Terms of Use

Last updated on April 5, 2022

Matchery Inc. (registered 501(c)(3) nonprofit with EIN 87-2700608; hereafter referred to as “Matchery”) provides an innovative donation platform with a variety of tools that let donors amplify their giving. These Terms of Use (“Terms”) describe the underlying legal structure behind Matchery’s processes and govern your use of its services.

Your access to and use of Matchery’s services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use Matchery’s services. By accessing or using Matchery’s services you agree to be bound by these Terms, and represent that you are legally capable of entering into binding contracts. If you disagree with any part of these Terms, then you may not access or use Matchery’s services.

These Terms, together with the Privacy Policy, are the complete and exclusive statement governing your use of Matchery’s services. These Terms and the Privacy Policy supersede other materials in all respects, including any content on Matchery’s website, electronic mail, or other communications.

Changes to the Terms of Use

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. When we do, we will give you notice that the Terms have been revised by posting the revised Terms to Matchery’s website and revising the date at the top of this page. If you do not agree to the new Terms, in whole or in part, please do not access or use Matchery’s services.

Key Terms, Concepts and Processes

The words and phrases which are capitalized have meanings as defined under the following conditions.

“Completed Donation”

All donations are to be considered “Completed Donations” to Matchery. Matchery retains ultimate control over disposition and use of all Completed Donations. Donations are to be considered Completed Donations after Charge Capture.

“Charge Capture”

A “Charge Capture” is a completed, settled, and/or fully transferred transaction in which Matchery has legal control over the transferred funds. It may result from a credit or debit card transaction (using either an upfront Charge Capture, or a Charge Capture following a Charge Authorization), a bank transfer, or other means. A Charge Capture is considered a Completed Donation to Matchery, and you will receive a receipt from Matchery via electronic mail and / or via its website. You agree that in allowing a Charge Capture you are making a binding agreement to be charged.

“Charge Authorization”

A “Charge Authorization” is a hold on a credit or debit card for an amount you agree to pay in the future. You agree that in allowing a Charge Authorization you are making a binding agreement to be charged, and the Charge Authorization may be converted into a Charge Capture. Furthermore, you understand that a Charge Authorization is not a Completed Donation, and you will not receive a receipt until and unless the Charge Authorization converts into a Charge Capture. For any donation method described herein which uses a Charge Capture, Matchery may make use of an initial Charge Authorization followed by a Charge Capture.

“Donation Recommendation"

Through our various donation options described herein, you may make “Donation Recommendations” as to how to Disburse your gifts. A Donation Recommendation might include: 1) Which nonprofit your gift should be disbursed to; 2) Under which conditions a Disbursement should occur. In all cases, Matchery retains ultimate control over disposition and use of funds as required by law.

“Platform Credit”

In certain scenarios you may receive a “Platform Credit.” These scenarios include, but are not limited to: 1) Receiving a Platform Credit for the portion of a Fund Now match which is not Unlocked; 2) Direct contributions to your Platform Credit (e.g. a Completed Donation to Matchery in which you specify that the funds should be added to your Platform Credit); 3) Receiving a Platform Credit for Donation Recommendations which Matchery is unable to complete. Platform Credits constitute a balance in Your Donor Advised Fund.

Matchery may, in its discretion, give you the option to recommend the application of Platform Credits to any donation method described herein, even those methods which would otherwise not make use of a donor advised fund (e.g. if the specified donation method would not use a donor advised fund without a Platform Credit). For instance, Unlocking matches without a Platform Credit would not make use of a donor advised fund, but Matchery may allow you to recommend the application of a Platform Credit to fund this process in lieu of processing a new payment. More broadly, Matchery may allow you to recommend the application of a Platform Credit in lieu of a Charge Authorization or Charge Capture wherever such processes would have been used, though Matchery retains the right to restrict the use of Platform Credits in its sole discretion.

“Disbursements”

A “Disbursement” has the meaning as defined under the Grant Making Policy section.

“Your Donor Advised Fund”

“Your Donor Advised Fund” refers to an account over which you retain advisory privileges to make Donation Recommendations. Matchery retains ultimate control over disposition and use of all funds in Your Donor Advised Fund, as required by IRS code. All references to “donor advised funds” herein have the meaning defined by this term. In no event will you have any rights or privileges over Your Donor Advised Fund that are not permitted by the IRS code.

Donation Processes

“Fund Now” matching donation

Matchery enables you to create a “Fund Now” matching donation. To create a Fund Now matching donation, you will complete a Charge Capture to fund a Completed Donation. Your Completed Donation will be considered an addition to Your Donor Advised Fund.

