Terms of Service

These Terms of Service (“Terms”) govern your access to and use of GiveBrick’s websites, applications, digital campaign walls, payment features, and related services collectively referred to as the “Service.” The Service is operated by Tessable LLC, doing business as GiveBrick (“GiveBrick,” “we,” “us,” or “our”).

By visiting, accessing, or using the Service, creating a campaign, or purchasing a brick, you agree to these Terms and to our Privacy Policy, Refund Policy, and Acceptable Use Policy. If you do not agree, you may not use the Service.

1. What GiveBrick Does

GiveBrick is a digital buy-a-brick fundraising and recognition platform.

Schools, churches, teams, booster organizations, memorial organizers, nonprofits, and other approved community groups can launch a digital buy-a-brick wall and keep a flat 85% of the price of every brick sold.

One 15% GiveBrick fee covers the use of the platform and standard card-processing costs. Card-processing charges are not separately deducted from the organizer’s 85% share of the brick price.

Supporters select or claim a digital brick, add a name and optional message, and purchase a personalized digital recognition placement on the campaign wall. For Photo Reveal campaigns, the campaign picture begins in black and white, and purchased bricks reveal their portions of the picture in color.

The wall is designed to update in near real time after payment confirmation. Brief delays may occur because of payment processing, internet connectivity, webhook delivery, browser caching, or other technical factors.

GiveBrick provides the technology used to create and operate campaigns. Unless expressly stated otherwise, GiveBrick does not organize, sponsor, manage, or guarantee the underlying project for which an organizer is raising money.

2. Eligibility

You must be at least 18 years old and legally able to enter into a binding agreement to:

• Create or administer a campaign;
• Establish an organizer account;
• Agree to these Terms on behalf of an organization; or
• Make a brick purchase using a payment method in your name.

When using the Service on behalf of an organization, school, church, team, booster group, nonprofit, memorial committee, or other entity, you represent that you have authority to bind that organization or entity to these Terms.

Supporters generally do not need to create an account to purchase a brick.

3. Organizer Accounts

Organizers may be required to create an account, authenticate through an emailed sign-in link, provide accurate contact information, complete identity or authority verification, and establish a Stripe-connected payout account.

You are responsible for:

• Maintaining control of your email account and organizer access;
• Providing accurate and current account information;
• Protecting your account from unauthorized use;
• Promptly notifying GiveBrick of suspected unauthorized activity; and
• All activity conducted through your organizer account.

GiveBrick may require additional information or documentation before approving, publishing, or continuing a campaign.

4. Campaign Application, Review, and Approval

GiveBrick is a curated platform rather than an unrestricted public fundraising marketplace.

Campaigns may be reviewed before they are permitted to go live. Review may include:

• Confirming the identity of the organizer;
• Confirming the organizer’s authority to represent the organization or campaign;
• Reviewing the campaign’s purpose and statements;
• Reviewing uploaded photographs, artwork, logos, names, and other content;
• Confirming the rights or consent necessary to use campaign content;
• Reviewing the proposed payout account;
• Confirming that organization campaigns use an appropriate organization-type payout account;
• Assessing fraud, payment, legal, reputational, or safety risks; and
• Requesting revisions or additional information.

GiveBrick may approve, reject, postpone, request changes to, suspend, close, or decline to publish any campaign in its reasonable discretion.

Approval of a campaign does not constitute an endorsement, certification, legal opinion, tax opinion, or guarantee regarding the organizer, project, use of proceeds, or campaign outcome.

5. Organizer Responsibilities

By creating or operating a campaign, you represent, warrant, and agree that:

