ARTICLE 1. ACCEPTANCE OF THESE
TERMS
Welcome to GivingPals.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you,"
"your," or "User") and Giving Pals LLC, a Pennsylvania limited liability company
("GivingPals," "we," "our," or "us") governing your access to and use of the GivingPals
website, applications, digital greeting card services, charitable giving platform, and all related
products and services (collectively, the “Services”).
By accessing or using the Services, creating a gift, submitting payment, sending a digital
greeting card, recommending a charitable organization, or otherwise using GivingPals, you
acknowledge that you have read, understood, and agree to be bound by these Terms and our
Privacy Policy.
If you do not agree to these Terms, you may not access or use the Services.
Modifications to These Terms. GivingPals may revise these Terms from time to time. If we
make material changes, we will provide notice by posting the updated Terms on our website
with a revised "Last Updated" date, and, where required by law, through additional means such
as email. Changes take effect upon posting unless otherwise stated. Your continued use of the
Services after a revised version of these Terms is posted constitutes your acceptance of the
changes. If you do not agree to the revised Terms, you must stop using the Services. Changes
will not apply retroactively to a donation or transaction you completed before the change took
effect.
ARTICLE 2. ELIGIBILITY
To use GivingPals, you represent and warrant that:
● You are at least eighteen (18) years of age or the age of majority in your jurisdiction.
● You have the legal authority to enter into a binding agreement.
● Any information you provide is true, complete, and accurate.
● You will maintain the accuracy of your information.
● You will use the Services only for lawful purposes and in accordance with these Terms.
GivingPals reserves the right to suspend or terminate access to the Services if we reasonably
believe these representations are inaccurate or have been violated.
Recipients. A person who receives a digital greeting card or donation notification through the
Services ("Recipient") is not required to agree to these Terms and is not a "User" for purposes
of the eligibility requirements above solely by virtue of receiving a card. Recipients who wish to
use the Services to send their own gifts, or who create their own transaction, are subject to
these Terms in the same manner as any other User.
ARTICLE 3. DESCRIPTION OF THE
SERVICES & ROLE OF GIVINGPALS
GivingPals is a charitable gifting platform that enables users to celebrate meaningful occasions
by recommending charitable donations and sending personalized digital greeting cards.
Through the Services, users may:
- Search for eligible charitable organizations;
- Select a charitable organization to receive a recommended grant;
- Personalize a digital greeting card;
- Choose delivery by email or SMS;
- Generate optional AI-assisted greeting card messages;
- Deliver charitable gifts to recipients.
GivingPals does not operate as a charitable organization and does not itself receive
tax-deductible charitable contributions.
GivingPals provides technology that enables users to recommend charitable grants through
Make My Donation, Inc. and to create and deliver personalized digital greeting cards.
GivingPals may perform certain administrative and communication functions on behalf of MMD,
including facilitating transactions and issuing or delivering charitable donation receipts or
acknowledgments authorized by MMD.
GivingPals is not:
● a charitable organization;
● a donor-advised fund;
● a bank, money transmitter, payment processor, or other financial institution;
● a broker, investment adviser, fiduciary, or escrow provider;
● a tax, legal, financial, or accounting adviser; or
● an agent or representative of any charitable organization displayed through the Services.
GivingPals does not itself receive or maintain custody or legal control of charitable contributions.
Charitable contributions are received and controlled by Make My Donation, Inc., subject to its
policies and applicable law.
GivingPals does not solicit contributions as an agent of any particular charitable organization
and does not endorse, sponsor, control, or manage any charitable organization displayed
through the Services.
Information provided through the Services is for general informational purposes only and does
not constitute legal, tax, financial, charitable, or other professional advice. Users should consult
their own professional advisers regarding the tax treatment or other consequences of a
transaction.
ARTICLE 4. DONATIONS THROUGH MAKE
MY DONATION (MMD)
GivingPals facilitates charitable giving through Make My Donation, Inc. (“MMD”), a qualified
Section 501(c)(3) public charity operating a donor-advised fund (“DAF”).
When you submit a donation through GivingPals:
● Your charitable contribution is made to Make My Donation, Inc., not directly to the
charitable organization you select.
● You are making a recommendation that MMD issue a charitable grant to your selected
organization.
● In accordance with applicable law governing donor-advised funds, MMD retains
exclusive legal control and discretion over all donated funds and grant
recommendations.
If a recommended charitable organization is unable or ineligible to receive a grant for any
reason, including but not limited to changes in tax status, regulatory status, operational status,
or grant acceptance policies, MMD may distribute the funds to another qualified charitable
organization consistent with applicable law and its internal policies.
