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Terms of Service

Last updated November 2, 2026

The short version

This summary is for convenience; the full Terms below are what legally apply.

  • Donafly is technology, not a bank or a charity. We help you send a donation in someone's honor to the charities they chose.
  • Our Donation Processor handles all the money. Every payment goes to our Donation Processor, a U.S. 501(c)(3) nonprofit (see Section 1.4), which processes it, issues your tax receipt and grants the funds to the charities recommended for your gift. Donafly never holds, receives or controls donation money.
  • Donafly takes $0. We charge no fees and keep no part of any donation. "100% to charity" means Donafly keeps nothing; payment-processing fees and other third-party charges set by the Donation Processor and its payment providers may reduce what a charity receives (see Section 3.7). Any optional tip you add on the Donation Processor's checkout goes to the Donation Processor, not to Donafly or the charities.
  • Payment questions go to the Donation Processor. Refunds, receipts, charges, disputes and where funds went are handled by the Donation Processor under its own terms.
  • Use Donafly kindly and honestly. You're responsible for what you post and send.
  • Our liability is limited, and disputes go to individual arbitration instead of court, and you give up the right to a jury trial and to take part in class actions, unless you opt out within 30 days (see Section 11).

1. Agreement, who we are, and who can use Donafly

1.1 Who we are. Donafly is operated by Ely Rosenstock, an individual, doing business as Donafly ("Donafly," "we," "us," "our"). Donafly is based in East Brunswick, New Jersey. If Donafly is later transferred to a company formed to operate it, that company becomes "Donafly" under these Terms, and you agree we may assign these Terms, along with your account and information, to it. We will tell you by email if that happens.

1.2 Agreement. These Terms of Service ("Terms") govern your use of donafly.com, its pages, emails and related services (together, the "Services"). By creating an account, sending or receiving a Donafly, choosing charities, or otherwise using the Services, you agree to these Terms and our Privacy Policy. Our Privacy Policy explains how we collect and use personal information. If you do not agree, do not use the Services.

1.3 Eligibility. You must be at least 18 years old and able to form a binding contract to use the Services. The Services are intended for use in the United States. By using them, you confirm that you meet these requirements. We may limit or stop offering the Services, or any feature, in any state at any time, including to comply with state law.

1.4 Definitions.

  • "Donafly" (a gift): a donation a sender makes in honor of one or more recipients, made to the Donation Processor with a recommendation that it grant the funds to charities those recipients selected.
  • "Sender": a person who starts or pays for a Donafly.
  • "Recipient": a person a Donafly honors, whether a member or an invited guest.
  • "Charity" or "Nonprofit": an organization listed through the Donation Processor that may receive grants from it.
  • "Donation Processor": the nonprofit that processes donations made through the Services. Today that is Every.org, a U.S. 501(c)(3) nonprofit (EIN 61-1913297). If we replace it under Section 3.8, this term means the new processor.
  • "Your Content": anything you submit, such as your name, photo, notes, messages and charity choices.

2. What Donafly is — and is not

2.1 What we do. Donafly is a technology service that lets people create a page listing the charities they support and lets others make a donation in their honor to those charities. We provide software, pages and notifications only. For each gift, we use the Donation Processor's standard fundraiser feature to create a fundraiser for the charities the recipient chose, and we send the sender a link to give to that fundraiser on the Donation Processor's own checkout. Donafly does not accept, process or hold donations.

2.2 What we are not. Donafly is not:

  • a charity, nonprofit, foundation or donor-advised fund;
  • a bank, payment processor, money transmitter, escrow agent or other financial institution;
  • a party to any donation, or a fiduciary, agent or trustee for any sender, recipient or charity;
  • a tax, legal, financial or investment advisor.

2.3 We never hold your money. Donafly does not receive, hold, process, transfer or control donation funds at any time. We do not see or store your full card, bank or wallet details.

2.4 We don't vouch for charities or people. We do not verify, endorse or guarantee any charity, its use of funds, its tax status, or any person who uses the Services. Charity information comes from third parties such as the Donation Processor and public IRS data, and may be incomplete or out of date. Unless we say otherwise, a charity listed on Donafly has not partnered with us, has not given permission to be listed, and has not reviewed or approved any member's page or note. A charity can ask us to remove its name at hello@donafly.com. Do your own research before giving.

2.5 Gifts are gratitude, not payment. A Donafly is a charitable gift made in someone's honor. It is not a payment to the recipient, the recipient receives no money, and it may not be used to pay for goods, services or debts.

3. All donations are made to and processed by the Donation Processor

3.1 The Donation Processor is the only party handling money. When you pay for a Donafly, you are making a donation directly to the Donation Processor, through its checkout and its payment providers (for example, card networks, PayPal and Venmo). Your donation is a transaction between you and the Donation Processor. Donafly is not a party to it.

