Terms & Conditions

This agreement outlines the policies, procedures, rules, and restrictions associated with opening, joining, and maintaining Givmo Charitable Fund donor-advised fund (“DAF”) accounts. This website and its subdomains, the information on the website, any Givmo mobile application, and the services and resources available or enabled via the website or the mobile app (collectively, “the Software”) are controlled by Givfi, Inc. and offered in partnership with Givmo Charitable Fund, a nonprofit corporation recognized as a tax-exempt public charity under internal revenue code sections 501(c)(3), 509(a)(1), and 170(b)(1)(A)(vi) of the Internal Revenue Code with EIN 99-2418877. The terms “us”, “we”, “our” refer to either Givfi, Inc. alone or with Givmo Charitable Fund. These Terms & Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Givfi, Inc. In engaging with Givfi, Inc. and Givmo donor-advised fund accounts, you agree to accept and be bound by this agreement. By completing the registration process, you represent that (1) you have read, understand, and agree to be bound by the agreement, (2) you are of legal to form a binding contract, and (3) you have the authority to enter into the agreement personally or on behalf of the legal entity identified during the account registration process, and to bind that legal entity to the agreement. Participation in Givmo is subject to these terms and conditions. Subject to IRS rules and guidelines governing DAF operations, Givmo reserves the right to modify or change this Agreement at any time for any reason. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.


In the event of modifications or changes, Givmo will update the Agreement on the Givmo website: https://www.givmo.com/terms. Users are responsible for periodically reviewing this Agreement to be informed of updates. We will alert you about any changes by updating the “Last updated” date of these Terms & Conditions, and you waive any right to receive specific notice of each such change. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.


The information provided on Givmo’s websites or mobile application (collectively referred to as the “Site”) is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

About Givmo Charitable Fund

Givmo Charitable Fund

Givmo Charitable Fund (“Givmo”) a nonprofit corporation recognized as a public tax-exempt charity by IRS under internal revenue code sections 501(c)(3), 509(a)(1), and 170(b)(1)(A)(vi) of the Internal Revenue Code with EIN 99-2418877. As per IRS requirements, all contributions are irrevocable and Givmo Charitable Fund retrains exclusive legal control over all assets held in a Givmo fund. Givmo does not provide legal or tax advice and we recommend all users consult a tax professional to assess their specific situation before claiming any income tax deduction.

Mission and Vision

The Givmo Charitable Fund is a charitable non-profit whose mission is to utilize technology with a deep understanding of giving psychology to modernize and democratize charitable giving, paving the way for the next generation of donors to create a more philanthropic society.

Donor-Advised Funds

Givmo Charitable Fund, a public charity, is a DAF-sponsoring organization that oversees and administers a tax-advantaged charitable giving vehicle known as a donor-advised fund (“DAF”).


In order to make Contribution and Distribution recommendations through the Givmo Software, you will need to open a DAF account with Givmo Charitable Fund. Upon becoming a Registered User, Givmo will establish your DAF Account. Your DAF is subject to the terms of this agreement. Givmo operates all DAFs in compliance with Internal Revenue Code (“IRC”) Sections 4966 and 4967 and their accompanying regulations and guidance. DAFs are component funds of Givmo Charitable Fund; they are not separate legal entities. All Contributions to a DAF are treated as gifts to Givmo Charitable Fund, and are generally tax-deductible (pending IRS approval), subject to individual limitations. 


Users may make a contribution to their fund at any time. Contributions to a fund are unconditional and irrevocable charitable donations to Givmo Charitable Fund, and as a result, members are generally eligible to take an immediate tax deduction for the calendar year when the contribution is made. All contributed non-cash assets are liquidated and the user is not responsible for capital gains taxes associated with such dispositions.


Users serve as an advisor over their fund with the ability to recommend how the fund is distributed. Please note, however, that Givmo retains the ultimate authority and control over the assets in the account. Once Givmo has built out its investment operations, users will be able to advise on how their contributions are invested. For the time being, all account balances and pending donations will be invested in a money market fund and any interest income will accrue to Givmo Charitable Fund. Users will be informed via email when they will be able to advise on how their contributions are invested. Please note again that Givmo will still retain the ultimate authority and control over the assets in the account. 