If the aggregate amount recommended to a particular charitable organization does not meet
MMD's minimum monthly disbursement threshold, MMD may hold the funds in reserve for a
limited period and, if the threshold is still not met, substitute an alternate qualified charitable
organization to receive the grant, consistent with MMD's policies.
GivingPals has no authority to direct or require MMD to issue grants to any specific charitable
organization.
Sharing of Donor Information. To process your contribution and grant recommendation, GivingPals shares information about you and your transaction with Make My Donation, Inc. This may include your name, email address, mobile phone number, billing address, donation amount, date, selected charitable organization, and transaction identifiers. GivingPals shares this information so that MMD can accept and process your contribution, issue grants, provide orauthorize donation receipts, maintain required records, and comply with its own policies,agreements, and legal obligations, including those governing donor-advised funds. GivingPals may also share this information as MMD requires under its agreements with GivingPals. MMD's handling of your information is governed by MMD's own terms and privacy policy. The charitable organization you recommend may receive information about you and your gift from MMD, from GivingPals, or from both. This may include your name, email address, mailing address, and donation amount. GivingPals does not share your mobile phone number or SMS consent with charitable organizations. Once a charitable organization receives your information, its use of that information is governed by thatorganization's own privacy practices, not by GivingPals. GivingPals does not control whether or how a charitable organization contacts you, including for fundraising purposes. By submitting a donation, you consent to this sharing as described here and in our Privacy Policy.
ARTICLE 5. CHARITY SEARCH
INFORMATION
GivingPals provides charity search functionality using information supplied by third-party
providers, including OrgHunter.
Charity listings, names, Employer Identification Numbers (EINs), classifications, and other
information are obtained from third-party sources.
GivingPals does not independently verify:
● tax-exempt status;
● IRS recognition;
● financial information;
● governance practices;
● operational practices;
● ratings;
● grant eligibility;
● regulatory compliance; or
● the accuracy, completeness, or timeliness of third-party charity information.
Users are solely responsible for evaluating whether a charitable organization aligns with their
philanthropic goals before making a donation.
GivingPals makes no representation or warranty regarding any charitable organization
displayed through the Services.
ARTICLE 6. FEES, DONATIONS, AND
TRANSACTION ALLOCATION
GivingPals is supported through marketing fees associated with qualifying charitable
transactions.
By submitting a donation through GivingPals, you acknowledge and agree that:
● GivingPals may retain a marketing fee in connection with qualifying transactions, in
accordance with its agreements with its donation processing partners. GivingPals may
modify the amount of this fee from time to time.
● Additional processing, platform, payment, grant distribution, or similar fees may be
deducted by Make My Donation, Inc., payment processors, or other service providers
involved in facilitating the transaction.
● As a result, the amount ultimately distributed as a charitable grant to the recommended
charitable organization may be less than the total amount authorized by you.
● The allocation of donations and fees is governed by the agreements between
GivingPals, Make My Donation, Inc., payment processors, and other service providers.
● Optional Platform Support (Tips): You may choose to add an optional voluntary tip or
platform support fee at checkout to support the operation of GivingPals. Optional tips are
paid directly to GivingPals LLC (a commercial platform provider), are separate from your
charitable grant recommendation, and are not tax-deductible. Tips are final and
non-refundable.
● Digital greeting cards, recipient notifications, and platform messaging services provided
by GivingPals are informational platform features provided without independent
commercial cash value and do not constitute goods or services exchanged for tax
purposes.
ARTICLE 7. PAYMENTS
Payments made through the Services are securely processed by third-party payment
processors designated by GivingPals, including Stripe and Make My Donation, Inc. (“MMD”).
By submitting payment, you authorize GivingPals, MMD, and their respective payment
processing partners to charge your selected payment method for the total amount authorized by
you.
GivingPals does not store complete payment card numbers or payment credentials. Payment
information is collected and processed by authorized third-party payment processors in
accordance with their applicable terms and privacy policies.
You represent and warrant that:
● You are authorized to use the payment method provided;
● The payment information submitted is accurate and complete;
● You authorize the transaction in the amount displayed at checkout; and
● You will not initiate fraudulent chargebacks or payment disputes for properly authorized
transactions.
GivingPals reserves the right to refuse, suspend, delay, or cancel any transaction if fraud,
unauthorized activity, legal compliance concerns, or technical issues are reasonably suspected.
ARTICLE 8. DONATION & PLATFORM
SUPPORT FINALITY AND REFUND
POLICY
All donations & platform support processed through GivingPals are final and non-refundable.
Because charitable contributions are processed through Make My Donation, Inc., a
donor-advised fund, and charitable grant recommendations may begin processing immediately
after authorization, GivingPals cannot cancel, reverse, or refund completed donations.