3.2 The Donation Processor's terms apply. Every donation is governed by the Donation Processor's Terms of Service and Privacy Policy, which you accept when you donate. If the Donation Processor's terms conflict with these Terms on any matter about a donation, the Donation Processor's terms control.

3.3 How the Donation Processor handles donations. Under its own terms, the Donation Processor takes exclusive legal control of each donation, issues your tax receipt (because, legally, your donation is made to the Donation Processor itself), and grants funds to the charities you recommend on its own schedule. It may redirect funds to another charity if a chosen charity cannot receive them (for example, if it closes or loses tax-exempt status), and states that, except in cases of fraud, it does not issue refunds. Payment processors may charge fees that reduce what a charity receives, depending on the payment method. Donafly has no control over any of this. This section is only a summary, may not reflect the Donation Processor's latest terms, and is not a promise by Donafly; the Donation Processor's own terms control.

3.4 Contact the Donation Processor for all payment matters. The Donation Processor — not Donafly — is responsible for, and is the place to contact about:

  • charges, failed or duplicate payments, and payment methods;
  • refunds, chargebacks and disputed transactions;
  • tax receipts and tax deductibility;
  • whether, when and how funds reached a charity, or were redirected;
  • fraud or suspected unauthorized payments.

Contact the Donation Processor at support.every.org. Donafly may, as a courtesy, help point you in the right direction, but we cannot issue refunds, reverse charges, change receipts or move funds.

3.5 No guarantees about donations. Donafly does not guarantee that any donation will be completed, processed on time, delivered to a particular charity, or tax-deductible. Donafly is not responsible for any act, omission, error, delay, outage, fee, security incident or decision by the Donation Processor, its payment providers, or any charity.

3.6 Pledges and payment windows. Starting or committing to a Donafly is not a payment. No donation exists until the Donation Processor completes the payment. If a Donafly is not paid, expires, or a recipient does not choose charities in time, no money changes hands and Donafly has no obligation to anyone.

3.7 Donafly charges nothing, and what "100% to charity" means. Donafly charges no fees and receives no part of any donation, tip or processing fee. If that ever changes, we will tell you clearly before you pay. The Donation Processor's checkout may invite you to add an optional tip to support the Donation Processor's own work. Any tip is up to you, goes to the Donation Processor, not to Donafly or the charities, and is governed by its terms.

When we say "100% to charity," we mean that Donafly keeps none of your donation and that your entire donation is made to the Donation Processor, a 501(c)(3), to be granted to the charities you or your recipients chose. It does not mean the charity receives the full amount. The amount a charity ultimately receives may be reduced by payment-processing fees, payment-method fees, and any other third-party charges or applicable taxes, as determined by the Donation Processor and its payment providers, not Donafly. Your tax receipt from the Donation Processor shows the amount of your donation. See the Donation Processor's terms and fee information for details.

3.8 Replacing the Donation Processor. We may change, add or replace the Donation Processor at any time. If we do, the new processor's terms will govern donations made through it, and we will update these Terms.

3.9 Taxes. You are solely responsible for determining whether a donation is tax-deductible and for reporting it. Rely on the receipt from the Donation Processor and your own tax advisor, not Donafly.

4. Accounts, pages and usernames

4.1 Your account. You may sign in with Google or an emailed code. Give accurate information, keep your email account secure, and tell us promptly at hello@donafly.com if you suspect unauthorized use. You are responsible for activity on your account.

4.2 Your public page. Your page (for example, donafly.com/yourname) may show your name, photo, the charities you chose and, if you allow it, your total raised. You choose what to share through your settings; you are responsible for what you make public.

4.3 Usernames. Usernames are first come, first served, and you have no ownership of a username. Changes require contacting us. We may reclaim, refuse or change any username that impersonates someone, infringes a trademark, is offensive, or is being held without use.

4.4 Guests. If you are invited as a recipient without an account, you may choose charities for that Donafly. You must accept these Terms before choosing charities, and they apply to you when you do. If you don't respond, no account is created for you, and we stop sending reminders about that Donafly when the choice window closes.

4.5 Sending invitations. When you add someone as a recipient, you confirm that they are at least 18 years old, that you know them, that you may share their name and email address with us for this purpose, and that you have reason to believe they would welcome the email. To honor someone under 18, invite their parent or guardian instead. Do not use Donafly to send unwanted or bulk messages.

4.6 Deleting your account. You may delete your account at any time in settings. Deleting it does not cancel or reverse donations already made through the Donation Processor, and it may keep its own records under its policies.

5. Your content and conduct

5.1 You own Your Content, and you're responsible for it. You keep ownership of Your Content. You are solely responsible for it and confirm you have the right to share it. Donafly does not create, review in advance or endorse Your Content.

