Terms of Service

1. Account Terms
2. Account Activation
3. Riseact rights
4. Your responsibilities
5. Payment of fees and taxes
6. Confidentiality
7. Limitation of Liability and Indemnification
8. Intellectual Property and Materials
9. Additional services
10. Feedback and reviews
11. Copyright notification and removal procedure
12. Privacy and data protection
13. Riseact Contracting Party
14. Term and Termination
15. Changes
16. General conditions

Last updated: January 27, 2023

Riseact welcomes you! By signing up for a Riseact Account (as defined in Section 1) or using any of the Riseact Services (as defined below), you agree to be bound by the following terms and conditions (the “Service Terms and Conditions ").

In these Terms and Conditions of Service, the terms “we”, “us”, “our” and “Riseact b>” refer to the relevant Riseact Contracting Party (as defined below in Section 13), represented by Metadonors S.r.l., and “you” means the Riseact User (in the case of registering or using a Riseact Service by an individual) or the organization with which the Riseact User collaborates (in the case of registration or use of a Riseact Service by an organization) and any of its affiliates.

Riseact offers a platform with everything needed for organizations to unify their fundraising activities. Among other features, this platform includes a set of tools for organizations to: create and customize online campaigns; receive donations in multiple locations (including web, mobile, social media, online marketplaces, and other online venues (“Online Services”)); manage products, donations, contacts, fundraising campaigns, marketing and advertising; involve existing and potential supporters. In these Terms and Conditions of Service each service offered by Riseact will be referred to as “Service(s)”. Any new features or tools added to the current Services will also be subject to the Terms and Conditions of the service. You can consult the most current version of the Terms and Conditions of Service at any time at https://www.riseact.org/en/terms-of-service

You must read and agree to all terms and conditions contained or expressly referred to in these Terms and Conditions of Service, including the Riseact Privacy Policy and the Riseact Data Processing Policy before you can sign up for a Riseact Account or use any Riseact Services.

Summaries are provided for convenience only and appear in bold below each section, but are not legally binding. Read the entire Terms and Conditions of Service, including any documents referred to in them, to understand your full legal obligations.

By using Riseact or any of Riseact's services, you agree to these terms. Make sure to periodically check for any updates.

1. To access and use the Services, you must create a Riseact account (“Account”). To complete the registration of the Account you will need to provide us with your full name or company name, business address, telephone number, a valid email address and any other information indicated as mandatory. Riseact may refuse your application for an Account, or cancel an existing Account, for any reason and at its sole discretion.
2. To open an Account you must be: (i) at least 18 years old or (ii) of legal majority in the country in which you reside and from which you use the Services.
3. You confirm that you are receiving the Services provided by Riseact for the purpose of carrying out a fundraising activity on behalf of a non-profit organization or body and not for personal, domestic or family use.
4. You acknowledge that Riseact will use the email address you provided when you opened your Account, or as subsequently updated by you, as the primary method to communicate with you ("Primary Email Address"). You have an obligation to monitor the Primary Email Address you provide to Riseact; in particular, your Primary Email Address must be able to send and receive messages. Your email communications with Riseact can only be verified if they come from your Primary Email Address.
5. You are responsible for keeping your password confidential. Riseact cannot be responsible nor will it be liable for any loss or damage arising from your inability to keep your Account and password secure.
6. Technical assistance in relation to the Services is provided only to Riseact Users. Any questions on the Terms and Conditions of the service should be sent to Riseact Support.
7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use the Services, or access the Services without Riseact's express written permission.
8. You agree not to work around or circumvent any of the technical limitations of the Services, not to use tools to enable features otherwise disabled in the Services, and not to decompile, disassemble, or otherwise reverse engineer the Services.
9. You agree not to use any robot, spider, scraper or other automated means to access the Services or to monitor any materials or information on the Services.
10. You understand that your Materials may be transferred unencrypted and may be subject to (a) transfers over various networks; and (b) modifications to ensure compliance and adaptation to the technical requirements of the networks or connection devices. "Materials" means your Trademarks, copyrighted content, any products or campaigns you offer through the Services or third-party applications (including pricing and descriptions), as well as photos, images , videos, graphics, written content, audio files, code, information or other data provided or made available by you or your affiliates to Riseact or its affiliates.

THIS MEANS THAT

You are responsible for your Account, the Materials you upload to the Riseact Service and the operation of your Riseact Website. If you violate the Riseact Terms and Conditions of Service, we may terminate your access to the services. Should we need to contact you, we will write to the Primary email address.

2.1 Website Owner

1. Except as provided in Section 2.1.2, the person who signs up for the Service by opening an Account will be the contracting party (“Website Owner”), for purposes of our Terms and Conditions of Service, and will be the person authorized to use the Account that we may provide to the Website Owner in connection with the Service. You are responsible for ensuring that the name of the Website Owner (including the legal name of the organization owning the Website, if applicable) is clearly visible on the Website.
2. If you sign up for the Services on behalf of your employer or an organization you work with, the Website Owner will be the employer or organization. If you sign up for the Services on behalf of your employer, you must use the email address provided by them and you represent and warrant that you have the authority to bind your employer to our Terms and Conditions of Service.
3. Your Website Riseact can only be associated with one Website Owner. An Owner can own multiple Website Riseacts. You agree to use Riseact's Checkout service for your Website. "Website" means the website (hosted by Riseact or a third party), or a virtual showcase created via API.

