Last Updated: January __, 2021
1. Accepting These Terms
Please note that Section 12. Disputes with Thankya, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you use Thankya.com, our mobile apps, and the other platforms provided by Thankya (“the Platform” or “our Platform”), so please read it carefully. By using any portion of our Platform (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Platform.
The Platform is offered and available only to users who reside in the United States and are at least 18 years old. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with Thankya and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
2. Other Policies That Apply
Thankya’s Platform is a shared e-commerce shopping cart platform that helps individuals purchase the merchandise they need.
If you use our Platform, you agree to the Terms, and
Our Community Standards; and
Prohibited Activity Policy.
Thankya partners with licensed payment providers, such as Stripe and its affiliates, to facilitate payments and the disbursement of funds. If there are insufficient funds available when our provider processes the payment for your purchase, Thankya reserves the right to contact you directly and seek payment.
Thankya may share your personal or transactional information with our payment processor and other third-party service providers for purposes related to payment processing. By using the Platform, you authorize Thankya to execute transactions using third-party payment processors, and you consent to Thankya sharing your personal information with those processers.
By using a third-party service provider, you may also be subject to an agreement with the third party. If Thankya receives notice that your content or activity violates a third party's service agreement, we may at our sole discretion act against your account to comply with their policies. In fact, Thankya reserves the right to cancel or suspend your Cart or account at any time.
4. What Thankya Does
We use these terms when we describe the Platform:
A “Shopper” is an individual, entity, or non-profit organization using the Platform in order to raise and accept monetary funds.
A “Contributor” is an individual who sends money to a Shopper, without the expectation of a good or service in return (the “Contributions”).
A “User” is any individual who uses the Platform, including Contributors and Shoppers.
A “Cart” is the shopping cart created by a Shopper on the Platform to accept monetary funds to achieve a stated purpose or goal.
A “Benefit” is a reward to demonstrate gratitude from a Shopper to Contributors for their Contributions.
Thankya allows Shoppers to set up a Cart in order to help them purchase the merchandise they need by using a payments solution to facilitate collection of funds from Contributors who share their stated purposes or goals.
Thankya does not oversee the Shopper and Contributor relationship. Thankya expressly disclaims any liability or responsibility for the amount of funds that may be collected for a particular Cart and does not guarantee that a certain amount or any Contributions will be made.
Thankya is not responsible for any offers, promises, Benefits, rewards or promotions made or offered by Shoppers. We do not and cannot verify the information that Users supply, nor do we represent or guarantee that the Contributions will be used in accordance with the purpose described by a Shopper or in accordance with applicable laws. Benefits are not provided by Thankya, and Benefits are not to be construed as purchased or bartered “services.” We do not and cannot guarantee that any Benefit offered will be issued or fulfilled to the Contributor’s satisfaction.
5. Your Account with Thankya
Below are rules that Users must follow when creating an account with Thankya:
A. You must be 18 years or older to use our Platform. Children under 13 years are not permitted to use Thankya or the Platform.
B. Be honest with us. Provide accurate information to us about yourself when we request it. It’s prohibited to provide false information or impersonate another person, entity, or non-profit organization through your account.
C. You're responsible for any activity on your account. If you share an account with other people, the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as an entity or non-profit organization, you personally guarantee that you have the authority to agree to the Terms on behalf of that entity or organization. Your accounts are not transferable.
D. Protect your password and keep it secure.
E. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Thankya.
6. Your Content
Content that you post using our Platform is your content (“Your Content”). We don’t make any claim to it, which includes anything you post using our Platform (like names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content. By posting Your Content through our Platform, you grant Thankya a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Thankya function and grow.
C. Rights You Grant Thankya. By posting Your Content, you grant Thankya a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Platform and to promote Thankya or the Platform in general, in any formats and through any channels, including across any Thankya Platform, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
D. Reporting Unauthorized Content. Thankya has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Platform. If content that you own or have rights to has been posted to the Platform without your permission and you want it removed, please contact Thankya’s Designated Copyright Agent at Andrew@Thankya.com. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Thankya’s Platform (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Activity Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Platform in a manner that is fraudulent or deceptive.
F. Benefits. Though Shoppers may offer Benefits on the Platform, the Benefits themselves may not be posted on the Platform. We do not claim any ownership or license to the Benefits.
