Terms and Conditions

As used in these Terms and Conditions (the “Terms”):

1. “Organization,” “we,” “us,” and “our” mean The Silicon Project, a nonprofit organization recognized as tax-exempt under Section 501(c)(3) of the Internal Revenue Code (EIN 39-2727360), together with its directors, officers, employees, volunteers, and agents.
2. “Website” means thesiliconproject.org and any related domain, subdomain, web application, donor portal, or online service that we operate and that links to these Terms.
3. “Services” means the Website and every program, activity, and service we offer through it or in connection with it, including device donation intake, pickup and shipping coordination, device distribution, the online store, and volunteer programs.
4. “Donor” means any individual, business, school, government body, or other entity that offers, submits a donation request for, ships, delivers, or otherwise transfers Equipment to the Organization.
5. “Equipment” means any computer, laptop, tablet, smartphone, peripheral, accessory, component, storage medium, or other property that a Donor offers or transfers to the Organization.
6. “Device Data” means any information, file, software, account, credential, configuration, or other content stored on or accessible through Equipment, whether on internal storage, removable media, a SIM card, or a linked cloud account.
7. “Recipient” means any person who applies for, receives, or purchases a device or other item from the Organization.
8. “You” and “your” mean the person or entity using the Services.

1. By accessing or using the Services, creating an account, submitting a donation request, delivering Equipment, applying for or purchasing a device, or checking a box or clicking a button that refers to these Terms, you agree to be legally bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not use the Services.
2. If you use the Services on behalf of a business or other entity, you represent and warrant that you have authority to bind that entity to these Terms, and “you” refers to both you and that entity.
3. You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction, to donate Equipment or enter into a transaction with us. A person under eighteen (18) may use the Services only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on that person’s behalf.

1. You agree to provide accurate, current, and complete information when creating an account and to keep that information up to date. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us promptly at info@thesiliconproject.org of any unauthorized use.
2. We may require you to verify a mobile telephone number by entering a one-time code sent by SMS. By submitting a telephone number, you represent that you are the subscriber or customary user of that number and you consent to receive verification and service-related text messages from us or our messaging provider at that number. Message frequency varies. Message and data rates may apply. Consent to receive text messages is not a condition of any donation or purchase, but phone verification may be required to access certain Services.
3. We may suspend, restrict, or terminate any account, and may decline any request, at our sole discretion, including where we reasonably suspect fraud, misuse, or a violation of these Terms.

As a Donor, you represent and warrant to the Organization that:

1. you are the sole lawful owner of the Equipment, or are duly authorized by its lawful owner (such as your employer or institution) to donate it, and you have full right, power, and authority to transfer title to it;
2. the Equipment is free and clear of all liens, security interests, leases, financing agreements, rental or subscription obligations, and other claims or encumbrances;
3. the Equipment was not stolen, lost, or otherwise unlawfully obtained, and its transfer to us does not violate any law, regulation, contract, corporate policy, or court order;
4. the Equipment does not contain hazardous materials beyond those ordinarily present in consumer electronics, and you have disclosed any known swollen, leaking, punctured, or otherwise damaged batteries;
5. all information you provide to us concerning the Equipment, its condition, its quantity, and your identity and contact details is true, accurate, and complete; and
6. you have complied with Section 7 (Device Data; No Data Wiping) before transferring the Equipment.

1. We accept only the categories of Equipment and minimum specifications published on the Website at the time of donation, as updated from time to time. We currently do not accept monitors, televisions, household appliances, or Equipment that is non-functional or older than the minimum model year we publish.
2. Submitting a donation request does not obligate us to accept any Equipment. We may, at our sole and absolute discretion and without stating a reason, decline any donation in whole or in part, whether before, at, or after pickup or delivery.
3. We may refuse or dispose of any Equipment that we determine contains Device Data, is subject to an activation lock, device-management enrollment, or other restriction, is unsafe to handle or store, or does not meet our acceptance criteria.
4. Equipment that we decline after it has come into our possession may, at our discretion, be recycled through a responsible electronics recycler or otherwise lawfully disposed of. We are under no obligation to return declined Equipment unless we have agreed to do so in writing, and any return may be subject to fees under Section 9.