2.2 User Accounts

1. Depending on your Riseact subscription plan, you may create one or more user accounts (“User Accounts”) to allow others to access the Account. Each User Account must include a full name and a valid email account. With User Accounts, the Website Owner can set permissions and allow others to work in their Account, by establishing the level of access of User Accounts in relation to specific company information (for example, it is possible to restrict access of User Accounts sales information on the Reports page, or block User Accounts from changing general Website settings).
2. The Website Owner: (a) is responsible for ensuring that its employees, agents and subcontractors comply with these Terms and Conditions of Service, including through User Accounts; and (b) liable for any violation of these Terms and Conditions of Service by its employees, agents and subcontractors. The Website Owner acknowledges and agrees that it is personally responsible for the performance of all obligations under this Agreement, whether or not you sublicense or subcontract any such obligations to any third party, including, without limitation, not limited to, entities affiliated or controlled by the Website Owner.
3. The Website Owner and the users of the User Accounts are referred to individually as the "Riseact User".

2.3 Account and Payment Methods

1. Once the subscription to the Service has been completed, the authorized Riseact User will be responsible for linking one or more payment methods among those available to the Website. In order to collect donations and receive payments through its Riseact Website, the Riseact User must create their own PayPal or Stripe account, or alternatively use an existing one.
2. You acknowledge that these will be your default payment channels and that it is your sole responsibility as the Website Owner to activate and manage these accounts. If you do not wish to keep any of your payment accounts active, it is your responsibility to deactivate them. For clarity, PayPal and Stripe are Third Party Services, as defined in Section 9.7.1 of these Terms and Conditions of Service, therefore Riseact will not assume any responsibility for the activation, management and correct functioning of these systems for check- out.

2.4 Domain names (coming soon)

1. When you purchase a domain name through Riseact, the automatic annual renewal of the domain is set for as long as your Riseact Account remains active. You acknowledge that it is your sole responsibility to turn off the automatic renewal feature should you choose to do so.

THIS MEANS THAT

Only one person (usually who subscribes to the Riseact Service) can be the "Owner of the Website". The Website Owner is responsible for the Account, bound by these Terms and Conditions of Service and responsible for the actions of third parties accessing the Account. If you are registering on behalf of your employer or organisation, they will be the Website Owner responsible for the Account.

The Website Owner will have to independently create and manage the systems that allow him to accept payments. You are responsible for activating and deactivating these accounts and complying with the terms set forth for them by the parties that make them available, such as PayPal and Stripe.

1. The Services have a number of features and functionalities. Not every Service or feature will be available to all Merchants at all times, nor are we under any obligation to make every Service or feature available in any jurisdiction. Except where prohibited by these Terms and Conditions of Service or by applicable law, we reserve the right to change the Services or any part thereof for any reason, without notice, at any time.
2. Riseact does not pre-screen the Materials, but reserves the right to refuse/remove Materials from any part of the Services when this is appropriate in its sole discretion. By way of example only, if Riseact should find a violation of these Terms and Conditions of Service in certain campaigns or services offered through the Services, or in certain Materials uploaded or published on the Services, it may refuse/remove such Materials from the Services.
3. Any type of written or verbal abuse (including threats of retaliation) against any employee, member or appointee of Riseact will result in the immediate termination of the Account.
4. We reserve the right to provide the Services to your competitors and do not guarantee exclusivity to you. You further acknowledge and agree that Riseact employees and contractors may also be customers or contractors of other organizations that use the Riseact Services, although in such event they may not use your Confidential Information (as defined in Section 6).
5. In the event of a dispute relating to ownership of the Account, we reserve the right to request appropriate documentation to establish or confirm ownership of the Account. Documentation may include, but are not limited to, a scanned copy of your registry entry, government-issued identification, the last four digits of any credit card we hold, or confirmation of your employee status or employee of an institution.
6. Riseact reserves the right to determine, in its sole discretion, who owns the Account and to transfer the Account to the rightful Website Owner. In the event that we are unable to determine with reasonable certainty the legitimate Owner of the Website, without prejudice to any other right and action, we reserve the right to temporarily suspend or deactivate the Account until an agreement is reached between the conflicting parties.

THIS MEANS THAT

We at Riseact can decide to whom we make our Services available and we are free to modify them at any time. We also have the right to refuse/remove Materials from any part of the Services, including your Website. We may offer the Services to your competitors but in doing so we will never share your confidential information with them. In the event of a dispute over ownership of a Riseact Account, we may suspend the Account or transfer it to whoever we determine to be the rightful owner.