By completing a transaction, you expressly acknowledge and agree that:
● All donations are irrevocable once processed.
● Platform support is retained by GivingPals and is not distributed to Make My
Donation, Inc. or any charitable organization; it is final and non-refundable for the
same reasons set forth above.
● Donations cannot be cancelled after authorization.
● GivingPals is not obligated to provide refunds because of:
○ accidental selection of a charity;
○ change of mind;
○ incorrect donation amount selected by the user;
○ recipient dissatisfaction;
○ unsuccessful gift delivery caused by incorrect recipient information;
○ failure of a recipient to open or respond to a digital greeting card;
○ substitution of a charitable organization by MMD in accordance with applicable
law or donor-advised fund policies.
Nothing in these Terms limits any rights that cannot legally be waived under applicable law.
ARTICLE 9. TAX TREATMENT AND
DONATION ACKNOWLEDGMENTS
GivingPals does not provide tax, legal, accounting, or financial advice and does not
independently determine whether any contribution is tax-deductible.
Charitable contributions made through the Services are made to Make My Donation, Inc.
(“MMD”), a qualified Section 501(c)(3) public charity operating a donor-advised fund. Subject to
applicable law and MMD’s policies, GivingPals may issue or deliver a charitable donation receipt
or acknowledgment to the donor on behalf of MMD.
Any receipt issued through GivingPals on behalf of MMD will identify the charitable recipient of
the contribution for tax-receipt purposes and will reflect the information required or authorized by
MMD.
A digital greeting card, recipient notification, or general transaction confirmation is not itself a
charitable donation receipt unless it is expressly identified as such.
The deductibility and tax treatment of any contribution depend on applicable law and the donor’s
individual circumstances. Donors should retain their receipt and consult a qualified tax adviser
regarding any tax consequences.
GivingPals makes no representation regarding:
- whether a donor is entitled to claim a deduction;
- the value or amount of any allowable deduction;
- whether a contribution is deductible in a particular tax year;
- the donor’s reporting obligations; or
- the tax treatment of any fees associated with a transaction.
ARTICLE 10. TRANSACTION ERRORS
AND CORRECTIONS
GivingPals attempts to provide accurate transaction, charity, fee, and service information.
However, the Services may occasionally contain typographical, technical, display, calculation,
charity-directory, or other errors.
GivingPals may correct errors or inaccuracies at any time.
Before a transaction is completed, GivingPals may refuse, cancel, or require correction of a
transaction affected by an apparent error, system malfunction, duplicate submission,
unauthorized activity, or inaccurate information.
After a transaction has been processed, any correction, reversal, substitution, or other
adjustment involving charitable funds will remain subject to the authority and policies of Make
My Donation, Inc., the applicable payment processor, and applicable law.
GivingPals does not guarantee that every error can be corrected after a donation has been
processed.
ARTICLE 11. CHARGEBACKS, FRAUD,
AND UNAUTHORIZED TRANSACTIONS
You agree not to initiate a chargeback or payment dispute for a transaction that you knowingly
authorized merely because:
● you changed your mind;
● the recipient did not open or respond to the digital card;
● delivery was delayed or unsuccessful;
● you selected an incorrect charity, amount, recipient, email address, or mobile number;
● Make My Donation, Inc. exercised its discretion regarding a grant recommendation; or
● the amount ultimately granted was reduced by disclosed or authorized fees
Nothing in this Article prevents you from reporting a genuinely unauthorized transaction or
exercising rights that cannot legally be waived.
GivingPals may investigate suspected fraud, duplicate transactions, card testing, unauthorized
payment activity, abuse, or attempted circumvention of payment controls. GivingPals may
cooperate with payment processors, Make My Donation, Inc., financial institutions, regulators,
and law-enforcement authorities in connection with such investigations.
You may not use the Services:
● in violation of applicable economic sanctions, export-control laws, or
anti-money-laundering laws;
● for the benefit of a person, organization, government, country, or region subject to
applicable sanctions or restrictions;
● to disguise the source, destination, ownership, or purpose of funds;
● to engage in card testing, payment manipulation, self-dealing, fraud, or other attempts to
misuse the payment system; or
● to support unlawful activity, terrorism, trafficking, bribery, exploitation, or other prohibited
conduct.
ARTICLE 12. DIGITAL CARD DELIVERY
GivingPals provides digital greeting card delivery as a convenience to users.
Users are solely responsible for providing accurate recipient information, including email
addresses and mobile telephone numbers.
GivingPals will use commercially reasonable efforts to deliver digital greeting cards using the
contact information provided by the sender.
However, GivingPals does not guarantee successful delivery.
