1. Agreement to these Terms
These Terms of Service ("Terms") govern your use of the XtraPoint web and mobile application and related services (the "Service"), operated by XtraPoint, Inc. ("XtraPoint," "we," "us" or "our"). By creating an account or using the Service, you agree to these Terms and to the Privacy Policy, which is incorporated by reference.
Separate documents govern specific parts of the Service and control over these Terms where they conflict on their subject matter: the Donor ACH Authorization, the Round-Up Donation Policy, the Refund, Reversal and Donation-Correction Policy, and the Electronic Communications and E-SIGN Consent.
2. Eligibility
You must be at least 18 years old, reside in the United States, and have the legal capacity to enter into these Terms. If you link a bank account, you must be an owner of that account or an authorized signer on it. The Service is not directed to children, and we do not knowingly allow a person under 18 to create an account.
3. What the Service does
XtraPoint lets you find participating universities, colleges, schools, school districts, educational foundations and their fundraising campaigns (each, a "Participating Institution"), and make donations to them by bank transfer, including one-time donations, recurring donations and round-up donations.
XtraPoint is a technology platform. The Participating Institution you select is the recipient of your donation. XtraPoint is not the recipient, does not solicit donations for its own benefit, and does not control how a Participating Institution uses the funds it receives.
4. Your account
You agree to provide accurate information, keep it current, keep your credentials confidential, and notify us promptly at support@xtrapoint.com if you believe your account has been compromised. You are responsible for activity under your account except to the extent it results from our failure to meet our obligations under these Terms.
We may suspend or close an account that is inaccurate, that presents fraud, sanctions, legal or security risk, or that is used in breach of these Terms.
5. Donations are gifts
A donation is a voluntary gift to the Participating Institution you select. It is not a purchase, and you receive no goods or services in exchange unless we disclose otherwise before you give.
Donations are generally final once submitted. The Refund, Reversal and Donation-Correction Policy governs when a donation can be corrected or returned, and explains that once funds have reached an Institution, a refund requires that Institution to return them.
We do not guarantee that any donation is tax deductible. Deductibility depends on applicable law, on the recipient's status, and on your own circumstances. We do not provide tax advice.
You may not make a donation with funds you are not entitled to use, or on an account you do not own or are not authorized to use.
6. Linking a bank account
To donate, you link a bank account through Plaid Inc. Plaid handles the sign-in with your financial institution. We do not receive your online banking username or password. Plaid's own terms and end-user privacy policy govern its handling of your information and are presented to you when you connect.
Your account and routing numbers are held by a specialized security provider on our behalf and are replaced everywhere else in our systems by an alias, as described in Section 3 of the Privacy Policy. We validate a linked account before the first debit and after any change to the account number.
7. Authorizing debits
Every debit to your bank account requires your separate authorization, given through the Donor ACH Authorization. That document, and not these Terms, contains the authorization and its terms, including the amount or calculation method, the frequency and timing, the statement descriptor, the cancellation cutoff, and your right to stop a payment at your own financial institution.
You will receive a retainable copy of each authorization at the time you give it. A new or updated authorization is required when you change your linked account, the amount, the frequency, the beneficiary or another material term.
8. Round-up donations
If you enroll in round-ups, the Round-Up Donation Policy governs the calculation, the aggregation period, your limits and multiplier, the notice you receive before each debit, and cancellation. Round-up amounts vary from period to period.
Round-up amounts that have accrued but not yet been debited are a calculation, not a balance we hold. No money has left your account, and if you cancel before a debit is initiated you owe nothing.
9. Fees
We charge donors no fee. 100% of your donation goes to the Participating Institution you select. XtraPoint is paid a subscription fee by Participating Institutions.
10. Receipts and tax acknowledgments
You will receive a receipt for each donation. Tax acknowledgments are issued in accordance with the Donor Receipting and Tax Acknowledgment Standard. Recurring and round-up donations are a series of separate contributions rather than a single gift, which can affect the acknowledgment you receive. If a donation is later refunded or returned, the related receipt is void to the extent refunded and you are responsible for correcting any tax filing.