1. You undertake to publish on your Riseact website contact information for the public, a disclosure on the reimbursement methods and an indication of the order fulfillment times if you manage the sale of products or gadgets.
2. You acknowledge and accept that the Riseact Services are not a marketplace and that any contract or agreement concluded through the Services is understood to be stipulated directly between you and the supporter, therefore any donation you receive will always be your property. You are responsible for the creation and operation of your Riseact Website, your Materials, the goods and services you sell, the campaigns you run through the Services, and all aspects of the transactions between you and your customers and supporters. Without limitation, you are responsible for: authorizing charges for recurring or one-off donations, refunds, order fulfillment, customer service, fraudulent transactions, disclosures required by law, regulatory compliance, actual or alleged violation of applicable laws (including including consumer protection laws in any jurisdiction where you sell products or services), as well as your violation of these Terms and Conditions of Service. You represent and warrant that your Website, your Materials, and the goods and services you sell through the Services are authentic, accurate, and complete, and do not violate any laws, regulations, or third-party rights. For clarity, we specify that Riseact will not have the role of seller or merchant nor will it be in any way responsible for your Website or for the articles and campaigns proposed to supporters through the Services.
3. You are solely responsible for any goods, campaigns, or services that you offer through the Services (including, without limitation, liability for descriptions, cost examples, prices, rates, calculated taxes, defects, statutory disclosures, regulatory compliance, offers or promotional content) and to comply with any applicable laws or regulations.
4. You may not use the Riseact Services for any illegal or unauthorized purpose. Furthermore, in the use of the Services, you are not permitted to violate any laws of your jurisdiction (such as copyright laws), nor the laws applicable to you in the jurisdiction of your customers or the laws of the Italian Republic. You will comply with all applicable laws and regulations (including but not limited to obtaining and maintaining the requirements of any license or permit necessary to operate your business) when using the Services and performing your obligations under the Terms and conditions of the service.

THIS MEANS THAT

You (and not us) are responsible for your Website Riseact, for the goods, campaigns or services you offer and for the relationship with your customers/supporters

1. You will pay the Online Service Subscription Fees (“Subscription Fees”) and any other applicable fees, including without limitation fees based on the value of donations received with the Website if such your plan, using any payment processor other than Riseact Payments (“Transaction Fees”) and any fees related to the purchase or use of products or services such as Apps, Integrations, Themes, domain, Professional Services, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees, and Additional Fees are referred to as the "Fees".
2. To pay all due and recurring Fees you must have a valid payment method registered with us. Riseact will charge the applicable Fees to any valid payment method authorized by you (“Authorised Payment Method”) and will continue to charge the Authorized Payment Method for the applicable Fees until the Services are terminated and until all Fees due will not have been paid in full. Unless otherwise stated, all Fees and other charges are in EUROS and all payments will be made in EUROS.
3. Subscription Fees are paid in advance and are billed at 30-day intervals (each such date is a "Billing Date"). Transaction Fees and Additional Fees are charged by Riseact from time to time at its sole discretion. On each Billing Date, you will be charged any pending Fees not previously charged. The Commissions will be indicated on the invoice, which will be sent to the Website Owner via the interchange system of the Revenue Agency and via the main email. Additionally, a non-tax report will appear on the Charges page of the website's admin console. Users have approximately two weeks to report and resolve any Subscription Fee billing issues.
4. If we are unable to process your Fees payment through an Authorized Payment Method, we may attempt to use another Authorized Payment Method. If we fail to successfully process your Fee payment using an Authorized Payment Method within 28 days of your initial attempt, we may suspend and revoke your access to your Account and the Services. Your account will be reactivated after all outstanding Fees have been paid, plus any applicable Fees for the next billing cycle. You may not have access to your Account or Website during the suspension period. If outstanding Fees remain unpaid for 60 days from the date of suspension, Riseact reserves the right to terminate your Account pursuant to Section 14.
5. All Fees are exclusive of any provincial, state, local, or other governmental sales, goods, and services taxes, harmonized taxes, or other taxes, fees, or charges now in effect or to be introduced in the future (“Taxes").
6. You are required to pay all taxes that may be due for your Riseact subscription and for the purchase of Riseact products or services. The calculation of Taxes for the purposes of the billing by Riseact is based on the applicable tax rates for the billing address provided by you. The amounts are in addition to Fees for products and services you purchase and will be charged to your Authorized Payment Method. If you are exempt from paying Taxes, you will need to provide us with proof of your exemption, which in some jurisdictions includes an original certificate complying with applicable legal requirements and proving tax exempt status. The tax exemption will only apply from the date we receive sufficient evidence for Riseact regarding your exemption. In the event that Riseact does not charge Taxes, you are responsible for verifying whether there are any Taxes due and, if so, independently repaying them to the competent tax authorities in your jurisdiction.
7. For the avoidance of doubt, all sums owed by you to Riseact under these Terms and Conditions of Service shall be paid in full and without applying any deduction or withholding. Subject to the Taxes charged to you by Riseact and remitted on your behalf to the competent tax authorities, any deduction or withholding required by law will be your responsibility and paid separately to the competent tax authority. Riseact shall be entitled to charge the Authorized Payment Method the full amount of the Fees set out in these Terms and Conditions of Service, without taking into account any additional deductions or withholdings required by law.
8. You are solely responsible for determining, collecting, withholding, declaring, and remitting applicable taxes, duties, fees, surcharges, and additional charges in connection with any sale made on your Riseact Website or as a result of your use of the Services. Riseact Services are not a marketplace. Any contract concluded through the Services is concluded directly between you and your supporter or client.
9. You have the obligation to keep the office indicated in the administration console of your Riseact website up-to-date and correct. If you change jurisdiction, you will need to promptly update your location in the admin console.
10. Riseact does not offer refunds.