5.2 License to us. You grant Donafly a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce and share Your Content as needed to run and improve the Services (for example, showing your page to visitors or your note to a recipient). We will not use your name, photo or notes to advertise Donafly without your permission. This license ends when you delete the content or your account, except for copies we must keep for legal reasons or that were already shared with others.

5.3 Rules. You agree not to:

  • break any law, or use the Services for fraud, money laundering, terrorist financing or sanctions evasion;
  • impersonate anyone, misrepresent your identity or a charity, or claim to work for Donafly or the Donation Processor;
  • harass, threaten, defame or discriminate against anyone, or post hateful, sexual, violent or misleading content;
  • infringe anyone's intellectual property, privacy or publicity rights;
  • use Donafly to pay for goods or services, offer rewards for donations, or run raffles or contests;
  • send spam or invite people in bulk;
  • scrape, hack, overload, reverse-engineer or interfere with the Services, or get around privacy settings or access controls;
  • try to see donation amounts, other recipients or other private information you aren't meant to see.

5.4 Our right to act. We may remove content, limit features, or suspend or close accounts that we believe, in our sole discretion, violate these Terms or put users, charities, the Donation Processor or Donafly at risk. We have no duty to monitor content, and we are not liable for content posted by users.

6. Third-party services

The Services rely on and link to services we don't control, including the Donation Processor, payment providers, Google sign-in, email delivery and hosting providers. Your use of them is governed by their own terms and privacy policies. Donafly is not responsible for their content, availability, security, actions or failures, and makes no promises about them. A link or integration is not an endorsement.

7. Intellectual property and copyright complaints

7.1 Ours. The Donafly name, logo, design, software and site content belong to Donafly or its licensors. We give you a limited, personal, non-transferable, revocable right to use the Services as these Terms allow. You may not copy, modify or use our name or logo without written permission.

7.2 Feedback. If you send ideas or suggestions, we may use them freely without paying or crediting you.

7.3 Copyright complaints. If you believe content on Donafly infringes your copyright, email a notice to hello@donafly.com with: your contact details and signature; the work you claim is infringed; where the material appears on Donafly; a statement of your good-faith belief that the use is unauthorized; and a statement, under penalty of perjury, that your notice is accurate and you are authorized to act. We will respond as required by the Digital Millennium Copyright Act. If your content was removed and you believe that was a mistake, you may send us a counter-notice as that Act allows. We will, in appropriate circumstances, close the accounts of repeat infringers.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DONAFLY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR ACCURATE, OR THAT ANY DATA WILL BE PRESERVED. DONAFLY MAKES NO WARRANTY ABOUT ANY DONATION, CHARITY, USER, OR THIRD-PARTY SERVICE, INCLUDING THE DONATION PROCESSOR. YOU USE THE SERVICES AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. NOTHING IN THIS SECTION LIMITS ANY RIGHT YOU HAVE THAT CANNOT BE WAIVED UNDER APPLICABLE LAW. SECTION 9.4 EXPLAINS HOW THIS SECTION APPLIES TO NEW JERSEY RESIDENTS.

9. Limitation of liability

9.1 Excluded damages. TO THE FULLEST EXTENT PERMITTED BY LAW, DONAFLY AND ITS OWNER, SUCCESSORS, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, GOODWILL OR DONATIONS, ARISING FROM OR RELATED TO THE SERVICES, ANY DONATION, ANY CHARITY, THE DONATION PROCESSOR OR ANY OTHER THIRD PARTY, OR ANY USER CONTENT OR CONDUCT — WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, DONAFLY'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). Because Donafly receives no money from donations, donation amounts are not used to calculate this cap.

9.3 Basis of the bargain. Donafly is offered free of charge, and these limits are an essential part of that. They apply even if a remedy fails of its essential purpose. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud, gross negligence, recklessness or intentional misconduct.

9.4 New Jersey residents. If you live in New Jersey, nothing in Sections 8, 9 or 10 limits (a) our liability for fraud, gross negligence, recklessness or intentional misconduct, or (b) any right or remedy you have under the New Jersey Consumer Fraud Act or the Truth-in-Consumer Contract, Warranty and Notice Act. Subject to that, Sections 8, 9 and 10 apply to New Jersey residents in full.

10. Indemnification

You agree to defend, indemnify and hold harmless Donafly and its owner, successors, contractors and agents from any claims brought by third parties (anyone other than you or Donafly), and any resulting losses, damages, liabilities and costs (including reasonable attorneys' fees), to the extent arising from: (a) your misuse of the Services; (b) Your Content; (c) any dispute between you and the Donation Processor, a payment provider, a charity or another user; (d) your breach of these Terms; or (e) your violation of any law or anyone's rights. We may control the defense of any such claim, and you will cooperate with us. This section does not apply to claims you bring against Donafly and does not require you to pay our legal costs in a dispute between you and us.