When a donor is ready to support a charitable organization, they may recommend a donation to any public charity as long as the donation does not violate the donation restrictions detailed below. Once approved, the donation amount is deducted from the fund and the donation is sent to the charity in the form of cash.

Your Givmo DAF Account

Opening your DAF account

New users can sign up for a Givmo account either through the mobile application available in the Apple AppStore™ and Google Play store, or on the website at www.givfi.io. Givmo users first create a Givmo account by providing authentication credentials sufficient to ensure the safety and security of their own account as well as the Givmo community. This information includes but is not limited to: a member’s name, phone number, and email address. The registration process asks the user to verify their phone number by submitting a six-digit code that is texted to the number provided. 

By becoming a Registered User and opening a Givmo account, you are certifying that you will provide Givmo with accurate and complete personal identifying information and will notify Givmo of any changes. Givmo has the right to verify any information that is provided.

Eligibility

Any individual 18 years or older, corporation, or trust may become a Givmo user, create a Givmo fund, or join an existing Givmo fund as long as they are a U.S. citizen or company. Givmo is not responsible for reviewing the authority of designees for any corporation or trust.

Account Access

Givmo users may access their accounts at any time on the Givmo mobile application by logging in with their selected username and password combination, or by using the social networking service (“SNS”) used to register (i.e. Google, Facebook, Apple, or Microsoft). Users are responsible for reviewing their accounts to ensure their accounts are secure. Givmo is not responsible for any losses resulting from account fraud, theft, or any other unauthorized activity.

Fund Identification

When a new user joins Givmo, they create or join an individual fund where the assets that they have contributed are held and invested until donation(s) are made to charity or the account is terminated. Each fund will automatically be named based on the user’s first and last name, or the business account name. It may be provided to charities that receive donations from the fund unless the member requests not to share information with charities. 

Employee Donation Matching Benefit Program

Employers may encourage their employees to open a Givmo account and possibly contribute to their fund, match contributions, or match donations. In the case that a member’s account is linked to an employer, Givmo has the right to verify the member’s employment status periodically and share certain information with the employer regarding the member’s engagement with their Givmo account. This may include number and frequency of contributions and/or donations, total amount donated in a time period, and/or the dollar amount of specific donations for the purpose of making a matching donation.

Account Minimums and Limits

Givmo has no account minimums and no grant minimums, however Members understand that all member grants to the same charity are pooled together and sent in one transaction to that charity at the end of each month, so long as the aggregate transaction equals or exceeds $200. Please reference the below section called Distributing Donations to Charities for further details.

Fees

There are no fees to open a Givmo account and there are no annual membership fees. Payment processing fees for are $0.25 plus 2.95% for each contribution made on the mobile or web app, none of which is paid to Givmo. Givmo Charitable has a service agreement in place with Givfi, Inc. to license its software and IP, and administer all functions of the DAF, the payment of which is equivalent to 1% of monthly grants processed, to be paid at month-end. Business accounts that utilize Givmo’s automated employer donation matching service will be subject to fees equivalent to 3% of monthly grants processed.

Minimum Annual Distributions & Inactivity

Givmo users are encouraged to make regular and continuous contributions and donations throughout the year. If no donation recommendations are made from a fund for a continuous 12-month period, Givmo considers the fund “inactive” and will make a donation of $25 on behalf of the fund to a charitable beneficiary or to Givmo’s general charitable fund, by the sole discretion of Givmo.


For all inactive funds, Givmo will make multiple attempts to contact an associated user with the contact information provided. If the fund remains “inactive” for an additional 12 months period, then the fund’s Legacy Plan will be enacted and the proceeds from liquidating the fund will be distributed accordingly and the fund will be closed. If no Legacy Plan is in place, a distribution will be made to a charitable beneficiary or Givmo’s general charitable fund by the sole discretion of Givmo, and the fund will be closed.