THIS MEANS THAT

All WebSites must have a valid payment method (such as a credit card) registered in their account to cover service charges, including Subscription Fees, Transaction Fees and Additional Fees. Subscription Fees are charged every 30 days. Any Transaction Fees or Additional Fees will be charged to your chosen payment method. If we are unable to charge the Fees payment to your payment method, we will make further attempts. If payment fails within 28 days of the initial charge attempt, Riseact may suspend your Website. You are responsible for paying all Taxes related to your Website or use of the Services. You may need to pay Tax to Riseact or directly to your local tax authority. Refunds are not permitted.

1. “Confidential Information” includes, but is not limited to, all information associated with a party's business and not publicly known, such as specific business and organizational information, technical processes and formulas, software, lists of customers and supporters and prospective supporters, names, addresses and other data relating to customers and prospective customers, product designs, sales, costs (including any applicable processing fees), price lists and other financial information, business plans and unpublished marketing, as well as any other confidential and proprietary information, whether or not marked confidential or patented. Riseact Confidential Information includes any information you receive about Riseact or the Services that is not known to the general public, including information related to our security programs and procedures.
2. Each party agrees to use the other's Confidential Information only as necessary to perform its obligations under these Terms and Conditions of Service and to comply with any additional obligations hereunder, including as set forth in this Section 6. Each The parties agree to take all reasonable steps – at least substantially equivalent to steps taken to protect their proprietary information – to prevent the duplication, disclosure and use of such Confidential Information and agree to make Confidential Information accessible only: (i) to its employees, agents and subcontractors who need access to Confidential Information to fulfill the party's obligations set forth herein, binding them to treat such Confidential Information as set forth herein and subjecting them to a confidentiality obligation as strict as that set forth herein here; or (ii) if required by any law, regulation or court order having jurisdiction over the parties and with respect to the subject matter of these Terms and Conditions of Service, provided that, if legally permitted, the receiving party provides prompt written notice about the disclosure of data to the interested party and will use commercially reasonable efforts to ensure that such disclosure is confidential. Confidential Information does not include information that the receiving party can prove: (A) was already in the public domain, or already known or in possession of the receiving party at the time of its disclosure; (B) was independently developed by the receiving party without use of or reference to the other party's Confidential Information and without violating any provision of these Terms and Conditions of Service; or (C) was subsequently acquired lawfully by the receiving party, from a source other than the interested party, without violating any provision of these Terms and Conditions of Service.

THIS MEANS THAT

Both you and Riseact agree to use the other party's Confidential Information only to perform your obligations under these Terms and Conditions of Service. Confidential Information shall be protected and respected.

1. You expressly acknowledge and agree that, to the extent permitted by applicable laws, Riseact and its suppliers will not be liable, even in the event of negligence, for damages - direct, indirect, incidental, special, consequential or exemplary, including, without limitation damages for loss of profits, goodwill, use, data or other intangible losses – arising out of or in connection with your use or inability to use the Service, or these Terms and Conditions of Service.
2. You agree to indemnify and hold harmless us and (as applicable) our parent, subsidiary and affiliated companies, partners, officers, directors, agents, employees and suppliers of Riseact in respect of any claim or demand – including reasonable attorneys' fees – advanced by third parties for: (a) your violation of these Terms and Conditions of Service or the documents incorporated herein by reference (including the Terms of Use); (b) your violation of any law or the rights of any third party; or (c) any aspect of the transaction between you and your Customer or Sponsor, such as refunds, fraudulent transactions, known or alleged violations of applicable laws (including but not limited to state and EU consumer laws), or your violation of the Terms and Conditions of Service.
3. You will be liable for any violation of the Terms and Conditions of Service by your affiliates, agents or subcontractors as if it were your violation.
4. Riseact will not be responsible for any tax obligations or liabilities against you in connection with the use of the Riseact Services.
5. Your use of the Services is at your sole risk. The Services are provided "as is" and "as available," without any warranties or conditions, express, implied, or statutory.
6. Riseact does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
7. Riseact does not guarantee that the results obtainable through the use of the Services are accurate or reliable.
8. Riseact does not warrant that the quality of any products, services, information or other materials purchased by you or obtained through the Services will meet your expectations or that any errors in the Services will be corrected.

THIS MEANS THAT

Riseact will not be responsible for damages or legal actions that may arise if you break the law, violate this agreement or enter into conflict with the rights of third parties. The Service is provided "as is" and "as available". We make no warranties and our liability is limited for any errors or interruptions.