11. Disputes: informal resolution, arbitration and class waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. UNLESS YOU OPT OUT UNDER SECTION 11.5, YOU AND DONAFLY ARE EACH GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A JUDGE OR JURY DECIDE ANY DISPUTE. INSTEAD, A NEUTRAL ARBITRATOR WILL DECIDE IT, ON AN INDIVIDUAL BASIS ONLY. ARBITRATION IS LESS FORMAL THAN A COURT CASE, HAS MORE LIMITED EXCHANGE OF INFORMATION BEFORE THE HEARING, AND ALLOWS ONLY VERY LIMITED REVIEW BY A COURT. YOU ALSO GIVE UP THE RIGHT TO BRING OR TAKE PART IN A CLASS ACTION.

11.1 Talk to us first. Before bringing any claim, you agree to email hello@donafly.com with a description of the dispute and the relief you want, and to try in good faith to resolve it for 30 days. We will do the same before bringing a claim against you. Any deadline for bringing a claim is paused during this 30-day period.

11.2 Binding individual arbitration. Any dispute arising from or relating to these Terms or the Services that is not resolved informally will be resolved by final, binding arbitration on an individual basis, instead of in court, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, by a single arbitrator. Claims under $10,000 may be decided on written submissions or by phone or video. Any hearing will be held within 100 miles of your residence or online. Fees are paid as the AAA Consumer Rules require. If 25 or more similar claims are brought against Donafly by the same or coordinated lawyers, the AAA's mass arbitration rules and fees will apply.

11.3 Exceptions. Either party may bring an individual claim in small-claims court instead of arbitration, as long as the claim stays there on an individual basis, or seek a court order to stop infringement of intellectual property or misuse of the Services.

11.4 No class actions or jury trials. YOU AND DONAFLY EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims of more than one person. If a court finds this class waiver unenforceable for a particular claim or remedy, then that claim or remedy (and only that one) must be decided in court, not arbitration.

11.5 Opt-out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing hello@donafly.com with your name, the email address on your account, and the words "arbitration opt-out." Opting out does not affect any other part of these Terms.

11.6 Time limit. To the extent permitted by law, any claim arising under these Terms must be brought within one (1) year after it arises, or it is permanently barred. This one-year limit does not apply to claims under consumer-protection statutes, such as the New Jersey Consumer Fraud Act, which keep their own deadlines.

11.7 Payment disputes belong with the Donation Processor. Disputes about a donation (charges, refunds, receipts or where funds went) are between you and the Donation Processor and governed by its terms. They are not claims against Donafly.

11.8 Governing law. These Terms are governed by the Federal Arbitration Act and the laws of the State of New Jersey, without regard to conflict-of-law rules. Any court proceeding allowed by these Terms will be brought only in the state or federal courts located in Middlesex County, New Jersey, and you consent to their jurisdiction.

12. Suspension, termination and changes

12.1 Ending access. You may stop using the Services at any time. We may suspend, limit or end your access, or refuse service, at any time and for any reason, including if we believe you violated these Terms or put others at risk. If we end your access, you may not create a new account without our permission.

12.2 Changing or ending the Services. Donafly is an early-stage, invite-only service. We may change, pause or discontinue any part of it, including permanently, at any time without liability to you.

12.3 Changes to these Terms. We may update these Terms. We will post the new version with a new effective date and, for material changes, notify you by email or on the site. For material changes, we will ask you to accept the updated Terms before you keep using your account. For other changes, continuing to use the Services after they take effect means you accept them. Changes to Section 11 will not apply to any dispute that we already knew about, or that was already filed, before the change.

12.4 Survival. Sections 2, 3, 5.2, 7–11 and 13, and any other terms that by their nature should continue, survive after your account ends.

13. General terms and contact

  • Entire agreement. These Terms are the entire agreement between you and Donafly about the Services.
  • Severability. If any part is found unenforceable, it will be limited to the minimum extent necessary and the rest stays in effect.
  • No waiver. Not enforcing a term right away does not waive our right to enforce it later.
  • Assignment. You may not transfer these Terms. We may transfer them, including to a company formed to operate Donafly.
  • No partnership. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship. Donafly and the Donation Processor are independent; Donafly is not its agent, and it is not responsible for Donafly.
  • No third-party beneficiaries. These Terms do not give rights to anyone else.
  • Electronic notices. You agree we may send notices by email or on the site, and that they satisfy any "in writing" requirement. Legal notices to Donafly must be sent to hello@donafly.com.
  • Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of third-party providers.

Contact Donafly (questions about the site, your account or these Terms): hello@donafly.com

Contact the Donation Processor (anything about a payment, refund, receipt or where funds went): support.every.org

Terms of Service · Donafly