GivePro — Terms of Service

1. Acceptance of terms

These Terms of Service ("Terms") govern your installation and use of the GivePro application ("App", "Service") published by CivSec S.M.A.R.T B.V. ("we", "us", "our") on the Shopify App Store. By installing the App, accessing its admin interface, or otherwise using its features, the Shopify merchant ("Merchant", "you") agrees to be bound by these Terms. If you do not agree, do not install the App.

These Terms incorporate by reference our Privacy Policy.

2. App functionality and V1.0 limitations

2.1 What GivePro does

GivePro is a donation-collection suite that runs alongside your Shopify storefront. Core functionality includes:

• Donation modal (single-step or multi-step depending on tier) for donor donation flow
• Tax-compliant receipt generation in four jurisdiction templates (NL ANBI, UK Gift Aid, US 501(c)(3), Generic)
• Recurring donation management via Shopify's Selling Plan + Subscription Contract APIs (Tier 3+ Growth, gated behind Shopify's Subscription APIs scope-approval)
• A/B testing engine, donor recognition wall, goal tracking, match-funding prompt, honor and memorial donations, multi-cause picker (Tier 3+)
• CRM integrations (Klaviyo / Mailchimp / HubSpot), Shopify Flow triggers, Custom CSS injection, GDPR data export (Tier 4 Pro)
• Customer Account UI extension donor portal (Tier 4 Pro)

2.2 V1.0 limitations

The following are intentional V1.0 deferrals:

• CRM authentication uses API keys; OAuth is V1.1 scope
• Match-funding employer database is locked at 20 entries in V1.0; merchant-curated additions are V1.1
• Lapsed-donor Flow trigger is declared but not yet wired (V1.1)
• HMRC Gift Aid claims are PDF-export only; direct API submission is V1.1

2.3 No off-platform billing

GivePro processes all donations through Shopify's checkout per Shopify App Store requirements. We do not collect payment data outside Shopify; we do not invoice donors directly.

3. Pricing and subscription

3.1 Plan tiers and pricing

GivePro is offered under Shopify's Managed Pricing with four plans:

(USD-equivalent fallback applies in stores where EUR is not supported by Shopify Managed Pricing.)

Billing is processed by Shopify on behalf of CivSec S.M.A.R.T B.V. via the Managed Pricing infrastructure. We do not receive your credit-card details directly.

3.2 Plan changes

Plan upgrades take effect immediately. Plan downgrades are deferred to the end of the current billing cycle per Shopify Managed Pricing convention; no mid-cycle prorated refund is owed.

3.3 Donation volume caps

Each tier has a monthly donation-volume cap (Free 50, Starter 500, Growth 2,500, Pro unlimited — subject to revision with notice). When a cap is reached:

• Existing donations and recurring contracts continue to be processed
• New donation modals will display a "monthly donation limit reached" message until the next billing cycle resets the counter, OR until the merchant upgrades to a higher tier
• Recurring contracts and tax receipts continue to operate uninterrupted regardless of cap

3.4 Currency

Plan prices are denominated in EUR (or USD-equivalent where Shopify requires). Donor donation amounts are independent of plan pricing and follow the merchant's shop currency configuration. GivePro does not perform foreign-exchange conversion on donations.

4. Free trial

Starter, Growth, and Pro plans include a 14-day free trial. The trial begins on plan activation and converts automatically to the paid plan unless the merchant downgrades or uninstalls before the trial ends. No credit-card pre-authorisation is taken at trial start; billing only begins on conversion.

5. Payment and refunds

5.1 Payment

Shopify charges the merchant's payment method on the merchant's regular Shopify billing cycle on behalf of CivSec S.M.A.R.T B.V. Failed payments are subject to Shopify's standard retry + suspension policy.

5.2 Refunds

Subscription fees are non-refundable except where required by applicable law. We do not provide prorated refunds for partial-month uninstalls; downgrades take effect at the end of the current cycle. Donations made by donors via the App are not subject to GivePro refunds — they are handled by the merchant directly per the merchant's own donation/refund policy.

5.3 Disputed charges

Merchants who believe a charge is incorrect should contact givepro-support@civsecsmart.com within 30 days of the charge. We will investigate and respond within 10 business days.

6. Merchant obligations

By installing GivePro, the merchant represents and warrants that:

• They have the legal authority to bind their organisation to these Terms
• They will provide accurate jurisdiction-specific charity information (ANBI / charity-number / EIN) in the GivePro configuration
• They will comply with applicable charity registration, tax, GDPR, CCPA, and other privacy laws in their operating regions
• They will not use GivePro for fraudulent, deceptive, or unlawful donation collection
• They will not misrepresent ANBI / 501(c)(3) / charity status in donor-facing copy
• They will respond to donor data-subject requests within the timelines mandated by GDPR / CCPA / equivalent local laws and use the GivePro admin UI features (e.g. GDPR ZIP export) to fulfil those requests where applicable
• They will not introduce custom CSS that violates the GivePro security regex or attempts to circumvent shadow-DOM isolation

7. Tax-receipt accuracy disclaimer

GivePro's tax-receipt templates are designed in accordance with the following primary sources (as last verified 2026-05-06):

• NL ANBI: Belastingdienst guidance on giftaftrek + ANBI status
• UK Gift Aid: gov.uk Gift Aid declarations + chapter 3 detailed guidance notes
• US 501(c)(3): IRS Publication 1771 — Charitable Contributions: Substantiation and Disclosure Requirements

The merchant is solely responsible for the accuracy of:

• Their own ANBI / charity / 501(c)(3) registration and status
• Their RSIN / charity number / EIN and other organisation-identifier fields
• The tax-deductibility status of donations they accept
• Their own filing obligations with HMRC, IRS, Belastingdienst, or equivalent

GivePro provides receipt templates as a technical convenience and does not constitute legal, accounting, or tax advice. The merchant should consult their own tax counsel before relying on templates for filing purposes.