8.1 Your Materials

1. We do not claim ownership of the Materials you supply to Riseact; however, we do require a license to such Materials. In particular, you grant Riseact a non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to host, use, distribute, display, modify, perform, copy, store, publicly perform, communicate to public (including via telecommunications), transmit, reproduce, make available, display, translate, and exploit to create derivative works of any Materials you provide in connection with the Services. Riseact may use the rights under this license to manage, provide and promote the Services and to fulfill its obligations and exercise its rights under the Terms and Conditions of the service. You represent, warrant and affirm that you own all rights in the Materials necessary to grant you this license. You irrevocably waive to Riseact any moral rights you may have in the Materials, and you agree that this waiver may be invoked by anyone who obtains rights in the Materials through Riseact, including any person to whom Riseact transfers or grants (including by license or sublicense) any right to the Materials.
2. Even after uploading to your Riseact Website, your Materials remain your property and remain subject to any rights or licenses granted to you in the Terms and Conditions of Service or elsewhere. You can remove your Website Riseact at any time by deleting your Account. The removal of the Riseact Website does not affect all rights and licenses to the Materials necessary for Riseact to exercise the rights or fulfill the obligations arising during the term of this Agreement.
3. You agree that Riseact may, at any time, review and remove all or some of the Materials you submit to the Services, but is under no obligation to do so.
4. You grant Riseact a non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Website (“Your Trademarks”) to operate, provide and promote the Services and to fulfill its obligations and exercise its rights under the Terms and Conditions of the Service. Such license shall survive the termination of the Terms and Conditions of Service only to the extent necessary for Riseact to exercise rights or fulfill any obligations arising during the term of this Agreement.

8.2 Intellectual Property of Riseact

1. You agree not to use any Riseact trademarks, logos, or service marks, whether registered or unregistered – including without limitation the Riseact word mark, (collectively, “Riseact Trademarks”) – unless you has obtained written permission from Riseact. You agree not to use or adopt any trademarks that could be considered confusingly similar to the Riseact Marks. You acknowledge that any variations or misspellings of the Riseact Marks will be considered confusingly similar to the Riseact Marks.
2. You agree not to purchase, register or use keywords for search engines or pay-per-click platforms (such as Google Ads), trademarks, email addresses, social media names and domain names (including but not limited to top-level domains, subdomains and page URLs) that use or include the term Riseact or Riseact trademarks or that use or include any term potentially confusing with Riseact trademarks.
3. You acknowledge and agree that the Terms and Conditions of Service do not give you any right to implement the Riseact patents.

THIS MEANS THAT

Any content you upload remains your property (if it was such) and is subject to your liability, but Riseact may use and publish the content you upload. The materials uploaded to Riseact remain the legitimate owners and subject to their responsibility. However, in relation to the materials you publish through the platform, you grant Riseact a license to use it for the management and promotion of the Services.

9.1 SMS messages

1. Where available, the Service allows you to send certain communications to customers or advocates via SMS ("SMS Services"), such as order confirmation notifications. You will only use the SMS Services in compliance with these Terms and Conditions of Service, any other applicable terms and the laws of the jurisdiction from which you send messages and the jurisdiction in which your messages are received.

THIS MEANS THAT

When using our SMS services, you are obligated to comply with our terms and conditions of use of the SMS providers and the statutory provisions.

9.2 Theme Store

1. You can determine the appearance of your Riseact website with a design template from the Riseact Theme Store (“Theme”). If you download a Theme, you are licensed to use it on one Website only. You can transfer the Theme to a second website that you own if you close the first website. To initiate the transfer of a Theme to a second Website you own, contact Riseact Support. You may not transfer or sell a Theme to another person's Website on Riseact or elsewhere. To apply a Theme to multiple Stores, you need to make multiple downloads and each download is subject to the applicable fee. Riseact does not guarantee that any particular Theme will remain available for further downloads.
2. You have the option to change the Theme to fit your Website. Reference to Riseact in the footer of a Theme may be modified or added by Riseact at its discretion. Riseact has the right to modify the Theme which, in its sole discretion, contains elements contrary to its Terms of Use or other provisions of the Terms and Conditions of Service, even if you received the Theme as such. Furthermore, Riseact has the right to modify the Themes to adapt them to technical changes and updates, when this is necessary.
3. The intellectual property rights of the Theme remain with the designer. If you exceed the limits of the rights granted with the purchase of a Theme, the designer can take legal action against you; Riseact, without prejudice to any other right and action, may take administrative measures, such as modifying your Website or closing it.
4. Providing technical assistance for Themes is the responsibility of the designers and not Riseact. If needed, Riseact can help you contact the designer who made your theme.
5. It is the Organization's responsibility, and not Riseact's, to verify that the installation of a new Theme does not overwrite or damage the current or pre-existing Theme, nor the user interface.

THIS MEANS THAT

You can purchase our Themes and use them for one Website at a time. You can modify the Themes, but without infringing the intellectual property rights of third parties, including the designer. For issues related to a Theme, contact the designer. Keep in mind that Themes may be deleted or changed over time.

