription Plan, unless otherwise agreed upon.

3.4 Cancellation: You may cancel your Subscription Plan at any time by following the cancellation instructions provided by Winrednation. Cancellation requests must be submitted before the end of the current Subscription Period to avoid being billed for the next renewal period.

3.5 Downgrades and Upgrades: You may upgrade or downgrade your Subscription Plan at any time, subject to the availability of alternative plans and any applicable fees or adjustments.

3.6 Effect of Cancellation or Downgrade: Upon cancellation or downgrade of your Subscription Plan, you may lose access to certain features or services associated with higher-tier plans. Winrednation is not responsible for any loss of data or functionality resulting from such changes.

3.7 Refunds: Winrednation does not offer refunds for unused portions of Subscription Plans that are cancelled or downgraded before the end of the current Subscription Period, except as required by law or as expressly provided in this Agreement.

3.8 Termination: Winrednation reserves the right to terminate or suspend your Subscription Plan and access to the Software at any time for violation of this Agreement or for any other reason deemed appropriate by Winrednation in its sole discretion.

3.9 Effect of Termination: Upon termination or suspension of your Subscription Plan, you will lose access to all features and services associated with the Software, and Winrednation may delete or restrict access to any data or content associated with your account.

3.10 Changes to Subscription Terms: Winrednation may modify the terms of Subscription Plans, including features, pricing, and billing cycles, upon reasonable notice to you. Continued use of the Software following such modifications constitutes your acceptance of the revised Subscription Terms.

4. Terms and Termination

1. Agreement Term: The agreement term begins on the effective date of your account registration with Winrednation and continues until terminated as set forth in this Agreement.

2. Termination by User : You may terminate this Agreement at any time by ceasing to use the Winrednation services and notifying Winrednation of your intent to terminate. Upon termination, you must cease all use of the services and destroy any copies of Donately materials in your possession.

3. Termination by Winrednation: Winrednation reserves the right to terminate this Agreement or suspend your access to the services at any time, with or without cause, upon notice to you. In the event of termination by Winrednation without cause, Winrednation will provide a pro-rata refund for any prepaid fees covering the remainder of the term.

4. Effect of Termination: Upon termination of this Agreement, you will lose access to the Winrednation services, and Winrednation may delete or restrict access to any data or content associated with your account. You are responsible for exporting any data or content you wish to retain prior to termination.

5. Survival: Sections of this Agreement which by their nature should survive termination shall survive termination, including but not limited to provisions regarding ownership, confidentiality, indemnification, and limitations of liability.

6. No Liability for Termination: Winrednation shall not be liable to you or any third party for any damages resulting from the termination of this Agreement, including but not limited to lost profits or data, or business interruption, whether such termination is with or without cause.

7. Remedies for Breach: In the event of a breach of this Agreement by either party, the non-breaching party may seek all available legal remedies, including injunctive relief and monetary damages, in addition to any other rights and remedies available at law or in equity.

8. Waiver: The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision herein.

9. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law principles.

10. Entire Agreement: This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

11. Amendment: Winrednation reserves the right to amend this Agreement at any time by providing notice to you. Your continued use of the Winrednation services following such amendments constitutes acceptance of the revised Agreement.

5. General Provisions

  1. Assignment: You may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Winrednation . Winrednation may assign or transfer this Agreement without restriction.

  2. Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect to the fullest extent permitted by law.

  3. Force Majeure: Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, or internet disruptions.

  4. No Waiver: The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or any other provision herein.

  5. Relationship of the Parties: Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between the parties.

  6. Notices: All notices, requests, consents, or other communications under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by confirmed email, or sent by certified or registered mail, postage prepaid, to the respective addresses of the parties as set forth herein or as subsequently modified by written notice.

  7. Amendment: This Agreement may only be amended or modified by a written instrument executed by both parties.

  8. Headings: The headings in this Agreement are for convenience only and shall not affect the interpretation of the provisions herein.

  9. Survival: Any provisions of this Agreement which by their nature should survive termination shall survive termination, including but not limited to provisions regarding ownership, confidentiality, indemnification, and limitations of liability.

  10. Entire Agreement: This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

By accessing or using the Winrednation services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you may not access or use the services.