1. Title to, and risk of loss of, Equipment passes from you to the Organization upon our taking physical possession of it, whether by pickup, carrier delivery, or drop-off. Each donation is an unconditional, irrevocable gift, and you retain no right, title, or interest in donated Equipment.
2. You acknowledge that the Organization has full discretion over the use and disposition of donated Equipment in furtherance of its charitable purposes. Without limitation, we may refurbish, repair, upgrade, part out, distribute free of charge, sell at reduced cost through our store or otherwise, transfer to partner organizations, recycle, or dispose of donated Equipment. Any proceeds are applied to our charitable programs.
3. We do not guarantee that any particular item of Equipment will be distributed to a student or family, nor that it will be used in any particular location or manner.
4. We will not return donated Equipment, or any part of it, once title has passed to us.

The Organization does not provide data wiping, data erasure, data sanitization, data destruction, or data recovery services, and does not issue certificates of data destruction or sanitization.

1. Donor’s sole responsibility. Before transferring Equipment, you are solely responsible for (i) backing up any Device Data you wish to keep; (ii) permanently and securely erasing all Device Data from all internal and removable storage using a method appropriate to the sensitivity of that data; (iii) signing out of and unlinking all accounts, including Apple ID/iCloud, Find My, Google, Microsoft, and similar services, and disabling activation locks and factory-reset protection; (iv) removing the Equipment from any mobile device management or enterprise enrollment; and (v) removing all SIM cards, memory cards, external drives, and other removable media.
2. Regulated data. If any Equipment has been used to store or process information that is subject to legal, regulatory, or contractual protection (including protected health information, financial account information, education records, government or classified information, or personal information of customers or employees), you are solely responsible for satisfying every sanitization, documentation, and chain-of-custody requirement that applies to you before the transfer.
3. No reliance. Any statement on the Website or by our personnel about the refurbishment, inspection, recycling, or processing of Equipment, including any reference to a refurbishment or recycling partner, describes our general operations only. It is not a promise that Device Data will be found, erased, or destroyed, and you may not rely on it as such.
4. Handling. Equipment may be handled by our employees, volunteers, contractors, refurbishment and recycling partners, and ultimately by Recipients and purchasers. We do not knowingly access, review, copy, or use Device Data, and we will not use it for any purpose. However, we are under no obligation to inspect Equipment for Device Data, and we may, but are not required to, delete or destroy any Device Data we encounter.
5. Assumption of risk. You expressly assume all risk associated with Device Data that remains on Equipment after it leaves your possession. To the fullest extent permitted by law, you release the Organization from, and agree that it shall have no liability for, any loss, disclosure, access, use, recovery, or destruction of Device Data.

The Organization does not appraise, value, or assign a fair market value to donated Equipment, and does not provide tax, legal, or accounting advice.

1. No appraisals. We do not perform, procure, arrange, review, or pay for appraisals of any kind, including “qualified appraisals” within the meaning of the Internal Revenue Code and Treasury Regulations. Our personnel are not authorized to state or estimate the value of any Equipment, and any such statement, if made, is not binding on the Organization and may not be relied upon.
2. Written acknowledgment. Upon request made at the time of donation, we will provide a written acknowledgment that identifies the Donor, the date of receipt, a description (but not the value) of the Equipment received, and whether any goods or services were provided in exchange. We may decline to issue an acknowledgment for Equipment we refuse or for donations we cannot verify.
3. Donor responsibility. You are solely responsible for determining whether, and to what extent, any donation is deductible; for determining and substantiating the value of any Equipment; for obtaining any appraisal required by law; and for preparing and filing all required returns and forms, including IRS Form 8283 where applicable. If you request it, we may, in our discretion, complete the donee acknowledgment portion of Form 8283. Our signature acknowledges receipt only and does not indicate agreement with any value you claim.
4. Subsequent disposition. You acknowledge that we may sell, distribute, or otherwise dispose of donated Equipment at any time, and that we may be required to report certain dispositions to the Internal Revenue Service and to you. Our use or disposition of Equipment may affect the deduction available to you.
5. Fees are not contributions. Any amount you pay us under Section 9 is a payment for services and is not a charitable contribution.
6. No guarantee. We make no representation or warranty that any donation will qualify for a deduction or any other tax benefit. Consult your own tax advisor.

