Terms and Conditions

Terms of Use

Thanks for using GiveToU!

Please read these Terms carefully. By using GiveToU or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and GiveToU (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these Terms.

GiveToU (“GiveToU”, “givetou”, “we,” or “us”) is a non-profit giving and engagement platform that leverages crowdfunding and volunteer management to help non-profits or social entrepreneurs build long term relationships with their supporters, donators, and Companies (the “Service”) offered through the URL www.givetou.com (we’ll refer to it as the “Website”).

If you don’t agree to these Terms, you must immediately discontinue and not proceed with the use of the Service. If you have any questions about our Terms, feel free to contact us.

  1. General Rules

You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to GiveToU in the course of using the Service (“Content”).

By agreeing to these Terms, you promise to follow these rules: (i) you won’t publish fake, non-authorized or non-proprietary Content and (ii) you’ll create and maintain accounts with only true and valid information.

GiveToU doesn’t allow accounts with the primary purpose of promoting or inciting harm toward others or the promotion of discriminatory, hateful or harassing Content. To this end, we may suspend or terminate your account if you create any Content that we determine, in our sole discretion, contains either of the following: (i) a Threat of Physical Harm - this means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others, (ii) Hateful Content - this means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either: (i) an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm, (ii) a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm or (iii) a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

If you violate any of these rules, then we may suspend or terminate your account.

  1. Account Eligibility

In order to use the Service, you must: (i) complete the registration process, (ii) agree to these Terms (iii) provide true, complete, and up-to-date contact and billing information and (iv) ensure contact and billing information are updated before you make any purchase/ donation.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise. GiveToU may refuse service, close accounts of any users, and change eligibility requirements at any time for any reason.

  1. Term

When you sign up for the Service and agree to these Terms, the Agreement between you and GiveToU is formed, and the term of the Agreement (the “Term”) will begin and you become a “Member”. The Term will continue for as long as you have a GiveToU account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Entering all information that is required in the signup form and checking the GiveToU Terms of Service checkbox, passing the google recaptcha (if applicable), and finally clicking “REGISTER” button means that you’ve officially “signed” and accepted the Terms. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

  1. Closing Your Account

You or GiveToU may terminate the Agreement at any time and for any reason by terminating your GiveToU account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we’ll refund a prorated portion of your monthly prepayment or reimburse you as well as all the amount remain on your virtual account. Before you begin account termination you must confirm your bank ID (IBAN) is valid in order for us to proceed with any funding still available – as described in Section 10 – Refunds.

We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement.

If your account is inactive for 12 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including everything you have posted on GiveToU and your associations with other users on GiveToU (including followers, comments on others posts and more). We may delete everything/ any kind of content that you have created on the Website. Once completed the termination process it won’t be possible to undo it and all account data will be permanently deleted.

  1. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by notifying you of the new Terms by sending an email to the last email address you gave us or displaying prominent notice within the Service.

Unless you terminate your account within 5 days, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Website, the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Website, the Service, Add-ons, or any features of the Service at any time.

  1. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that GiveToU is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity.

You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence.

We don’t know your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

  1. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party.

We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we’ll require you to resolve the matter through proper channels outside of GiveToU.

When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account.

  1. Plans

When you sign up for a Plan you agree to recurring billing. Billing occurs on the same day each year, based on the first date of each month. Billing for Plans may be paused if you decide to downgrade to a free Plan or you choose to close your account permanently at any time. Our charges for Plans are posted on our website and may be changed from time to time. You can choose to use the Service under the Free Plan, forever.

  1. Credit Cards

As long as you’re a member with a paid Plan you’ll provide us with valid credit card information and authorize us to deduct the charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. If your credit card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new credit card. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and move you to a no cost Plan. Later you may once again upgrade to a better Plan. We use Stripe payment platform (www.stripe.com) for payments, so all information we collect is handled by this third-party system.

  1. Refunds

We’ll give you a refund for services not yet provided, if case we stop providing the Service, or terminate your account without reasonable cause or if you have any available amount left in your virtual wallet. You won’t be entitled to a refund from us under any other circumstances. We may, at our sole discretion, offer a refund if a member request’s one.

Refund will be made through bank transfer to the bank ID (IBAN) registered in the User's profile at the time of account closing/ termination. In case, it is not possible to carry out bank transfer with success (e.g., due to lack or incorrect/ incomplete bank ID), any available amount will be kept associated with the Account for a period of 1 (one) month, so it can be claimed through email. In this communication you must provide valid documentation that demonstrates the ownership of Account, namely by providing receipts made to increase funds in the virtual wallet  or a screen capture of the virtual wallet with the funds available, as well as an indication of the full name, personal ID card number and e e-mail associated with the Account or alert email communicating Account closure by GiveToU.

