Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you - whether an individual donor, parish administrator, clergy member, or monastery representative ("User," "you," or "your") - and AGAPAY ("we," "us," or "our"). By registering an account, making a donation, visiting, or otherwise accessing the AGAPAY platform, you agree to these Terms in full.

If you are accessing AGAPAY on behalf of a parish, monastery, skete, or other religious organization, you represent that you have actual authority to bind that organization to these Terms and that you are acting within the scope of your authorization.

These Terms incorporate by reference AGAPAY's Privacy Policy, which governs our collection, use, and disclosure of your personal information.

For clarity throughout these Terms, the following definitions apply:

"Platform"

The AGAPAY website, web application, APIs, and all services accessible at agapay.app and related subdomains.

"Organization"

Any Orthodox Christian parish, mission, monastery, skete, or related canonical religious entity that registers on the Platform.

"Donor"

Any individual who uses the Platform to make a charitable contribution to an Organization.

"Administrator"

A person authorized by an Organization to manage that Organization's account on the Platform, including clergy, parish council members, or monastery administrators.

"Transaction"

Any financial contribution, donation, or payment processed through the Platform, including associated platform and processing fees.

"Commemoration" or "Memorial Submission"

Names or intentions submitted by a Donor through the Platform for liturgical commemoration by an Organization's clergy.

"Stripe"

Stripe, Inc., AGAPAY's third-party payment processor, whose own terms of service govern payment processing.

• Age requirement. You must be at least 18 years of age to create an account or make a donation through AGAPAY. By using the Platform, you represent and warrant that you meet this requirement.
• Organizational accounts. Parish and monastery accounts may only be created by an authorized representative - typically a priest, parish council officer, or monastery administrator - with actual authority to bind the Organization.
• Accurate information. You agree to provide accurate, current, and complete information during registration and to keep that information updated promptly. AGAPAY reserves the right to suspend or terminate accounts based on inaccurate, incomplete, or misleading registration information.
• One account per Organization. Each Organization may maintain only one active AGAPAY account. Creation of duplicate accounts is prohibited without prior written consent from AGAPAY.
• Account security. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify AGAPAY immediately at hello@agapay.app if you suspect unauthorized access, credential compromise, or any breach of account security.
• Non-transferability. Your account and any rights granted under these Terms are personal to you and may not be transferred, sold, or assigned to any other person or entity without AGAPAY's prior written consent.

AGAPAY provides a technology platform to facilitate financial contributions to Orthodox Christian parishes, monasteries, sketes, and related religious organizations in the United States. AGAPAY is a technology facilitator and payment intermediary - not a charitable organization, bank, money transmitter, trust company, or financial advisor.

AGAPAY does not hold, pool, or commingle donor funds. All donations flow directly through Stripe Connect to the recipient Organization's connected Stripe account. AGAPAY collects its platform fee at the time of transaction as a separate application fee.

AGAPAY reserves the right to modify, suspend, or discontinue any feature of the Platform at any time. For material feature changes, AGAPAY will provide reasonable advance notice to registered Organizations.

By registering a parish or monastery on AGAPAY, the registering Administrator represents, warrants, and covenants that:

• The Organization is in good canonical standing within a recognized Holy Orthodox jurisdiction operating in the United States.
• The Administrator has actual authority to register the Organization and to bind it to these Terms.
• The Organization is validly constituted under applicable state nonprofit or religious corporation law (or is a recognized part of a registered ecclesiastical entity).
• The Organization will promptly notify AGAPAY - within five (5) business days - of any change in canonical status, including suspension, excommunication, or jurisdictional transfer.

AGAPAY reserves the right to verify canonical standing through independent inquiry and to suspend or terminate any account where canonical standing cannot be confirmed, is disputed, or has been lost. Misrepresentation of canonical status is grounds for immediate termination and may result in additional civil or equitable legal action.

