Terms of Service

Using Our Services
‍These Terms of Use serve as an agreement (“Agreement”) by and between Benefactr, Inc. (“Benefactr,” “we,” “us,” and “our,” as applicable) and you (“User” or “you”).  Benefactr provides consumers the ability to facilitate donations to charities or other third parties as may be available from time to time (“Services”).  These Services are accessible via one or more websites made available by Benefactr on its own behalf (collectively, “Platform”) or on behalf of a charity or other third party that has contracted with Benefactr (“Benefactr Customer”) for such service (“Benefactr Website”).  

This Agreement states the terms of service for your use of the Services and any Platform, as well as any Benefactr Website as it relates to the Services.  Before using the Platform, or any component of the Platform, or any Services, you must read, agree with, and accept all of the terms and conditions of this Agreement and acknowledge our Privacy Policy [LINK].  If you do not agree to be bound by this Agreement, then you may not use the Platform or any Services.  This Agreement governs use of the Platform by all visitors, users, and other parties that access the Platform or use the Services.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION HEREIN.  THIS AGREEMENT CONTAINS A WAIVER OF CLASS ACTIONS AND MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Acceptance of Agreement
‍You accept and are legally bound under this Agreement by doing any of the following: (1) by clicking “I agree” or its equivalent when such terms are presented on your screen, (2) by accessing the Services in any way, (3) submitting an online account application form to us or creating an account with us, or (4) by browsing the Platform.

Modifications to this Agreement
‍We may update or revise this Agreement from time to time.  We will provide you notice of any such modifications on this Platform or within your Account (as defined below) or by otherwise communicating such modifications to you.  Your continued use of the Platform or Services following such notice constitutes your acceptance of such changes.

Notwithstanding the above, if we modify the arbitration provision below, you may reject that change by sending us written notice to the contact information set forth in this Agreement within thirty (30) days of our posting of the change, in which case you must immediately stop using the Services.

‍Description of Services and Content
‍Benefactr Services allow one-time donations or recurring donations to certain third party charitable organizations within the parameters described on the Benefactr Website.  

NOT ALL NON-PROFIT OR CHARITABLE ORGANIZATIONS ARE AVAILABLE WITHIN THE BENEFACTR SERVICES.  

The Platform and Benefactr Website may include information, descriptions, ordering forms and guidelines, account information, text, graphics, audio, video, demonstrations, and other features to support the Services (“Content”) that is proprietary to or licensed by Benefactr.  As used herein, the term “Content” includes, without limitation, software applications and all text, graphics, descriptions, and other content in the software applications used to provide the Services and all material provided or made available to you through the Platform Benefactr Website.  You may use the Platform and any Benefactr as it relates to the Services, as well as all related Content, solely for your personal use in your capacity as an individual consumer and for no other purpose.  All use of such Content is subject to this Agreement and may not be used except as authorized by this Agreement.

Disclosure Compliance
‍We reserve the right to fully cooperate with any law enforcement or duly authorized regulatory authorities or court order requesting or directing us to disclose Content or Customer Information (as defined below), the identity of anyone posting Content or Customer Information, or publishing or otherwise making available any materials that are believed to violate this Agreement or other law.  By accepting the terms of this Agreement you waive, release, and hold us harmless from any claims resulting from any action we take during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us, by law enforcement, or by duly authorized regulatory authorities.

Accounts

• (a) Registration
  ‍To use the Services, you must be 18 years of age (or the age of majority in the state in which you reside).  In order to access Services, you must register an account with us (“Account”), which may require the provision of certain personally-identifiable information, including but not limited to your name, your address, email address, and certain information about your financial accounts and credit card information (collectively, your “Customer Information”).  When you submit an online Account application form to us, you represent that you are at least 18 years of age (or the age of majority in the state in which you reside).  We retain the right, in our sole and exclusive discretion, to approve your Account for registration, and we are under no obligation to grant such approval.  All information you submit as part of the Account registration process is subject to the Benefactr Privacy Policy.
• (b) Your Registration Obligations
  ‍You may only seek to open an Account for yourself and not on behalf of any other person.  You agree to provide true, accurate, current, and complete information about yourself.  We retain the right to suspend or terminate your Account and refuse any and all current or future use of the Services and Content (or any portion thereof) if you provide any untrue, inaccurate, outdated, or incomplete information, or if we reasonably suspect that you have done so.
  
