Terms of Service

1. Acceptance of Terms

By accessing or using the Mindful Give platform ("Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must not use the Platform. Mindful Give Inc. ("Mindful Give", "we", "us", "our") reserves the right to amend these Terms with thirty (30) days' written notice. Continued use after the effective date constitutes acceptance.

2. Definitions

• Platform — The Mindful Give website, applications, and services at mindfulgive.com.
• Donor — Any individual who makes a donation through the Platform.
• Organization — A registered Canadian charity or qualified donee that has entered into a Master Service Agreement with Mindful Give.
• Donation — A monetary gift made by a Donor to an Organization through the Platform.
• Account — A registered user profile on the Platform.

3. Eligibility and Accounts

3.1 Eligibility

You must be at least eighteen (18) years of age to use the Platform. By creating an Account, you represent that you are at least 18 years old and that all information you provide is accurate and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your Account credentials. You agree to notify Mindful Give immediately of any unauthorized use of your Account. Mindful Give is not liable for losses resulting from unauthorized Account access that is not caused by our negligence.

3.3 Account Accuracy

You agree to keep your Account information current and accurate. For Donors, this includes your legal name and mailing address, which are required for CRA tax receipt generation.

4. Donation Processing

4.1 Mindful Give as Agent

Mindful Give acts as an authorized agent of the Organization for the purpose of collecting donations, generating CRA tax receipts, and distributing funds. Mindful Give is the merchant of record for all transactions but is not the recipient of your donation. The Organization is the legal recipient.

4.2 How Donations Flow

Donations are collected by Mindful Give, held in a dedicated trust account, and disbursed to the Organization on a regular schedule (currently weekly), minus applicable platform fees and any chargebacks or refunds.

4.3 Currency

All donations are processed and receipted in Canadian dollars (CAD).

4.4 Payment Security

Mindful Give does not store full credit card numbers, CVVs, or expiry dates. Card data is transmitted securely to our payment processor(s) for immediate tokenization and is not retained after processing. We store only token identifiers, card brand, and last four digits for reference. Our platform enforces Content Security Policy headers to restrict data transmission to authorized payment processors only.

5. Tax Receipts

5.1 CRA Receipt Issuance

Mindful Give generates and delivers official CRA donation receipts on behalf of registered Organizations. Receipts include all fields required by the Income Tax Act and CRA guidelines.

5.2 Donor Responsibility

You are responsible for providing accurate personal information (legal name, mailing address, email) for receipt generation. Mindful Give is not liable for receipt errors caused by inaccurate information you provided. You should verify all receipt details and report any errors promptly.

5.3 Availability

Individual donation receipts are emailed immediately after each donation. Year-end summary receipts are available for download through your account.

6. Refund and Chargeback Policy

6.1 Non-Refundable Donations

Donations are generally non-refundable. This reflects the charitable nature of donations and the immediate issuance of tax receipts.

6.2 Seventy-Two-Hour Window

A refund may be issued if the Donor requests it within seventy-two (72) hours of the donation and no CRA receipt has yet been issued. Refund requests must be directed to support@mindfulgive.com.

6.3 Chargebacks

As merchant of record, Mindful Give processes all chargebacks. We will use commercially reasonable efforts to resolve disputes. Filing a fraudulent chargeback for a legitimate donation is prohibited and may result in Account suspension.

7. Donor Acknowledgments

By making a donation through the Platform, you acknowledge that:

• The Organization is the legal recipient of your donation, not Mindful Give.
• Mindful Give is the authorized agent and payment processor acting on behalf of the Organization.
• Your credit card statement will display "MINDFUL GIVE" or "MINDFUL GIVE / [Organization Name]" as the merchant descriptor.
• Your donation information (name, amount, date, contact information) will be shared with the Organization you donated to.
• Tax receipts are issued under the Organization's CRA registration number, not Mindful Give's.

8. FINTRAC Disclosure

Under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and associated FINTRAC regulations, donations of $1,000 CAD or more may require Mindful Give to collect and verify additional identity information. By making a donation at or above this threshold, you consent to identity verification procedures as required by law.

9. Recurring Donations

9.1 Authorization

By setting up a recurring donation, you authorize Mindful Give to charge your designated payment method on the selected schedule (weekly, monthly, or annually) until you cancel.

9.2 Cancellation

You may cancel a recurring donation at any time through your account or by contacting support@mindfulgive.com. Cancellation takes effect before the next scheduled charge.

9.3 Changes

Mindful Give will notify you by email of any changes to your recurring donation schedule or amount that are not initiated by you. You may opt out of such changes.

10. Intellectual Property

The Platform, including its design, code, branding, logos, and content (excluding Organization-provided content and donor data), is the property of Mindful Give Inc. and is protected by Canadian and international intellectual property law. You may not copy, modify, distribute, or reverse-engineer any part of the Platform without our prior written consent.

11. Prohibited Conduct

You agree not to:

• Use the Platform for any fraudulent, illegal, or unauthorized purpose.
• Make donations with stolen or unauthorized payment methods.
• Attempt to circumvent security measures or access controls.
• Scrape, crawl, or automatically extract data from the Platform.
• Impersonate another person or Organization.
• Interfere with the operation or availability of the Platform.
• Use the Platform to launder money or finance terrorism.

Violation of these terms may result in immediate Account termination and referral to law enforcement.

12. Privacy

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA).

13. Third-Party Services

The Platform integrates with third-party services including Stripe, Moneris, Postmark, and Twilio. Mindful Give is not liable for the availability, accuracy, or conduct of third-party services. Your use of such services may be subject to their own terms and privacy policies.

14. Limitation of Liability

To the maximum extent permitted by law, Mindful Give's total liability to you, whether in contract, tort, or otherwise, shall not exceed the total fees or donation amounts you paid through the Platform in the twelve (12) months preceding the event giving rise to the claim.

Mindful Give is not liable for indirect, incidental, special, consequential, or punitive damages, including lost donations, tax consequences, or reputational harm, even if we were advised of the possibility of such damages.

15. Indemnification

You agree to indemnify and hold harmless Mindful Give, its officers, directors, and employees from any claims, damages, losses, or expenses arising from your breach of these Terms, your violation of applicable law, or your use of the Platform.

16. CASL Compliance

All communications from Mindful Give comply with Canada's Anti-Spam Legislation (CASL). Transactional communications (donation confirmations, tax receipts, account notifications) are exempt from consent requirements. Marketing and engagement communications require your express consent and include an unsubscribe mechanism.

17. Governing Law

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any dispute arising under these Terms shall be resolved in the courts of Alberta.

18. Amendments

Mindful Give may amend these Terms by posting the updated version on the Platform and notifying registered users by email at least thirty (30) days before the amendment takes effect. Your continued use of the Platform after the effective date constitutes acceptance. If you do not agree, you must stop using the Platform.

19. General Provisions

19.1 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

19.2 Entire Agreement

These Terms, together with the Privacy Policy and (for Organizations) the Master Service Agreement, constitute the entire agreement between you and Mindful Give regarding your use of the Platform.

19.3 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. Mindful Give may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.

19.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

20. Contact Information

For questions about these Terms, contact us at:

Mindful Give Inc.
Email: support@mindfulgive.com
Website: mindfulgive.com