• Voluntary and irrevocable. All donations processed through AGAPAY are made voluntarily and are generally irrevocable once submitted. This reflects the nature of charitable giving and Stripe's processing architecture. AGAPAY does not provide refunds for completed charitable donations except where required by applicable law or to correct a documented processing error.
• Processing errors. If you believe a Transaction was processed in error - including duplicate charges, incorrect amounts, or unauthorized transactions - contact AGAPAY at hello@agapay.app within thirty (30) calendar days of the transaction date. AGAPAY will investigate in good faith and, where a processing error is confirmed, initiate appropriate corrective action, which may include a refund or credit, at AGAPAY's discretion.
• Chargeback policy. You agree not to initiate chargebacks with your card issuer for legitimate voluntary charitable donations. Fraudulent, bad-faith, or unjustified chargebacks may result in immediate account suspension, recovery of associated costs (including processor fees and dispute fees) from the initiating party, and referral to appropriate legal authorities where fraud is suspected.
• No guarantee of liturgical performance. A donation made in connection with a memorial or commemoration submission is a charitable gift to the recipient Organization. AGAPAY does not guarantee, warrant, or represent that any specific liturgical act will be performed by any clergy member or Organization. All liturgical matters remain within the sole discretion of the recipient parish or monastery.
• Currency. All Transactions are processed in US dollars. AGAPAY does not support foreign currency donations.

AGAPAY charges platform fees as disclosed on our Pricing page, which is incorporated into these Terms by reference. Monasteries and sketes are permanently exempt from monthly subscription fees; transaction fees apply to all accounts.

• Stripe processing. Payment processing is provided by Stripe, Inc. By using AGAPAY, you agree to Stripe's Terms of Service and
  Section 8

  Tax Status & Charitable Giving

  AGAPAY is a technology facilitator, not a tax-exempt entity. AGAPAY does not independently verify, certify, or guarantee the 501(c)(3) status or tax-exempt standing of any Organization on the Platform.

  The deductibility of any donation for federal or state income tax purposes depends entirely on the tax status of the recipient Organization and the applicable law in your jurisdiction. AGAPAY makes no representations regarding the tax treatment of any specific donation.

  • Donor responsibility. Donors are solely responsible for independently verifying the tax-exempt status of recipient Organizations. The IRS Tax Exempt Organization Search tool is available at irs.gov.
  • Transaction records. AGAPAY will provide Donors with transaction records upon request. These records may be used to substantiate charitable contributions, but AGAPAY makes no representation regarding their legal sufficiency for any particular tax situation or jurisdiction.
  • Organization responsibility. Organizations are solely responsible for their own compliance with IRS requirements, state charity registration requirements, and any other applicable tax law. AGAPAY is not responsible for an Organization's failure to maintain tax-exempt status.
  • Consult a professional. You should consult a qualified tax advisor or CPA regarding the deductibility of any specific donation and any applicable reporting requirements.

The collection, use, and protection of your personal information is governed by AGAPAY's Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the data practices described in the Privacy Policy.

• Donor data. Personal information collected from Donors - including name, email address, and payment data - is used solely to process Transactions, provide account services, issue records, and communicate regarding your use of the Platform. AGAPAY does not sell Donor personal information to third parties.
• Organization data. Organizations and Administrators consent to AGAPAY retaining Transaction records, account information, and communication logs for a period of not less than seven (7) years as required for financial recordkeeping compliance.
• Memorial names. Names submitted for liturgical commemoration are transmitted to the designated clergy of the recipient Organization and retained by AGAPAY to support year-end donor records. AGAPAY treats memorial names as sensitive personal data and does not share them beyond the intended recipient Organization.
• Payment data. AGAPAY does not store full payment card numbers. All payment data is handled directly by Stripe in accordance with PCI-DSS standards.