7. Your Use of Our Platform
License to Use Our Platform. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Platform—subject to the Terms and the following restrictions in particular:
A. Don’t Use Our Platform to Break the Law. You agree that you will not violate any laws in connection with your use of the Platform. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your activities may require, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the delivery of any Benefits, such as age verification upon delivery, where required by law. You may not deliver any Benefits that violate any laws; and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Thankya, another Thankya User, or a third party.
B. Pay Your Bills. You are responsible for paying all fees that you owe to Thankya. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for use of our Platform.
C. Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Platform or to reverse engineer or attempt to obtain the source code of the Platform.
D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Platform, for example by distributing a virus or other harmful computer code.
E. Follow Our Trademark Policy. The name "Thankya" and the other Thankya marks, phrases, logos, and designs that we use in connection with our Platform (the “Thankya Trademarks”), are trademarks, service marks, or trade dress of Thankya in the US and other countries. If you’d like to use our trademarks, please contact us.
F. Share Your Ideas. Any unsolicited ideas or other materials you submit to Thankya (not including Your Content or items you sell through our Platform) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
G. Talk to Us Online. From time to time, Thankya will provide you with certain legal information in writing. By using our Platform, you’re agreeing that we can send you information electronically (such as by email) instead of mailing you paper copies and that your electronic agreement is the same as your signature on paper.
Termination By You. You may terminate your account with Thankya at any time from your account settings.
Termination By Thankya. We may terminate or suspend your account (and any accounts Thankya determines are related to your account) and your access to the Platform should we have reason to believe you, your Content, or your use of the Platform violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Platform. Generally, Thankya will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms, or we have legal or regulatory reasons preventing us from notifying you.
If you or Thankya terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Platform. Thankya reserves the right to change, suspend, or discontinue any of the Platform at any time, for any reason, including those laid out in Thankya’s policies under these Terms. We will not be liable to you for the effect that any changes to the Platform may have on you.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
9. Warranties and Limitation of Liability
Contributions You Make. We do not and cannot verify the information that Users supply, nor do we represent or guarantee that the Contributions will be used for the purposes that they are solicited or requested.
Benefits You May Receive. Thankya is not responsible for any offers, promises, Benefits, rewards or promotions made or offered by Shoppers. Thankya cannot and does not make any warranties about the quality, safety, or even the legality of any Benefits shown on our Platform or provided by Users. You release Thankya from any claims related to Benefits described on our Platform, including for failing to deliver Benefits, defective items, misrepresentations, or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Platform. We make no representations concerning any content posted by Users through the Platform. While there are rules guiding the content of the Platform, Thankya is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by Users that you accessed through the Platform. You release us from all liability relating to that content.
People You Interact With. You can use the Platform to interact with other individuals, either online or in person. You release us from all liability relating to your interactions with other Users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
WARRANTIES. THANKYA IS DEDICATED TO PROVIDING YOU A GOOD EXPERIENCE, BUT SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR PLATFORM IS PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR EXPECTATIONS. YOU USE THE PLATFORM SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THANKYA, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THESE TERMS. IN NO EVENT SHALL THANKYA’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID THANKYA IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If Thankya gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Thankya (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Platform, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
11. Disputes with Other Users
If you find yourself in a dispute with another User of Thankya’s Platform or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. You release Thankya from any claims, demands, and damages arising out of disputes with other Users or parties.
12. Disputes with Thankya
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Platform:
A. Governing Law. The Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules, and the laws of the United States of America.
B. Arbitration. You and Thankya agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law.
Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Thankya are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
C. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules.
D. Forum. Any legal action against Thankya related to our Platform must be filed and take place in Texas. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Texas, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Thankya agree to submit to the personal jurisdiction of a state or federal court located in Texas.
13. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll post the changes through the Platform and/or send you an email or message about the changes. Then, you can decide whether you want to continue using the Platform. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. We suggest you regularly check our website for changes to our Terms. Your use of the Platform following the changes constitutes your acceptance of the updated Terms.
14. Complete Agreement
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Thankya regarding the Platform. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
15. Contact Information
If you have any questions about the Terms, please email us at legal@Thankya.com.