9.3 Riseact Email

1. The email services offered by Riseact (“Email Services”) allow you to send emails necessary for thanking you for donations received, order confirmation and management, problems with payment methods made through Riseact. This Service does not allow the sending of mass emails, which requires a third-party Service. In addition to the terms provided for the Services in general (which include the Terms of Use and the Riseact Privacy Policy), the following conditions also apply to your access and use of the Email Services: Riseact applies specific controls to analyze the content of emails sent via the Email Services prior to delivery (“Content Scanning”). Content Scanning is intended to limit spam, phishing and other harmful content that violates these Terms and Conditions of Service or the Riseact Terms of Use (collectively, “Threats”). By using the Email Services, you automatically grant Riseact the right to perform such Content Scanning. Riseact does not guarantee that the Email Services will be free from Threats and each Riseact Merchant is responsible for all content generated by their Website.

THIS MEANS THAT

By using the Email Services, you agree that Riseact may use tools to verify that the content of the emails sent is secure and compliant with our policies.

9.4 Third Party Services, Riseact Expert Professional Services

1. Riseact may from time to time recommend, provide you with access or enable third party software, applications (“Apps”), products, services or website links (collectively, “Services third parties”) so that you can evaluate or use them, also through the Riseact shop. Such Third Party Services are made available only as a convenience; the purchase, access or use of such Third-Party Services is solely between you and the external service provider (Partner) ("Third-Party Provider"). You agree to be bound by, in addition to these Terms and Conditions of Service, the specific terms and conditions applicable to services purchased or obtained from Third Party Providers.
2. Riseact Experts or Partners (“Experts” and “Partners”) can help you create and manage your Riseact Website by offering Professional Services.
3. You can get in touch and collaborate with an Expert or Partner directly or through the shop which provides you with suggestions about Experts and Partners who can help you in relation to different aspects of your Website. Using the shop you can find, engage and contact Experts and Partners directly from the control panel of your Account.
4. Any of your use of Third Party Services offered through the Services, Riseact Experts or the Riseact website is at your own discretion and risk; and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some cases, Riseact may receive a revenue share or commission from Third Party Suppliers that Riseact recommends to you or otherwise engage with using the Services, Professional Services or the Riseact website.
5. We make no warranties or representations in relation to the Third Party Services. You acknowledge that Riseact has no control over Third Party Services and will have no liability to you or anyone else for such Third Party Services. The availability of the Third Party Services on Riseact's websites, such as the Riseact shop, marketing place, Experts and Partners page, or the integration and enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship or affiliation by Riseact. Riseact does not guarantee the availability of Third Party Services and you acknowledge that Riseact may disable access to Third Party Services at any time in its sole discretion, without providing any notice. Riseact is not liable to you or to any third party for the interruption, suspension of access to or disabling of any Third Party Service. Riseact strongly recommends that you consult a specialist before using or relying on Third Party Services, to ensure they meet your needs.
6. If you install or enable a Third Party Service for use with the Services, you authorize us to allow the Third Party Service Provider to access your data and other Materials and take any other actions necessary for the Third Party Service to interact parties with the Services; any exchange of data or other Materials and any other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Riseact is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any related loss or damage you may suffer, as a result of access by a Third Party Service or a Provider third parties to your data or your other Materials.
7. You acknowledge and agree that: (i) by submitting a request for assistance or other information through the shop, you will be contacted by one or more Experts at the Primary Email Address (or other email address provided by you), as well as at your email address applicable user; (ii) Riseact will receive all email communications exchanged through the shop or contained in reply emails (each, “Reply”) sent by you or the Experts (directly or indirectly) through the shop. You further agree that Riseact may share your contact details and reference information submitted by you via the shop with the Experts. Experts may require access to the control panel of your Website Riseact.
8. The relationship between you and any Third Party Provider is solely between you and such Third Party Provider and Riseact has no obligation to intervene in any dispute which may arise between you and a Third Party Provider.
9. In no event shall Riseact be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages arising out of the Third Party Services or your contractual relationship with a Third Party Provider, including any Expert. These limitations will apply even if Riseact has been advised of the possibility of such damages. The foregoing limitations will apply to the maximum extent permitted by applicable law.
10. You agree to indemnify and hold harmless Riseact and (as applicable) Riseact's parent companies, subsidiaries and affiliates, partners, officers, directors, agents, employees and suppliers from any claim or demand, including reasonable attorneys' fees, arising from your use of a Third Party Service or your relationship with a Third Party Provider.

THIS MEANS THAT

Riseact is not responsible for Third Party Services, so choose at your own risk whether to use them. By choosing to use Third Party Services on the Riseact platform, you consent to Riseact sharing your data (and potentially your customers' data) with such Services. If you use third-party services, take note that Riseact does not offer any guarantees on them, so inform yourself in advance.

9.5 Beta Services

1. From time to time, Riseact may, in its sole discretion, invite you to experiment with preview or beta features that are still in development and not available to all merchants (“Beta Services”). The Beta Services are not part of the Services and may be subject to additional terms and conditions, which will be provided to you by Riseact before you use the Beta Services. Such Beta Services and all conversations and materials associated with them will be considered Confidential Information of Riseact and will be subject to the privacy provisions of this agreement. Notwithstanding the foregoing, you agree not to make public statements or otherwise disclose your participation in the Beta Services without Riseact's prior written consent. Riseact makes no representations or warranties that the Beta Services will work. Riseact may discontinue the Beta Services at any time in its sole discretion. Riseact will have no liability for any damages arising out of or in connection with a Beta Service. Beta Services may not work the same way as the release version. Riseact will be free to modify or not to release the final or commercial version of a Beta Service in its sole discretion.

