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GIVFAST TERMS OF USE

Last Updated 10/16/2020

This is our contract with all users our commitment as a service provider and your obligations as a user of our services.

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This user agreement is a contract between you and GivFast, Inc., a Delaware corporation that governs the use of your GivFast account and our products and services.

Contemplated use by you as an end user of GivFast’s products and services under this user agreement includes:

Use by Individuals:  Use of a GivFast application, giving tool, our websites, including GivFast.com and any other websites we own or operate (which we refer to cumulatively as our “Website”) or other products or services by an individual (which we refer to collectively as “Individuals”). For example, Individuals may use GivFast to make digital donations and other payments (which we refer to collectively as “payments”) to churches, faith-based organizations, not for profit organizations, educational institutions and other organizations we serve, or to engage with other individuals, organizations or their community.

Use by Organizations: Use of GivFast by churches, faith-based organizations, educational institutions, not for profit organizations, and for profit businesses who utilize our applications, software, products or payment processing or other services (which we refer to collectively as “Organizations”). For example, Organizations may use GivFast products and services to accept donations and other payments from Individuals or to engage with them. We offer a variety of products and services to Organizations, including end user applications, payment processing services and/or mobile and web solutions owned, controlled, hosted, or facilitated by us. We also provide Organizations with administrative tools, interfaces, functionality, enablement, training and support services.

Use by Developers: Use of GivFast by developers, connectors and the like (“which we refer to as “Developers”), for example, to integrate third party solutions with GivFast.

We refer to all products and services we offer from time to time, including the above, as “Services.”

The terms include an Agreement to Mediate/Arbitrate to resolve disputes by arbitration on an individual basis. It provides that any dispute may be resolved by mediation and then binding arbitration instead of a trial in court or a class action. Unless you opt out in accordance with the terms of the agreement to mediate/arbitrate, the provision will eliminate your right to go to court (except for a small claims court having jurisdiction), the right to bring class or collective actions, and the right to have a jury decide a dispute.

You also agree to comply with the following additional policies and each of the other agreements that apply to you:

  • Privacy Policy
  • For Organization Only: In addition to the above, Organizations are subject to the Additional Agreements for Organizations.
  • For Developers Only: In addition to the above, Developers are subject to the Developer Terms, and any and all policies, guidelines and terms and conditions available at our Developer page.

Please read carefully all of the terms of these policies and each of the other agreements that apply to you. Any terms that are defined in this agreement and used in other agreements without further definition, have the meaning set forth in this Agreement.

ABOUT US

At GivFast, we build and provide solutions that drive participation and generosity between individuals, organizations and communities.

When we refer to “GivFast,” “we,” “our,” or “us” that means GivFast, Inc. and all its wholly owned subsidiaries and affiliates.  Please note that as used throughout this Agreement, “including” means “including without limitation” and headings are intended for convenience only and are not be taken into consideration in any construction or interpretation of this agreement or any of its provisions.

For U.S. and Canadian users, for payment processing services we contract through Stripe, Inc., and through its trusted payment processing products (“Processing Partner”). We refer to this payment processing partnership and its products as (“Processing Services”). For Stripe, Inc.’s privacy policy, click here.

ABOUT YOUR INDIVIDUAL ACCOUNT

Here, we provide information about GivFast accounts of Individuals (as opposed to Organizations or Developers), including how to sign up, use, make or stop a payment (including recurring payments), and how to close an Individual account, as well as our, and each Individual’s, responsibilities around unauthorized payments and errors.

SIGNING UP

To sign up as an Individual for a GivFast account (which we refer to as an “individual account”) and get started, simply download or fill out the relevant application(s) for you and your Organizations(s).