  You are solely responsible for ensuring the confidentiality of your Account login information and maintaining the security of such information.  You agree not to authorize any other person to use your Account for any purpose.  Except as otherwise provided by applicable law, you are solely responsible for all transactions and other activities authorized or performed using your Account, whether authorized by you or not.  If you believe any of your Account credentials, such as your password, have been obtained or used by any unauthorized person or you become aware of any other breach or attempted breach of the security of the Services or your Account, you must notify us immediately.
• (c) Linking Your Payment Card
  In order to participate in certain donation programs and Services as may be offered by Benefactr from time to time, you must link at least one eligible debit or credit card (a “Payment Card”) to your Account.  We will only link your Payment Card to those Benefactr Customers and for those donations that you authorize.
  
  Please note that not all debit and credit cards are eligible to be linked to your Account.  All determinations as to whether a card is eligible to be a Payment Card are at our sole discretion. You may also link your bank account and ACH information to your Account for the purpose of making donations, including recurring donations.
  
  For more information on how we use your Payment Card transaction information, see the “Information Collected from Third Parties” section of our Privacy Policy.  If your enrolled Payment Card is inactive for certain periods of time, your Account, or the program affiliated with your Account, may be suspended.

Account Access
‍We use commercially reasonable efforts to make your Account generally accessible to you via the Platform 24 hours a day, seven days a week, subject to downtime for system maintenance and causes outside of our control.  We are not liable under this Agreement for failure to provide access due to a system failure or due to other unforeseen acts.  Furthermore, we may modify, suspend, or terminate access to certain portions of the Services or your Account at any time and for any reason without prior notice, in order to protect the system or your Account.  We will give you notice in other situations if required by law.Processing
Contributions
‍Benefactr processes all donations through a third-party payment processor, which is currently Stripe, Inc. (“Processor”).  All money raised for the benefit of a Benefactr Customer charity, nonprofit or charitable organization, including those amounts you may authorize through a Benefactr Website, will be transferred to the Benefactr Customer charity.  

‍Third Parties’ Property
‍Certain Content on the Platform may contain links to other third-party web sites, resources, services, or tools (“Third-Party Resources”).  We have no control over such Third-Party Resources, and you acknowledge and agree that we bear no responsibility for the availability of such Third-Party Resources, do not endorse, and bear no responsibility or liability for any content, advertising, products, or other materials on or available from such Third-Party Resources.  By following links to Third-Party Resources, you may navigate away from the Platform, and your online activity relating to the Third-Party Resource will be subject to any terms and conditions governing your use of the Third-Party Resource.  You agree to comply with any and all applicable licensing agreements as required to use any Third-Party Resources.

Restrictions on Use
‍You may not, and will not allow any third-party to (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Content, Platform, or Benefactr Website; (ii) modify, translate, or create derivative works based on the Content, Platform, or Benefactr Website; (iii) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Content, Platform, or Benefactr Website; (iv) use the Platform or Benefactr for timesharing or service bureau purposes or otherwise for the benefit of a third-party (excepting end users as authorized hereunder); (v) remove or otherwise alter any proprietary notices or labels from the Content, Platform, or Benefactr Website or any portion thereof; or (vi) upload, post, e-mail, transmit, text message, or otherwise make available any topic, name, material, or information that is unlawful, harmful, infringing, threatening, abusive, harassing, tortious, profane, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.  

‍Modification and Termination of Service, Content, and Accounts
‍To terminate your Account and this Agreement and your right to use the Services at any time and for any reason and for no reason, contact Customer Support at support@benefactr.co and immediately discontinue all use of the Services.

We reserve the right to modify or terminate the Services, the Content, your Account, or any part thereof, temporarily or permanently, at any time and from time to time, and with or without notice to you.  We retain the right, but have no obligation, to monitor use of the Platform, the Services, or your Account to determine compliance with the Agreement, as well as the right to remove or refuse any Client Information or Content for any reason.  Notwithstanding these rights, you remain solely responsible for your use of the Platform, the Services, and your Account.  You agree that we have the right, in our sole discretion, to terminate or suspend your access to or use of the Platform, the Services, your Account, or any part thereof temporarily or permanently, at any time and from time to time, and with or without notice, for any reason whatsoever including, without limitation, quality assurance or if we believe that you have violated or acted inconsistently with the letter or spirit of any provision of this Agreement.