Contemporaneously with this addition to Your Donor Advised Fund, you will be making a Donation Recommendation to Disburse funds to the selected nonprofit for the portion of your match which is Unlocked. For any portion of the match which is not Unlocked before the expiration you specify, you will receive a Platform Credit (e.g. the amounts will remain in Your Donor Advised Fund but will be recast as a Platform Credit).

“Fund if Unlocked” matching donation

Matchery enables you to create a “Fund if Unlocked” matching donation. To create a Fund if Unlocked matching donation, you will complete a Charge Authorization to support a donation pledge. Contemporaneously with the creation of the donation pledge, you are: 1) Offering guidance to Matchery that the Charge Authorization should be converted into a Charge Capture for the portion of the match which is Unlocked before the expiration you specify; 2) Making a Donation Recommendation that such Charge Captured funds should be Disbursed to the selected nonprofit.

The pledge supporting your match is an unconditional, binding agreement to give the specified amount. Matchery will strive to follow the guidance you offer as part of step (1) described above, but you understand and agree that whether your match is Unlocked is determined in Matchery’s sole discretion. You further understand and agree that Matchery may rely on your pledge and undertakes costs to process your donation pledge and any associated guidance under which your donation pledge was made.

“Unlock” matches

Matchery enables to you “Unlock” matching donations. To Unlock matching donations, you will complete a Charge Capture to fund a Completed Donation. If it is not possible to apply your entire donation to Unlock matching donations (for example, due to insufficient matching funds), Matchery will strive to only charge you for the portion of your donation which can be applied to Unlock matching donations. Contemporaneously with your Completed Donation, you will be making a Donation Recommendation to Disburse such funds to the selected nonprofit.

“Regular” donation

Matchery enables to you create a “Regular” donation, which does not participate in any matching process. To create a Regular donation, you will complete a Charge Capture to fund a Completed Donation. Contemporaneously with your Completed Donation, you will be making a Donation Recommendation to Disburse such funds to the selected nonprofit.

Key Terms for Givers

Matchery’s content and services are only for personal, non-commercial use, unless otherwise stated.

You, or anyone related to you, may not receive more than incidental benefits from your Donation Recommendations or Completed Donations. By agreeing to these Terms, you represent to us that neither you nor anyone related to you by family (as defined under relevant portions of the IRS code) or contract will receive more than an incidental benefit resulting from your Donation Recommendations or Completed Donations.

When using Matchery’s services, you represent and warrant that: 1) You have the legal right to use any credit or debit card or other payment method in connection with any donation; 2) The information you supply to us is true, correct and complete.

Matchery does not currently charge fees unless otherwise stated, and strives to be extremely efficient in all of its operations. Matchery may encounter third party fees (including, but not limited to, credit and debit card fees associated with payment processing) and other transaction costs, and Matchery deducts such expenses when processing Disbursements. Accordingly, Your Donor Advised Fund balance or Donation Recommendation amounts may not reflect the Disbursement amount, which will reflect such deductions.

When you make a Donation Recommendation, you accept responsibility for ensuring recommendations conform to these Terms. If an organization would not be a valid recipient of funds (for instance, they are not a tax-exempt organization, are not in operation, or are otherwise found to be ineligible in our sole discretion), we will either issue you a Platform Credit for the amount you recommended to be disbursed to the nonprofit we found to be ineligible, contact you to request an alternative Donation Recommendation, or Disburse funds to an alternative tax-exempt nonprofit.

Matchery offers a variety of donation types and payment methods. In all cases, gifts are Completed Donations to Matchery at the time of Charge Capture.

After a donation or donation process has been initiated, whether the intent was to initiate a Charge Authorization or Charge Capture, it cannot be canceled, refunded or exchanged. You hereby agree that: 1) Except in cases of fraud, under no circumstances may you attempt to reverse a transaction; 2) Matchery reserves all rights to pursue such funds which are reversed, pursue damages incurred as a result of the reversal, reduce your Platform Credit to compensate for lost funds, and reduce future Disbursements to compensate for lost funds.

Matchery may enable you to leave a “tip” for Matchery when using its services. Any pledge, Donation Recommendation, Charge Authorization or Charge Capture in which a tip was specified creates a binding commitment to donate to Matchery, though Matchery will strive to only capture the portion of a tip which corresponds to the portion of the overall donation which is Charge Captured (for instance, if a $100 Fund if Unlocked match is created with a 10% tip, and if $50 of this match is Unlocked, Matchery will aim to Charge Capture $50 of the underlying donation and a $5 tip, for a $55 total Charge Capture).