CLOSING YOUR ACCOUNT

If you are looking to close your individual account, please refer to our website or E-mail us at  office@givfast.com with your request, including your name, email address and the phone number associated with your account. Closing your account will not stop or modify any payments that have been successfully processed on your account, but will cancel any recurring payment schedules that have not been processed on your account (see MAKING PAYMENTS – Preapproved Payment/Recurring Payments below for more information about your payments). You will remain liable for all obligations related to your individual account even after it is closed and there are situations where you may not be able to close your individual account immediately, including if you have a pending transaction or open claim. Please note that merely deleting a GivFast application will not close your account, cancel a recurring payment or delete a linked account (for example, a linked Organizational account).

MAKING PAYMENTS

You can use your individual account to authorize and/or make payments to participating Organizations using our Services. If a supported payment method is being used by you for a transaction, you authorize GivFast to store the payment credentials for future scheduled or unscheduled transactions. By using a payment method to perform transactions through with the Services, you represent and warrant to us that you are authorized to use such payment method with the Services, and that any transactions made using such payment method are for lawful purposes only.

Link or Unlink a Payment Method:  You can link or unlink a debit card, credit card, or a bank account to your individual account as a stored method of payment. Please keep your payment method information current (i.e. credit card number and expiration date). If this information changes, we may automatically update it as directed by your bank or card issuer without any action on your part, and we will use such updated payment method information with any existing recurring payment or other payment authorization. To verify that a stored or linked method of payment is valid and authorized, we may periodically prompt you to confirm additional cardholder data such as billing zip or card verification value (CVV).

Choosing Your Method of Payment:  You can choose any of the payment methods in your individual account as your preferred payment method. You can select a preferred payment method after logging into your individual account, navigating to the payment methods menu option, selecting the preferred payment method and setting the default option to on.

If you have chosen a preferred payment method, it will be shown as the primary method of payment when you make payments.

There may be times when your preferred payment method cannot be used, for example, if you select a credit card that has expired or your bank account has insufficient funds. Also, the availability of certain payment methods may be limited based on that particular Organization you are using. We may also restrict the types of payment methods you can use or accept through the Services at any time in our sole discretion.

If you have not selected a preferred payment method, or your preferred payment method is unavailable or declined, we may select among any of the active payment methods in your individual account.

Recurring Payments:   You (as an Individual) can elect with a participating Organization to use GivFast as the payment service for future payments with that Organization. This allows the Organization to process and receive payments with your authorization either on a one-time, recurring or sporadic basis. Preapproved payments of this type are sometimes referred to as a “billing agreement,” “subscription,” “recurring payment,” “recurring donation,” “reference transaction,” “preauthorized transfer”, “automatic payment”, “installment” or “unscheduled card-on-file”. We refer to such payments as “recurring payments.”

If you elect to initiate recurring payments (which includes recurring donations), you are authorizing us to store and automatically charge your selected method of payment in the payment amount (including fees and charges) and frequency that you designated, without further consent or instructions from you. You may pause (and later resume) your recurring payments by following the instructions available. If you wish to cancel your recurring payments, you may do so by revoking your authorization at least ten (10) business days prior to the next scheduled payment date. 

Once a payment is processed, a payment cannot be cancelled by us or the Organization and we have no obligation to honor any request to stop, correct, reverse or recall a payment. Depending upon an Organization’s preference, we may default to a recurring payment for your individual account, but you may elect a one-time payment. If any changes are made to a stored payment method or linked account is changed, any recurring payments associated with that stored payment method or linked account may be paused, canceled or otherwise adversely affected. Revoking an authorization for a specific recurring payment schedule will not cancel other authorizations for recurring payments. If you pause or cancel a recurring payment, you may still owe the Organization money for the donation, purchase or pledge, or have additional obligations to the Organization for any goods or services that you receive but have not paid for.

If you schedule a recurring payment, the recurring payment amount you specified will be billed to the credit or debit card, bank account, or other account you designate during the setup process. If you want to designate a different credit, debit card or bank or other account, or if there is a change in such cards or accounts, you must change such information through the application. This may temporarily delay your ability to make online payments while your new payment information is verified.