  1. Billing Changes

We may change our Plan fees at any time by posting a new pricing structure on our Website and/or sending you a notification by email. Plan fees don’t include purchases, donations or other transaction-based taxes of any kind.

  1. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to GiveToU in the course of using the Service (“Content”). You retain ownership and full responsibility of the Content that you upload to the Service.

We may use or disclose your Content (including any personal information therein) only as described in these Terms, our Privacy Policy and Cookie Policy.

  1. Privacy Policy

Your privacy is important to us all. Please read our Privacy Policy and Cookie Policy for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service.

  1. Proprietary Rights Owned by Us

We will view, copy, and externally distribute Content from your profile and your posts in order to promote your work to selected audiences as this is one of the main features of GiveToU. We do this to help Members reach a wider audience for contents and to make the Service smarter and create better experiences for Members.

  1. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received an inappropriate comment please report it to us, sending an email to [email protected] with the subject Reporting Abuse. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at [email protected] with the subject Copyright Violation.

  1. Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations. We won’t be liable if the Service doesn’t meet those obligations. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce.

If you’re located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”), in creating your account and using the Service you represent and warrant to GiveToU that: (i) you will clearly post, maintain, and abide by a publicly accessible privacy notice on your Contents from which the underlying data is collected that satisfies the requirements of applicable data protection laws or (ii) you will get and maintain all necessary permissions and valid consents required to lawfully post data to GiveToU and to enable such data to be lawfully collected, processed, and shared by GiveToU for the purposes stated in our Privacy Policy.

These Terms and Conditions shall be governed by Portuguese law and will be interpreted in accordance with Portuguese legislation. Any dispute arising from these Terms and Conditions or related to them, in the absence of an amicable agreement negotiated between the parties, shall be resolved by the Courts of Lisbon, with express waiver of any other.

  1. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. GiveToU won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. In any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month, excluding issues related to RGPD.

In addition, for the avoidance of doubt, in no instance will GiveToU be liable for any losses or damages you suffer if you use the Service in violation of this Terms, regardless of whether we terminate or suspend your account due to such violation.

  1. No Warranties

To the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose which are to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

  1. Indemnity

You agree to indemnify and hold GiveToU harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your Content, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us.

  1. GiveToU Expenses

We will retain a maximum commission of 5%, plus VAT, for the total amount raised in any Campaign, so far the Campaign reaches at least 100% of the amount requested and before the designated end date or in case when there is no end date defined and the Campaign creator closes the Campaign.

When you decide to increase the amount of your virtual wallet you accept that GiveToU deducts all tax expenses defined by the payment processor that we use, plus taxes if applicable.

  1. Legal Fees and Expenses

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.

  1. Subpoena Fees

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

  1. Equitable Relief

If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

  1. Disclaimers

GiveToU isn’t responsible for the behavior of any third parties, linked websites, or other Members.

GiveTou, acts only as owner and responsible of the Site and not for the Contents of each Member. GiveToU has no responsibility or liability on any transactions or agreements made between Members, through our outside de Site and therefore does not ensure any kind of campaign success or gifts quality/ availability/ delivery created by the Members. GiveToU therefore has no responsibility and any of the transactions made between the Members.

As a campaign creator you assume that each campaign is only available in one platform at the same time, according to current legislation.

  1. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

  1. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, epidemies, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

  1. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Severability and all other terms of use that constitute or Entire Agreement.

  1. Severability

If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

  1. Interpretation

The headers texts are provided only to make these Terms easier to read and understand. The fact that we wrote these headers won’t affect the way the Agreement is interpreted.

  1. Amendments and Waiver

Amendments or changes to the Agreement won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

  1. No Changes in Terms at Request of Member

Because we have so many Members, we can’t change these Terms for anyone Member or group.

  1. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

  1. Notification of Security Breach

In the event of a security breach that may affect you we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened.

  1. No temporary/disposable e-mails allowed

Disposable email is a service that allows a registered user to receive email at a temporary address that expires after a certain time period elapse. We do not allow the creation of GiveToU accounts with temporary or disposable emails. Accounts opened with this kind of emails will not be approved or will be closed.

  1. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website.

Congratulations! You’ve reached the end!

Thanks for taking the time to learn about GiveToU’s Terms of Use.

Updated February, 2021


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