Key Terms for Nonprofits

Our platform utilizes data from the IRS Publication 78 database - if your organization is a registered 501(c)(3) Public Charity, it may already be included in our database. If you would like your nonprofit to be removed from Matchery, please notify us at connect@matchery.org and we will be happy to do so. We may require you to submit additional documentation to show you are authorized to act on behalf of the organization you represent.

Our database is drawn from a variety of sources including, but not limited to, IRS disclosures, GuideStar (Powered by Candid, © 2022 Candid, www.candid.org), as well as user-generated content. If you would like to request a change to your nonprofit’s profile on Matchery, please notify us at connect@matchery.org. In the future, we may enable this functionality through an online portal.

We may ask users if they would like to share information with your organization, such as when they make a Donation Recommendation to your organization. With their consent and in keeping with our Privacy Policy, we may share this information with you via electronic mail, our website, or other means.

Matchery’s Relationship to Nonprofits

The organizations in our database do not pay compensation to Matchery. This database is drawn from the IRS Publication 78 database, and therefore Matchery may not have a relationship or be associated in any way with a nonprofit shown in its database.

Any names, descriptions, and logos shown are the property of their respective owners and may be subject to tradename and trademark protection. Matchery claims no ownership or other rights in this content, and displays this content for non-commercial, illustration purposes only to provide users with information on nonprofits. This information is drawn from a variety of sources including, but not limited to, IRS disclosures, Guidestar, as well as user-generated content. Similar to Wikipedia and other information websites, anyone can submit edits to a nonprofit’s profile – Matchery is only a passive conduit for this information.

Grant Making Policy

Matchery makes periodic “Disbursements” to external tax-exempt nonprofits. Matchery retains ultimate control over such dispositions as required by law.

To enable batching of Disbursements, Matchery strives to process Disbursements in the month after the applicable Donation Recommendations were made (for instance, the funds associated with Donation Recommendations made in January would be Disbursed in February). Matchery reserves the right to transfer funds on any date in our sole discretion as circumstances may dictate, including, but not limited to, scenarios in which a transfer is irregular, there is suspected fraud, or a transaction has otherwise been flagged for further review.

Matchery will generally make Disbursements by mailing a check to a nonprofit’s registered address on file with the IRS. If you are a nonprofit and would like to change this address or request a different payment method, please contact us at connect@matchery.org. We may require you to submit additional documentation to show you are authorized to act on behalf of the organization you represent. In the future, we will enable this functionality through an online portal.

If a Disbursement is unable to be completed (for example, the address registered with the IRS is invalid or a nonprofit fails to deposit a check), we will aim to reattempt the Disbursement and / or contact the nonprofit. If after these efforts the Disbursement is still unable to be completed, Matchery will complete the Disbursement to an alternative tax-exempt nonprofit, or otherwise apply the funds to a charitable purpose in the discretion of Matchery.

By accepting a Disbursement from Matchery, your organization understands and agrees: 1) Such funds may be used for charitable purposes only - activities that violate Internal Revenue Code and Treasury Regulations, or which are otherwise unlawful, are permitted, nor are activities which create private benefit for specific individuals or organizations; 2) Any Matchery users who make Donation Recommendations to Disburse to your organization cannot receive goods or services in exchange for their Donation Recommendations; 3) If a Matchery user initiates a chargeback or otherwise attempts to reverse a transfer they completed to Matchery, you agree to refund such amounts that have already been transferred to you, and understand that we reserve the right to deduct such amounts not refunded from future Disbursements; 4) If your organization is not eligible for Disbursements (which could include but is not limited to those scenarios in which you lose tax-exempt status or fail to comply with these Terms), we reserve the right to issue a Platform Credit to those users who create Donation Recommendations to Disburse to your organization, or select an alternative tax-exempt nonprofit to receive the specified Disbursements; 5) You consent to Matchery using the name and other publicly-available content about your organization.

Governing Law

Any claims arising out of or relating to these Terms or your use of Matchery’s services will be governed under the laws of Delaware, United States and will be litigated exclusively in the federal or state courts of Delaware. The laws of Delaware, excluding its conflicts of law rules, shall govern these Terms and your use of Matchery’s services. This site is operated from the United States, and is not intended to subject Matchery to the laws or jurisdiction of any country or territory other than that of the United States. By accessing this site, you are solely responsible for complying with any other local, state, national, or international laws.

