Terms of Service

Effective Date: November 3, 2025

1. Acceptance of Terms

Welcome to Donate Your Balance ("DYB," "we," "us," or "our"). By accessing or using our website at donateyourbalance.com (the "Site") and our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Site or services.

These Terms apply to all users of the Site, including donors who submit gift cards and nonprofit organizations that receive donations through our platform.

2. Description of Service

Donate Your Balance is a service that facilitates the conversion of unused gift cards into cash donations for nonprofit organizations. Our service includes:

  • Accepting gift card information from donors through online submission forms
  • Processing gift cards by converting their available balance into cash
  • Distributing funds to participating nonprofit partners selected by donors
  • Facilitating connections between donors and nonprofit organizations

Important: DYB acts as an intermediary service. We do not guarantee specific donation amounts, as the actual cash value obtained from gift cards may vary based on multiple factors described in Section 4.

3. User Eligibility

To use our services, you must:

  • Be at least 18 years of age or the age of majority in your jurisdiction
  • Have the legal right to donate the gift cards you submit
  • Be a resident of the United States
  • Provide accurate and complete information when submitting gift cards or registering as a nonprofit partner

4. Gift Card Terms and Limitations

4.1 Gift Card Requirements

By submitting a gift card to DYB, you represent and warrant that:

  • You are the lawful owner of the gift card
  • The gift card is authentic and has not been obtained fraudulently
  • The gift card has an available balance and is not expired
  • You have not previously sold, transferred, or donated the gift card to another party
  • The gift card is not subject to any disputes, claims, or legal holds

4.2 Value Disclaimers

IMPORTANT: The cash value we receive for your gift card may be less than its face value. This reduction can occur due to:

  • Processing fees charged by gift card liquidation services
  • Merchant restrictions or limitations on the gift card
  • Expiration dates or time-sensitive balance reductions
  • Partial balances or unusual denominations that affect marketability
  • Market rates for specific retailers or brands
  • Card activation issues or technical problems with card verification

DYB does not guarantee any minimum percentage of face value. While we strive to maximize the value obtained from each gift card, the actual amount converted to cash may vary significantly.

4.3 Gift Card Acceptance

DYB reserves the right to:

  • Refuse any gift card for any reason without prior notice
  • Return gift cards that cannot be processed
  • Request additional verification or documentation before processing
  • Decline gift cards from certain retailers or brands

4.4 Processing Timeline

Gift card processing times vary and may take several weeks or longer depending on:

  • Card verification requirements
  • Liquidation partner processing schedules
  • Nonprofit disbursement timelines
  • Volume of submissions

We do not guarantee specific processing timeframes.

5. User Responsibilities

5.1 Donor Responsibilities

As a donor, you agree to:

  • Provide accurate gift card information (card number, PIN, balance, retailer)
  • Not submit stolen, fraudulent, or illegally obtained gift cards
  • Not submit gift cards with zero balance or expired cards
  • Not attempt to use the gift card after submitting it to DYB
  • Respond promptly to any verification requests from DYB
  • Not hold DYB liable for the actual cash value obtained from your gift card

5.2 Nonprofit Responsibilities

As a nonprofit partner, you agree to:

  • Provide accurate information about your organization and tax-exempt status
  • Maintain valid 501(c)(3) status or equivalent nonprofit designation
  • Use donated funds for charitable purposes in accordance with your mission
  • Notify DYB of any changes to your organization's status or contact information
  • Comply with all applicable laws and regulations governing nonprofit organizations

6. Privacy and Data Collection

Your use of our services is also governed by our Privacy Policy. By using DYB, you consent to our collection and use of your information as described in our Privacy Policy.

We collect information through Tally.so form submissions, which are processed and stored by Tally in accordance with their privacy practices.

7. Prohibited Activities

You may not:

  • Submit gift cards that you do not own or have authority to donate
  • Provide false or misleading information about gift cards or your identity
  • Attempt to defraud DYB, nonprofit partners, or other users
  • Use automated tools to scrape, crawl, or harvest data from the Site
  • Interfere with or disrupt the Site or services
  • Use the Site for any illegal purpose
  • Attempt to gain unauthorized access to any part of the Site or our systems
  • Impersonate any person or entity
  • Submit gift cards obtained through illegal means

8. No Warranties; Service "As Is"

DYB PROVIDES THE SITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We specifically disclaim all warranties, including but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Accuracy or completeness of any information on the Site
  • Uninterrupted or error-free operation of the Site or services
  • Specific results or gift card conversion values
  • Security of data transmission or storage

We do not warrant that:

  • The Site will meet your requirements
  • Gift cards will be processed successfully
  • Any specific donation amount will be achieved
  • Services will be available at any particular time

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DYB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

This limitation applies to claims based on:

  • Contract, tort, strict liability, or any other legal theory
  • Use or inability to use the Site or services
  • Differences between gift card face value and cash value obtained
  • Processing delays or failures
  • Errors or inaccuracies in content
  • Unauthorized access to or alteration of your transmissions or data

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED $100 USD OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless DYB and its officers, directors, employees, agents, and partners from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Site or services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Gift cards you submit that are fraudulent, stolen, or submitted without proper authority
  • Any inaccurate or false information you provide

11. Third-Party Services

Our Site uses third-party services, including:

  • Tally.so for form submissions and data collection
  • Cloudflare Pages for hosting and content delivery
  • Gift card liquidation partners for processing gift cards

We are not responsible for the practices, policies, or actions of these third-party services. Your use of third-party services is subject to their respective terms and policies.

12. Intellectual Property

All content on the Site, including text, graphics, logos, images, and software, is the property of DYB or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

  • Copy, modify, distribute, or reproduce any content without our written permission
  • Use our trademarks, logos, or branding without authorization
  • Create derivative works based on our content

13. Termination

We reserve the right to suspend or terminate your access to the Site or services at any time, with or without notice, for any reason, including:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Providing false information
  • At our sole discretion

Upon termination, your right to use the Site and services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including liability limitations, indemnification, and dispute resolution provisions.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which DYB operates, without regard to conflict of law principles.

Any disputes arising from or related to these Terms or the services shall be resolved through:

  1. Informal Negotiation: Contact us at contact@donateyourbalance.com to attempt to resolve the dispute informally
  2. Binding Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association
  3. Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in class actions

15. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

  • Update the "Effective Date" at the top of this page
  • Notify users through the Site or via email (for significant changes)
  • Post the updated Terms on the Site

Your continued use of the Site or services after changes are posted constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DYB regarding the use of the Site and services, and supersede any prior agreements or understandings.

18. No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by DYB.

19. Force Majeure

DYB shall not be liable for any failure or delay in performing obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, acts of war, terrorism, labor disputes, or technical failures.

20. Contact Information

If you have questions, concerns, or disputes regarding these Terms or our services, please contact us:

Thank you for using Donate Your Balance. By using our Site and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.