MrsTubs Giving Organizer Agreement

Read this part first

Four sentences. If you only read four, read these.

1. The money is yours from the second it moves. Every gift is charged straight to your own Stripe account. MrsTubs never holds it, never touches it, and never has it.
2. The risk is yours too. A donor can reverse a gift months from now. When that happens, the money comes out of your account, not ours.
3. MrsTubs is software. We are not a party to the gift. The gift is between the donor and your organization.
4. You are telling us your tax status, and we believe you. We do not check it. If you say you are a 501(c)(3) and you are not, you have caused a donor to claim a deduction they were not entitled to, and that is on you.

1. Who we are

MrsTubs Giving is software operated by Black Asterisk LLC. It lets your organization publish a giving page, accept donations, and send receipts. Payment runs through your own Stripe account, which you connect and which you control.

MrsTubs is not a bank. MrsTubs is not a payment processor. MrsTubs is not a charity, a fundraising agent, a professional fundraiser, or a fiscal sponsor. MrsTubs does not hold, receive, or disburse donation money.

2. Accepting this Agreement

You accept this Agreement by checking the box shown to you before you connect your bank account. You may not collect a donation through MrsTubs until you have accepted it.

You must be at least 18. You must have the authority to act for the organization you name. You must give us accurate information about your organization. You must complete Stripe's own identity and account checks. Stripe decides whether to approve your account, not us.

We may decline to provide, or may stop providing, MrsTubs Giving to any organization, using our reasonable judgment.

3. You are the recipient of every gift

Every donation made through MrsTubs Giving is a gift from the donor to your organization. It is not a gift to MrsTubs, and MrsTubs is not a party to it.

MrsTubs provides the software that lets you ask for the gift and lets the donor send it. Payment is charged directly to your own connected Stripe account. MrsTubs never takes ownership of donation money, never holds it, and never routes it through any account of ours. MrsTubs charges one fee, described in Section 5.

Because the gift is to you:

• You are responsible for what you told donors you would do with the money, and for actually doing it.
• You are responsible for every promise, description, photo, goal, and progress number on your giving page.
• You are responsible for all donor questions and complaints about the gift or your work.
• You are responsible for every tax, reporting, registration, and legal duty that applies to your organization and to soliciting donations where your donors live.

MrsTubs makes no promise to anyone about your organization, your cause, or what you will do with a gift.

4. How payment works

4.1 Charged straight to your account. A donation is charged as a direct charge on your connected Stripe account. The money settles to your account. MrsTubs is not in the flow of funds and does not receive, hold, or send donation money.

4.2 Stripe's agreement governs your account. Your connected account is governed by your own agreement with Stripe (the Stripe Connected Account Agreement). You are responsible for following it. MrsTubs is not responsible for anything Stripe decides about your account, including holding your money, requiring a reserve, pausing payouts, or closing the account. Those are between you and Stripe.

4.3 We never hold your money and we never advance it. MrsTubs does not act as your agent to receive money. MrsTubs does not guarantee that any payment will settle. MrsTubs does not advance, front, cover, insure, guarantee, or reserve funds for you under any circumstance.

4.4 Payout timing is Stripe's, not ours. When money reaches your bank is set by Stripe's payout schedule for your account. MrsTubs does not control it, cannot speed it up, and does not promise any date.

4.5 Card rules apply to you. Because the charge is on your account, the payment card network rules apply to you, enforced through Stripe. Breaking them can result in Stripe holding your money, reversing charges, or closing your account. That is a matter between you and Stripe.

5. What MrsTubs charges

MrsTubs charges one all-in rate per gift. There is no monthly bill and no separate platform fee.

That one rate covers card processing and everything MrsTubs builds. Out of it, Stripe takes its own processing amount from the same charge, and MrsTubs keeps the remainder. The fee is taken at the moment of the gift, off the top, so the rest settles to your account.

At checkout, the donor is offered the choice to cover this fee. If the donor covers it, your organization receives the full gift amount. If the donor declines, the fee comes out of the gift and your organization receives the rest. Either way it is one fee, shown to the donor before they pay.

A donor may also add a voluntary tip to MrsTubs. That tip is separate from the gift, goes to MrsTubs, is never part of your donation total, and is never tax-deductible to the donor.

We may change these rates going forward with reasonable notice. A change never applies to a gift already given.

6. Refunds

6.1 You decide. You set your organization's refund practice. MrsTubs does not set it and holds no money from which to pay a refund.

6.2 How a refund happens today. MrsTubs has no button that issues a refund. A refund is started by a person in the Stripe Dashboard, either by you on your account or by MrsTubs support at your request or a donor's. When Stripe processes it, Stripe debits the refund amount from your connected account's balance (Stripe, "Connect charges," docs.stripe.com/connect/charges). MrsTubs then records the gift as refunded and emails the donor a confirmation. Recording it is all we do. We do not move the money, because we never had it.

