Terms of Service

Terms & Conditions

Effective Date: June 26, 2026 — Version 2 (This Version 2 supersedes and replaces the prior Terms & Conditions dated September 2024 (Version 1). The "Effective Date" and "Version" shown above are the controlling identifiers of the terms in force; see "Changes to These Terms; Versioning and Re-Acceptance" below.)

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) with EIN 99-2418877. The terms "us", "we", "our" refer to either Givfi, Inc. alone or together 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 age 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, in the manner described in "Changes to These Terms; Versioning and Re-Acceptance" below. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The information provided on Givmo's websites or mobile application (collectively, 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 would subject us to any registration requirement within such jurisdiction. 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" or "GCF") is a nonprofit corporation recognized as a tax-exempt public charity by the IRS under Internal Revenue Code sections 501(c)(3), 509(a)(1), and 170(b)(1)(A)(vi) with EIN 99-2418877. As required by IRS rules, all contributions are unconditional and irrevocable, and Givmo Charitable Fund retains 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 use 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"). To make Contribution and Distribution recommendations through the Givmo Software, you will open a DAF account with Givmo Charitable Fund. Upon becoming a Registered User, Givmo will establish your DAF Account, which 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, a recognized tax-exempt public charity, and are generally deductible as charitable contributions in the year contributed, subject to the substantiation requirements and adjusted-gross-income percentage limitations applicable to your individual tax situation, and to the extent allowed by law.

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. Depending on your individual tax situation, you may be eligible to claim a charitable income-tax deduction for the year in which the contribution is made — that is, the year your payment irrevocably clears to Givmo Charitable Fund — subject to the substantiation requirements and adjusted-gross-income percentage limitations applicable to you, and to the extent allowed by law. To claim a deduction you must itemize; contributions to a donor-advised fund are not eligible for any non-itemizer (above-the-line) charitable deduction. Givmo does not provide tax advice; please consult your own tax advisor.

Users serve as advisors over their fund with the ability to recommend how the fund is distributed. Please note, however, that Givmo retains ultimate authority and control over the assets in the account; donor recommendations are advisory only and are not binding on Givmo. Once Givmo has built out its investment operations, users will be able to advise on how their contributions are invested, and will be informed by email when they may do so. For now, Givmo works to send each recommended grant to the recommended charity as soon as it is able, and does not hold funds for investment as a matter of course. Where a contribution or grant is held briefly before it is sent — for example, while Givmo obtains a recipient charity's payment information or completes processing — those funds may be held in a money-market fund, and any interest or earnings on funds held in your fund accrue to Givmo Charitable Fund. Givmo will still retain 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 eligible public charity, so 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 through the mobile application (Apple App Store or Google Play) or on the website. Users first create a Givmo account by providing authentication credentials sufficient to ensure the safety and security of their account and the Givmo community, including (without limitation) 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 texted to the number provided.

By becoming a Registered User and opening a Givmo account, you certify 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 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, so long as they are a U.S. citizen or U.S. 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 credentials or by using the social-networking service ("SNS") used to register (Google, Facebook, Apple, or Microsoft). Users are responsible for reviewing their accounts to ensure they are secure. Givmo is not responsible for any losses resulting from account fraud, theft, or other unauthorized activity, except to the extent such limitation is not permitted by law.

Fund Identification. When a new user joins Givmo, they create or join an individual fund that holds contributed assets until they are granted to charity or the account is terminated. Each fund is automatically named based on the user's first and last name, or the business account name, and 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 employees to open a Givmo account and contribute to their fund, match contributions, or match donations. If a member's account is linked to an employer, Givmo has the right to verify the member's employment status periodically and to share certain information with the employer regarding the member's engagement with their Givmo account — including the number and frequency of contributions and/or donations, total amount donated in a 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. Grants are processed and sent to recipient charities on the schedule described in "Distributing Donations to Charities" below. There is no minimum aggregate threshold that must be reached before grants are sent.