11. Participating Institutions
We screen Participating Institutions before activation and monitor them afterward, including verification of their status with the Internal Revenue Service and with state charity regulators. That screening is a risk control for our own platform. It is not an endorsement, a recommendation, an audit, or a guarantee of any Institution's tax status, financial condition, governance, or use of funds.
A campaign's description, goals and use-of-funds statements are the Institution's content and are its responsibility. If an Institution ceases to be in good standing, we will suspend solicitation on its behalf. If your authorization designates an Institution that is suspended or leaves the Service, we will cancel the authorization and tell you. We will not redirect your donations to a different recipient.
12. Your conduct
Do not use the Service unlawfully, or to launder money, evade sanctions, test payment credentials, or obscure the source or destination of funds.
Do not attempt to access another person's account, interfere with the Service, probe or scan it, or circumvent security or rate limits.
Do not scrape, reverse engineer, resell, or build a competing product from the Service, except where that restriction is unenforceable by law.
Do not submit false information, impersonate anyone, or use the Service on behalf of another person without authority.
Do not upload harmful code or content that is unlawful, infringing, harassing or discriminatory.
13. Electronic communications
We deliver agreements, authorizations, disclosures, notices and receipts electronically. The Electronic Communications and E-SIGN Consent governs that delivery, including how to obtain a paper copy and how to withdraw consent. Withdrawing that consent cancels your active authorizations, because we cannot maintain an authorization without electronic delivery.
Marketing email and, if we later offer it, text messaging are separate and optional, and you may opt out at any time without affecting transactional messages.
14. Privacy
The Privacy Policy describes what we collect, how we use and disclose it, how long we keep it, and the choices and rights available to you. Please read it.
15. Intellectual property
XtraPoint and its licensors own the Service, including its software, design, text, graphics and marks. We grant you a limited, revocable, nonexclusive, nontransferable license to use the Service for its intended purpose. Participating Institution names, logos and campaign content belong to those Institutions. Feedback you give us may be used without restriction or compensation.
16. Third-party services
The Service relies on third parties, including Plaid, payment processors, financial institutions, cloud providers and app stores. Their terms govern their own services. We are not responsible for a third party's acts, omissions, outages or policies, although we remain responsible for our own obligations under these Terms.
17. App store terms
If you obtained the app from the Apple App Store or Google Play, you also agree to that store's terms. Apple and Google are not parties to these Terms, have no obligation to provide support for the app, and are not responsible for any claim relating to it. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
18. Disclaimers
EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT EVERY DEBIT WILL BE PROCESSED, OR THAT ANY DONATION WILL BE TAX DEDUCTIBLE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, AND THOSE DO NOT APPLY TO YOU.
19. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, XTRAPOINT WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR GOODWILL. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF $[AMOUNT] OR THE TOTAL AMOUNT OF DONATIONS YOU MADE THROUGH THE SERVICE IN THE [12] MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limits do not apply to liability that cannot be limited by law, including liability for fraud or for our gross negligence or willful misconduct, and they do not limit your rights against your own financial institution for an unauthorized electronic fund transfer.
20. Dispute resolution
These Terms, and any dispute arising out of or relating to these Terms, the Services, or any donation made through the Services, are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
21. Governing law
These Terms are governed by the laws of the State of Texas without regard to conflict-of-laws rules, except to the extent federal law applies. Nothing in this Section deprives you of the protection of mandatory consumer-protection rules of the state where you reside.
22. Changes to these Terms
We may change these Terms. We will post the revised version, update the effective date, and give notice as required. Where a change is material, we will ask you to accept it before you continue to use the affected part of the Service. A change does not alter an authorization you have already given; a change to authorization terms requires a new authorization.
23. Suspension and termination
You may stop using the Service and close your account at any time through https://app.xtrapoint.com/profile . Closing your account cancels your active authorizations going forward. It does not reverse a debit already processed or eliminate responsibility for valid returns or corrections.
We may suspend or terminate access as described in Section 4. Sections 5, 10, 15, 18, 19, 20, 21 and 24 survive termination.
24. General
These Terms, with the documents referenced in Section 1, are the entire agreement between you and XtraPoint about the Service. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. Notices to you may be sent to the email address on your account.
25. Contact
XtraPoint, Inc.
Support: support@xtrapoint.com
Privacy: privacy@xtrapoint.com