Users are solely responsible for making sure their contact information is up to date and that they can receive email messages from Givmo Support (support@givfi.com).

Recordkeeping

Givmo will provide confirmations of transactions through the Givmo mobile application and by email, pending each user’s specified preferences on the mobile application. While Givmo maintains these records for active users, users are advised to save these confirmations for their records. Givmo provides an annual summary of contributions as well as other financial information or reports required by law. Annual reports detailing each calendar year’s charitable giving will be emailed to the user at the end of each year. Prior and current year-to-date reports are able to be requested at any time directly from the mobile application.

Content Policy

Users have several opportunities to customize their account profile. The information inputted by users does not represent the views or wishes of Givmo Charitable Fund.

Givmo does not permit content that is unlawful, harassing, inaccurate, libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive, hateful, or is otherwise determined to be objectionable or inappropriate by us. Givmo reserves the right to remove or edit any content on its platform.

Error Policy

Users are responsible for notifying Givmo at support@givfi.com of any suspected errors in their account within 10 days of the error occurring. Please note that all contributions are irrevocable and may only be distributed to a 501(c)(3) public charity.

Terminating an Account

Users may request that their account be terminated at any time. They will be given an opportunity to submit their final donation recommendation, subject to the donation restrictions listed below. Once approved, the balance of the fund will be sent to the final charity and their account and fund will be closed.


In the unlikely event that a user breaks this agreement, Givmo reserves the right to terminate or lock their account. In the case of such an event, Givmo reserves the right to distribute the balance of an associated fund to Givmo’s general charitable fund.

Contributions

When a user adds cash to their fund they are making an unconditional and irrevocable contribution to Givmo Charitable Fund, a tax-exempt public charity as described in Sections 501(c)(3), 509(a)(1), and 170(b)(1)(A)(vi) of the Internal Revenue Code. Contributing users, depending on their individual tax situation, may be eligible to take an income tax deduction for the contribution for the year in which it was contributed. The contributed assets are no longer a part of the individual user’s personal estate and Givmo Charitable Fund retains exclusive legal control over all balances in a Givmo fund. While tax considerations are mentioned within this agreement and on givfi.com, Givmo does not provide legal or tax advice and we recommend all users consult a tax professional to assess their specific situation before claiming any income tax deduction.


By making a contribution, Givmo users certify that the assets they are contributing are completely and solely owned by the user and their spouse, in an account that allows for charitable distributions, and that there are sufficient funds to cover the contribution amount.


Once received and settled all incoming contributions are deposited in the user’s fund. 


All deposits are then invested in a conservative money-market fund. Contributions remain in the fund until a grant is made or the account is terminated (as described herein).


Givmo accepts the following contributions:

Apple Pay

Google Pay

Credit or Debit Card

Bank transfer


Every contribution to Givmo is facilitated by a US-based, US-regulated participant in their respective part of the financial system. Our partners ensure required reporting under KYC/AML, Travel Rule, PATRIOT Act, OFAC / SDN sanctions lists, and similar programs. 


Givmo reserves the right to reject a contribution to Givmo at any time for any reason and will return the contribution to the originating source.


All contributions to Givmo are unconditional and irrevocable. Once they have contributed, users will have advisory privileges and are able to recommend how a fund is distributed. Once Givmo has built out its investment operations, users’ advisory privileges will extend to recommendations over how their fund is invested. However, Givmo retains ultimate control. Givmo intends to develop Conservative, Moderate, and Growth investment options that featuring an appropriate mix of a money market fund, an ESG stock ETF, and an ESG bond ETF. Givmo will notify all members once these investment options are available. For the time being, all account balances and pending donations will be invested in a money market fund and any interest income will accrue to Givmo Charitable Fund.