Fees for Individuals:  GivFast does not charge Individuals processing or other fees for making donations, unless the donor elects to help cover processing fees incurred by an Organization by voluntarily contributing more or authorizing us to adjust the size of their originally intended donation using our Donor Covers Fees option utilized by some Organizations. For other types of payments, GivFast may charge convenience, service, and/or other processing fees to you for making payments.

Your financial institution(s) may also charge fees for processing your payment and/or if you have insufficient funds to cover a payment, and/or for currency conversions. You are solely responsible for these fees and charges.

Currency:  Payments are processed using the Organization’s local currency (e.g., for US Organizations, payments are processed in USD). If you utilize a different form of currency from that of an Organization (e.g., the account you make a payment from is in USD and the Organization located in Australia only accepts AUD), payment would be processed in the Organizations form of currency (e.g., AUD in the immediately preceding example) and you (as an Individual) may incur additional fees, which will be charged to your selected payment method (including as part of a recurring payment).

RESPONSIBILITY FOR UNAUTHORIZED PAYMENTS AND ERRORS 

Where an Error occurs (as defined below), we will endeavor to rectify the Error if we determine it is solely our fault.

An “Error” is defined as:

  • An incorrect amount is debited or credited to your account than what you authorized via our Service (which we refer to as an “Unauthorized Transaction”).
  • A transaction through our Processing Services is missing from or not properly identified in your GivFast account statement.
  • GivFast makes a computational or mathematical error related to your GivFast account.

The following are NOT considered Errors and you are solely responsible for transactions made in these situations:

  • If you give someone access to your GivFast account (by giving them Login Info) and they use your GivFast account without your knowledge or permission;
  • Invalidation and reversal of a donation or other payment as a result of refunds, reversals or chargebacks;
  • Delays that result from GivFast applying holds, limits or reviews;
  • Delays related to the time it may take for a transaction to be completed;
  • Your errors in making a transaction (for example, mistyping an amount of money that you are sending);
  • Lost or stolen account credentials, or other use of your credentials without your permission by a third party, prior to your notifying us and your card, bank account, and other financial services providers, and having them and us block the compromised accounts; or
  • Any other non-Error.

In case of Error or questions about donations or other payments made or received, contact us as soon as you can at: support@givfast.com.  You must notify us immediately if you think there may be an Error or if you need more information about an Error. To rectify processing Errors, you must provide any and all information required by us, including your name and identifying information, description of the type of Error or suspected Error, why you believe there is or may be an Error or need more information, and the dollar amount of the suspected Error. If you tell us orally, we may require that you send us your description of events or question in writing. While we will attempt to resolve Errors quickly, we make no representations or warranties as to how quickly we can resolve an Error.

As your sole and exclusive remedy for any Errors, we will endeavor to rectify any Error that we discover to be solely GivFast’s fault, for example, by appropriately crediting or debiting your account for the difference in credits or debits to your account due to GivFast’s Error. GivFast is not responsible for any other losses or damages due to Error or otherwise, regardless of whether such damages constitute direct, indirect, consequential or other forms of damages. For example, in no event is GivFast responsible for overdraft fees, insufficient funds, inaccurate reporting, or other damages.

OTHER LEGAL TERMS

ELECTRONIC COMMUNICATIONS 

We may communicate with you about your GivFast account or our Services electronically. You consent to receive, and acknowledge and agree that you can receive, electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications“) that we provide in connection with your GivFast account and your use of our Services, through the application, to the email address you provided, or on our Website. You will be considered to have received a Communication from us, if it’s delivered electronically, at the time we post it to our Website or email it to you. You will be considered to have received a Communication from us, if it’s delivered by mail, three business days after we send it. If you do not agree to receive Communications electronically, you must stop using our Services.

Unless you’re communicating with us about a matter where we’ve specified another notice address (for example, our Liability for Unauthorized Transactions and other Errors process), written notices to GivFast must be sent by postal mail to: GivFast, Attention: Legal Department at P.O. Box 941, Clark, NJ 07066. 