• You are authorized to create and operate the campaign.
• All campaign information is accurate, complete, and not misleading.
• You will accurately describe the campaign’s purpose and intended use of funds.
• You own, license, or have obtained all permissions necessary to use the photographs, artwork, names, logos, trademarks, personal likenesses, memorial materials, and other content submitted for the campaign.
• Memorial campaigns have appropriate authorization or consent from the family, estate representative, memorial committee, or another person with authority over the memorial.
• You will not use an individual’s likeness, including the likeness of a public figure, without appropriate rights, permission, or another valid legal basis.
• You will comply with all laws and regulations applicable to your organization, campaign, solicitations, taxes, advertising, consumer disclosures, and use of proceeds.
• You are responsible for determining whether charitable-solicitation registrations, permits, notices, disclosures, or reports are required.
• You will not describe a brick purchase as tax-deductible unless you have independently determined, with appropriate professional guidance, that the statement is legally supportable.
• You are responsible for providing any tax receipt or charitable acknowledgment you choose or are required to provide.
• You will use campaign proceeds consistently with the representations made to supporters.
• You will reasonably respond to supporter questions, correction requests, refund issues, and content concerns.
• You will not use GiveBrick for political campaign fundraising, candidate fundraising, political committee activity, or another use prohibited by GiveBrick or its payment providers.
• You will not attempt to circumvent GiveBrick’s fees, payment process, campaign review, content controls, or payout requirements.
• You will comply with the Acceptable Use Policy and all other policies incorporated into these Terms.

6. Digital Brick Purchases

A brick purchase is the purchase of a personalized digital recognition placement on a campaign wall.

Unless a specific campaign expressly states otherwise:

• A GiveBrick purchase does not include a physical, engraved, printed, or mailed brick;
• The brick does not give the supporter an ownership interest in the campaign, project, organization, image, website, or underlying property;
• The brick does not create voting rights, membership rights, equity rights, or rights to campaign proceeds;
• The supporter is not purchasing a particular physical portion of any real-world structure; and
• The brick is not transferable or resalable.

A supporter may be permitted to choose an available brick and submit:

• A display name;
• A short message or dedication;
• An optional approved link; and
• Other information presented during checkout.

The supporter is responsible for reviewing spelling, capitalization, names, and messages before completing the purchase.

Brick content is subject to character limits, technical restrictions, content screening, organizer review, moderation, and the Acceptable Use Policy.

7. Brick Availability and Payment Confirmation

Selecting a brick does not complete a purchase.

GiveBrick may temporarily reserve a selected brick while the supporter completes checkout. If checkout is abandoned, expires, fails, or is not completed within the reservation period, the brick may become available to another supporter.

A brick becomes purchased only after GiveBrick receives successful payment confirmation from Stripe or another authorized payment provider.

If two supporters attempt to claim the same brick, the supporter whose checkout reservation is successfully created first will receive the opportunity to complete the purchase. The other supporter may be required to choose another brick.

GiveBrick does not guarantee that a selected brick will remain available until payment is confirmed.

8. Public Display and Brick Editing

The name, message, dedication, and approved link submitted for a brick may be displayed publicly.

Do not submit personal, confidential, financial, medical, identifying, or other sensitive information that you do not want publicly displayed.

Brick content may be:

• Reviewed before or after publication;
• Edited or corrected at the supporter’s request where reasonably possible;
• Edited or cleared by the campaign organizer;
• Hidden pending review;
• Removed for policy, legal, payment, or safety reasons; or
• Displayed without text while the associated portion of the image remains revealed.

Supporters do not currently have a guaranteed self-service editing right. Requests to correct or change brick content should be directed to the campaign organizer or GiveBrick. GiveBrick does not guarantee that a requested change can be completed.

9. Fees and Organizer Share

Unless a separate written agreement states otherwise, GiveBrick uses the following fee structure:

• The organizer receives 85% of the brick price.
• GiveBrick retains 15% of the brick price.
• Standard card-processing costs are covered from GiveBrick’s 15% share.
• Card-processing costs are not separately deducted from the organizer’s 85% share.

For example, on a $50 brick purchase, the organizer receives $42.50 and GiveBrick retains $7.50 before paying the applicable card-processing costs.

The 15% fee is the only fee deducted from the brick price under GiveBrick’s standard pricing.

Optional processing coverage

Checkout may offer the supporter an optional amount to help GiveBrick cover payment-processing costs.

This optional amount may be selected by default but must be clearly disclosed and removable before purchase. It is separate from the brick price, does not increase or reduce the organizer’s 85% share, and may be retained by GiveBrick to offset payment costs.

Whether the supporter accepts or removes the optional processing amount, the organizer receives the same 85% of the brick price.