You agree to use the AGAPAY Platform only for lawful purposes and in a manner consistent with these Terms. The following conduct is expressly prohibited:

• Using the Platform for any fraudulent, deceptive, unauthorized, or criminal purpose.
• Submitting false, misleading, defamatory, or harassing content in any field, including memorial names, intentions, organizational descriptions, or messages.
• Attempting to gain unauthorized access to any part of the Platform, any other user's account, or AGAPAY's backend infrastructure.
• Using the Platform to harass, threaten, defame, or harm any individual or organization.
• Violating any applicable federal, state, or local law or regulation in connection with your use of the Platform, including anti-money-laundering (AML) and know-your-customer (KYC) laws.
• Attempting to reverse engineer, decompile, disassemble, scrape, or otherwise extract the source code or database contents of any part of the Platform without written authorization.
• Introducing viruses, malware, or any malicious code into the Platform or its infrastructure.
• Using automated scripts, bots, or other tools to access or interact with the Platform in an unauthorized manner.
• Registering an Organization that is not in canonical Orthodox standing, or that is not a bona fide religious Organization.

AGAPAY reserves the right to remove any content and suspend or terminate any account that violates these standards, with or without prior notice, at AGAPAY's sole discretion.

AGAPAY offers the ability to submit names for liturgical commemoration - including memorial lists for the proskomedia, panikhida, and parastas - in connection with a charitable offering. By submitting names through this feature:

• You represent that you have the right and, where applicable, the consent to submit the names of living or deceased persons for liturgical commemoration by the designated Organization.
• You understand that AGAPAY transmits these names to the designated priest or clergy of the recipient parish or monastery, and that AGAPAY does not itself perform, schedule, guarantee, or supervise any liturgical function.
• You understand and agree that the clergy's receipt of, scheduling of, and response to submitted names is entirely within the discretion of the recipient Organization, and that AGAPAY has no control over or responsibility for any liturgical acts or omissions.
• You agree not to submit names in a manner intended to harass, defame, mock, or harm any individual or community.
• You understand that AGAPAY may retain submitted names to generate year-end commemorations records for Donors and to provide Administrators with ongoing access to current and historical commemoration lists.

All content, branding, design, software, code, copy, and features of the AGAPAY Platform - including but not limited to the AGAPAY name, logo, tagline ("Love how you give."), visual identity, and the Platform's functional architecture - are the exclusive property of AGAPAY and are protected by applicable United States and international intellectual property laws, including copyright, trademark, and trade secret law.

You are granted a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Platform solely for its intended purpose in accordance with these Terms. This license does not convey title or ownership of any AGAPAY intellectual property.

You may not reproduce, distribute, publicly display, modify, adapt, translate, create derivative works from, sell, or otherwise exploit any AGAPAY content or intellectual property without prior express written permission from AGAPAY.

By submitting any content to the Platform (including Organization names, descriptions, or communications), you grant AGAPAY a non-exclusive, royalty-free, perpetual license to use, display, and transmit that content for the sole purpose of providing the Platform's services.

AGAPAY may suspend or terminate your account or access to the Platform at any time, with or without cause and with or without notice, including but not limited to:

• Violation of these Terms or any applicable law or regulation.
• Loss of, dispute over, or inability to confirm canonical standing by a registered Organization.
• Fraudulent, deceptive, or abusive use of the Platform.
• Non-payment of applicable Platform fees after thirty (30) days' written notice of delinquency.
• Any action that AGAPAY reasonably believes poses a risk to the Platform, its users, or third parties.

Registered Organizations may terminate their account at any time by providing written notice to hello@agapay.app. Termination will be processed within ten (10) business days of receipt. Termination does not relieve any party of obligations arising prior to the effective termination date, including outstanding fees, data retention requirements, or indemnification obligations.

Upon termination, AGAPAY will retain Transaction records, donation history, and account data for a minimum of seven (7) years in accordance with standard financial recordkeeping practices. Donors may request a copy of their Transaction history prior to account closure.

The AGAPAY Platform is provided on an "AS IS" and "AS AVAILABLE" basis, without warranty of any kind. To the fullest extent permitted by applicable law, AGAPAY expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
• Any warranty that the Platform will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.
• Any warranty regarding the accuracy, completeness, reliability, or timeliness of any content on the Platform, including Organization information, canonical status representations, or tax-exempt status claims.
• Any warranty regarding the outcome of any liturgical commemoration submitted through the Platform.

