Terms of Service for GivingFund

Who are we?

GivingFund seeks to close the current disconnect between millennials and philanthropy. It utilizes a Donor Advised Fund (DAF) structure to enable individuals to donate and, upon the transfer of funds, immediately receive a receipt for tax deduction purposes. The GivingFund will enable Donors to see the impact of their donation as it grows through investment. Donors will also be able to give to a charity of their choice, rather than be forced to choose from a limited set of preselected options.

Introduction

These terms of service govern your use of GivingFund’s mobile application, GivingFund(the “App”) and website, www.givingfund.io (the “Website”); by using the App or Website, you accept these terms of service (the “Terms of Service”) in full and without reservation. If you disagree with the Terms of Service in all or in part, you must not use the App or Website.

Eligible users

You must be at least 18 (eighteen) years of age to use the App or Website. By using the App or Website and by agreeing to the Terms of Service, you warrant and represent that you are at least 18 years of age.

You are only eligible to use our App or Website if you are located within our service area, which is available in detail on the Website.

GivingFund provide a centralized vehicle which facilitates charitable giving by allowing donors to make contributions over which the organization gains legal control, but which the donors or the donors’ representative retain advisory privileges with respect to the distribution of funds and the investment of assets in the fund.

License to use App and Website

Unless otherwise stated, GivingFund and/or its licensors are the owner of any materials published or used on the App and Website from time to time (the “Materials”). Materials may include logos, graphics, videos, images, software and other contents.

The App and Website are owned and operated by GivingFund.

Subject to any restrictions stated in the Terms of Service, and your compliance with the Terms of Service, GivingFund hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the App and Website solely for your personal use.

You must not:

  • reproduce, duplicate, copy or otherwise exploit any Material for a commercial purpose;
  • republish any Material in neither print nor digital media or documents (including republication on another website or mobile app);
  • sell, rent or sub-license any Material;
  • show any Material in public;
  • edit or otherwise modify any Material;
  • redistribute any Material - except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of the App or Website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Mobile application

To use the App you must have a mobile device that is compatible with the mobile service. GivingFund does not warrant that the App will be compatible with your mobile device.

GivingFund hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third-party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that GivingFund may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the Terms of Service will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and GivingFund and its licensors retain all right, title, and interest in and to the App (and any copy of the App). Standardcarrier data charges may apply to your use of the App.

The following additional terms and conditions apply with respect to the App that GivingFund provides to you designed for use on an Apple iOS-powered mobile device (the “iOS App”):

  • You acknowledge that these Terms of Service are between you and GivingFund only, and not withApple, Inc. (“ Apple ”).
  • Your use of GivingFund’s iOS App must comply with Apple’s then-current App Store Terms of Service.
  • GivingFund, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
  • You agree that GivingFund, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by the Terms of Service and any law applicable to us as provider of the iOS App.
  • You agree that GivingFund, and not Apple, shall be responsible, to the extent required by the Terms of Service, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  • The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to the Terms of Service as they relate to your license of GivingFund’s iOS App. Upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

Geo-location

GivingFund may make available certain functionality and services provided by third-parties that allow GivingFund to include maps, geocoding, places and other content from Google, Inc. (“Google”) as part of the services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth ( http://www.google.com/intl/en_us/help/terms_maps.html ) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

Acceptable use

You must not use the App or Website in any way that causes, or may cause, damage to or impairment of the availability of accessibility of the App or Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the App or Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to the App or Website without [link’s] express written consent. This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • 'farming' (iframes)
  • article 'Spinning'

You must not use this Website or mobile App or any part of it to transmit or send unsolicited commercial communications.

You must not use this Website or mobile App for any purposes related to marketing without the express written consent of [link]

You must not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the any aspect of our website or equipment for any purpose.

You shall not sign up under a false name.

Restricted access

Access to certain areas of the App or Website is restricted. GivingFund reserves the right to restrict access to certain areas of the App or Website, or at its discretion, this entire App or Website. GivingFund may change or modify this policy without notice.

If GivingFund provides you with a user ID and password to enable you to access restricted areas of the App or Website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security and for all activities that occur using your password and user ID.

GivingFundmay disable your user ID and password at its sole discretion without notice or explanation.

Payment

[INSERT YOUR PAYMENT POLICY]

Conditions

By signing up for GivingFund and using the Services, you understand that there is no guarantee that a GivingFund will donate your donations in accordance with your wishes.

No Warranties

givingfund does not promise or guarantee that the information provided in the app or website is correct, current, or complete, and furthermore may contain technical inaccuracies or typographical errors. givingfund does not warrant that the functions contained in the app or website will be uninterrupted or error-free, that defects will be corrected, or that the app and website made available are free of viruses or other harmful components. you (and not givingfund ) assume the entire cost of all necessary maintenance, repair, or correction. givingfund assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information.

Limitations of Liability

You agree to indemnify, defend, and hold harmless GivingFund, its officers, directors, employees, managers, agents, representatives, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms of Service.

You expressly agree that use of app and website is at your sole risk. Services are provided on an “as is” and “as available” basis. Givingfundexpressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration. Givingfund makes no warranty that the app, website or services will meet your requirements, or that the app, website or services will be uninterrupted, timely, secure, or error free; nor does givingfund make any warranty as to the results that may be obtained from the use of the app or website, or that defects in the app or website will be corrected. You understand and agree that any material downloaded or otherwise obtained through the use of the app or website is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or information. No advice or information, whether oral or written, obtained by you from givingfund or through the app or website will create any warranty not expressly madeherein.

You understand that to the extent permitted under applicable law, in no event will givingfund or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of the app or website, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. If you are dissatisfied with any portion of the app or website, your sole and exclusive remedy is to discontinue use of the app or website. The aggregate liability of givingfund to you for all claims arising from or related to the app or website is limited to the amount of fees actually paid by you for use of theservices.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Reasonableness

By using the App or Website, you agree that the exclusions and limitations of liability set out in the Terms of Service are reasonable.

If you do not think they are reasonable, you must not use the App or Website.

Severability

If any provision of the Terms of Service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Breaches of the Terms of Service

Without prejudice to GivingFund's other rights under the Terms of Service, if you breach the Terms of Service in any way, GivingFund may take such action as GivingFund deems appropriate to deal with the breach, including suspending your access to the App or Website, prohibiting you from accessing the App or Website, blocking computers using your IP address from accessing the App or Website, contacting your internet service provider to request that they block your access to the App or Website and/or bringing court proceedings against you.

Changes to Terms of Service

GivingFund may revise the Terms of Service from time-to-time. Revised Terms of Service will apply to the use of the App and Website from the date of the publication of the revised Terms of Service on the App or Website. Please check this page regularly to ensure you are familiar with the current version.

Entire agreement

The Terms of Service, together with GivingFund's Privacy Policy constitute the entire agreement between you and GivingFund in relation to your use of the App and Website, and supersede all previous agreements in respect of your use of the App or Website.

Law and jurisdiction

The Terms of Service will be governed by and construed in accordance with the laws of CALIFORNIA, USA, and any disputes relating to the Terms of Service will be subject to the exclusive jurisdiction of the courts of CALIFORNIA, USA.

California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The App and Website are provided by GivingFund [INSERT ADRESS] . If you have a question or complaint regarding the App or Website, please contact [INSERT CONTACT INFORMATION]

Contact Us

If you have any questions about the Terms of Service or otherwise need to contact GivingFund for any reason,you can reach us at Support Team at link