EverGrace Terms of Service

Effective Date: September 18, 2025

Welcome to EverGrace! These Terms of Service ("Terms") govern your access to and use of the EverGrace website (evergrace.com), mobile applications, and related services (collectively, the "Platform" or "Services"). EverGrace is operated by EverGrace, Inc., a Delaware corporation with its principal place of business in [City, State], USA ("EverGrace," "we," "us," or "our").

By creating an account, starting a fundraiser ("Fundraiser"), making a donation ("Donor"), or otherwise using the Services, you agree to these Terms, our Privacy Policy (available at [evergrace.com/privacy]), and any additional terms or guidelines we provide. If you are using the Services on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform or via email (to the address associated with your account) at least 30 days in advance, except for changes required by law, which may be made with shorter notice. Your continued use of the Services after such changes constitutes your acceptance. If you do not agree, you must stop using the Services.

1. Definitions

Account: A unique user profile on the Platform for Organizers, Donors, or Beneficiaries.
Beneficiary: The individual or entity designated to receive funds from a Fundraiser.
Donor: A person or entity that contributes funds to a Fundraiser.
Fundraiser: A verified campaign on the Platform to raise funds for specific, verified bills (e.g., mortgages, utility bills, medical expenses, schooling costs, or memorial expenses).
Organizer: The person who creates and manages a Fundraiser.
User Content: Any content you upload, post, or transmit via the Services, including bill details, descriptions, images, or videos.
Verified Bill: A bill confirmed by our verification team through direct contact with the creditor, ensuring accuracy of the debtor's identity, bill amount, and details.

2. Eligibility and Account Registration

To use the Services, you must:

Be at least 18 years old (or the age of majority in your jurisdiction).
Have the legal capacity to enter into these Terms.
Provide accurate, complete, and current information during registration, including your name, email, phone number, and payment details (if applicable).
Not be prohibited from using the Services under applicable law (e.g., due to sanctions or restrictions).

Minors under 18 may be designated as Beneficiaries only with the explicit consent of a legal guardian, and funds must be transferred to a trust or custodial account (e.g., UTMA/UGMA) for the minor's benefit.

You are responsible for maintaining the confidentiality of your Account credentials and for all activities under your Account. Notify us immediately at support@evergrace.com of any unauthorized access. We reserve the right to suspend or terminate Accounts for security reasons or violations of these Terms.

3. Fundraisers and Verification Process

3.1 Creating a Fundraiser

Organizers may create Fundraisers solely for Verified Bills related to living expenses (e.g., mortgages, car loans/leases, utility bills), memorials, schooling, or medical expenses. You must provide all required documentation (e.g., bill statements, creditor details) for verification.

3.2 Verification Process

Our Role: EverGrace is a facilitation platform, not a financial institution, charity, or advisor. We do not endorse Fundraisers or guarantee their success. All Fundraisers undergo mandatory verification by our team before going live.
Verification Steps: Upon submission, our team will contact the creditor to confirm the bill's details, including the debtor's identity, amount owed, and due date. We may require additional proof from you. Verification typically takes 3-7 business days.
Right to Reject or Reverse: We reserve the absolute right to reject any Fundraiser submission for any reason, including but not limited to incomplete information, suspected fraud, ineligibility, or violation of these Terms or applicable law. We may also reverse a prior approval, remove a live Fundraiser, or pause transfers at any time if new information arises or if required by law. You agree to cooperate fully with our verification process.
Obligations: As an Organizer, you represent and warrant that all information provided is accurate, truthful, and not misleading. You authorize us to contact creditors and share limited details (e.g., your name, bill reference) as needed for verification. Funds raised are intended solely for the Verified Bill; misuse may result in Fundraiser removal, fund return to Donors, or legal action.

3.3 Medical Fundraisers and HIPAA Compliance

For Fundraisers involving medical bills:

HIPAA Compliance: EverGrace complies with the Health Insurance Portability and Accountability Act (HIPAA) and other applicable privacy laws. We act as a business associate only to the extent necessary for verification and limit disclosures to protected health information (PHI) required for that purpose.
Your Consent: By selecting a medical Fundraiser, you expressly consent to our review and verification of your medical bill details, including sharing PHI with the medical creditor for confirmation. Before verification begins, you will be required to review a specific HIPAA Authorization form (integrated into the submission process) and electronically sign it, acknowledging:

The nature of PHI to be disclosed (e.g., bill amount, diagnosis codes if relevant to billing).
Our right to contact the creditor and discuss details.
That this authorization is voluntary and revocable (though revocation may prevent Fundraiser approval).
No re-disclosure of PHI by us beyond verification needs.