Code of Conduct

You agree to comply with all applicable laws and regulations, including, but not limited to, privacy laws and intellectual property laws. You may not hack, steal, copy, download or in any way interfere with any aspect of Matchery, including its website, content, services or operations.

User Generated Content

Your Right to Post Content

Matchery may allow you to post content. You are responsible for the content that you post, including its legality, reliability, and appropriateness. You understand and agree that you are solely responsible for the content and activity that occurs under your account, whether done so by you or any third person using your account. Matchery is not involved in the creation or curation of this content and acts only as a passive conduit.

By posting content, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such content. You retain any and all of your rights to any content you submit, post or display on or through the service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your content available to other users, who may also use your content subject to these Terms.

You represent and warrant that: 1) The content is yours or you have the right to use it and grant us the rights and license as provided in these Terms; 2) The posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

You may not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.

Matchery reserves the right to, in its sole discretion, remove content it deems not appropriate. Matchery can also limit or revoke the use of its services if you post such objectionable content. Matchery further reserves the right to make formatting changes, textual edits and change the manner of any content. As Matchery cannot control all content posted by users and / or third parties, you agree to use Matchery’s services at your own risk. You understand that by using Matchery’s services you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Matchery be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Intellectual Property

The content on this website is and will remain the exclusive property of Matchery, its licensors, and other right holders. This content may be protected by copyright, trademark, and other laws of both the United States and foreign countries.

You may not copy, download, use, redesign, reconfigure, or retransmit anything from Matchery’s content or materials without Matchery’s express prior written consent and, if applicable, express prior written consent from the holder of the rights to the intellectual property (in cases where the property in question is not owned by Matchery). We reserve all rights that are not expressly granted to you under these Terms.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is our policy to respond to any claim that content infringes a copyright or other intellectual property infringement of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through Matchery’s services, you must submit your notice in writing to the attention of our copyright agent via electronic mail at legal@matchery.org and include in your notice a detailed description of the alleged infringement. You may be held accountable for damages for intentionally misrepresenting that any content is infringing on a copyright.

Digital Millennium Copyright Act

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the below information in writing (see 17 U.S.C 512(c)(3) for further detail). You can contact our copyright agent via email at legal@matchery.org. Upon receipt of a notification, Matchery will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content. The notification must include:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
  2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  3. Identification of the URL or other specific location where the material that you claim is infringing is located.
  4. Your address, telephone number, and email address.
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Links to Other Websites

Matchery’s website may contain links to third-party web sites or services that are not owned or controlled by Matchery.

Matchery has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Matchery shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use Matchery’s services will cease immediately. If you wish to terminate your account, you may simply discontinue using Matchery’s services.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Matchery or its affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use its services, third-party software and / or third-party hardware used with its services, or otherwise in connection with any provision of these Terms), even if Matchery or any affiliate has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

If any portion of this limitation on liability is found to be invalid or unenforceable, the entire liability of Matchery and any parties with which it has a relationship shall be limited to 100 USD.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Indemnification

Your use of Matchery’s services remains your responsibility. You agree to indemnify and hold Matchery, our partners, licensors, affiliates, contractors, officers, directors, employees and representatives harmless from and against any third-party claims, damages, actions, proceedings, demands, losses, liabilities, costs and expenses suffered or reasonably incurred by us arising as a result of, or in connection with:

  1. Your use of Matchery’s services
  2. Your use of a grant from Matchery
  3. Any negligence or willful misconduct by you
  4. Any breach of these Terms or our Privacy Policy
  5. Your violation of any law or of any rights of any third party

"AS IS" and "AS AVAILABLE" Disclaimer

Matchery’s services are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Matchery, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Matchery provides no warranty or undertaking, and makes no representation of any kind that its services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Matchery nor any affiliates make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of Matchery’s services, or the information, content, and materials or products included thereon; (ii) that Matchery’s services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through Matchery’s services; or (iv) that Matchery, its servers, the content, or electronic mail sent from or on behalf of Matchery are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Disputes Resolution

If you have any concern or dispute about Matchery’s services, you agree to first try to resolve the dispute in good-faith by informally contacting Matchery.

Severability, Survival and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability

Contact Us

If you have any questions about these Terms, we are more than happy to help! Please contact us at support@matchery.org.

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Matchery is a registered 501(c)(3) nonprofit

EIN 87-2700608