Grant Recommendations

Users may submit a donation recommendation at any time after a fund has been created and its initial contribution received. While Givmo does its best to fulfill all recommendations that meet our guidelines, user recommendations are only advisory; Givmo retains ultimate control over Givmo funds and reserves the right to deny any donation recommendation for any reason. In the event this were to occur, Givmo generally notifies users of a denial within 30 days of the recommendation being submitted and will cancel the donation recommendation. Users may not impose restrictions or conditions on the assets in a fund. Donations that have already been approved and issued cannot be canceled by the user.

Recognition and Anonymity

When recommending a donation, a Givmo user may request to be identified to the recipient charity. Under IRS guidance, naming rights are an incidental benefit, so users are permitted to receive naming rights upon recommending a donation. Alternatively, a donation may be made anonymously and the users associated with the fund will not be identified to recipient charities. Givmo reserves the right to limit anonymity under certain circumstances.

Public and Private Notes

When recommending a donation, a Givmo user may include a note to be publicly displayed on the charity’s and user’s profile. This note is intended to be a generalized explanation of why the user supports the selected charity and should not convey any instructions for the particular donation recommendation.


Additionally, Givmo users may also include a private note with a donation recommendation that is shared with the recipient organization. This note may be used to convey the member’s recommendation on how the donation is to be used.

Givmo reviews all public and private notes to ensure that all donations adhere to the Donation Use Restrictions listed below as well as our Content Policy above.

The user’s selected acknowledgment and private note are transmitted with the payment to the charity.

Permissible Charitable Recipients

A donation may be recommended to any charity deemed eligible by Givmo. Givmo limits charitable recipients to Non-Profit Organizations that are verified nonprofit organizations within the United States with an unrevoked determination by the IRS that each is a public charity under IRC Section 501(c)(3) and 509(a)(1) or 509(a)(2), as listed on Publication 78 or as otherwise verified by Givmo. Distributions are not permitted for individuals, private foundations, supporting organizations, non-charities, or any other type of person or entity that would require expenditure responsibility under the IRC. Givmo derives its selection from organizations deemed to be in good standing in the IRS Exempt Organizations Business Master File. Givmo further filters this list for charities that have been identified by hate groups, for example by using the SPLC Hate Map (https://www.splcenter.org/hate-map). An organization appearing in the Givmo charity search tool does not guarantee that a donation to that organization will be approved as Givmo reaffirms its eligibility periodically. 


Givmo reserves the right to modify its list of permissible charitable recipients and eligibility criteria at any time for any reason.

Impermissible Recipients

Givmo does not permit members to recommend donations to:


  • Non-U.S. charitable organizations

  • Private foundations that are not classified as operating foundations

  • Section 509(a)(3) supporting organizations

  • natural persons

  • employer-sponsored disaster relief funds

  • Givmo prohibits users from recommending donations to known or suspected terrorists or organizations known to support terrorists. Accordingly, Givmo prohibits donations to organizations listed on the U.S. Treasury Department’s Office of Foreign Assets Control Specifically Designated Nationals and Blocked Persons List.


Givmo may also use other watchlists to revoke an organization’s eligibility.

Donation Use Restrictions

Donation recommendations may not be made for any non-charitable or improper purpose. Users may NOT recommend donations that:

  • Satisfy a pre-existing, legally-binding pledge or obligation for their private benefit

  • Provide more than an incidental benefit to the member, or any of the aforementioned’s family or 35% controlled entity (together, a “Disqualified Person”). Examples include, but are not limited to:

    • Payment for tuition

    • Tickets to a gala

    • Auction items

    • Certain annual membership benefits offered in exchange for a payment of more than $75

  • Cover any portion of a donation that would result in anything more than an incidental benefit accruing to a Disqualified Person, even if that portion is deemed tax-deductible by the charity (known as bifurcated gifts). For example, if a non-profit sells a ticket to a fundraising event for $200 and claims that $100 of the donation is tax deductible, neither portion of the donation can be paid for from the member’s Givmo account.

