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Givsum User Agreement

Date Last Modified: August 1, 2020

  1. ACCEPTANCE OF TERMS. This User Agreement (“Agreement”) is entered into by and between you individually and, if you are authorized to act on behalf of an entity, the entity on behalf of which you act (“User(s)”, “you”, “your”, or similar terms) and Givsum, Inc. ( “Givsum”, “we”, “our”, or similar terms ) and governs your access to and use ofwww.givsum.com “Service”) “Privacy Policy”,


  2. SERVICE PROVIDED TO USERS. The Service is offered as a platform (1) to individuals who want to support various tax exempt organizations (“Supporter(s)”); (2) to public nonprofits or private foundations that are properly operating under U.S. Internal Revenue Code 501(c)(3) (“Charity”); (3) to social welfare organizations that are properly operating under U.S. Internal Revenue 501(c)(4) (“Clubs”); and (4) to allow Supporters to create public crowdfunding campaigns ( “Campaigns”) “Recipient Organization(s)”). “Administrator”)

  3. GIVSUM IS A PLATFORM, NOT A PROFESSIONAL ADVISOR. Givsum facilitates the ability for Supporters and Recipient Organizations to interact with each other for philanthropic purposes. The Service is an administrative platform only. Givsum is not a nonprofit, broker, agent, financial institution, creditor, or a tax, legal, or any other kind of advisor.

  4. USER’S REPRESENTATIONS AND WARRANTIES

    1. Your Account and Password . By establishing your account with Givsum, you agree to provide true and accurate data about yourself on your account registration form, and to update and keep such data current (in your Settings). You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all uses of your password or account, whether authorized by you or not. You agree to (1) immediately notify Givsum of any unauthorized use of your password or account or any other breach of security and

      (2) ensure that you exit from your account each time you use the Service. Access and use of password-protected and/or secure areas of the Service is restricted to the User that has been given a valid password by Givsum.

    2. Integration with Social Media . We may also provide you the ability to link to or integrate the Service with certain social media as part of the Service or in order to provide you additional venues in which you can leverage or share the giving opportunities of the Service. Please note that in any instance with which you provide us with your login credential for such social media, Givsum will have access to all information related to such account(s); as permitted by the policies of such platforms and your then current privacy settings, if applicable. By opting to provide us with your login credentials, you hereby assent to any such access and use that we may have, in accordance with our Privacy Policy. If you have any questions or concerns about such access, then we suggest you review the applicable social media platform’s policies and your privacy settings prior to providing us with any such information.

    3. Integration with Third-Party Accounting Software . We may also provide you the ability to link to or integrate the Service with certain accounting software as part of the Service in order to provide you additional methods in which you can manage your finances. Please note that in any instance with which you provide us with your login credential for such accounting software, Givsum will have access to all information related to such account(s); as permitted by the policies of such accounting software and your then current privacy and/or security settings, if applicable. By opting to provide us with your login credentials, you hereby assent to any such access and use that we may have, in accordance with our Privacy Policy. If you have any questions or concerns about such access, then we suggest you review the applicable accounting software policies and your privacy and/or security settings prior to providing us with such information.

    4. Children’s Online Privacy Protection Act . If you are under 13 years of age, you are not authorized to use the Service, with or without registration. If you are between the ages of 13 and 18, then a parent or guardian may create an account, subject to this Agreement, which they may consent to your use, under their supervision.

    5. Opt-In/Opt-Out of Communications . By engaging with any Recipient Organization through the Service (volunteering, donating, etc.), you hereby consent to have your personal information, such as a telephone number, email, mailing address, and/or any other information that you provide to be shared with that Recipient Organization and explicitly opt-in to receive communications from that Recipient Organization. If you wish to opt-out of communications with any particular Recipient Organization, you may do so at any time by contacting them directly.

    6. Your Organization’s Good Standing . If you are an Administrator of a Recipient Organization, then you represent and warrant that the entity for which you are posting is duly organized, authorized, and in good standing under the laws of the state of its organization and is duly authorized to do business in all other states where such authorization is necessary or required.

    7. Campaign Assurances and Permissions . If you are organizing a Campaign, you represent that

      (1) all information you provide in connection with your Campaign’s appeal is true and correct and not likely to deceive a reasonable User; (2) all contributions will be used solely as described by the content that you post or otherwise provide to Users of the Service; (3) you will not infringe the rights of others; (4) you will comply with all relevant and applicable financial reporting obligations, including but not limited to laws and regulations relating to tax reporting, political contributions, and applicable asset disclosures; and (5) to the extent you share with us any personal data of any third-party for any purpose, including the names, email addresses, and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize Givsum, and Givsum reserves the right to, provide information relating to you or your Campaign to Users, beneficiaries of your organization, or law enforcement, and to assist in any investigation thereof.

    8. Proper User Conduct . It is a condition of your use of the Service that you do not (1) interfere with any other User from using and enjoying the Service; (2) collect information about other Users or third-parties via the Service or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation, or any form of lottery or gambling; (3) engage in the systematic retrieval of data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory, without Givsum's prior written consent; (4) attempt to gain unauthorized access to other computer systems or networks connected to the Service; (5) create or access any accounts through unauthorized means, which includes any bot, spider, other automatic device, or manual process to monitor or copy the Service or the content contained therein without prior written permission of Givsum; (6) use the Service to engage in any illegal activity; (7) you will not use the Service to upload, post, or otherwise distribute or facilitate distribution of any material that is libelous, defamatory or slanderous; (8) is sexually suggestive or contains explicit sexual content (including nudity); (9) does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (10) does or may threaten, abuse, harass, or invade the privacy of any third party; (11) is fraudulent or infringes the rights of any third party,

      >including, without limitation, patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights; (12) contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third-party; (13) encourages conduct that would constitute a criminal offense or give rise to civil liability; (14) impersonates any person or entity, including any employee or representative of Givsum; or (15) violates any applicable law or this Agreement; (16) Givsum reserves the right to refuse to post, or to remove any information or materials at its sole discretion that Givsum considers objectionable or in violation of this Agreement; (17) the publication of any contest, competition giveaway, sweepstakes, or similar activity on or through the Service, without the prior written consent of Givsum, is prohibited. You may ask permission by reaching us at @givsum.com.

  • ENDORSEMENT DISCLAIMER; COMPLAINT REPORT. Givsum neither endorses any Recipient Organizations, nor any Campaigns, and we make no guarantee, express or implied, that any information provided through the Service is accurate. Givsum has no control over the conduct of Users and hereby disclaims all liability in this regard to the fullest extent permitted by law. Before making any contribution, you should consult your financial, legal, tax, or other professional advisor. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You must make the ultimate decision as to the value and appropriateness of the contributions you make. All contributions are made at your own risk. When you make a contribution through the Service, it is your responsibility to understand how your contribution will be used. Notwithstanding the foregoing, we take any possible fraudulent misuse of the Service seriously. If you have a complaint that you would like to report, you may reach us at

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