Optional GiveBrick tips

Checkout may also offer an optional tip to GiveBrick. Any such tip is voluntary, separate from the brick price, and retained by GiveBrick. It does not increase the organizer’s proceeds unless the checkout page expressly states otherwise.

Prospective fee changes

GiveBrick may change its standard pricing for future campaigns or future purchases by providing appropriate notice. Fee changes will not retroactively change the allocation of a completed brick purchase.

GiveBrick may also offer negotiated, promotional, pilot, enterprise, or reduced-fee arrangements under a separate written agreement.

10. Payment Processing and Payouts

Payments are processed through Stripe or another payment provider selected by GiveBrick.

GiveBrick does not collect or store complete payment-card numbers on its own servers.

For platform campaigns using Stripe Connect:

• The payment is processed through Stripe;
• The organizer’s share is directed to the organizer’s connected Stripe account;
• GiveBrick’s fee is separated as part of the payment transaction; and
• Payouts are transferred to the organizer’s bank account according to Stripe’s payout schedule and account requirements.

GiveBrick does not manually pool campaign proceeds or operate as an escrow service.

Organizers are responsible for completing payment-provider onboarding and maintaining an eligible payout account. GiveBrick may prevent publication or suspend purchases if the organizer’s payment account is incomplete, restricted, disabled, or considered inappropriate for the campaign type.

Stripe and other payment providers may impose identity-verification requirements, reserve requirements, payout delays, account restrictions, or other controls under their own terms.

11. Keep-What-You-Raise Campaigns

Unless a campaign page expressly states otherwise, GiveBrick campaigns use a keep-what-you-raise model.

This means:

• The organizer may receive proceeds from completed brick purchases even if the campaign does not reach its fundraising goal;
• Campaign funds are not held in escrow pending achievement of the goal;
• Failure to reach the goal does not automatically entitle supporters to refunds; and
• GiveBrick does not guarantee that a project will be completed or that a fundraising goal will be reached.

All-or-nothing campaigns are not offered unless GiveBrick expressly enables and identifies that funding model.

12. Refunds, Disputes, and Chargebacks

Brick purchases are governed by the GiveBrick Refund Policy.

Supporters should contact GiveBrick before initiating a chargeback so that the matter can be reviewed and, where appropriate, resolved through the refund process.

Approved refunds are returned through the original payment method and may take additional time to appear depending on the supporter’s financial institution.

A refund does not necessarily cause the associated brick to become available again. Because a purchased brick forms part of the campaign’s public recognition wall and image reveal, the brick may remain colored, displayed, hidden, or unavailable after a refund unless GiveBrick or the organizer determines otherwise.

Organizers authorize GiveBrick and its payment providers, to the extent permitted by law and applicable payment-provider rules, to:

• Reverse transfers associated with refunds;
• Recover amounts arising from disputes or chargebacks;
• Offset amounts against future campaign proceeds;
• Delay or restrict payouts while suspected fraud or disputes are investigated; and
• Address negative payment-account balances.

13. Taxes and Charitable Status

GiveBrick does not determine or guarantee the tax treatment of any brick purchase.

GiveBrick treats brick transactions as purchases of personalized digital recognition items and does not represent that purchases are charitable donations or tax-deductible contributions.

A participating organizer may separately state that it is a tax-exempt organization or may provide tax-related information. Any such statement is made by the organizer, not GiveBrick.

Supporters should consult their own tax adviser before claiming a deduction.

Organizers are solely responsible for:

• Their tax-exempt status;
• The accuracy of tax-related statements;
• Providing any required acknowledgments or receipts;
• Determining whether the value of a digital recognition item affects deductibility;
• Collecting, reporting, and paying applicable taxes; and
• Complying with charitable-solicitation and fundraising laws.

14. Organizer Use of Funds and Campaign Outcomes

The organizer, not GiveBrick, controls the use of the organizer’s campaign proceeds.

GiveBrick does not guarantee:

• That a fundraising goal will be reached;
• That a project will begin or be completed;
• That proceeds will be sufficient for the stated purpose;
• That the organizer will perform every representation or commitment;
• That a campaign will remain publicly available indefinitely; or
• That an organization will continue operating.