Delivery may be delayed, blocked, filtered, or prevented due to circumstances beyond
GivingPals’ control, including:
● incorrect recipient information;
● spam or junk mail filtering;
● carrier filtering;
● mobile carrier restrictions;
● recipient device settings;
● internet outages;
● third-party service interruptions;
● recipient mailbox limitations; or
● other technical issues
If delivery is unsuccessful, GivingPals may, at its discretion, make reasonable efforts to assist
the sender in correcting recipient information and attempting redelivery.
GivingPals is not responsible for any damages arising from unsuccessful, delayed, incomplete,
or failed delivery.
Recipients or any third party may report a greeting card or message that appears to violate
these Terms by contacting
support@givingpals.com with the relevant transaction or delivery
details. GivingPals may investigate and, at its discretion, remove or restrict access to the
reported content.
ARTICLE 13. SMS & Email Communication
Where SMS delivery is selected, GivingPals uses third-party messaging providers, including
Twilio, to transmit transactional text messages.
By providing a mobile telephone number, you represent that:
● you are the authorized subscriber or customary user of that mobile number; or
● you have obtained the recipient’s permission to receive the requested communication.
You expressly consent to receive transactional SMS messages related to the Services,
including:
● digital greeting card delivery;
● gift notifications;
● transaction confirmations;
● service updates;
● customer support communications.
Message Frequency
Message frequency varies based upon your activity and the services requested.
Message Charges
Standard message and data rates imposed by your wireless carrier may apply.
GivingPals does not charge separately for SMS messages unless expressly disclosed.
Opt-Out
Recipients may reply
STOP to discontinue future SMS messages where technically supported.
Recipients may reply
HELP for assistance or contact GivingPals at
support@givingpals.com.
Opting out of SMS messages may prevent successful delivery of future digital greeting cards or
service-related notifications.
Carrier Disclaimer
Wireless carriers are not liable for delayed or undelivered messages.
GivingPals makes no guarantee regarding message delivery times or carrier availability.
ConsentConsent to receive transactional SMS messages is provided solely for the purpose of facilitating
the Services requested by the user and is
not a condition of purchasing or using
GivingPals.
GivingPals does not sell, rent, or share SMS opt-in information or consent with third parties or
affiliates for marketing or promotional purposes.
GivingPals may send transactional emails necessary to operate the Services, including:
● purchase confirmations;
● donation confirmations;
● digital greeting card delivery notifications;
● customer support responses;
● service-related announcements.
Transactional communications are considered part of the Services and may not be opted out of
while a transaction remains active.
Optional marketing emails. You may separately choose to subscribe to GivingPals marketing emails, including gifting ideas, occasion reminders, product updates, and offers. Subscribing is optional and is not required to send or receive a gift. Accepting these Terms or completing a transaction does not automatically subscribe you. Gift recipients must make their own subscription choice. You can unsubscribe at any time through the link in our marketing emails. Unsubscribing does not stop necessary transaction-related emails, such as receipts and gift-delivery updates.
ARTICLE 14. SECURITY
GivingPals uses commercially reasonable administrative, technical, and physical safeguards designed to protect personal information.
These safeguards include encrypted connections (HTTPS), secure payment processing, access controls, security monitoring, and industry-standard security practices designed to protect against unauthorized access, disclosure, alteration, or destruction of personal information.
Although we work to protect your information, no method of electronic transmission or storage can be guaranteed to be completely secure. Accordingly, we cannot guarantee the absolute security of information transmitted to or stored by our Services.
ARTICLE 15. AI-GENERATED CONTENT
GivingPals may provide optional artificial intelligence (“AI”) tools to assist users in creating
greeting card messages.
These features are currently powered by third-party AI providers, including OpenAI.
AI-generated content is provided solely as a writing aid.
Users remain solely responsible for:
● reviewing AI-generated content;
● editing AI-generated content;
● ensuring content is accurate;
● ensuring content is appropriate for the intended recipient;
● ensuring content does not violate applicable law or third-party rights.
GivingPals makes no representation or warranty regarding the accuracy, completeness,
originality, or suitability of AI-generated content.
GivingPals does not use AI to make decisions that produce legal or similarly significant effects
concerning users.
As between you and GivingPals, you own the AI-assisted greeting card message you select and
personalize, subject to the User Content license you grant GivingPals.
GivingPals does not claim ownership of AI-generated text. Because AI-generated content may
not be unique and similar output may be generated for other users, GivingPals makes no
representation that any AI-generated message is exclusive to you.
ARTICLE 16. ACCESS TO THE SERVICES
GivingPals currently allows users to access and use the Services without creating a permanent
user account.
You are responsible for ensuring that any information you provide to GivingPals, including your
name, email address, mobile telephone number, recipient information, payment information, and
other transaction details, is accurate and complete.