Fees. There are no fees to open a Givmo account and no annual membership fees. Payment-processing fees 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 Fund has a service agreement with Givfi, Inc. to license its software and IP and to administer the functions of the DAF; the consideration for that agreement is equivalent to up to 1% of monthly grants processed, paid at month-end. Business accounts that use Givmo's automated employer-donation-matching service are subject to a fee equivalent to 3% of monthly grants processed.

Fee Changes and Notice. Givmo may change its fees, or introduce new fees, from time to time. We will provide advance notice of any fee increase or new fee by updating these Terms (incrementing the version number and Effective Date as described below) and/or by other reasonable means (such as email or in-app notice). Any fee change takes effect only on or after its stated effective date and applies prospectively to contributions, grants, or services occurring on or after that date. Your continued use of the Services, or your completion of a transaction, after a fee change's effective date constitutes acceptance of the changed fees. Fee disclosures presented in the donation flow are made consistent with applicable charitable-platform fee-disclosure requirements.

Minimum Annual Distributions & Inactivity. 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, in Givmo's sole discretion. For all inactive funds, Givmo will make multiple attempts to contact the associated user using the contact information provided. If the fund remains inactive for an additional 12-month period, the fund's Legacy Plan will be enacted, 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 to Givmo's general charitable fund in Givmo's sole discretion, and the fund will be closed. Users are solely responsible for keeping their contact information current and ensuring they can receive messages from Givmo Support.

Gift-Card Balances. To the extent Givmo offers a Givmo Gift Card, the supplemental terms governing that product (the "Givmo Gift Card Terms," which Givmo makes available with the product and which are incorporated into and form part of these Terms when the product is offered) control the treatment of any balance funded by, or representing wallet value originating from the redemption of, a Givmo Gift Card. The minimum-annual-distribution and inactivity provisions of this section — including the $25 inactivity donation and the Legacy Plan, liquidation, and fund-closure steps described above and in "Legacy Planning" below — do not apply to any such balance. The Givmo Gift Card Terms control over this section, and over the following summary, to the extent of any conflict; as a summary of those terms, no dormancy, inactivity, expiration, or forced-distribution timer applies to a gift-card balance, and any redeployment of a long-dormant gift-card balance occurs only at Givmo Charitable Fund's discretion under its charitable variance power, never by an automatic timer-driven distribution, forfeiture, or "breakage."

Recordkeeping. Givmo provides confirmations of transactions through the mobile application and by email, subject to each user's preferences. While Givmo maintains these records for active users, users are advised to retain confirmations for their records. Givmo provides an annual summary of contributions and other financial information or reports required by law. Annual reports detailing each calendar year's charitable giving are emailed to the user at year-end, and prior and current year-to-date reports may be requested at any time from the mobile application.

Legacy Planning. After creating a fund, users may notify Givmo of a successor advisor or charitable beneficiary (a "Legacy Plan"). Givmo must be directly notified of any successor advisor or charitable beneficiary (testamentary instruments or instructions to an executor, personal representative, or agent will not be accepted). If a user dies, control over the fund will pass to the named successor, or a donation for the full account amount will be made to the user's charitable beneficiary in Givmo's sole discretion. If no Legacy Plan was submitted by a user with authority to do so, any remaining balance will be transferred to Givmo's general charitable fund. To the extent Givmo offers a Givmo Gift Card, this "Legacy Planning" section does not govern any balance funded by, or representing wallet value originating from the redemption of, a Givmo Gift Card; the treatment of those balances is governed exclusively by the Givmo Gift Card Terms (defined and described in "Minimum Annual Distributions & Inactivity" above).

Content Policy. Users may customize their account profile. Information input 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 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 Support 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. See "Refunds and Cancellations" below.

Terminating an Account. Users may request termination of their account at any time. They will be given an opportunity to submit a final donation recommendation, subject to the donation restrictions below. Once approved, the balance of the fund will be sent to the final charity and the account and fund will be closed. If a user breaks this agreement, Givmo reserves the right to terminate or lock the account and to distribute the balance of the associated fund to Givmo's general charitable fund.

Refunds and Cancellations

Please read this section carefully. Contributions to Givmo are irrevocable and are not refundable.