1. While many donations are accepted at no charge, fees may apply to certain services, including but not limited to: scheduled pickups, pickups outside our standard service area or schedule, shipping labels, packaging materials, handling of large or bulk donations, freight, return of declined Equipment, and recycling or disposal of items that do not meet our acceptance criteria.
2. Any applicable fee will be disclosed to you, through the Website, by email, or in writing, before the related service is performed. By confirming a pickup, accepting a shipping label, or otherwise requesting the service after a fee has been disclosed, you agree to pay that fee.
3. Fees are due at the time and by the method we specify. Payments are processed by third-party payment processors and are subject to their terms. Unless otherwise required by law or stated in writing by us, fees are non-refundable once the related service has been performed or scheduled resources have been committed. If a scheduled pickup cannot be completed because of the Donor’s cancellation without reasonable notice, absence, or inaccurate information, the fee may be retained.
4. We may establish, modify, waive, or discontinue fees at any time. Changes do not apply to a service for which you have already paid. Any waiver of a fee in one instance does not waive it in any other.

1. Pickup availability, service areas, and scheduling are offered at our discretion and may change without notice. A pickup is confirmed only when we confirm it in writing.
2. For a pickup, you are responsible for having the Equipment packaged or otherwise ready at the agreed time and place, for providing safe and lawful access, and for any building, loading-dock, parking, or elevator arrangements.
3. For shipped donations, you are responsible for packaging Equipment adequately and in compliance with carrier rules, including rules for lithium batteries. Equipment remains at your risk until we take physical possession. We are not responsible for loss or damage in transit, and carrier claims are subject to the carrier’s terms.
4. Our personnel and contractors are not responsible for damage to premises or other property incidental to a pickup, except to the extent caused by their gross negligence or willful misconduct.

1. By submitting a donation request, you agree that we may contact you by email, telephone, text message, or through the donor portal about your donation, including scheduling, status, fees, and acknowledgments.
2. We will not publicly identify you as a Donor by name or logo without your consent. Business Donors who consent to recognition grant us a non-exclusive, royalty-free license to display their name and logo for that purpose until the consent is withdrawn in writing.

You agree to defend, indemnify, and hold harmless the Organization from and against any and all claims, demands, losses, liabilities, damages, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) any breach of your representations, warranties, or obligations under this Part II; (b) any Device Data remaining on Equipment you donated; (c) any claim by a third party asserting an ownership or other interest in Equipment you donated; or (d) any tax position you take with respect to a donation.

1. Free and reduced-cost device programs are subject to the eligibility criteria published on our Eligibility page and to the availability of devices. We may request documentation to verify eligibility, and we may deny any application that is incomplete, unverifiable, or inconsistent with our criteria.
2. Unless we state otherwise, each eligible applicant may receive one (1) device per program. We may cancel duplicate applications or orders.
3. Submitting false or misleading information is a material breach of these Terms and may result in denial, cancellation, a requirement to return any device received, and permanent disqualification.

1. Devices provided free of charge or at a reduced cost through an assistance program are intended for the personal, educational, and household use of the eligible Recipient. They may not be resold, rented, or transferred for value.
2. We may conduct reasonable follow-up to confirm compliance with this Section. If we determine that a Recipient has violated it, we may require the return of the device or reimbursement of its cost to the Organization, disqualify the Recipient from future programs, and pursue any other remedy available at law.