You understand and agree that, to the maximum extent permitted by law, we may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with us may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

INDEMNIFICATION AND LIMITATION OF LIABILITY

In this section, the Disclaimer of Warranty and Release section and in any other sections where you indemnify or hold us harmless, you agree to an exclusive remedy, agree to mediation and arbitration, or we disclaim warranties or liability, we use the term “GivFast” to refer not only to the company, but also to each of their respective directors, officers, employees, shareholders, agents, joint venturers, partners (including integration and marketing partners), service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

Indemnification:  You agree to defend, indemnify and hold GivFast harmless from any claim, demand, action, or lawsuit (including attorneys’ fees) in any way related to your use of Services, your violation of any law or the rights of a third party, breach of this user agreement or any other agreement or policy to which you are subject, and/or the actions or inactions of any third party to whom you grant permissions to use your GivFast account or access our Website, software, systems (including any networks and servers used to provide any of our services) operated by us or on our behalf, or any of the Services on your behalf.

Limitation of Liability:  In no event shall GivFast be liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Services, or any related content or information (including as contained within our Website or an application), whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy is to stop using the Services. In no event, shall the maximum cumulative liability of GivFast to you arising from or in any way relating to your account and use of the Service exceed the greater of: (a) one hundred dollars ($100); or (b) the fees paid to us for our software services in the last six (6) months.

While GivFast takes steps to check that applications are free from viruses and other malicious content, GivFast does not assume any responsibility, nor shall GivFast be liable for any damage to, or viruses that may infect, computers or mobile devices or other property on account of access to or use of the Services. GivFast does not warrant that any Content (as defined under the heading “GivFast’s Intellectual Property” below), will be free of viruses, worms, Trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data backup and security. You assume and are solely responsible for all risk in any way related to your use of the Services.

DISCLAIMER OF WARRANTY AND RELEASE 

No Warranty:  Services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. GivFast specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

We do not have any control over the products or services provided by Organizations, and we cannot ensure that an Organization or Individual you are dealing with will actually complete the transaction or is authorized to do so. We do not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our Website, software, or systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that donations and payments are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing because the Services are dependent upon many factors outside of our control, such as acts and omissions of our Processing Partners and delays in the banking system. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you to the extent prohibited under applicable law.

Release of GivFast:  If you have a dispute with any other Organization or Individual, you release GivFast from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections, whether statutory or otherwise, including any and all rights and protections under California Civil Code § 1542, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor,” that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

AGREEMENT TO MEDIATE/ARBITRATE

This Agreement to Mediate/Arbitrate affects your legal rights. Please read carefully. Unless you opt out by sending written notification to GivFast, Attention: Legal Department at P.O. Box 941, Clark, NJ 07066. This Agreement to Mediate and Arbitrate will eliminate your right to go to court (except for a small claims court having jurisdiction), the right to bring class or collective actions, and the right to have a jury decide a dispute.

For Organizations, many concerns can be resolved quickly to your satisfaction by contacting our team or your designated account or customer success representative. For Individuals, many concerns can be resolved quickly to your satisfaction by contacting the associated Organizations who can reach out to us as appropriate. In the event that your concerns are not resolved to your satisfaction and either party desires legal action, you and GivFast agree to resolve those disputes through binding arbitration or small claims courts instead of in courts of general jurisdiction.

Our Agreement:  You and GivFast each agree that any and all disputes or claims that arise out of or in any way relate to this User Agreement, your account with GivFast, your use of GivFast, or the corresponding relationship between you, on the one hand, and GivFast, its agents, employees, officers, directors, predecessors in interest, successors and assigns, on the other hand, including federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively by mediation and, if necessary, legally binding arbitration, in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian ConciliationTM; any settlement agreement or arbitration judgment may be entered in any court otherwise having jurisdiction. Notwithstanding the foregoing, GivFast may bring any claim relating to infringement of our intellectual property rights in U.S. federal court. This Agreement to Mediate/Arbitrate is intended to be broadly interpreted. You acknowledge that your breach of these terms may cause irreparable harm to GivFast, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which GivFast may be legally entitled, GivFast will have the right to seek immediate injunctive relief in the event of a breach of these terms by you or any of your officers, employees, consultants, or other agents.