Some jurisdictions do not allow the exclusion of certain implied warranties. To the extent such warranties cannot be disclaimed under applicable law, AGAPAY's liability for such warranties is limited to the minimum extent required by law.

To the fullest extent permitted by applicable law, AGAPAY and its officers, directors, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind - including but not limited to loss of revenue, loss of profits, loss of data, loss of goodwill, or business interruption - arising out of or related to:

• Your use of or inability to use the Platform.
• Any Transactions processed through the Platform.
• Any unauthorized access to or alteration of your transmissions or data.
• Any conduct or content of any third party on the Platform, including other Users or Organizations.
• Any liturgical act performed or not performed in connection with a memorial submission.

This limitation applies regardless of whether AGAPAY has been advised of the possibility of such damages and regardless of the theory of liability - contract, tort (including negligence), strict liability, or otherwise.

Aggregate cap. AGAPAY's total cumulative liability to you for any and all claims arising under or related to these Terms shall not exceed the greater of: (a) the total fees paid by you to AGAPAY in the twelve (12) months immediately preceding the claim giving rise to liability; or (b) one hundred dollars ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, AGAPAY's liability is limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless AGAPAY and its officers, directors, employees, contractors, agents, licensors, and successors from and against any and all third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your use of the Platform in violation of these Terms or applicable law.
• Any content you submit to the Platform, including memorial names, messages, or organizational descriptions.
• Your misrepresentation of canonical standing, organizational authority, or any other material fact.
• Any fraudulent, bad-faith, or unjustified chargeback initiated by you.
• Your violation of any applicable law, regulation, or the rights of any third party.
• Any breach of your representations and warranties under these Terms.

AGAPAY reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with AGAPAY's defense of such claim.

AGAPAY may update these Terms from time to time to reflect changes in our services, applicable law, or business practices. When we make material changes, we will:

• Post the updated Terms on this page with a revised "Last Updated" date.
• Send email notice to registered parish and monastery Administrators at least thirty (30) days before material changes take effect.
• Display a prominent notice on the Platform for at least thirty (30) days following any material update.

Non-material changes (such as typographical corrections, clarifications, or updates to contact information) may be made without advance notice and will be effective upon posting.

Your continued use of the Platform after the effective date of updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use and may terminate your account before the effective date by contacting hello@agapay.app.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the AGAPAY Platform shall be resolved exclusively as follows:

• Informal resolution first. Before initiating any formal proceeding, you agree to contact AGAPAY at hello@agapay.app and make a good-faith effort to resolve the dispute informally. AGAPAY will acknowledge receipt within five (5) business days and respond substantively within thirty (30) days.
• Binding arbitration. If informal resolution fails after sixty (60) days, any unresolved dispute shall be finally resolved by binding arbitration administered in Lubbock, Texas, under the Commercial Arbitration Rules of the American Arbitration Association (AAA) then in effect. The arbitration shall be conducted in English before a single arbitrator. The arbitrator's written award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
• Costs. The party initiating arbitration is responsible for paying the applicable AAA filing fee. Each party shall bear its own attorneys' fees unless the arbitrator determines that a claim or defense was frivolous, in which case the arbitrator may award fees to the prevailing party.
• Class action waiver. YOU AND AGAPAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.
• Exceptions. Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the conclusion of arbitration, without waiving the right to arbitrate the underlying dispute.

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions or choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

To the extent any dispute is determined to be outside the scope of the arbitration clause in Section 18, you consent to the exclusive personal jurisdiction of the state and federal courts located in Lubbock County, Texas, and waive any objection to such jurisdiction or venue.

If you have questions, concerns, or legal notices regarding these Terms, please contact AGAPAY at:

• General inquiries: hello@agapay.app
• Parish support: parishes@agapay.app
• Technical support: support@agapay.app
• Platform: agapay.app

AGAPAY will respond to all legal inquiries within thirty (30) days of receipt. For urgent matters, please include "LEGAL - URGENT" in your email subject line.