1. Prices, availability, and product descriptions are subject to change without notice. We may limit quantities, refuse or cancel any order, and correct pricing or description errors, in which case any payment collected for a cancelled order will be refunded.
2. Payments are processed by our third-party payment processor; we do not store full payment card numbers. Applicable sales tax, shipping, and handling charges will be shown before you complete checkout.
3. Shipping, delivery, returns, and exchanges are governed by our Shipping Policy.

Devices are previously owned and refurbished. Cosmetic wear, battery capacity, and performance will vary. Except as expressly stated in our Shipping Policy or required by law, devices are provided “as is,” and the disclaimers in Section 20 apply.

You agree not to, and not to attempt to:

1. use the Services for any unlawful, fraudulent, or abusive purpose;
2. access the Services by automated means (including bots, scrapers, or scripts), or submit excessive requests, except as we expressly permit;
3. interfere with, probe, or circumvent any security, rate-limiting, authentication, or access control feature of the Services, or access data or accounts you are not authorized to access;
4. impersonate any person or misrepresent your affiliation with any person or entity; or
5. upload malicious code or content that infringes the rights of others.

We use automated security measures, including rate limiting and IP-based access controls. Access that triggers those measures may be restricted temporarily or permanently. If you believe your access was restricted in error, contact us at info@thesiliconproject.org.

The Services and all content on them, including text, graphics, logos, and software, are owned by or licensed to the Organization and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended purpose. You may not copy, modify, distribute, or create derivative works from the Services except as permitted by law. Any feedback you provide may be used by us without obligation to you.

The Services rely on and may link to third-party services, including payment processors, shipping carriers, messaging providers, and recycling and refurbishment partners. We do not control and are not responsible for third-party services, and your use of them is governed by their own terms and policies.

To the fullest extent permitted by law, the Services, all devices, and all other items provided by the Organization are provided “as is” and “as available,” with all faults, and without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any device will meet your requirements.

To the fullest extent permitted by law, in no event shall the Organization be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data (including Device Data), profits, revenue, goodwill, or tax benefits, arising out of or relating to these Terms or the Services, however caused and under any theory of liability, even if advised of the possibility of such damages.

The Organization’s total aggregate liability arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the total amount you paid to the Organization in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

You agree to defend, indemnify, and hold harmless the Organization from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Services, your violation of these Terms, or your violation of any law or the rights of any third party.

1. These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles.
2. Before filing any claim, you agree to first contact us at info@thesiliconproject.org and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
3. Subject to the preceding clause, the state and federal courts located in New York County, New York, have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and you consent to their personal jurisdiction and venue. Either party may bring an individual claim in small claims court where it qualifies.

We may amend these Terms at any time by posting the amended Terms on the Website and updating the “Last updated” date. Material changes will also be communicated by email or by notice on the Website where practicable. Amended Terms apply to donations, applications, and purchases made after the effective date; donations completed before that date remain governed by the Terms in effect when title passed. Your continued use of the Services after the effective date constitutes acceptance of the amended Terms.

1. Entire agreement. These Terms, the Privacy Policy, the Shipping Policy, and any written agreement we sign with you constitute the entire agreement between you and the Organization regarding their subject matter. In the event of a conflict, a written agreement signed by an authorized officer of the Organization controls.
2. Severability. If any provision of these Terms is held invalid or unenforceable, it shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.
3. No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
4. Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, reorganization, or transfer of our programs to a successor organization.
5. Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.
6. Survival. Sections concerning title, Device Data, appraisals and tax matters, fees owed, indemnification, disclaimers, limitation of liability, and governing law survive any termination of your use of the Services.
7. Notices. We may give notice to you at the email address associated with your account or donation request. You may give notice to us at info@thesiliconproject.org.

Questions about these Terms may be directed to The Silicon Project at info@thesiliconproject.org or through our contact page.