You agree not to:
● impersonate another individual or organization;
● provide false or misleading information;
● use payment methods you are not authorized to use;
● interfere with the normal operation of the Services; or
● attempt to circumvent GivingPals’ security measures.
If GivingPals introduces optional or required user accounts in the future, additional account
terms may apply.
GivingPals reserves the right to refuse service, suspend access, delay transactions, or decline
to process transactions where fraud, abuse, security concerns, legal compliance issues, or
violations of these Terms are reasonably suspected.
ARTICLE 17. USER CONTENT
The Services allow users to create personalized greeting card messages and other content
(“User Content”).
You retain ownership of your User Content.
However, by submitting User Content through the Services, you grant GivingPals a limited,
worldwide, non-exclusive, royalty-free license to:
● host;
● store;
● reproduce;
● transmit;
● display; and
● process
your User Content solely as necessary to provide, operate, improve, secure, and support the
Services.
This license automatically terminates when the applicable content is deleted from our systems,
except to the extent retention is required for legal, operational, security, backup, or regulatory
purposes.
You represent and warrant that:
● you own or have permission to use all User Content;
● your User Content does not infringe any third-party intellectual property rights;
● your User Content does not violate any law;
● your User Content is not defamatory, abusive, threatening, fraudulent, obscene, or
otherwise unlawful.
GivingPals does not routinely review User Content before transmission but reserves the right to
remove, refuse, or restrict content that reasonably appears to violate these Terms or applicable
law.
ARTICLE 18. PROHIBITED USES
You agree not to use the Services to:
● violate any applicable law or regulation;
● impersonate another person or entity;
● submit false or misleading information;
● engage in fraud or deceptive practices;
● send spam or unsolicited communications;
● transmit viruses, malware, or harmful code;
● interfere with the operation or security of the Services;
● attempt unauthorized access to GivingPals systems or third-party systems;
● scrape, copy, harvest, or systematically collect data from the Services;
● reverse engineer, decompile, or attempt to discover the source code of the Services
except where expressly permitted by law;
● use automated bots or scripts to access the Services without authorization;
● infringe the intellectual property rights of GivingPals or others;
● upload or distribute content that is unlawful, defamatory, abusive, hateful, harassing,
threatening, sexually explicit, or otherwise objectionable;
● use the Services in any manner that could damage, disable, overburden, or impair
GivingPals or its service providers.
GivingPals may suspend or terminate access immediately if it reasonably believes these Terms
have been violated.
GivingPals may, but is not obligated to, screen User Content for violations of these Terms prior
to delivery, including through automated content moderation tools. GivingPals may delay, hold,
or decline to deliver any greeting card that reasonably appears to contain abusive, threatening,
harassing, or unlawful content.
ARTICLE 19. INTELLECTUAL PROPERTY
Except for User Content, all rights, title, and interest in and to the Services are owned by
GivingPals or its licensors.
This includes, without limitation:
● software;
● website design;
● source code;
● graphics;
● logos;
● trademarks;
● service marks;
● text;
● templates;
● greeting card designs;
● icons;
● branding;
● user interface elements;
● databases;
● compilations; and
● other proprietary materials.
Nothing contained in these Terms transfers ownership of any intellectual property to you.
Subject to these Terms, GivingPals grants you a limited, revocable, non-exclusive,
non-transferable license to access and use the Services solely for their intended personal or
internal business purposes.
No portion of the Services may be copied, reproduced, modified, distributed, sold, licensed,
published, or exploited without GivingPals’ prior written consent except as expressly permitted
by applicable law.
ARTICLE 20. COPYRIGHT POLICY
GivingPals respects the intellectual property rights of others and expects users to do the same.
If you believe material available through the Services infringes your copyright, you may submit a
written notice to GivingPals that includes:
● identification of the copyrighted work;
● identification of the allegedly infringing material;
● sufficient information to locate the material;
● your contact information;
● a statement that you have a good-faith belief the use is unauthorized;
● a statement made under penalty of perjury that the information is accurate and that you
are authorized to act on behalf of the copyright owner.
GivingPals may remove or disable access to allegedly infringing material while investigating a
claim.
Users who repeatedly infringe intellectual property rights may have their access suspended or
terminated.
ARTICLE 21. PRIVACY
Your privacy is important to GivingPals.
Our collection, use, storage, disclosure, and protection of personal information are governed by
the
GivingPals Privacy Policy, which is incorporated into these Terms by reference.
By using the Services, you acknowledge that you have reviewed the Privacy Policy and
understand how GivingPals collects and processes personal information.
If there is a conflict between these Terms and the Privacy Policy regarding privacy practices, the
Privacy Policy will govern solely with respect to the handling of personal information.
