Effective Date: 4/22/2024
Last Updated Date: 4/22/2024
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY DOWNLOADING THE APP OR ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APPLICATION OR USE THE SERVICES.
These Terms of Service (“Terms”) apply to users’ (“you” or “yours”) access to, and use of, the website, mobile applications (the “App”), and other products and services (collectively, the “Services”) provided by NetGiver, LLC, a Minnesota limited liability company (“NetGiver,” “we” or “us,” together with the you the user, the “parties,” or, individually, each a “party”). By accessing our Services, you agree to these Terms. If you do not agree to these Terms, do not access or use our Services.
ELIGIBILITY
You must be at least 13 years of age to access or use the Services. If you are under 18 years of age (or the age of legal majority in the jurisdiction where you reside), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority in the jurisdiction where you reside), you agree to be fully responsible for the acts or omissions of such user in connection with the Services. If you are accessing or using the Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity's behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms. The Services are intended for use solely in the United States by United States residents. NetGiver makes no claims that the Services are appropriate for use outside of the United States.
USER ACCOUNTS AND ACCOUNT SECURITY
You must register for an account. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must also maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
PRIVACY
By using the Services, you consent to NetGiver's collection, use, and disclosure of information about you and your device. Please refer to our Privacy Policy (https://netgiverapp.com/) for information about how we collect, use, and disclose information about you and your mobile device. YOU CONSENT TO AND UNDERSTAND THAT THE SERVICES, AND THE APP SPECIFICALLY, ARE DESIGNED TO AUTOMATICALLY COLLECT CERTAIN DATA VIA YOUR MOBILE PHONE WHENEVER YOUR PHONE IS TURNED ON AND THE APP IS INSTALLED, AND THAT THIS DATA, WHICH MAY INCLUDE PERSONAL INFORMATION, MAY BE SHARED WITH THIRD PARTIES AS OUTLINED IN OUR PRIVACY POLICY.
COMMUNICATIONS FROM NETGIVER
By using the Services, you consent to NetGiver communicating with you about the Services or in connection with the features, functions, and activities contained therein by SMS, text message, email, phone, push notification, or other electronic means. . Your carrier's normal messaging, data, and other rates and fees will apply to these communications.
KNOW YOUR CHARITY
It is your responsibility to confirm all important information about the charity you choose to give to on the NetGiver Platform. NetGiver periodically checks all charities to which donations may be made with the IRS database of 501(c)(3) organizations to confirm the charity is on that list and is in good standing as reported on that list. NetGiver is not responsible if the information on the IRS list is inaccurate or not up-to-date. NetGiver cannot assure that any donation made to a charity on the NetGiver Platform will be used for the purposes you intend.
The IRS does not require churches, as defined by the IRS, to apply for nonprofit status or to file an annual report or Form 990, and as such would not appear in the IRS database. For churches that have not taken these steps, NetGiver is unable to confirm their nonprofit status. Any church listed on the NetGiver platform, not identified by Charity Navigator as an active 501(c)(3,) has attested to their current good standing as a tax-exempt organization and has provided documentation as to their articles of formation. NetGiver cannot assure that these churches qualify for tax exempt status. Any organization that has not been provided by Charity Navigator will be clearly marked as such on their donation page
RIGHTS WE GRANT TO YOU
Subject to these Terms, NetGiver grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services on any device that you own or control. This license is for the sole purpose of letting you use and enjoy the Service’s benefits in a way that these Terms and our usage policies allow.
Any software that we provide for you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
You may not copy, modify, distribute, sell, or lease any part of our Services. Nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. You agree not to authorize or permit any third party to distribute or make the App available over a network where it could be used by multiple devices at the same time; nor will you remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Services.
RIGHTS YOU GRANT US
The Services may provide the opportunity for you to share content with NetGiver. You grant NetGiver and our affiliates a perpetual, irrevocable, nonexclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, use, publicly display, reproduce, modify, adapt, publish, distribute, and create derivative works from any content that you submit to NetGiver for business purposes.
