Terms of Service (v0.2 DRAFT)

Draft Notice

This document is a first-pass structural draft (v0.2) prepared by Claude as scaffolding for the attorney who will finalize it. It supersedes the v0.1 placeholder. It is NOT effective and is NOT a binding contract. Markers: [CONFIRM], [TERM], [COUNSEL TO DRAFT].

1. Service Description

Xerish provides a faith-rooted micro-donation platform comprising: (a) a mobile application for Advisors (givers); (b) an organization-side dashboard for Recipients; and (c) a Donor-Advised Fund sponsorship structure through Xerish Storehouse. Feature availability depends on the account type (giver, organization, church, admin).

2. Two-Entity Structure Disclosure

By using the service, the user acknowledges that:

• Xerish SPC operates the application, processes payments, and provides software-as-a-service. SPC is a for-profit Washington Social Purpose Corporation (EIN 42-1881594).
• Xerish Storehouse is the legal recipient of all charitable contributions made through the wallet/top-up flow and issues tax acknowledgments and disburses Grants to Recipient organizations.
• The two entities have an arms-length operational and financial relationship documented in their respective governance documents and audited annually.

3. Acceptable Use

Users may not: (a) use the service to facilitate any unlawful activity; (b) attempt to circumvent the platform’s vetting, fee, or fraud-prevention controls; (c) impersonate another person or organization; (d) misrepresent the tax-deductibility of a Contribution; (e) use the service to evade Apple in-app-purchase rules (church subscriptions are web-only); or (f) other prohibited conduct [COUNSEL TO DRAFT].

4. Account Registration + Security

Users must provide accurate registration information and keep credentials confidential. Users are responsible for activity occurring under their accounts. Multi-factor authentication is encouraged and may be required for admin or organization-side accounts.

5. User-Generated Content

Organizations and churches may post content (posts, campaigns, prayer requests, events). The posting entity retains ownership and grants Xerish SPC a worldwide, royalty-free, [COUNSEL TO DRAFT] license to host, display, and distribute the content within the service. Users represent they have all necessary rights to the content posted.

6. Intellectual Property

The Xerish name, brand marks (including the Taw logo), and the platform software are owned by Xerish SPC or licensed to it. No license is granted except as expressly stated.

7. Privacy Reference

Use of the service is also governed by the Privacy Policy, which is incorporated by reference.

8. Disclaimers + Warranties

[COUNSEL TO DRAFT] — including "as-is/as-available" disclaimer, disclaimer of implied warranties to the extent permitted, disclaimers regarding third-party recipient activities, and any consumer-protection carve-outs required by Washington and federal law.

9. Limitation of Liability

[COUNSEL TO DRAFT] — including cap on damages (often capped at fees paid in the prior [CONFIRM] 12 months), exclusion of consequential damages, and carve-outs.

10. Indemnification

[COUNSEL TO DRAFT] — user indemnification of Xerish SPC and Xerish Storehouse for losses arising from breach, user-generated content, or misuse of the service.

11. Governing Law

Governed by the laws of the [CONFIRM] State of Washington and applicable U.S. federal law. Venue: [CONFIRM] King County, Washington.

12. Termination

Either party may terminate access in accordance with the applicable account agreement. Xerish SPC may suspend or terminate access for material breach, suspected fraud, or as required by law. Termination of these Terms does not affect Donor Advisory Agreement obligations regarding existing DAF Account balances.

13. Modifications

Xerish SPC may modify these Terms upon [CONFIRM] 30 days’ prior notice through the service or by email. Continued use after the effective date constitutes acceptance. Material changes require explicit re-acknowledgment.

14. Effective Date + Version

Document Key: terms_of_service. Version: v0.2 (first-pass draft for counsel review). Draft Date: 2026-05-27. Effective Date: [CONFIRM] — none; this draft is not yet effective.