Prohibition of Class and Representative Actions and Non-Individualized Relief:  You and GivFast agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and GivFast agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other GivFast users.

All parties agree that mediation set forth based on Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation is required to resolve any dispute but if mediation is not able to resolve the conflict and it is referred to arbitration, the arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different GivFast users (whether Individuals, Organizations or Developers), but is/are bound by rulings in prior arbitrations involving the same GivFast user to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration shall be confidential, and neither you nor we may disclose the existence, contents or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.

Severability:  With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Mediate/Arbitrate is invalid or unenforceable, the other parts of this Agreement to Mediate/Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable, then the entirety of this Agreement to Mediate/Arbitrate shall be null and void, but the remainder of this user agreement will continue to apply.

INTELLECTUAL PROPERTY 

GivFast’s Intellectual Property: GivFast owns, controls, and/or licenses the software, and all text, graphics, interfaces, photographs, trademarks, logos, and computer code contained on our Website, applications and other Services (which we refer to as “Content”), with the exception of content you input or upload into our Services, in the form inputted or uploaded by you and to which you are the sole registered owner (which we refer to as “Your Content”). Our Content includes the design, structure, selection, coordination, expression, presentation and arrangement of content. Our Content is protected by trade dress, copyright, trademark laws, and other intellectual property rights and laws.

Any information, data, or other content which is generated in the course of use of the Services, other than Your Content in the form uploaded or inputted into the Services shall vest in and be owned by GivFast in the same manner as our Content. To the extent such content contains any personally identifiable information, the terms of GivFast’s Privacy Policy apply.

No aspect of our Content, including our Website and all applications, may be copied, imitated, reproduced, re-published, modified or altered, uploaded, posted, transmitted, or distributed without GivFast’s prior signed written consent. Notwithstanding the foregoing, any materials available for downloading, access, or other use from our Website or any application that may have their own license terms, conditions, and notices will be governed by such terms, conditions, and notices. Any and all technology and any content created or derived from our Content is the exclusive property of GivFast and its licensors.

You may not publish or use any GivFast brand, branding or logos except with GivFast’s prior written consent. You must not remove or alter any copyright or other proprietary notices contained within an Application. You may not suggest or imply that GivFast is affiliated with or endorses your particular Organization.

You will not assert, nor will you authorize, assist or encourage any third party to assert, against GivFast any patent infringement or other intellectual property claim regarding any Services you have used or had access to.

Any rights granted to you to use our Services are personal, limited, worldwide, non-exclusive, revocable, non-transferable and non-assignable and limited to and strictly conditioned upon use being strictly in accordance with these terms and all other applicable agreements. As an Individual, your rights are limited to downloading, installing and using our end user applications on your own device for personal use. As an Organization, your rights are limited to use of products and services specifically selected by you and provided by us. As a Developer, your rights are limited to use solely to the extent we have expressly permitted or authorized you to do so in a signed written agreement.

You must not:

  • attempt to undermine the security or integrity of our computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
  • use, or misuse, the Services in any way which may impair the functionality of the Services or our Website or other systems used to deliver the Services or impair the ability of any other user to use the Services or our Website or applications;
  • attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Services are hosted;
  • transmit, or input into our Services or our Website or other system, any files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); or
  • attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate our Website or systems.

Your Content, Licenses Granted from You to Us and Your Intellectual Property Warranties:  If you post to your personal social media including Facebook, Twitter, LinkedIn or Instagram in relation to the Services, you hereby grant GivFast the perpetual, irrevocable, unrestricted, transferable, sub-licensable, worldwide, royalty-free, fully paid up right and license to use that material for marketing purposes without any obligation to compensate you for them.