THIS MEANS THAT

Beta Services may be offered from time to time. They are not part of the Standard Services and may contain errors or undergo changes at any time. You use the Beta Services at your own risk and we are not responsible for any loss or damage that may arise from your use of a Beta Service. You may be required to keep your participation in the Beta program confidential.

1. Riseact gladly accepts any ideas and/or suggestions on the improvement or integration of the Services. In no event shall your submission to Riseact of any ideas, suggestions, or related materials, or any review of the Services, Third Party Services, or Third Party Suppliers (collectively, “Feedback”) is subject to any confidentiality or must generate compensation expectations. By submitting Feedback to Riseact (by direct submission to Riseact or by posting on any forum or page hosted by Riseact), you waive all rights to the Feedback and agree that Riseact may implement and use the Feedback if it wishes, as per provided to you or as modified by Riseact, without the need to obtain consent or license from you or any third party. Any review of a Third Party Service or Third Party Provider that you submit to Riseact shall be accurate to the best of your knowledge and shall not be unlawful, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise objectionable or harmful to any third party. Riseact reserves the right (but has no obligation) to remove or edit Feedback on Third Party Services or Third Party Suppliers, provided that it will not exercise regular control over posted Feedback.

THIS MEANS THAT

We welcome customer feedback but are under no obligation to keep any ideas and suggestions about our Services or third-party services confidential, and we are free to use the feedback in any way we choose.

1. Riseact supports the protection of intellectual property and asks its merchants to do the same. It is our policy to respond to all notices of alleged copyright infringement. If someone believes that a Riseact merchant is violating their intellectual property rights, they can send a Notification to Riseact using our contact details. Upon receipt of a Notice, Riseact may remove or disable access to Materials that allegedly infringe copyright. Once the takedown notification is received, the merchant may respond with a counter notification if they have objections to the claim. The author of the initial complaint will have 14 working days from receipt of the counter-notification by Riseact to request a judicial measure that prevents the merchant from undertaking the harmful activity. Failing that, Riseact will restore the material.

THIS MEANS THAT

Riseact respects intellectual property rights and you are expected to do the same. If we receive a Notice of Alleged Infringement, we may disable access to the allegedly infringing content or remove it from your website. If you believe the complaint is unfounded, you can submit a counter notification. If you believe that one of our merchants is infringing on your intellectual property rights, you can send Riseact a Notification. We will promptly disable access to the content or remove it, by sending a notification to the merchant.

1. Riseact is scrupulously committed to protecting the confidentiality of your personal data and the personal data of your customers. By using the Service, you acknowledge and agree that Riseact's collection, use and disclosure of such personal information are governed by our Privacy Policy.
2. To the extent that Riseact processes your donor personal data as a “data processor” or “service provider” under certain data protection or data processing laws, including the General Data Protection Regulation (GDPR) , Riseact's collection and use of personal data are also subject to our Privacy Policy.

THIS MEANS THAT

Riseact's use and collection of personal data is governed by our Privacy Policy. Riseact's use and collection of customer personal data is also governed by our Privacy Policy.

1. The term "Contracting party Riseact" refers to Metadonors S.r.l., a limited liability company, with Tax Code number and VAT number 06519890484, registered office in Via Bruno Buozzi 90, 59100 - Prato (PO) , Italy, and REA number 534493, whose main website is: https://www.metadonors.it.
2. You irrevocably and unconditionally accept to be subject to the jurisdiction of the Italian courts, the Competent Court will be that of Prato, which will have the exclusive jurisdiction to settle any dispute arising or to some extent dependent on the validity, effects, interpretation or execution of the these Terms and Conditions of Service.

1. These Service Terms and Conditions shall commence on the date you complete your registration to use a Service and continue until terminated by Riseact or by you, as set forth below ("Term ").
2. You can cancel your Account and withdraw from the Terms and Conditions of Service at any time by contacting Riseact Support and then following the specific instructions received from Riseact.
3. Without limiting any other remedies available, Riseact may suspend or terminate your Account or withdraw from the Terms and Conditions of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect (in following conviction, amicable termination, investigation for insurance or warranty purposes, or otherwise) that you have engaged in fraudulent activity in connection with your use of the Services. The cessation of the effects of the Terms and conditions of the service will not affect any rights or obligations that arose previously.
4. If you have purchased a domain name through Riseact, in case of cancellation your domain will no longer be automatically renewed. After termination of the relationship between you and Riseact, it will be your sole responsibility to deal with all matters relating to your domain with the domain provider.
5. If there are any outstanding Fees owed to you on the date of termination of the Service, you will receive a final invoice by email. Once that invoice has been paid in full, you will not be charged any further.
6. In case of withdrawal by one of the parties for any reason:

• Riseact will cease to provide you with the Services and you will no longer be able to access your Account;
• except as otherwise provided in the Service Terms and Conditions, you will not be entitled to a refund of any Commissions, fees or otherwise;
• any outstanding balance due to Riseact for your use of the Services on the effective date of termination will be immediately due and payable in full;
• your Website Riseact will be deactivated.