You agree that we will not be liable to you or to any third party for any modification, termination, or suspension of access to the Platform, Services, Content, or your Account.  

‍Consent to Messages
‍When you use this Website, you may be given the opportunity to consent to receive communications from us through email and/or mobile push notifications. You can opt out of promotional communications by following the “Unsubscribe” directions for emails or through the settings of your Account.

Text Messages
‍By providing us with a telephone number for a cellular phone or other wireless device, you consent to receive autodialed and pre-recorded text messages from or on behalf of Benefactr at the number provided for marketing or promotional purposes. Message frequency varies. You understand that consent to marketing-related messages is not a condition of using our services. You may cancel your SMS service at any time. To stop receiving marketing-related messages, you may reply STOP to any marketing-related text message you receive from Benefactr. After you text “STOP” to us, we will send you a text to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. If you are experiencing issues with the messaging program, you can reply with the keyword “HELP” for more assistance. Standard message and data rates may apply to both non-marketing and marketing-related messages. Carriers are not liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, please contact your wireless provider.

‍Push Notifications
‍By agreeing to these Terms of Service, you agree to receive push notifications from us. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our services.

‍Indemnification
‍You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, contractors, Benefactr Customer charities, or other partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of any rights of another, your breach of this Agreement, your use of the Services, or your violation of any law.

Disclaimer of Warranties
‍YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• A.  YOUR USE OF THE SERVICES, CONTENT, PLATFORM, AND YOUR ACCOUNT IS AT YOUR SOLE RISK.  THE SERVICES, CONTENT, PLATFORM, AND YOUR ACCOUNT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• B.  WE MAKE NO CLAIM THAT THE SERVICES, CONTENT, PLATFORM, OR YOUR ACCOUNT WILL BE SUITABLE FOR YOUR NEEDS, UNINTERRUPTED, TIMELY, OR SECURE.  THE SERVICES, CONTENT, PLATFORM, OR YOUR ACCOUNT MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, OR MAY BE OTHERWISE UNRELIABLE.  WE MAKE NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR PLATFORM WILL MEET YOUR EXPECTATIONS.
• C.  ANY MATERIAL UPLOADED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM, SERVICES, OR YOUR ACCOUNT IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING OR DOWNLOADING OF ANY SUCH MATERIAL.
• D.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE PLATFORM OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.CERTAIN JURISDICTIONS, INCLUDING WITHOUT LIMITATION THE STATE OF NEW JERSEY, MAY NOT ALLOW FOR THE EXCLUSIONS OF CERTAIN WARRANTIES.  AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability
‍YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, BENEFACTR CUSTOMERS, CONTRACTORS, OR OTHER PARTNERS, MEMBERS, EMPLOYEES, AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE AND/OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE AVAILABILITY OR PERFORMANCE OF THE SERVICE, CONTENT, PLATFORM, OR YOUR ACCOUNT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSACTIONS, TRANSMISSIONS, OR INFORMATION; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (iv) ANY OTHER MATTER RELATING TO THE PLATFORM, CONTENT, SERVICES, OR YOUR ACCOUNT.  NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, YOU AGREE THAT OUR TOTAL, AGGREGATE, AND COMPLETE LIABILITY FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT IN NO EVENT SHALL EXCEED THE GREATER OF EITHER (1) $20.00 OR (2) IF APPLICABLE, THE AVERAGE AMOUNT OF MONTHLY DONATIONS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING SUCH BREACH OR THE EVENTS GIVING RISE TO SUCH CLAIMS.  ALL OF THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES.  CERTAIN JURISDICTIONS, INCLUDING WITHOUT LIMITATION THE STATE OF NEW JERSEY, MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

‍Notice
‍The Platform or the Services may provide notices to you via either push notifications, e-mail, text message, or regular mail, and the Services may provide notices of changes to the Agreement or other matters by displaying notices or links to notices on the Platform.

Dispute Resolution – Arbitration Agreement
‍You agree to resolve certain disputes with Benefactr through binding arbitration in accordance with this section (“Arbitration Agreement”).  Arbitration means that an arbitrator, and not a judge or a jury, will decide the dispute.  The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action.  This Arbitration Agreement supersedes all prior versions.