1. No refunds; irrevocability. Every contribution you make to your Givmo fund is an unconditional and irrevocable charitable gift to Givmo Charitable Fund. Once a contribution has irrevocably cleared to Givmo Charitable Fund, it cannot be returned, refunded, withdrawn, or reversed, and Givmo Charitable Fund holds exclusive legal control over the contributed assets. This is a requirement of the rules governing donor-advised funds and is the basis on which your contribution may be deductible. 2. Pre-acceptance rejection / return. Givmo reserves the right to reject any contribution at any time, for any reason, before it is accepted; a rejected contribution will be returned to the originating source. This pre-acceptance return right is the only circumstance in which contributed funds are sent back, and it is not a refund of a completed, accepted contribution. 3. Cancellation of pending recommendations. A donation recommendation that has not yet been approved and issued may be canceled. Donations that have already been approved and issued cannot be canceled by the user. 4. Errors. If you believe an error has occurred in your account, you must notify Givmo Support within 10 days of the error occurring (see "Error Policy"). This error-report window does not create any right to a refund of a completed, irrevocable contribution.

Contributions

When a user adds cash to their fund, they make an unconditional and irrevocable contribution to Givmo Charitable Fund, a tax-exempt public charity described in Sections 501(c)(3), 509(a)(1), and 170(b)(1)(A)(vi) of the Internal Revenue Code. Depending on your individual tax situation, you may be eligible to claim a charitable income-tax deduction for the year in which the contribution is made, subject to substantiation requirements and adjusted-gross-income percentage limitations, and to the extent allowed by law. The contributed assets are no longer part of your personal estate, and Givmo Charitable Fund retains exclusive legal control over all balances in a Givmo fund. While tax considerations are mentioned in this agreement and on our websites, Givmo does not provide legal or tax advice, and we recommend all users consult a tax professional before claiming any income-tax deduction.

By making a contribution, you certify that the assets you are contributing are completely and solely owned by you (and/or your spouse), are held in an account that allows charitable distributions, and that there are sufficient funds to cover the contribution amount.

Once received and settled, incoming contributions are credited to the user's fund. Givmo works to send each recommended grant to the recommended charity as soon as it is able, and does not hold funds for investment as a matter of course. Where funds are held briefly before a grant is sent — for example, while Givmo obtains a recipient charity's payment information — they may be held in a conservative money-market fund, with any interest or earnings accruing to Givmo Charitable Fund. Contributions remain in the fund until they are granted to charity or the account is terminated (as described herein).

Givmo currently accepts the following cash-equivalent contribution methods:

- Apple Pay - Google Pay - Credit or Debit Card - Bank transfer

The contribution methods Givmo currently accepts are cash-equivalent. If and when Givmo accepts non-cash assets (for example, marketable securities or other property): the user is solely responsible for substantiating the value of any non-cash gift; any value Givmo displays for a non-cash gift is an estimate provided as a courtesy and is not tax advice; non-cash gifts may require the user to file IRS Form 8283; and gifts that require a qualified appraisal are the user's responsibility. Until Givmo announces acceptance of non-cash assets, only the cash-equivalent methods above are accepted.

Every contribution to Givmo is facilitated by a U.S.-based, U.S.-regulated participant in its part of the financial system. Our partners ensure required reporting under KYC/AML, Travel Rule, PATRIOT Act, OFAC / SDN sanctions, and similar programs. Givmo reserves the right to reject a contribution at any time for any reason and to return the contribution to the originating source (see "Refunds and Cancellations").