THIS MEANS THAT

To initiate the termination process, you must contact Support. Riseact will respond with specific information about the termination process of your account. Once the termination is confirmed, domains purchased through Riseact will no longer automatically renew. If you cancel in the middle of a billing cycle, you will receive one last invoice via email. We may terminate your account at any time.

1. We reserve the right, in our sole discretion, to update or change any part of the Terms and Conditions of Service at any time. We will provide you with reasonable notice of changes to the Terms and Conditions of Service that materially or adversely affect your use of the Services or your rights under the Terms and Conditions of Service by sending an email to the Primary Email Address and providing you notice through the Riseact administrative console or similar means. However, Riseact may make changes that materially and adversely affect your use of the Services or your rights under the Terms and Conditions of Service at any time with immediate effect (i) for legal, regulatory, fraud and abuse or security; or (ii) to exclude from the Platform any products or activities that it deems unsafe, inappropriate or offensive. Unless otherwise notified (if applicable), any changes to the Terms and Conditions of Service will become effective immediately upon posting of the updated terms on this site. Your continued use of the Services after such notice from Riseact, if applicable, or after the posting of the revised Terms and Conditions of Service, constitutes your acceptance of the changes and consent to be bound by the revised Terms and Conditions of Service. If you do not agree to the revised Terms and Conditions of Service, you will need to stop accessing and using the Services.
2. Over time, Riseact may change the Fees for the Services. We will provide you with 30 days notice prior to any Fee changes by sending an email to the Primary Email Account, providing a notice in the Riseact admin console, or similar means. Riseact will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).

THIS MEANS THAT

We will notify you in advance of any changes to the Terms and Conditions of Service that materially or adversely affect your rights under these Terms or your use of the Services (unless the change is due for example to legal obligations, or the need to prevent abuse of our Services).

1. The Terms and Conditions of Service and the documents incorporated by reference therein constitute the entire agreement between you and Riseact and govern your use of the Services and Account, superseding any prior agreements between you and Riseact (including without limitation any prior versions of the Terms and Conditions of Service).
2. The failure of Riseact to exercise or enforce any right or provision of the Terms and Conditions of Service shall not constitute a waiver of such right or provision. If any provision of the Service Terms and Conditions, including all terms, conditions and documents incorporated herein by reference, should be held to be unlawful by a court of competent jurisdiction, such provision shall be modified and construed to achieve best the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Terms and Conditions of Service will remain in full force and effect.
3. Except for Riseact and its affiliates, you and anyone accessing the Riseact Services under these Terms and Conditions of Service, unless otherwise set forth in these Terms, any person or entity who is not a party to these Terms and terms of service will have the right to enforce any provision contained therein, regardless of whether such natural or legal person has been identified by name, as a member of a category or as corresponding to a certain description. For clarity, this does not affect the rights of any assignees or successors in title to these Terms.
4. The Terms and Conditions of Service will be governed by and interpreted in accordance with applicable Italian laws, without regard to principles of conflict of laws.
5. The Terms and conditions of the service may be available in languages ​​other than Italian. In the event of any inconsistencies or conflicts between the Riseact Terms and Conditions of Service in Italian and the Terms and Conditions of Service available in another language, the most recent Italian version of the Terms and Conditions of Service will prevail. Any dispute arising out of these Terms and Conditions of Service will be resolved in the Italian language, unless otherwise determined by Riseact (acting in its sole discretion) or as required by applicable law.
6. All terms and provisions of the Terms and Conditions of Service shall be binding on and inure to the parties to the Terms and Conditions of Service and their respective heirs, successors, authorized assigns and legal representatives. Riseact is authorized to assign these Terms and Conditions of Service without any obligation to give you prior notice and without the need for your consent. You will not have the right to assign or otherwise transfer the Terms and Conditions of Service or any of the contractual rights or obligations herein without Riseact's prior written consent, which may be granted or withheld by Riseact in its sole discretion .
7. If for any reason any provision, or any part thereof, of the Terms and Conditions of Service is found to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision (nor the part affected by the provision itself) of the Terms and Conditions of Service and the Terms and Conditions of Service will be interpreted as if such invalid, illegal or unenforceable provision, or part of a provision, had never been inserted into the Terms and Conditions of Service.
8. In the event of termination by either party, all rights and obligations under the Terms and Conditions of Service will terminate immediately, except that (a) you will remain responsible for performing all obligations for transactions entered into prior to termination and the commitments undertaken before or as a result of the termination of the relationship; and (b) Sections 1 (Account Terms), 5 (Payment of Fees and Taxes), 6 (Confidentiality), 7 (Limitation of Liability and Indemnification), 8.1 (Intellectual Property and Materials), 9 (Third Party Services parties, Experts and Experts Marketplace), 10 (Feedback and reviews), 12 (Privacy and data protection), 13 (Contracting party Riseact), 14 (Term and termination), 15(1) (Changes) and 16 (General conditions ) will survive the termination or expiration of these Terms and Conditions of Service.