Terms
These Terms govern the use of the OpenCharities platform. The section below — §4 Donation mechanics — sets out the legal qualification of every gift made through the platform. It is the load-bearing layer under our Wft/PSD2/MiCAR position and our ANBI application.
Donation mechanics
Section 4
§4.1Legal qualification of the donation.
Every donation made through OpenCharities is a gift to Stichting OpenCharities (hereinafter: "the Foundation"). At the moment of receipt the Foundation becomes the legal owner of the donated amount. When a donor expresses an allocation wish on an initiative page (e.g. "for initiative X"), this qualifies legally as a gift with an allocation wish — not as a payment to the initiative, and not as a trust or third-party-funds arrangement.
§4.3Threshold not met or initiative not proceeding.
If an initiative's funding threshold is not reached, the initiative does not proceed, or it cannot be executed as intended, the Foundation allocates the received amount within its general objective — preferably to a comparable initiative on the platform. Donations are not refunded. The Foundation makes the actual destination of any reallocated amount visible on the platform.
§4.4No payment-service provision.
OpenCharities is not a payment service provider under PSD2/Wft, not a crypto-asset service provider under MiCAR Title V, and not an obliged institution under the Wwft. The Foundation does not custody third-party funds. Payment services (fiat inflow) and crypto-asset services (custody, transfer of EURe) are delivered by licensed partners (a PSD2-authorised PSP, Monerium EMI ehf licensed by the Central Bank of Iceland, and Monflo as a CASP under MiCAR with AFM/DNB supervision). The Foundation acts solely on its own account with its own assets, in service of its statutory objective.
§4.5Donor rights.
The donor is entitled to (i) clear information about the legal status of the donation before the moment of payment, (ii) transparency about the actual destination of the amount, including in cases of reallocation, and (iii) access to public reporting on the Foundation's financial flows.
§4.6ANBI status.
The application for ANBI status (general-benefit-pursuing institution) has been filed and is under review. Until status is granted, donations are not deductible for personal income tax (giftaftrek). Upon grant, the status applies retroactively to the filing date in line with standard Dutch tax authority practice. The Foundation communicates the outcome on the trust page.
Last updated: May 2026. DRAFT — subject to change pending notary and fiscalist review. Governed by Dutch law.