All contributions to Givmo are unconditional and irrevocable. After contributing, users have advisory privileges and may recommend how a fund is distributed; once Givmo builds out its investment operations, advisory privileges will extend to recommendations on how the fund is invested. Givmo retains ultimate control. Givmo intends to develop Conservative, Moderate, and Growth investment options featuring an appropriate mix of a money-market fund, an ESG stock ETF, and an ESG bond ETF, and will notify members once these options are available. For now, Givmo works to send each recommended grant as soon as it is able and does not hold funds for investment as a matter of course; where funds are held briefly before a grant is sent, they may be held in a money-market fund, with any interest or earnings accruing 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 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. If a recommendation is denied, Givmo generally notifies the user within 30 days of the recommendation and will cancel the donation recommendation. Users may not impose restrictions or conditions on the assets in a fund. Users may, however, convey non-binding purpose recommendations or instructions for how they would like a recipient organization to use a gift, as described under Donation Use Restrictions; such recommendations are advisory only and do not restrict or condition 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 user may request to be identified to the recipient charity. Under IRS guidance, naming rights are an incidental benefit, so users may 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 user may include a public note (a generalized explanation of why the user supports the charity) and/or a private note or instructions shared with the recipient organization. A note or instruction may convey a purpose recommendation for how you would like the recipient organization to use the gift; any such recommendation is non-binding only — the recipient organization is not bound by it and may use the funds on an unrestricted basis, as described under Donation Use Restrictions. Givmo reviews all notes to ensure donations adhere to the Donation Use Restrictions and Content Policy. The user's selected acknowledgment, note, and instructions 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 verified U.S. nonprofit organizations with an unrevoked IRS determination that each is a public charity under IRC Section 501(c)(3) and 509(a)(1) or 509(a)(2), as listed on IRS Publication 78 or as otherwise verified by Givmo. Distributions are not permitted to individuals, private foundations, supporting organizations, non-charities, or any other entity that would require expenditure responsibility under the IRC. Givmo derives its selection from organizations in good standing in the IRS Exempt Organizations Business Master File and applies commercially reasonable screening to exclude organizations identified as hate groups, including organizations on the SPLC Hate Map that Givmo is able to identify. Appearance in the Givmo charity search tool does not guarantee that a donation will be approved, as Givmo reaffirms 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 operating foundations; Section 509(a)(3) supporting organizations; natural persons; employer-sponsored disaster-relief funds; or known or suspected terrorists or organizations known to support terrorists (including any organization on the U.S. Treasury OFAC Specially Designated Nationals and Blocked Persons List). Givmo may 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 family member or 35%-controlled entity (a "Disqualified Person") — examples include tuition, gala tickets, auction items, and certain annual membership benefits offered in exchange for a payment of more than $75; cover any portion of a donation that would result in more than an incidental benefit to a Disqualified Person, even if a portion is deemed tax-deductible by the charity (bifurcated gifts); will be used for lobbying, political contributions, or political campaign activities; or benefit an individual selected by the user. Users may designate donations to educational, scholarship, or missionary funds or awards only if the charity exercises full control and discretion in determining the recipient and the individual selected is not, and is not chosen by, a Disqualified Person. Users must affirm compliance with this policy each time a recommendation is made and accept responsibility for ensuring recommendations conform to the IRC and Givmo policies. Purpose Recommendations and Instructions. When you make or recommend a Distribution, you may recommend a purpose for the gift, or include instructions or a note describing how you would like the recipient Non-Profit Organization to use it. Any such purpose, instruction, or note is a non-binding recommendation only. Givmo Charitable Fund holds exclusive legal control over all contributed assets and retains its variance power and ultimate authority over every Distribution. Givmo Charitable Fund may, in its discretion, convey your recommended purpose or instructions to the recipient Non-Profit Organization, but the recipient Non-Profit Organization decides how the funds are used and may use them on an unrestricted basis, and Givmo Charitable Fund generally cannot compel the recipient Non-Profit Organization to apply the funds to any particular purpose. Every purpose, instruction, note, and recommendation remains subject to these Donation Use Restrictions, and Givmo Charitable Fund will not act on, and may decline or modify, any recommendation that would conflict with these restrictions — including any recommendation that would satisfy a legally binding pledge or other enforceable obligation, confer more than an incidental benefit on you or a related person, direct funds to a particular individual you select, or bifurcate a single payment between a charitable gift and a benefit received in return. Receipt of impermissible benefits may subject you 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 to a permissible organization, including (a) verification of the recipient's tax-exempt status and (b) confirmation that funds will be used for charitable purposes with no impermissible benefits. Givmo's review is informed by IRS databases, public records, news reports, and information provided by donors, charities, and others. When an organization loses its IRS-recognized public-charity status, Givmo ceases grant-making to it immediately. Recommendations are subject to Givmo's "variance power" — the authority to modify any donor recommendation or condition if, in Givmo's sole judgment, it becomes unnecessary, incapable of fulfillment, or inconsistent with this DAF Agreement. Givmo retains ultimate decision-making authority, will reject a recommendation made for an improper purpose, and will take remedial action (including requiring return of a donation) if it discovers it has made improper donations.