  • Will be used for lobbying purposes, political contributions, or to support political campaign activities

  • Benefit an individual selected by the user. Note that users may designate donations to educational, scholarship or missionary funds or awards, as long as the charity exercises full control and discretion in determining the recipient and that the individual selected is not a Disqualified Person or chosen by a Disqualified Person.


Users will be required to affirm that their donation recommendation adheres with this policy each time a donation recommendation is made and users accept all responsibility for ensuring donation recommendations conform to the Internal Revenue Code and Givmo policies.


All Distributions and all recommendations for Distributions must be for general support of a Non-Profit Organization; Distributions for specific purposes of any kind are not permitted. You hereby represent, and at the time of recommending a Distribution you shall confirm, that no recommended Distribution will provide you or any of your family members or businesses you own with more than incidental benefits, goods, or services. This includes grants to satisfy contractual obligations, or grants in exchange for non-deductible (or partially tax-deductible) memberships, event tickets, sponsorships, registration fees, and cause-related marketing activities. Receipt of such benefits as a result of your recommendation may put you at risk for being subject to excise taxes under IRC Sections 4958 and 4967.

Grant Recommendation Review

Givmo reviews all grant recommendations to ensure donations are made for qualified charitable purposes and to a permissible organization. Such review shall include (a) verification of the tax-exempt status of the proposed recipient and (b) confirmation that the funds will be used for charitable purposes and that there are no impermissible benefits.


Givmo’s compliance and grant review process is informed by a variety of sources: IRS databases, public records, news reports, and information provided by donors, charities, and others. Givmo may reserve the right to not approve grants if an organization may be engaged in illegal or non-charitable activity (such as terrorism, money laundering, crimes, or fraud). In particular, Givmo monitors and encourages donors to review Charity Navigator's Advisory System and SPLC’s Hate Map.

The IRS is responsible for determining which organizations are qualified charities in the US. When an organization loses its IRS-recognized public charity status, Givmo ceases grant-making to that organization immediately. In addition, other state and federal agencies may review the activities of a charitable organization, which may also inform Givmo grant approval decisions.


Recommendations are subject to Givmo’s “variance power.” This variance power gives Givmo the authority to modify any donor recommendation or condition on donations from a fund for any specified charitable purpose or to any specified charitable organization if, in the sole judgment of Givmo, such recommendation or condition becomes unnecessary, incapable of fulfillment or inconsistent with this DAF Agreement. Givmo retains the ultimate decision-making authority and reserves the right to deny a donation recommendation. Moreover, Givmo will reject a recommendation if it is aware that the donor advisor has an improper purpose in recommending the donation. Givmo will also take remedial action if it discovers it has made improper donations, including requiring that the donation be returned.

Distributing Donations to Charities

Givmo processes donations to charitable recipients on a monthly basis so long as aggregate donations made to a respective charity on Givmo’s platform equal or exceed $200. While there are no grant minimums per user, if there are fewer than $200 worth of grants requested for a charity at the end of any given month, then those grants will continue to roll over to future months until that $200 aggregate grant amount is reached. 


For each approved donation, the fund’s portfolio is liquidated to cover the amount of the donation and Givmo distributes the proceeds to selected charities by electronic transfer or check, although electronic transfer is preferred in order to minimize transaction costs and  maximize timeliness. 


It is possible that a distribution can be delayed, particularly if it is the first time Givmo makes a grant to a charity. First time charities may take longer to pass Givmo’s review process, particularly if they are smaller and newer. In addition, Givmo will attempt to attain a first-time charity’s electronic transfer information. Some charities make this information readily available on their websites, but others will need to be contacted directly. We will then need to verify that the account information received indeed belongs to the charity. If Givmo has approved a charity but is unable to attain electronic transfer information within 60 days, it will send a check to the address listed in the IRS Exempt Organizations Business Master File. 

If Givmo is unable to approve the charity within 60 days, members are notified that their donation is undeliverable to their recommended charity and may make an alternate donation recommendation. Charitable recipients are required to return a check if they are aware that the donation violates this agreement, including all Donation Restrictions listed above, in any way.