6.3 Full refunds only, for now. The system currently records full refunds. If a donor needs part of a gift back, contact [email protected] and we will work it out by hand.

6.4 Fees on a refund. Stripe does not return its own processing amount when a gift is refunded (Stripe, "Refunds," docs.stripe.com/refunds). MrsTubs returns its share in full, including any voluntary tip the donor added, so you are not out of pocket for our part. You get our part back. You do not get Stripe's part back. A refunded gift is not completely free for your organization, and we would rather say that plainly than let you find out later.

If MrsTubs issues the refund, our share comes back automatically. If you issue it yourself from your own Stripe dashboard, Stripe's rules do not let us return it in the same step, so email [email protected] when you refund a gift yourself and we will return our share separately.

7. Chargebacks, and what happens to your money

Read this section twice. It is the one that costs money.

7.1 A donor can reverse a gift long after it happened. A donor can call their bank or card company and dispute the charge. This is called a chargeback. Card networks generally allow this for months after the payment, and the exact window is set by the card networks and the donor's bank, not by MrsTubs.

7.2 The money comes out of your account. Because the charge was made on your account, Stripe debits the disputed amount from your connected account's balance, not from MrsTubs' balance (Stripe, "Connect charges," docs.stripe.com/connect/charges). Stripe also charges a dispute fee to your account under your Stripe agreement.

7.3 Your account can go negative, and Stripe collects it, not us. If there is not enough money in your account when a chargeback or refund lands, your balance goes negative. Stripe recovers that balance from you under the Stripe agreement you accepted, which can include taking it out of later donations or debiting your bank account. MrsTubs will not pay it for you, will not cover it, and will not front it. MrsTubs also has no ability to collect it or to forgive it, because it is not our money and not our ledger.

7.4 You answer the dispute. If you want to fight a chargeback, you do it in your Stripe Dashboard, within Stripe's deadline. MrsTubs will hand over the records we hold about the gift if you ask, to help you respond.

7.5 We will email you, and you still have to watch. When Stripe tells us a gift on your page has been disputed, MrsTubs emails you — at the account email of the person who set up your organization, or at your organization's published support address. Stripe also notifies you directly at the email on your Stripe account. Treat the Stripe notice as the one that counts, because it carries the deadline and our email depends on a message reaching us first. Do not wait to hear it from us. Watch your Stripe Dashboard. If you see a dispute in your Stripe Dashboard that we did not email you about, tell us at [email protected]. If your organization has no contact address on file with us, we cannot email you at all — check that it is set.

7.6 The best defense is a clear page. Most chargebacks on donations happen because the donor did not recognize the charge or did not remember giving. Use a clear organization name, keep your giving page honest, and answer donor email quickly.

8. Reserves and risk

MrsTubs does not impose reserves, does not hold your money back, and does not have a release process, because we never hold the money in the first place. Any hold, reserve, or recovery of a loss is between you and Stripe under Stripe's agreement.

9. Your tax status, and what you are telling us

9.1 You certify it. We record it. We do not check it. When you set up your organization you choose one of two statuses. If you choose 501(c)(3), you must also check a box certifying that status before we will create your organization. We record who checked it, the exact date and time, and the version of this Agreement the certification was made against. We keep that record, and we can produce it.

• "We are a registered 501(c)(3)." By choosing this you certify, and you keep certifying every time a donor gives, that your organization holds a current determination from the Internal Revenue Service recognizing it as tax-exempt under Section 501(c)(3), that the exemption has not been revoked, and that the EIN you give us is that organization's EIN. Your EIN is required. We ask for it because a certification with no identifier is a promise with no subject, and because your donors may need it to support a deduction.
• "We are an informal group." You are not a registered nonprofit. Gifts to you are not tax-deductible.

MrsTubs does not verify either answer. We do not check the IRS list, we do not ask for your determination letter, and we do not confirm your EIN. We take your word for it, because you are the only one who actually knows. Recording your certification is not the same as checking it. We keep proof of what you told us. We do not confirm that it is true.

9.2 What your answer changes. Your answer sets your fee rate (Section 5) and it sets what the donor's receipt says:

• If you certified 501(c)(3), the receipt tells the donor that your organization has attested it is a 501(c)(3), names your EIN, and states the deductible amount. The receipt frames it as your statement, not as something MrsTubs verified.
• If you are an informal group, the receipt says plainly that your group is not a 501(c)(3) and the gift is not tax-deductible. We put that at the top, not in a footnote.

The voluntary tip to MrsTubs is never part of the deductible amount, whatever your status.