Distributing Donations to Charities. Givmo sends each recommended grant to the recipient charity promptly — on a rolling basis, as the donor's funds settle and the charity's payment information is confirmed — and in no event later than the applicable window described below; there is no minimum aggregate threshold that must be reached before grants are sent. For each approved donation, the fund's portfolio is liquidated to cover the donation amount, and Givmo distributes the proceeds to the selected charity by electronic transfer or check (electronic transfer is preferred to minimize cost and maximize timeliness).

- Consenting recipient charities. Where a recipient charity has provided its consent, Givmo sends the donated funds no later than 30 days after the end of the month in which the donations or recommended donations were made, unless the charity is not eligible to be sent the funds. - Non-consenting recipient charities. Where a recipient charity has not provided consent, Givmo sends the donated funds no later than 45 days after the end of the month in which the donations or recommended donations were made, unless the charity is not eligible to be sent the funds. - Charities that cannot be paid; alternate recommendation. If Givmo determines that a recommended recipient charity is not eligible to receive the funds, Givmo will notify the affected donors in writing (which may be sent electronically) no later than 30 days after the eligibility determination and ask them to recommend an alternate charitable organization. Donors have 30 days from the date of that notice to recommend an alternate. If an eligible alternate is timely recommended, Givmo sends the funds to it no later than 30 days from the last date donors could timely recommend an alternate. If no alternate is timely recommended, or a recommended alternate is determined not to be eligible, Givmo will select an alternate eligible charitable organization and send the funds to it within the same period.

Intellectual Property and License

Our IP. The Software, the Site, and all content, features, and functionality (including all software, text, displays, graphics, logos, designs, and the selection and arrangement thereof), and all intellectual-property rights therein, are and remain the exclusive property of Givfi, Inc., Givmo Charitable Fund, and their licensors. Nothing in these Terms transfers any ownership interest in our intellectual property to you. The Givmo and myGivmo names, logos, and related marks are trademarks of Givfi, Inc. and/or Givmo Charitable Fund; you may not use them without our prior written permission, and your use of the Services does not grant you any right to use them.

License to you. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Software and the Services for your personal, non-commercial use. You may not copy, modify, distribute, sell, lease, reverse-engineer, or create derivative works of the Software except to the extent applicable law prohibits this restriction. We may suspend or revoke this license at any time consistent with these Terms.

Your content; license-back. You retain ownership of content you submit (such as profile information, notes, and acknowledgments) ("User Content"). By submitting User Content, you grant Givfi, Inc. and Givmo Charitable Fund a worldwide, royalty-free, non-exclusive, sublicensable license to host, store, reproduce, display, and use that User Content as necessary to operate, provide, and improve the Services, to transmit notes and acknowledgments to recipient charities as you direct, and as otherwise permitted by these Terms and the Privacy Policy. You represent that you have the rights necessary to grant this license and that your User Content does not violate these Terms or any third-party right.

Dispute Resolution; Binding Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL, AND REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES.