You also grant NetGiver the right to use, for the purpose of completing a donation transaction you have authorized, but not to store the data you have entered with Plaid, specifically your bank account, routing number, and balance. NetGiver does not store this information and will not share it with any third parties, with the exception of data that is legally required to be retained to comply with NACHA requirements. De-Identified data will be retained as per NACHA requirements, and this data will only be used for that purpose. Additionally, at the time of donation, personal information will be passed on to the target nonprofit to allow for necessary recordkeeping operations.
USER CONDUCT
You agree that you will not violate any applicable law, contract, intellectual property, or other third-party right or commit a tort and that you are solely responsible for your conduct while accessing or using our Services. You also agree that you will not:
Submit any content that is (a) unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable, (b) that contains any viruses, corrupted data, or other harmful, disruptive or destructive files or content, or (c) or that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any third person;
Use or attempt to use another user's account without authorization from that user and NetGiver;
Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our services in any manner;
Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;
Develop any third-party applications that interact with the Services without our prior written consent, including any scripts designed to scrape or extract data from the Services; or
Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
SUSPENDING OR TERMINATING ACCOUNT ACCESS
NetGiver reserves the right to take any and all action as it deems necessary or reasonable to maintain the security and integrity of the app and your account, including without limitation, terminating your account, changing your password, or requesting information to authorize transactions on your account. This includes but is not limited to, if NetGiver believes the account, or any of its information, including but not limited to checking account, identity, or location, is false or intended to deceive or defraud, or the account is being used in a way it is not intended to be used. In the event of an action being taken, user will be notified of the action and given the opportunity to correct the issue.
ELECTRONIC FUNDS TRANSFER AUTHORIZATION
You authorize, and this section constitutes an authorization agreement for, Automated Clearing House pre-authorized payments. You hereby authorize NetGiver to originate debit and/or credit entries via the Automated Clearing House to the account indicated in the profile you created when you opened or updated your account on the NetGiver Platform. This authorization is intended to allow NetGiver to transfer donations from you as the donor to the registered charity you select and also to allow NetGiver to credit your account in the event of a Chargeback or Gross Error.
This authorization will remain in effect until you have provided, and NetGiver has received, written notification of termination. In addition, NetGiver, in its discretion, may terminate your ability to participate in the Electronic Funds Transfer system. Any termination will take effect only after all entries originated by NetGiver have been honored by the bank.
You and NetGiver hereby agree to be bound by the National Automated Clearing House Association (NACHA) rules relating to payment entries in the administration of these debit and credit entries. Debit and credit entries will be initiated only as authorized above. Any issues, objections, or discrepancies regarding the amounts debited or credited must be reported no later than 90 days from the debit or credit date in writing to NetGiver at 323 Washington Ave North, Minneapolis, MN 55401 or hello@netgiver.com.
CHARGEBACKS AND GROSS ERRORS
A Chargeback transaction occurs if you file a dispute with NetGiver or the Credit Union stating that you did not authorize or do not recognize the transaction made from your account (a “Chargeback”). The NetGiver Platform will work to resolve the Chargeback case. If the Chargeback case is resolved in your favor, NetGiver will endeavor to correct the Chargeback transaction and may require the registered charity to return the funds received.
A Gross Error transaction occurs if you make a transaction for an amount grossly different than the intended amount. For example, if you make a $1,000.00 donation instead of an intended $10.00 donation. NetGiver is not obligated to reimburse you for any loss through a Gross Error transaction. In the event of a Gross Error transaction, you should contact the registered charity in order to attempt to correct the error.
FRAUDULENT TRANSFERS
If NetGiver believes, for any reason, that an initiated donation may have been done so fraudulently or without the awareness or consent of the user associated with the account making the donation, NetGiver retains the right to prevent the transaction from completing or reversing the transaction after it has completed. In this circumstance, NetGiver will notify the user of the action taken. NetGiver does not represent that all fraudulent transactions will be recognized, prevented, or reversed, and the user retains responsibility for monitoring their own account.
DATA CHARGES
You understand and agree that you may incur data charges or similar fees in connection with your use of the Services. It is recommended that any device utilizing the App subscribe to an unlimited monthly data plan or use Wi-Fi.
THIRD-PARTY SERVICES & CONTENT
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. NetGiver is not responsible or liable for a third party's terms or actions taken under the third party's terms.