8. Acceptable use

The merchant agrees not to:

• Use GivePro for money-laundering, terrorism financing, fraud, or any criminal purpose
• Solicit donations for ineligible recipients (e.g. private individuals presented as charities, sanctioned entities)
• Reverse-engineer, decompile, or attempt to extract source code from the GivePro widget or admin app beyond what is permitted by applicable law
• Use GivePro to send unsolicited bulk email, SMS, or other electronic communications
• Rate-limit-evade, scrape, or programmatically abuse GivePro endpoints
• Misrepresent CivSec S.M.A.R.T B.V. as the source of any communication
• Resell, sublicense, or redistribute GivePro to third parties

We reserve the right to suspend or terminate access for material breach of this section, with notice where reasonably practicable.

9. Termination

9.1 Termination by the merchant

The merchant may uninstall GivePro at any time via the Shopify admin. On uninstall:

• Active recurring contracts are paused but not cancelled (the merchant may reactivate within 48 hours by reinstalling)
• After 48 hours, GivePro processes the Shopify shop/redact webhook and deletes all merchant configuration + donor PII subject to legal-retention obligations (financial records retained for audit per §5 of the Privacy Policy)

9.2 Termination by GivePro

We may suspend or terminate access immediately for:

• Material breach of these Terms
• Charge-back rate exceeding industry norms
• Court order, regulatory directive, or law enforcement request
• Discovery of fraud, money-laundering, or use for prohibited purposes

We will use reasonable efforts to notify the merchant before suspension where doing so does not contravene law-enforcement or regulatory requirements.

9.3 Effect of termination

On termination:

• The merchant's right to use GivePro ceases
• Donor data subject to legal-retention obligations is retained per the Privacy Policy
• The merchant is responsible for any outstanding subscription fees up to the date of termination
• These Terms survive termination to the extent necessary for the parties' rights and obligations

10. Limitation of liability

To the maximum extent permitted by law:

• Our total aggregate liability to the merchant for all claims arising out of or relating to the App or these Terms in any 12-month period is limited to the total subscription fees paid by the merchant in the immediately preceding 12 months
• We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of goodwill, loss of data, or business interruption, even if advised of the possibility
• Some jurisdictions do not permit certain limitations; this clause applies to the fullest extent permitted in such jurisdictions

This limitation does not apply to:

• Liability for personal injury or death caused by gross negligence or wilful misconduct
• Liability that cannot be excluded under Dutch or applicable consumer-protection law
• Indemnification obligations under §11

11. Indemnification

The merchant agrees to indemnify, defend, and hold harmless CivSec S.M.A.R.T B.V., its directors, officers, employees, and agents from any claim, demand, or liability (including reasonable legal fees) arising out of:

• The merchant's misuse of the App
• The merchant's misrepresentation of charity / ANBI / 501(c)(3) status
• The merchant's violation of donor privacy laws or tax laws
• Donations collected by the merchant via the App that are subsequently disputed by donors, banks, or regulators on grounds unrelated to App malfunction

We will indemnify the merchant against any third-party claim that the App, as provided by us, infringes a valid third-party intellectual property right, subject to the merchant's prompt written notice and reasonable cooperation in defence.

12. Governing law and jurisdiction

These Terms are governed by the laws of the Netherlands, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. The exclusive jurisdiction for disputes arising out of these Terms is the competent court in Amsterdam, Netherlands, except where mandatory consumer-protection law confers jurisdiction elsewhere.

13. Dispute resolution

Before initiating litigation, the parties agree to attempt good-faith resolution via the following sequence:

1. Direct negotiation for at least 30 days, with legal@civsecsmart.com as our point of contact
2. If unresolved, mediation under the rules of the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center, with a single mediator located in Amsterdam, conducted in English or Dutch at the parties' choice
3. If still unresolved, the dispute is submitted to the competent court in Amsterdam per §12 above

14. Force majeure

Neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, pandemic, governmental action, fibre cuts, third-party platform outages (including Shopify, Vercel, Neon, Resend), or denial-of-service attacks. The affected party will notify the other party promptly and use reasonable efforts to mitigate.

15. Changes to these Terms

We may update these Terms to reflect changes in law, regulation, our business practices, or the GivePro feature set. Material changes will be notified to the merchant via:

• Email to the developer-account email on file
• Banner notification in GivePro admin (/app)
• Updated "Last updated" date at the top of this page

Continued use of the App after the effective date of revised Terms constitutes acceptance of those Terms. Merchants who do not accept revised Terms may uninstall the App with no further obligation beyond fees already accrued.

A revision history is maintained:

16. Miscellaneous

16.1 Entire agreement

These Terms, together with the Privacy Policy and any plan-specific descriptions in the Shopify App Store, constitute the entire agreement between the merchant and CivSec S.M.A.R.T B.V. regarding the App.

16.2 Severability

If any provision is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be reformed to reflect the parties' original intent to the maximum extent permitted by law.

16.3 No waiver

Failure to enforce any provision is not a waiver of the right to enforce that provision later.

16.4 Assignment

The merchant may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets, with notice.

16.5 Independent contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, agency, or employment relationship.

16.6 Notices

Notices to us must be sent to legal@civsecsmart.com. Notices to the merchant will be sent to the developer-account email on file in the merchant's Shopify Partner account.