1. Informal resolution (Notice of Dispute). Before commencing any arbitration, you and Givmo agree to first try to resolve any dispute informally. The party raising the dispute must send a written Notice of Dispute to the other (to Givmo, at the contact address below; to you, at the email on file) describing the dispute and the relief sought. You and Givmo will attempt in good faith to resolve the dispute for at least 60 days after the Notice of Dispute is received. An arbitration may be commenced only after this informal-resolution period ends. Any applicable limitations period and any arbitration-fee deadlines are tolled while the parties engage in this process. 2. Agreement to arbitrate. Except as expressly provided below, you and Givmo agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Claim") that is not resolved informally will be resolved exclusively by final and binding individual arbitration, rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. sections 1 et seq., evidences a transaction involving interstate commerce, and is intended to be broadly interpreted. 3. Administrator and rules. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by these Terms. If the AAA is unavailable, the parties will agree on, or a court will appoint, a substitute administrator. The arbitration will be conducted by a single arbitrator. Information about the AAA and how to file is available at the AAA's website. 4. Seat / location. The seat of the arbitration is Los Angeles County, California. For an individual consumer Claim, you may elect to have the arbitration conducted by telephone or video, based on written submissions, or in person in the county where you reside, consistent with the AAA Consumer Rules. 5. Class-action and class-arbitration waiver. YOU AND GIVMO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's Claims and may not preside over any form of a class, collective, or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim. 6. Severability of the class waiver (non-severability backstop). If the class-action and class-arbitration waiver in paragraph 5 is found to be unenforceable as to a particular Claim or request for relief, then that Claim or request for relief (and only that Claim or request) will be severed from the arbitration and may proceed in a court of competent jurisdiction as provided in "Governing Law; Venue; Forum Selection" below; the remainder of this Dispute Resolution section will continue to apply in arbitration. If any other portion of this section is found unenforceable, it will be severed and the remainder will continue in effect. 7. Small-claims exception. Either party may bring an individual Claim in a small-claims court of competent jurisdiction if the Claim qualifies, instead of proceeding in arbitration, so long as it remains an individual action. 8. Sexual-assault and sexual-harassment exception (EFAA). Notwithstanding anything to the contrary, and consistent with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (Pub. L. 117-90; 9 U.S.C. ch. 4), if a Claim is a "sexual assault dispute" or a "sexual harassment dispute" as defined by that Act, you may elect that the predispute arbitration agreement and the class/collective-action waiver in this section will not apply to that Claim, and you may bring that Claim in court. 9. 30-day right to opt out of arbitration. You may opt out of this Dispute Resolution section (other than the informal-resolution and governing-law provisions) by sending written notice of your decision to opt out within 30 days after you first accept these Terms (or first accept a version of these Terms that contains this arbitration provision). The notice must include your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration, and must be sent to the contact address below. If you opt out, neither you nor Givmo will be required to arbitrate, and disputes will be resolved under "Governing Law; Venue; Forum Selection." Opting out has no effect on any other part of these Terms. 10. Jury-trial waiver. Except where a Claim properly proceeds in court under this section, you and Givmo waive any right to a trial by jury.

Governing Law; Venue; Forum Selection

These Terms, and any Claim arising out of or relating to these Terms or the Services, are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs the interpretation and enforcement of the "Dispute Resolution" section above. For any Claim that is not subject to arbitration (including a Claim brought after a valid opt-out, a Claim severed under the class-waiver backstop, an action to compel or enforce arbitration, or a Claim within the EFAA exception that you elect to bring in court), you and Givmo agree to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California, and you consent to personal jurisdiction there. This governing-law and forum-selection provision does not deprive you of any protection of mandatory consumer-protection laws of the jurisdiction in which you reside that cannot be waived by contract.

Your Choices

Account Information. You may update and correct certain account information at any time by logging into your account, emailing Givmo Support, or writing to us at Givmo Charitable Fund, 322 Culver Blvd., Unit V415, Playa del Rey, CA 90293. To delete your account, please contact Givmo Support; we may retain certain information as required by law or for legitimate business purposes.

Cookies. Most browsers accept cookies by default. You can usually adjust your browser settings to remove or reject cookies; doing so may affect the availability and functionality of our Services.

Communications Preferences. You may opt out of promotional emails by following the instructions in those communications or by emailing Givmo Support. If you opt out, we may still send non-promotional emails about your account or transactions.

Mobile Push Notifications. With your consent, we may send push notifications to your mobile device. You can deactivate them at any time in your device settings.