We always appreciate any feedback and suggestions about GivFast and its Services, but you understand that we may use your feedback or suggestions on an unrestricted basis without any obligation to compensate you for them (just as you have no obligation to offer them).

GivFast does not claim ownership of Your Content. Subject to the next paragraph, when you provide, upload, submit or send Your Content to GivFast or post Your Content using our Services, you grant GivFast (and parties that we work with) a perpetual, non-exclusive, irrevocable, royalty-free, fully paid up, transferable, sub-licensable,worldwide license to use Your Content and associated intellectual property and publicity rights to help us improve, operate and promote our current services and develop new ones. GivFast will not compensate you for any of Your Content. You acknowledge that GivFast’s use of Your Content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against GivFast.

For Organizations and Developers, notwithstanding the provisions of the prior paragraph, you hereby grant GivFast and its affiliates a worldwide, non-exclusive, transferable, sub-licensable (through multiple tiers), and royalty-free, fully paid-up, right to use and display publicly your trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you) for the purpose of identifying you as a customer, and/or a developer that utilizes, and/or integrates with, our Services and for any other use to which you specifically consent.

If you believe that any content appearing on our Website, applications or other Services infringes any copyright rights, please forward all relevant information relating to the potential infringement to office @givfast.com.

INFORMATION ABOUT YOU, PERSONALLY IDENTIFIABLE INFORMATION, YOUR PRIVACY AND SECURITY, LICENSES GRANTED FROM YOU AND YOUR WARRANTIES 

Information About You and Others Generally:  In order to use the Services, including to be able to make donations and other payments, you will need to upload or input data about yourself into our Website and/or into an application and/or other Services, some of which may constitute Personal Data.

We use the term “Personal Data” to describe information that can be associated with a specific person and can be used to identify that person. When we say “Personal Data” ‘we mean identifiable information about you, like your name, email, address, telephone number, bank account details and payment information. We do not consider Personal Data, information to include information that has been made anonymous so that it does not identify a specific user (“De-Identified Information”). If you cannot be identified (for example, when Personal Data has been aggregated and anonymized), then it’s not Personal Data. You agree to provide true, accurate and current information, and where such information is not personal to you, you agree that you have the necessary authority or permission from the owner of such Personal Data, including as required by applicable law, to upload or input that information into the Services or to otherwise share that information with GivFast.

You are responsible for and should maintain copies of your information.

Ownership and Use of De-Identified and Aggregated Data:  We may combine your Personal Data with that of others, and exploit freely De-Identified Information, including to provide the Services, improve the Services, create and offer new Services, design features, design promotions, publish insights, provide ways for organizations to compare practices and identify trends. We retain all rights, title and interest in and to such De-Identified Information. To the extent you retain any rights in Aggregated Data under applicable law, if any, you hereby grant to us a perpetual, exclusive, irrevocable, royalty-free, fully paid up, transferable, sub-licensable (including through multiple tiers), worldwide license to exploit Aggregated Data.

Personal Data and our Privacy Policy:  Our Privacy Policy describes GivFast’s collection, use, and disclosure of the Personal Data submitted to us. You hereby confirm that you have read and understood GivFast’s Privacy Policy, and that GivFast will freely collect, use and disclose your Personal Data in accordance with that Privacy Policy and as otherwise set out in this user agreement.

As between you and GivFast, you retain ownership your information in the form provided to GivFast, and you grant a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable royalty-free license to GivFast to collect, use, and disclose your information for the purposes of GivFast providing and improving the Services and for developing and offering new products and services, including disclosing such Personal Data to third parties in connection with the Services (including, for example, disclosing account information to Organizations to facilitate payments made through the Services; verifying your account information with your card company; providing information to a third party engaged by or on behalf of GivFast for the purposes of GivFast providing the Services, such as our Processing Partners and data hosting service providers; or otherwise in accordance with GivFast’s Privacy Policy). The license granted to GivFast in the preceding sentence will survive any termination of this Agreement.