• Waiver of Class Action. If you are located in the United States, you agree to resolve disputes only on an individual basis, through arbitration pursuant to the provisions this Arbitration Agreement. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.
• Disputes. A dispute is any controversy between you and Benefactr concerning the Site, Platform, the Service, your Account, or the negotiation, formation, performance, or breach of any term of this Agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your or Benefactr’s intellectual property rights. As part of the best efforts process to resolve disputes, and prior to initiating arbitration proceedings, you agree to provide an individualized, written notice of the dispute (“Pre-Arbitration Demand”) to Benefactr at 1606 Headway Circle, STE 9443, Austin, TX  78754. The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address and email address of your counsel, if any; (iii) a description of your dispute; and (iv) your signature. A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all.
• Arbitration Procedure. Disputes not resolved pursuant to Paragraphs B or C shall be resolved through arbitration. The American Arbitration Association (“AAA”) will conduct any arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org. Arbitration hearings will take place through videoconferencing by default, unless you and Benefactr agree upon another location in writing. A single arbitrator will be appointed. The arbitrator must: (a) follow all applicable substantive Law; (b) follow applicable statutes of limitations; (c) honor valid claims of privilege; (d) issue a written decision including the reasons for the award. The arbitrator may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys’ fees). Any arbitration award may be enforced (such as through judgment) in any court with jurisdiction. An arbitration award shall have no preclusive effect in another arbitration or court proceeding involving Benefactr and a different individual. Under AAA Rules and under this agreement, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
• Arbitration Costs. Except as provided for in a Mass Filing (as defined below), your responsibility to pay any filing, administrative, and arbitrator costs will be solely as set forth in the applicable arbitration provider’s rules. If you have a gross monthly income of less than 300% of the federal poverty guidelines, you may be entitled to a waiver of certain arbitration costs.
• Conflict with AAA Rules. This Agreement governs if there is a conflict with the AAA’s Commercial Arbitration Rules.
• Severability. If the class action waiver in this Arbitration Agreement is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in court, with the balance resolved through arbitration. If any provision of this Arbitration Agreement is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this Arbitration Agreement, inclusive of the severed provision.

Court Proceedings
‍Subject to the Arbitration Agreement above, all disputes arising out of or relating to this Agreement are subject to the exclusive jurisdiction of the federal or state courts in Austin, Texas, and you expressly consent to the exercise of personal jurisdiction in such courts within Austin, Texas in connection with any such dispute including any claim involving us or our affiliates, subsidiaries, partners, employees, contractors, officers, and directors.  If any legal proceeding is instituted in connection to or relating to the Platform, this Agreement, the Content, Service, or your Account, the prevailing party shall be entitled to recover from the other party its costs, including reasonable attorneys’ fees and costs, at both trial and appellate levels.

‍Governing Law
‍This Agreement is governed by the laws of the State of Texas, without reference to conflict of laws principles.  This Agreement is a contract for services and not a sale of goods.  The parties agree that this Agreement, the Platform, Service, and Content shall not be subject to or governed by the Uniform Commercial Code.

‍Miscellaneous Provisions
‍You acknowledge that you have read this Agreement, understand it, and agree to be legally bound by its terms and conditions.  Neither party is authorized to bind the other to any contract.  This Agreement is the entire agreement and a complete and exclusive statement of the agreement between the parties, which supersedes all prior or concurrent negotiations, proposals and understandings, whether oral or written, and all other communications between the parties relating to the subject matter of this Agreement.  No provision hereof shall be deemed waived, amended, or modified except in a written addendum signed by an authorized representative of each party.  A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.  This Agreement shall be binding upon and shall inure to the benefit of the parties and their successors.  Certain rights and obligations of the Sections on “Indemnification”, “Disclaimer of Warranties”, “Limitation of Liability”, “Dispute Resolution – Arbitration Agreement”, “Governing Law”, “Miscellaneous Provisions”, and others intended to survive the expiration or termination of this Agreement shall survive the termination, cancellation, or expiration of this Agreement for any reason whatsoever.

Contact Us
‍If you have any questions regarding these Terms or the Service, please contact us team@benefactr.co 

Current Terms of Use as of November 1, 2024