Limitation of Liability

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE GIVMO PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, OR FOR ANY 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, 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 OR INTERACTIONS WITH OTHER USERS, ON ANY THEORY OF LIABILITY. THE FOREGOING SHALL NOT APPLY TO LIABILITY OF A GIVMO PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A GIVMO PARTY'S NEGLIGENCE; OR (ii) ANY INJURY CAUSED BY A GIVMO PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.

Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, THE 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 SHALL NOT APPLY TO LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A GIVMO PARTY'S NEGLIGENCE; OR (ii) ANY INJURY CAUSED BY A GIVMO PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION; NOR DOES IT LIMIT GIVMO'S SUBSTANTIVE OBLIGATIONS UNDER APPLICABLE CHARITABLE-SOLICITATION LAW.

User Content. EXCEPT FOR GIVMO'S OBLIGATIONS UNDER THE GIVMO PRIVACY POLICY, GIVMO ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY 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, 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 Charles Schwab, Bank of America, and Shift4 for payment services ("Payment Processors"). By making Contributions, you agree to be bound by the applicable Payment Processors' privacy policies and terms of service and consent to our and the Payment Processors' sharing of information and payment instructions to the minimum extent required to complete your transactions.

App Stores. You acknowledge that availability of the Mobile App and Services depends on the third party from whom you received the Mobile App license (e.g., the Apple App Store or Google Play). The Agreement is between you and Givmo, not the App Store. Givmo, not the App Store, is solely responsible for the Services and the Mobile App and for addressing any related claims. You must comply with all applicable App Store terms; the App Store and its subsidiaries are third-party beneficiaries of the Agreement with the right to enforce it.

Apple App Store Sourced Application. The following applies to any application accessed or downloaded from the Apple App Store: (i) the Agreement is between you and Givmo only, not Apple, and Givmo is solely responsible for the application and its content; (ii) Apple has no obligation to furnish maintenance or support; (iii) in the event of any failure to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any), and Apple will have no other warranty obligation; (iv) Apple is not responsible for addressing any claims relating to the application, including product-liability, regulatory-conformance, and consumer-protection claims; (v) Apple is not responsible for any third-party intellectual-property infringement claim relating to the application; (vi) Apple and its subsidiaries are third-party beneficiaries of the Agreement and may enforce it; and (vii) you must comply with all applicable third-party terms when using the application.

Indemnification

You agree to indemnify and hold harmless Givfi, Inc., its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors, including Givmo Charitable Fund (each, a "Givmo Party"), from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) your content; (b) your use of any Service in violation of the Agreement; (c) your violation of any rights of another party; or (d) your violation of any applicable laws, rules, or regulations. Givmo may, at its own cost, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate. This provision does not require you to indemnify any Givmo Party for that party's unconscionable commercial practice, fraud, deception, false promise, misrepresentation, or concealment in connection with the Services. This section survives 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 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 SECURITY MEASURES WILL BE SUFFICIENT TO PREVENT THIRD-PARTY ACCESS, OR THAT ANY FUNDS WILL BE DISTRIBUTED TO THE NON-PROFIT ORGANIZATION RECOMMENDED. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Changes to These Terms; Versioning and Re-Acceptance

Givmo may modify these Terms at any time, subject to IRS rules and guidelines governing DAF operations. These Terms are versioned. The "Version" number and "Effective Date" shown at the top of this document identify the terms currently in force. When we make a material change, we will (1) increment the Version number, (2) update the Effective Date, and (3) notify you by reasonable means (for example, by email and/or in-app notice) and may require you to re-accept the updated Terms before continuing to use the Services or completing your next transaction. For non-material changes, we may update the Version and Effective Date and notify you by posting the revised Terms. Your continued use of the Services, or your completion of a transaction, on or after the Effective Date of a revised version constitutes your acceptance of that version. We maintain a permanent, version-controlled record of each published version of these Terms and of the version that was in effect and presented to you at the time of each of your transactions, so that the specific terms applicable to any given transaction can be reliably identified.

Questions about these Terms may be directed to Givmo Charitable Fund, 322 Culver Blvd., Unit V415, Playa del Rey, CA 90293, or to Givmo Support.