ADVERTISEMENTS AND PROMOTIONS
NetGiver may run advertisements and promotions from third parties on or in connection with the Services or may otherwise provide information about, or links to, third-party products or services on or in connection with the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party. NetGiver is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-NetGiver advertisers or third-party information on the Services. Third-party advertisements and links to third-party products and services are not endorsements by NetGiver. NetGiver assumes no responsibility for the quality or reliability of the products or services offered in any third-party advertisements or third-party product
OWNERSHIP
The App and Services contain valuable proprietary content of NetGiver and its licensors and are protected by copyright and other intellectual property laws and treaties. You agree not to use the App or the Services except in their intended manners and in accordance with these Terms.
EXPORT LIMITATIONS
You may not use or otherwise export or re-export the App or any content therein, except as authorized by United States law and the laws of the jurisdiction in which the App or content was obtained. In particular, but without limitation, the App and the content contained therein may not be exported or re-exported to (a) any U.S. embargoed countries or (b) anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List.
iOS APP TERMS
Acknowledgment: The parties acknowledge that these Terms are a binding agreement between the parties and not an agreement with Apple Inc. NetGiver, not Apple Inc., is solely responsible for the iOS App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules set forth in the App Store Terms of Service and that you will comply with any applicable third-party terms when using the App.
Support: Apple Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
No Warranty: APPLE INC. HAS NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE iOS APP OR ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE iOS APP.
Third-Party Claims: The parties acknowledge that as between Apple Inc. and NetGiver, NetGiver, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the App or the end user's possession or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) claims that the App infringes a third party's intellectual property rights.
Third-Party Beneficiary: The parties acknowledge and agree that Apple Inc., and Apple Inc.'s subsidiaries, are third-party beneficiaries of the Terms relating to the iOS App, and that, upon the end user's acceptance of these Terms, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce these Terms against the end-user as a third-party beneficiary thereof)
MAINTENANCE AND SUPPORT
NetGiver is not obligated to provide any support or maintenance services for the App or other Services. If you have any questions regarding the App, please contact NetGiver at hello@NetGiverApp.com.
LEGAL COMPLIANCE
By downloading, installing, and using the App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted partie
MODIFYING THE SERVICES AND TERMINATION
NetGiver reserves the right to change, suspend, remove, discontinue, or disable access to the Services at any time without notice. In no event will NetGiver be liable for the removal of or disabling of access to any portion or feature of the Services.
You can terminate these Terms at any time and for any reason by deleting your account and uninstalling the App.
NetGiver may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services or impose new or additional limits on your ability to use our Services.
Regardless of who terminates these Terms, the parties continue to be bound by Sections 6-7, 9-13, and 14-25 of the Terms.
INDEMNITY
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless NetGiver, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) App content; and (c) your breach of these Terms.
DISCLAIMERS
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE NETGIVER ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE NEITHER REPRESENT NOR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NETGIVER AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, EVEN IF NETGIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NETGIVER'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $10 UNITED STATES DOLLARS OR THE AMOUNT YOU PAID NETGIVER, IF ANY, IN THE LAST 12 MONTHS.
GOVERNING LAW; VENUE
These Terms and your access to and use of our Services will be governed by, and construed and enforced in accordance with, the laws of Minnesota without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that cannot be heard in small claims court will be resolved in the state or federal courts of Minnesota and the United States, respectively, sitting in Hennepin County, Minnesota.
CHANGES TO THESE TERMS
We may make changes to these Terms from time-to-time. Should we make changes, we would post the amended Terms to our Services and update the “Last Updated” date above. Users will receive a notification when a material change has been made to the Terms of Use, which may require users to accept the terms of the modified agreement to continue the use of the Services. Unless stated otherwise in the notice, the amended Terms will take effect immediately upon notice, and your continued access to and use of our Services will confirm your acceptance of the changes. If you do not accept the amended Terms, you will no longer be able to use the Services.
SEVERABILITY
If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
ADDITIONAL TERMS FOR SPECIFIC SERVICES
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
MISCELLANEOUS
These Terms (together with any additional terms applicable to specific Services you use) constitute the entire agreement between you and NetGiver relating to your access to and use of our Services. The failure of NetGiver to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
CONTACT US
Any questions, concerns, or claims with respect to the Services should be directed to:
NetGiver, LLC 323 Washington Ave North
Minneapolis, MN 55401
Email: hello@NetGiverApp.com