Your Choices

Account Information

You may update and correct certain account information at any time by logging into your account at our website or in our mobile application, emailing us at support@givfi.com, or writing to us at Givmo Charitable Fund, 322 Culver Blvd. Unit V415, Playa del Rey, CA 90293. If you wish to delete your account, please contact Givmo Support at support@givmocharitable.org, but note that we may retain certain information as required by law or for our legitimate business purposes.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Services.

Communications Preferences

You may opt out of receiving promotional emails from Givmo by following the instructions in those communications or by emailing us at support@givmocharitable.org. If you opt out, we may still send you non-promotional emails, such as those about your account or transactions.

Mobile Push Notifications

With your consent, we may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

LIMITATION OF LIABILITY

Disclaimer of Certain Damages

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL GIVMO PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT GIVMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY.  THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A GIVMO PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A GIVMO PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A GIVMO PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Cap on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, GIVMO PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO GIVMO BY YOU AND COLLECTED BY GIVMO FROM YOU AS TRANSACTION FEES DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (b) $100; OR (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.  THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A GIVMO PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A GIVMO PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A GIVMO PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

User Content

EXCEPT FOR GIVMO’S OBLIGATIONS TO PROTECT YOUR PERSONAL INFORMATION AS SET FORTH IN THE GIVMO PRIVACY POLICY, GIVMO ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

Exclusion of Damages

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Basis of the Bargain

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GIVMO AND YOU.

Third Party Services

Third-Party Service Providers

We use third-party service providers, which may include, among others, Charles Schwab, Bank of America, and Shift4 for payment services (e.g., transfer of funds in connection with Contributions and Distributions, and related authorization services) (“Payment Processors”).  By making Contributions using the Services, you agree to be bound by the applicable Payment Processors’ Privacy Policies and Terms of Service and hereby consent and authorize us and the applicable Payment Processors to share any information and payment instructions you provide with one or more other Payment Processor(s) to the minimum extent required to complete your transactions.

App Stores

You acknowledge and agree that the availability of the Mobile App and the Services is dependent on the third party from whom you received the Mobile App license, e.g., the Apple App Store or Google Play (each, an “App Store”).  You acknowledge that the Agreement is between you and Givmo and not with the App Store.  Givmo, not the App Store, is solely responsible for the Services, including the Mobile App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use the Mobile App, you must have access to a cellular or wireless network, and you agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Mobile App.  You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the Mobile App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.

Accessing and Downloading the Mobile App from the Apple App Store

The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

  1. You acknowledge and agree that (i) the Agreement is concluded between you and Givmo only, and not Apple, and (ii) Givmo, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

  2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

  3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Givmo and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Givmo.

  4. You and Givmo acknowledge that, as between Givmo and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  5. You and Givmo acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Givmo and Apple, Givmo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.

  6. You and Givmo acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

  7. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

Indemnification

You agree to indemnify and hold Givfi, Inc., its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors, including Givmo Charitable Fund (each, a “Givmo Party” and collectively, the “Givmo Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your content; (b) your use of any Service in violation of the Agreement; (c) your violation of any rights of another party, including any Registered Users; or (d) your violation of any applicable laws, rules or regulations. Givmo reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Givmo in asserting any available defenses. This provision does not require you to indemnify any of the Givmo Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.

Disclaimer of Warranties and Conditions

As is.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LOSS OF DATA, OR ACCURACY OF RESULTS. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR COMPATIBLE WITH ANY PARTICULAR DEVICE, THAT GIVMO’S SECURITY MEASURES WILL BE SUFFICIENT TO PREVENT THIRD PARTY ACCESS TO SUBMITTED DATA, OR THAT ANY FUNDS WILL BE DISTRIBUTED TO THE NON-PROFIT ORGANIZATION RECOMMENDED IN CONNECTION WITH THE MAKING OF A DISTRIBUTION.



  1. GIVMO MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

  2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SOFTWARE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

  3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.