GivFast takes measures to keep Personal Data secure against unauthorized use or access. However, Users shall be responsible for maintaining the security of their account by keeping their user information, Log-in Info and other details confidential and secure, and not sharing any such information with any third party. Please select your log-in information carefully and do not use easy to guess passwords such as your or your friends’ and families’ names and birthdays or commonly used sequences or patterns, reuse passwords you use for third party services. 

Account Security:  Your privacy and security are very important to us and we go to great lengths to protect it. We, cannot however, control who you share your username, password, personal identification numbers, pins or other codes you use to access your account and the services (“Login Info”) or the security of your networks. You are solely responsible for maintaining adequate security and control of your Login Info and networks. You are responsible for anyone you share your Login Info with (for example, if you give someone Login Info and they use your account without your knowledge or permission, you are still responsible for transactions made). You should regularly log into your GivFast account and review your GivFast account statement. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed. If you believe your Login Info has been lost or stolen, or if you believe a transaction has been made without your permission: email us at support@givfast.com.

GivFast shall not be liable for any loss, cost or damage suffered as a result of any unauthorized use of the Services by any third party caused by your failure to comply with the prior paragraph. You must notify GivFast immediately if you suspect or become aware of any unauthorized or fraudulent use of your account.

MISCELLANEOUS 

Consumer Fraud Warning

We’re always looking for ways to help keep you even more secure. Here’s some tips to help you avoid fraud:

  • Know who you’re dealing with. Fraudsters often impersonate someone you know and trust.
  • Guard your personal information. Fraudsters may pretend to be from companies that you do business with and may call or email you claiming to need to verify your personal information.
  • Stay safe online. Don’t send sensitive information such as credit card numbers through email because it’s not secure.
  • Be cautious of unsolicited emails. Many fraudsters impersonate companies or charities. Don’t respond to senders that you don’t know.
  • Resist pressure. Legitimate businesses and charities will not pressure to make a decision nor threaten you with consequences for not responding immediately.
  • Don’t believe promises of easy money. If it’s too good to be true, it probably is.
  • Check your credit reports regularly. If you find accounts that don’t belong to you or other incorrect information, follow the credit bureau’s instructions for disputing those items. Everyone can request free copies of their credit reports once a year.
  • Always use common sense when sending money. Only send money for yourself and not for others. Register to get email updates on current scams from the FTC. If you spot a scam, report it to the FTC.

Third Party Services, Integrations and Websites:  Our Services allow for integrations with a variety of other software applications that GivFast does not own or control (“Third Party Apps”). These integrations may be used for sharing of your information (including Personal Data) or that of others with a Third Party App at your election or that of an Organization acting on behalf of your or other Individuals with whom the Organization has a relationship. The applicable provider of a Third Party App, and not GivFast, is the party providing access to that Third Party App. GivFast does not in any way guarantee the service of any Third Party App, and you agree that you will not hold GivFast responsible or liable for any purchases made through, or use of, a Third Party App (directly or indirectly through an Organization or otherwise) under any circumstances. Use of a Third Party App may be subject to additional terms as between you (or the applicable Organization as the case may be) and the provider of the relevant Third Party App. Please carefully review the applicable Third-Party App’s privacy policy and other terms before deciding whether to share your information with them.

If you are an Organization, (a) you agree that you are prohibited from sharing an individual’s information with Third-Party Apps without informed notice and consent from affected individuals and without having complied with all applicable laws; and (b) if you share information with a Third-Party App, you represent, warrant and agree that you have provided notice and obtained informed consent from all affected individuals and have complied with all applicable laws.

