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.
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.
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.
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.
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.
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.
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.
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.
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 is not responsible for determining:
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.
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.
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.
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.
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 varies based upon your activity and the services requested.
Standard message and data rates imposed by your wireless carrier may apply.
GivingPals does not charge separately for SMS messages unless expressly disclosed.
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.
Wireless carriers are not liable for delayed or undelivered messages.
GivingPals makes no guarantee regarding message delivery times or carrier availability.
Consent 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.
Marketing emails, if offered, will only be sent in accordance with applicable law and will include instructions for unsubscribing.
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 under Article 17. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Your use of the Services is entirely at your own risk.
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 THE GREATER OF:
(a) THE AMOUNT YOU PAID TO GIVINGPALS DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(b) 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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
Failure by GivingPals to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
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.
You agree that electronic communications, notices, disclosures, agreements, and records satisfy any legal requirement that such communications be in writing.
Headings are provided solely for convenience and shall not affect interpretation of these Terms.
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
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.