ARTICLE 22. FEEDBACK AND
SUGGESTIONS
GivingPals welcomes comments, suggestions, ideas, feature requests, and other feedback
regarding the Services (“Feedback”).
If you voluntarily provide Feedback to GivingPals, you agree that:
● GivingPals may use, evaluate, modify, implement, reproduce, distribute, display,
commercialize, or otherwise exploit the Feedback for any purpose;
● GivingPals has no obligation to keep Feedback confidential;
● GivingPals has no obligation to compensate you for Feedback; and
● GivingPals may develop products, services, or features similar to or based upon your
Feedback without restriction.
You retain ownership of any intellectual property embodied in your Feedback to the extent
required by law, but you grant GivingPals a perpetual, worldwide, irrevocable, royalty-free,
transferable, sublicensable license to use the Feedback for any lawful purpose.
ARTICLE 23. SERVICE CHANGES,
AVAILABILITY, AND BETA FEATURES
GivingPals may modify, add, restrict, suspend, replace, or discontinue any portion of the
Services at any time, with or without notice, subject to applicable law.
GivingPals does not guarantee that any particular feature, greeting card design, charity listing,
delivery method, integration, or service provider will remain available.
Certain features may be identified as beta, preview, experimental, or early-access features.
Such features may be incomplete, contain errors, change without notice, or be discontinued at
any time.
Beta and experimental features are provided on an “as is” and “as available” basis and should
not be relied upon for time-sensitive, critical, or legally significant purposes.
ARTICLE 24. UNITED STATES SERVICE
AND INTERNATIONAL ACCESS
GivingPals operates the Services from the United States and currently facilitates charitable
transactions through United States-based service providers and charitable organizations.
GivingPals does not represent that the Services are appropriate, lawful, or available in every
jurisdiction.
Users accessing the Services from outside the United States do so on their own initiative and
are responsible for compliance with applicable local laws.
GivingPals may restrict transactions, communications, payment methods, or access based on
geographic location, legal requirements, sanctions, service-provider limitations, or operational
considerations.
ARTICLE 25. DISCLAIMER OF
WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS”
BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIVINGPALS DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION:
● MERCHANTABILITY;
● FITNESS FOR A PARTICULAR PURPOSE;
● TITLE;
● NON-INFRINGEMENT;
● QUIET ENJOYMENT; AND
● WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, GIVINGPALS DOES NOT WARRANT THAT:
● the Services will always be available;
● the Services will operate without interruption;
● the Services will be error-free;
● messages will always be delivered;
● AI-generated content will be accurate;
● charity information will always be current;
● donations will always result in grants to a particular organization;
● third-party providers will remain available.
● cards or links will remain accessible for any particular period;
● cards, messages, or donation information will be delivered only to the intended Recipient;
● scheduled deliveries will occur at the selected date or time;
● Display Preferences will always be applied as selected;
● MMD or any charitable organization will handle donor information in any particular way.
Your use of the Services is entirely at your own risk.
ARTICLE 26. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIVINGPALS, ITS MEMBERS,
OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS,
SERVICE PROVIDERS, AND AGENTS SHALL NOT BE LIABLE FOR ANY:
● INDIRECT DAMAGES;
● INCIDENTAL DAMAGES;
● CONSEQUENTIAL DAMAGES;
● SPECIAL DAMAGES;
● EXEMPLARY DAMAGES;
● PUNITIVE DAMAGES;
● LOSS OF PROFITS;
● LOSS OF REVENUE;
● LOSS OF GOODWILL;
● LOSS OF DATA;
● BUSINESS INTERRUPTION;
● REPUTATIONAL HARM;
● OR OTHER INTANGIBLE LOSSES,
ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIVINGPALS’ TOTAL AGGREGATE
LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain liability limitations. In those jurisdictions, liability shall be
limited to the fullest extent permitted by applicable law.
ARTICLE 27. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless GivingPals, its members, officers,
employees, contractors, affiliates, licensors, payment partners, technology providers, and
service providers from and against any claims, liabilities, damages, judgments, losses, costs,
expenses, and reasonable attorneys’ fees arising from or related to:
● your use of the Services;
● your User Content;
● your violation of these Terms;
● your violation of applicable law;
● your infringement of any intellectual property or privacy rights;
● fraudulent or unauthorized transactions initiated by you; or
● your negligent or intentional misconduct.
GivingPals reserves the right to assume the exclusive defense of any matter subject to
indemnification, and you agree to cooperate with such defense.
ARTICLE 28. TERMINATION
GivingPals may suspend, restrict, or terminate your access to the Services at any time, with or
without notice, if GivingPals reasonably believes:
● these Terms have been violated;
● fraudulent activity has occurred;
● applicable law requires suspension;
● a third-party service provider requires suspension;
● continued access creates security, operational, or legal risk.