For Developers only, If you are using GivFast software or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then you must comply with the implementation, access and use requirements contained in all documentation accompanying the Services and the GivFast Developer terms. If you do not comply with implementation, access and use requirements you will be liable for all resulting damages suffered by you, GivFast and third parties. GivFast may update or discontinue any software upon notice to you. While GivFast may have (1) integrated certain third party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third party materials and technology to facilitate providing you with the Services, you have not been granted and do not otherwise retain any rights in or to any such third party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise create any derivative works from any of the software or third party materials or technology. You acknowledge that all rights, title and interest to GivFast’s software are owned by GivFast and any third party materials integrated therein are owned by GivFast’s third party service providers. Any other third party software application you use on our Website is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that GivFast does not own, control nor have any responsibility or liability for any such third-party software application you elect to use on any of our Website, software and/or in connection with the GivFast services. 

GivFast’s Suspension and Termination Rights:  GivFast’s Suspension and Termination Rights:

If you do not comply with any aspect of the terms of this User Agreement, GivFast may exercise all rights and remedies available to GivFast without notice to you, including canceling or suspend your use of the Services, and/or terminate all or part of the terms of this User Agreement (including the license granted within it) as they apply to you and/or seeking damages and/or injunctive relief. GivFast shall not be liable for any loss or damage suffered by you as a result of GivFast exercising its rights.

Governing Law:  You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and GivFast.

Identity Authentication:  You authorize GivFast, directly or through third parties, to make any inquiries we consider necessary to validate your identity, including obtaining a credit report from a credit reporting agency or verifying your information against third party databases or through other sources. We may also ask you for further information, require you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, or require you to take steps to confirm ownership of your email address or financial instruments. We may also ask to see your driver’s license or other identifying documents at any time. If you use certain of our Services, federal law may require that GivFast and/or its Processing Partners verify some of your information. GivFast reserves the right to close, suspend, or limit access to your GivFast account and/or our Services in the event we are unable to obtain or verify this information.

Not an Agent, Payment Processor, Money Transmitter, Financial Institution, Legal, Financial, Accounting, or Tax Advisor:  Our relationship with you under this user agreement is as a provider of Services and as an independent contractor for all purposes and not as an agent or trustee. GivFast is not a money transmitter or financial institution. GivFast Processing provides Processing Services as an Independent Sales Organization through our Processing Partners.

GivFast is not your financial, tax, accounting or legal advisor and use of the Services does not constitute the receipt of financial, tax, legal or accounting advice. If you have any accounting questions, please contact a licensed professional. We provide tools for Organizations to generate annual giving statements, but we do not warrant their accuracy or completeness.

It is your sole responsibility to determine that the Services meet the needs of your business and are suitable for the purposes for which they are used.

You remain solely responsible for complying with all applicable accounting, tax and other laws. It is your responsibility to check that storage of and access to your data via our Services will comply with laws applicable to you (including any laws requiring you to retain records).

Your use of information:  If you receive information about another GivFast user in connection with your use of the Services, you must keep that information confidential and only use it in connection with our Services. You may not disclose or distribute any information about GivFast users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so. You may not send unsolicited emails to a GivFast user or use the GivFast services to collect payments or for sending, or assist in sending, unsolicited emails to third parties.

Severability:  If a court or other tribunal of competent jurisdiction holds any of the provisions of these terms to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these terms, so that these terms shall remain in full force and effect.

No Waiver:  GivFast’s failure to insist on or enforce strict performance of this user agreement shall not be construed as GivFast’s waiver of any provision or any right it has to enforce this user agreement, nor shall any course of conduct between GivFast and you or any other party be deemed to modify any provision of this agreement.

No Third-Party Beneficiaries: This agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.

Assignment:  You may not transfer or assign any rights or obligations you have under this user agreement without GivFast’s prior written consent. GivFast may transfer or assign this user agreement or any right or obligation under this user agreement at any time.

Entire Agreement:  This user agreement, together with any other agreements that apply to you, including for Organizations the Additional Agreements for Organizations and the Covered Agreements (as defined in the Additional Agreements for Organizations), and the terms of any other notices or instructions given to you hereunder and thereunder, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and us relating to the Services and the other matters dealt with in this user agreement and other applicable legal agreements.