GiveBrick may investigate reports of fraud, material misrepresentation, misuse of funds, lack of authority, or other misconduct. GiveBrick may suspend the campaign, restrict payouts, request additional documentation, issue refunds, or report suspected illegal activity.

15. User Content and License

“User Content” includes campaign photographs, artwork, text, logos, organization names, campaign descriptions, brick names, messages, links, and other material submitted through the Service.

You retain any ownership rights you have in your User Content.

By submitting User Content, you grant Tessable LLC a nonexclusive, worldwide, royalty-free, transferable and sublicensable license to host, store, reproduce, resize, crop, adapt for technical presentation, display, distribute, and otherwise use the content as reasonably necessary to:

• Operate the Service;
• Create and display the digital wall;
• Process and fulfill brick purchases;
• Moderate or review the campaign;
• Provide campaign previews and sharing features;
• Promote the campaign at the organizer’s request; and
• Promote GiveBrick using public campaign pages and nonconfidential campaign materials.

This license continues for as long as reasonably necessary to operate the Service, maintain transaction and compliance records, resolve disputes, or comply with law.

You represent that granting this license does not violate any third-party right.

16. Content Moderation

GiveBrick and campaign organizers may review, edit, hide, reject, or remove User Content that:

• Violates these Terms or the Acceptable Use Policy;
• Is unlawful, fraudulent, threatening, hateful, defamatory, obscene, or abusive;
• Contains private or sensitive information;
• Infringes intellectual-property or privacy rights;
• Misrepresents an organization, project, person, or affiliation;
• Creates payment-provider, reputational, or safety risk;
• Is submitted without appropriate consent or authority; or
• Is otherwise unsuitable for a public community recognition wall.

GiveBrick is not obligated to review every message before publication and does not endorse User Content merely because it appears on the Service.

17. Prohibited Uses

You may not use the Service to:

• Commit fraud or misrepresent the identity of an organizer, organization, supporter, or beneficiary;
• Raise funds without authorization;
• Conduct political campaign fundraising or regulated political contribution activity;
• Launder money or facilitate unlawful financial activity;
• Infringe intellectual-property, privacy, publicity, or other rights;
• Upload malware or malicious code;
• Attempt unauthorized access to accounts, systems, payment information, or data;
• Interfere with the Service’s availability or security;
• Use bots, scraping tools, or automated access without written permission;
• Manipulate purchases, reservations, campaign progress, or payout information;
• Evade campaign review, payment requirements, restrictions, or fees; or
• Engage in any conduct prohibited by the Acceptable Use Policy.

18. GiveBrick Intellectual Property

The Service, including GiveBrick’s software, source code, databases, campaign-wall technology, designs, layouts, graphics, logos, trademarks, trade names, text, documentation, and platform features, is owned by or licensed to Tessable LLC.

Except as expressly permitted, you may not:

• Copy, reproduce, modify, or distribute the Service;
• Reverse engineer or attempt to extract source code;
• Create a competing product using GiveBrick’s proprietary materials;
• Use GiveBrick or Tessable branding without permission; or
• Remove copyright, trademark, or proprietary notices.

These Terms do not transfer any ownership interest in GiveBrick technology or branding.

19. Third-Party Services

The Service relies on third-party providers for functions including payment processing, connected-account onboarding, hosting, databases, authentication, email delivery, security, and infrastructure.

Those services may be subject to separate terms and privacy policies.

GiveBrick is not responsible for outages, errors, restrictions, payment delays, or other actions caused by a third-party provider, although we will use commercially reasonable efforts to maintain the Service and address operational problems.

20. Suspension and Termination

GiveBrick may suspend, restrict, unpublish, close, or terminate an account or campaign if:

• These Terms or another GiveBrick policy is violated;
• Information submitted by the organizer is false or incomplete;
• The organizer lacks authority to run the campaign;
• Campaign content infringes another person’s rights;
• Fraud, abuse, chargebacks, or suspicious activity is detected;
• The payment provider restricts the organizer or campaign;
• Continuing the campaign could create legal, financial, safety, or reputational risk;
• The campaign is inactive or abandoned;
• Suspension is necessary to protect supporters, organizers, GiveBrick, or the public; or
• We are required to act by law, court order, payment-provider requirement, or governmental authority.