Termination does not affect obligations that by their nature survive termination, including
payment obligations, disclaimers, limitations of liability, indemnification, intellectual property
rights, and dispute resolution provisions.
ARTICLE 29. GOVERNING LAW
These Terms and any dispute arising out of or relating to the Services shall be governed by and
construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to
its conflict of laws principles.
The United Nations Convention on Contracts for the International Sale of Goods does not apply
to these Terms.
ARTICLE 30. DISPUTE RESOLUTION AND
BINDING ARBITRATION
Informal Resolution
Before initiating arbitration or filing any legal action, you agree to first contact GivingPals and
provide a written description of the dispute.
The parties agree to make a good-faith effort to resolve the dispute informally for at least thirty
(30) days after written notice is received.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR
RELATING TO THE SERVICES OR THESE TERMS MUST BE COMMENCED WITHIN ONE
(1) YEAR AFTER THE CLAIM ACCRUED. OTHERWISE, THE CLAIM IS PERMANENTLY
BARRED.
Notices regarding disputes may be sent to:
support@givingpals.com
Agreement to Arbitrate
Except for disputes expressly excluded below, you and GivingPals agree that any dispute,
claim, or controversy arising out of or relating to:
● these Terms;
● the Services;
● donations;
● digital greeting cards;
● payment transactions;
● communications;
● or your relationship with GivingPals,
shall be resolved exclusively through
final and binding arbitration, rather than in court.
The arbitration shall be administered by the
American Arbitration Association (AAA) under its
Consumer Arbitration Rules then in effect, unless the parties mutually agree otherwise.
Judgment upon the arbitration award may be entered in any court having jurisdiction.
Right to Opt Out
You may opt out of this arbitration agreement by sending written notice to
support@givingpals.com within thirty (30) days of the date you first accept these Terms (i.e.,
the date you first use the Services). Your notice must include your name, the email address or
mobile number associated with your transaction, and a clear statement that you wish to opt out
of arbitration. If you opt out, neither you nor GivingPals will be required to arbitrate disputes
under this Article, but all other provisions of these Terms, including the Individual Claims Only
provision, will continue to apply to the extent enforceable. Opting out of arbitration does not
affect any other terms of your agreement with GivingPals.
Any dispute not subject to arbitration under this Article, including disputes where a party has
validly opted out of arbitration, shall be brought exclusively in the state or federal courts located
in Pennsylvania, and you consent to the personal jurisdiction of such courts.
Individual Claims Only
To the fullest extent permitted by law, arbitration shall proceed solely on an individual basis.
Neither you nor GivingPals may:
● bring claims as a plaintiff or class member in any class action;
● participate in any class arbitration;
● act as a private attorney general;
● consolidate claims involving different individuals.
Exceptions
Nothing in this Article prevents either party from:
● bringing an individual claim in small claims court if eligible;
● seeking temporary injunctive relief to protect intellectual property, confidential
information, or other rights pending arbitration;
● pursuing any remedy that applicable law expressly prohibits from being arbitrated.
Severability
If a court determines that the class action waiver is unenforceable while the agreement to
arbitrate remains enforceable, then the class claims shall proceed in court only to the extent
required by law, while all remaining arbitrable claims shall continue in arbitration.
If the agreement to arbitrate itself is found unenforceable, this Article shall not apply, and
disputes shall instead be resolved in the state or federal courts located in Pennsylvania.
ARTICLE 31. FORCE MAJEURE
GivingPals shall not be liable for any delay, interruption, or failure to perform resulting from
events beyond its reasonable control, including but not limited to:
● acts of God;
● natural disasters;
● fire;
● flood;
● war;
● terrorism;
● civil unrest;
● labor disputes;
● governmental actions;
● utility failures;
● internet outages;
● cyberattacks;
● failures of payment processors;
● failures of telecommunications providers;
● failures of email or SMS providers;
● failures of cloud hosting providers; or
● failures of other third-party service providers.
Performance shall be suspended only for the duration of the applicable event.
ARTICLE 32. MISCELLANEOUS
Entire Agreement
These Terms, together with the Privacy Policy and any additional policies expressly
incorporated by reference, constitute the entire agreement between you and GivingPals
regarding the Services.
No Waiver
Failure by GivingPals to enforce any provision of these Terms shall not constitute a waiver of
that provision or any other provision.
Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect.
Assignment
GivingPals may assign or transfer these Terms, in whole or in part, without restriction in
connection with a merger, acquisition, sale of assets, financing, corporate reorganization, or by
operation of law.
You may not assign your rights or obligations under these Terms without GivingPals’ prior
written consent.