You understand that signing this authorization grants us permission under HIPAA to handle your PHI securely. We will not use or disclose PHI for marketing or other non-verification purposes. See our Privacy Policy for data handling details.

Fundraisers for unverified or non-compliant medical bills will be rejected.

4. Donations

Donors may contribute to live Fundraisers using approved payment methods (e.g., credit card, ACH). Donations are final and non-refundable, except:

Under our EverGrace Assurance Program (similar to a giving guarantee), where we may refund Donors if fraud is verified post-donation.
As required by law or if the Fundraiser is removed for cause before funds are transferred.

Recurring donations authorize ongoing charges until canceled by you or the Fundraiser ends. We use third-party processors (e.g., Stripe, PayPal) for all transactions; you agree to their terms.

Report suspected issues via the "Report" feature on the Fundraiser page. We investigate promptly but are not liable for Donor losses beyond the Assurance Program.

5. Fees

EverGrace charges no platform fee for creating or maintaining Fundraisers. A transaction fee (currently 2.9% + $0.30 per donation, subject to change) is deducted by our payment processors. Organizers receive net funds after fees and taxes (if applicable). We do not withhold taxes; consult a tax advisor for deductibility.

6. User Content

You retain ownership of User Content but grant EverGrace a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, distribute, and display it for operating the Services (e.g., promoting Fundraisers, verification). This includes sublicensing to partners for processing.

You represent that your User Content does not infringe third-party rights and complies with these Terms. We may moderate, remove, or refuse User Content at our discretion.

7. Prohibited Activities

You agree not to:

Use the Services for illegal purposes, fraud, scams, or unverified bills.
Harass, defame, or violate others' rights.
Upload viruses, spam, or interfere with the Platform.
Impersonate others or misrepresent Fundraiser details.
Attempt to bypass verification or fees.
For medical Fundraisers, withhold required HIPAA consents.

Violations may result in Account suspension, Fundraiser removal, or legal action. We comply with all applicable laws, including anti-money laundering and export controls.

8. Termination and Suspension

You may close your Account at any time. We may suspend or terminate access for violations, security, or legal reasons, with or without notice. Upon termination, outstanding Fundraisers may be paused, and funds returned to Donors.

9. Disclaimers and Limitations of Liability

AS-IS BASIS: The Services are provided "as is" without warranties of any kind, express or implied, including merchantability or fitness for purpose.
Limitation of Liability: To the fullest extent permitted by law, EverGrace, its affiliates, and partners shall not be liable for indirect, incidental, consequential, or punitive damages (e.g., lost profits, data loss) arising from your use of the Services. Our total liability shall not exceed the fees paid by you in the 12 months prior.

We are not responsible for: Fundraiser success, creditor disputes, Donor decisions, or third-party processor errors. For medical verifications, we disclaim liability for creditor inaccuracies beyond reasonable verification efforts.

10. Indemnification

You agree to indemnify and hold EverGrace harmless from claims arising from your User Content, Fundraisers, violations of these Terms, or HIPAA non-compliance.

11. Dispute Resolution and Arbitration

Informal Resolution: Contact us at support@evergrace.com to resolve issues.
Arbitration: For U.S. users, disputes shall be resolved by binding arbitration under the American Arbitration Association rules in [City, State], waiving class actions and jury trials. You may opt out within 30 days by emailing legal@evergrace.com with your name, address, Account email, and opt-out statement.
Class Action Waiver: Disputes must be individual; no class or representative actions.
Small Claims Exception: Claims under $10,000 may be brought in small claims court.

12. Governing Law

These Terms are governed by California law, without regard to conflict principles. Exclusive jurisdiction is in the state or federal courts of San Mateo County, California, except for arbitration.

For international users, local laws may apply where more protective, but you consent to U.S. jurisdiction for enforcement.

13. General Provisions

Entire Agreement: These Terms, Privacy Policy, and HIPAA Authorizations constitute the full agreement.
Severability: Invalid provisions do not affect the rest.
No Waiver: Our failure to enforce does not waive rights.
Assignment: We may assign these Terms; you may not without consent.
Force Majeure: We are not liable for delays due to events beyond control.
Contact: Questions? Email legal@evergrace.com.

By using EverGrace, you acknowledge reading, understanding, and agreeing to these Terms. For medical Fundraisers, your signed HIPAA Authorization is incorporated herein.