9.3 If you get it wrong. Certifying 501(c)(3) status you do not have causes real harm. Every donor who gave got a receipt telling them their gift was deductible. They may have claimed it. You are responsible for that, and:

• You must tell us immediately at [email protected] if your status changes or if you realize you chose wrong.
• You must contact every affected donor and correct the record.
• You must certify again, accurately, before you can keep collecting gifts.
• We will switch your organization to informal status and stop issuing deductible receipts.
• We may suspend or close your giving account.
• You will cover MrsTubs for any claim, penalty, or cost that comes out of your incorrect certification, under Section 14.

9.4 Your own tax duties. You are responsible for your organization's own tax filings and for any acknowledgment the law requires you to send a donor. MrsTubs' receipt is a convenience, not your compliance. You acknowledge that Stripe, not MrsTubs, issues any Form 1099-K for your account.

9.5 Registration to ask for donations. Many states require an organization to register before it asks their residents for donations. Registering is your responsibility. MrsTubs does not register for you and does not check whether you have.

10. Your giving page and your conduct

10.1 Donations only. MrsTubs Giving is for accepting donations. Do not use it to sell goods, sell tickets, sell services, run a raffle, run a sweepstakes, or take payment for anything a donor receives in return. If a donor gets something of value for their money, the tax rules are different and our receipts will be wrong. Ticketed fundraisers are not supported yet.

10.2 Tell the truth. Every word, photo, goal, and number on your giving page must be accurate. Do not claim endorsements you do not have. Do not imply MrsTubs endorses you. Do not misstate what the money is for.

10.3 Use the money for what you said. If you raised it for a stated purpose, use it for that purpose.

10.4 Follow the law. You must obey all laws that apply to soliciting donations, including charitable solicitation registration, consumer protection, and privacy law.

10.5 Your own messages to donors. Any email or text you send your donors is yours. You must follow the CAN-SPAM Act, the Telephone Consumer Protection Act, and any other law that applies, get any consent required, and honor opt-outs. MrsTubs does not send your marketing and is not responsible for it.

11. Donor information

You are an independent controller of your donors' personal information. MrsTubs handles it as described in the MrsTubs Privacy Policy.

When a gift succeeds we record the donor's contact details in your organization's contact list, so you can thank them and keep records. That includes the donor's name and email when they gave them, and the amount and date.

"Give anonymously" hides the donor's name from your public supporter list. It does not hide the donor from you. You still receive their name and email. Do not tell donors otherwise and do not publish a name a donor asked you to keep off the public list.

You must have a lawful basis to hold donor information, must keep it secure, must honor donor requests about their own data, and must not sell it.

12. MrsTubs is not your agent

MrsTubs is not a fundraiser, fundraising counsel, commercial co-venturer, fiscal sponsor, agent, partner, or employee of your organization, and your organization is none of those things to MrsTubs. Neither of us can bind the other.

13. Suspension and termination

You may stop using MrsTubs Giving at any time.

We may suspend or close your giving account, take down your giving page, or stop accepting gifts for you, if you break this Agreement, break the law, break Stripe's rules, misstate your tax status, or create risk for donors, for MrsTubs, or for the platform. Where it is practical and lawful, we will tell you why.

Closing your account does not end what you already owe. You remain responsible for gifts already received, refunds, chargebacks, taxes, and your promises to donors. Sections 3, 4, 6, 7, 8, 9, 11, 12, 14, 15, and 16 survive.

14. You cover us

You will indemnify and hold harmless Black Asterisk LLC and its affiliates, officers, and employees from any claim, loss, penalty, or expense, including reasonable attorney fees, arising from: your organization or its activities; your giving page; how you used donated money; your tax status certification and any receipt issued because of it; your refunds, chargebacks, or negative account balance; your handling of donor information; or your breach of this Agreement, of law, or of anyone's rights.

15. Limits on our liability

MrsTubs Giving is provided "as is" and "as available," with no warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent the law allows, MrsTubs and its affiliates are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data. MrsTubs' total liability for any claim will not exceed the greater of (a) the total MrsTubs fees you paid us in the twelve months before the event giving rise to the claim, or (b) US $100.

MrsTubs is specifically not liable for chargebacks, refunds, negative balances, Stripe's decisions about your account, payout timing, or any tax consequence of the status you certified.

16. Governing law and where disputes go

This Agreement is governed by the laws of the State of Wyoming. Any dispute will be brought only in the state or federal courts located in Wyoming, and both sides consent to that court and give up any objection to it. You and MrsTubs each give up the right to a jury trial.

We may change this Agreement going forward with notice. Changes do not apply backward. If part of this Agreement cannot be enforced, the rest still stands. This Agreement, together with the MrsTubs Terms of Service and the MrsTubs Privacy Policy, is the whole agreement between us on its subject.

17. Contact

Organization support: [email protected]

Legal notices: [email protected], or Black Asterisk LLC, 30 N Gould St Ste R, Sheridan, WY 82801-6317, Attn: Legal