Electronic Communications
You agree that electronic communications, notices, disclosures, agreements, and records
satisfy any legal requirement that such communications be in writing.
Headings
Headings are provided solely for convenience and shall not affect interpretation of these Terms.
Survival
The following provisions survive termination of these Terms:
● Fees and Payments
● Donation Finality
● Intellectual Property
● Feedback License
● Privacy
● Disclaimer of Warranties
● Limitation of Liability
● Indemnification
● Governing Law
● Dispute Resolution
● Miscellaneous
● Any provision that by its nature should survive termination
Third-Party Terms. Certain features or components of the Services are facilitated by
third-party service providers (including payment processors, donor-advised funds,
messaging gateways, and directory providers). Your use of those features may be
subject to the separate terms of service, end-user agreements, or privacy policies of
those third parties. You agree to comply with all applicable third-party terms when
accessing or using such features through GivingPals.
Card Generation and Transaction Completion. When you complete a transaction through the Services, your digital greeting card is generated and made available to you (the sender) immediately upon completion of payment, regardless of whether you have selected immediate delivery or a scheduled future delivery date for the Recipient. The transaction is deemed complete at the time of generation and payment authorization, not at the time of scheduled or actual delivery to the Recipient. All provisions of Article 8 (Donation & Platform Support Finality and Refund Policy) apply as of the moment of transaction completion, irrespective of scheduled delivery timing.
Scheduled Delivery. Where you select a future date or time for delivery of a digital greeting card to a Recipient ("Scheduled Delivery"), GivingPals will use commercially reasonable efforts to deliver the card at or near the scheduled time. However, GivingPals does not guarantee that Scheduled Delivery will occur at the exact date or time selected, and delivery may be delayed, expedited, or fail to occur due to technical issues, third-party service provider limitations (including those described in Article 12),or other circumstances beyond GivingPals' reasonable control. GivingPals is not liable for any damages arising from a failure of Scheduled Delivery to occur at the selected time, including but not limited to a card being delivered early, late, or not at all. If Scheduled Delivery fails, this does not affect the finality of the underlying transaction as set forth in Article 8, and does not entitle you to a refund, cancellation, or rescheduling as of right, though GivingPals may attempt to assist at its discretion.
Donation Amount Display Preferences. The Services may allow you to choose whether a donation amount is displayed to or hidden from a Recipient ("DisplayPreference"). You are solely responsible for selecting your intended Display Preference before sending or scheduling a card. GivingPals will use commercially reasonable efforts to apply your selected Display Preference but does not guarantee that it will render correctly in all cases, and GivingPals is not liable for any damages arising from a failure of a Display Preference to be correctly applied, including where a donation amount is shown to a Recipient contrary to your selection, or withheld contrary to your selection.
Shareable Links. In addition to email and SMS delivery, GivingPals may allow you to generate a shareable link to a digital greeting card, which you may distribute to a Recipient through a method of your choosing. You are solely responsible for determining how and with whom a shareable link is shared, and for any consequences of sharing a link with an unintended recipient or through an insecure channel. GivingPals is not responsible for monitoring who accesses a card through a shareable link, and a shareable link may allow the card, including any visible donation amount, to be viewed by any person to whom it is shared or forwarded, whether or not intended by the sender.
Misdirected Delivery and Content Errors. GivingPals uses commercially reasonable efforts to deliver each digital greeting card, personalized message, and donation detail only to the intended Recipient. However, technical errors, system malfunctions, orfailures of third-party service providers may occasionally cause a card, message,donation amount, sender name, or Recipient information to be delivered to, displayed to, or accessed by an unintended person. Such errors may also cause a Recipient to receive or view content different from what the sender created. To the maximum extent permitted by law, GivingPals is not liable for damages arising from any such error,including embarrassment, disclosure of a donation amount or message, or harm to a personal relationship. Such errors do not affect the finality of the underlying transactionunder Article 8. GivingPals will handle any related privacy concerns as described in the Privacy Policy.
Sole and Exclusive Remedy. If a digital greeting card is not delivered, is delivered at the wrong time, or is delivered to an unintended person, or if a Display Preference is not applied as selected, your sole and exclusive remedy is for GivingPals, at its discretion and where reasonably practicable, to disable the affected delivery or shareable link and attempt to redeliver a correct card to the intended Recipient. GivingPals has no obligation to refund, cancel, or reverse the underlying transaction. Nothing in this paragraph limits any right that cannot be waived under applicable law.
ARTICLE 33. CONTACT INFORMATION
If you have questions regarding these Terms or the Services, you may contact GivingPals at:
Giving Pals LLC
Email: support@givingpals.com
GivingPals will make reasonable efforts to respond to inquiries in a timely manner.
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