We may act with or without advance notice depending on the circumstances.

An organizer may stop using the Service, but termination does not eliminate obligations arising from prior purchases, refunds, disputes, chargebacks, taxes, indemnification, or legal compliance.

21. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

GIVEBRICK DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND SECURITY.

GIVEBRICK DOES NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE;
• EVERY CAMPAIGN WILL BE APPROVED;
• EVERY BRICK WILL APPEAR IMMEDIATELY;
• A CAMPAIGN WILL REACH ITS GOAL;
• AN ORGANIZER WILL COMPLETE ITS PROJECT;
• USER CONTENT WILL BE ACCURATE OR APPROPRIATE;
• DATA WILL NEVER BE LOST; OR
• A THIRD-PARTY SERVICE WILL REMAIN AVAILABLE.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, exclusions apply only to the maximum extent permitted by law.

22. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TESSABLE LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR FAILURE OF A CAMPAIGN OR PROJECT.

OUR TOTAL LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

• THE AMOUNT PAID TO GIVEBRICK BY OR ON BEHALF OF THE CLAIMANT DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
• ONE HUNDRED U.S. DOLLARS.

These limitations do not apply where prohibited by law.

23. Indemnification

You agree to indemnify, defend, and hold harmless Tessable LLC and its owners, officers, employees, contractors, affiliates, and agents from claims, liabilities, losses, damages, judgments, penalties, expenses, and reasonable attorneys’ fees arising from or related to:

• Your use of the Service;
• Your campaign or brick content;
• Your lack of authority to create or operate a campaign;
• Your use or misuse of campaign proceeds;
• Your violation of these Terms or another GiveBrick policy;
• Your violation of applicable law;
• Your tax, fundraising, solicitation, or reporting obligations;
• Your infringement of another person’s rights; or
• A dispute between you and another organizer, supporter, beneficiary, organization, or third party.

24. Electronic Communications

You consent to receive electronic communications relating to the Service, including sign-in links, payment receipts, security notices, campaign communications, policy updates, and legally required notices.

Electronic communications satisfy any legal requirement that the communication be provided in writing.

Marketing communications may be subject to separate consent and opt-out rights.

25. Changes to the Service or Terms

GiveBrick may modify, discontinue, or add features to the Service.

We may update these Terms from time to time. When we do, we will update the Effective Date. For material changes, we may provide additional notice through the Service or by email.

Changes apply prospectively unless otherwise permitted by law. Continued use of the Service after updated Terms become effective constitutes acceptance of the updated Terms.

26. Governing Law; Exclusive Forum

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, GiveBrick, the Platform, or the relationship between you and Tessable LLC will be governed by the laws of the State of Colorado, without regard to its conflict-of-laws principles.

Except for a matter eligible to be brought in small claims court and a request for temporary or emergency injunctive relief, the state courts located in the City and County of Denver, Colorado, and the United States District Court for the District of Colorado will have exclusive jurisdiction over any such dispute. You and Tessable LLC consent to the personal jurisdiction of those courts and waive any objection based on venue or an inconvenient forum.

Nothing in this section limits any right or remedy that cannot lawfully be waived under applicable federal, state, local, charitable-solicitation, privacy, consumer-protection, or public-policy law.

27. General Provisions

These Terms, together with the Privacy Policy, Refund Policy, Acceptable Use Policy, and any separate written organizer agreement, constitute the entire agreement between you and GiveBrick concerning the Service.

If a provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain effective.

Failure to enforce a provision is not a waiver.

You may not assign your rights or obligations under these Terms without our written consent. GiveBrick may assign these Terms as part of a merger, restructuring, financing, acquisition, asset transfer, or similar transaction.

Headings are provided for convenience and do not affect interpretation.

Provisions that by their nature should survive termination—including payment, refund, dispute, intellectual-property, indemnification, disclaimer, limitation-of-liability, and governing-law provisions—will survive.

28. Contact

Questions about these Terms may be sent to:

Tessable LLC
1930 Village Center Circle, Suite 3, PMB 4449
Las Vegas, NV 89134
United States
Email: legal@givebrick.com