Terms of Service for Givt4Kids
These Terms of Service for Givt4Kids (these "Terms") describe the terms and conditions under which you may access and utilize the Givt4Kids Service and participate in certain services made available by Givt, Inc. ("Givt", "us" or "we") through end-user facing mobile or other downloadable applications and websites owned by Givt (the "Service") and certain hardware, including the Givt4Kids Kiosk (stand and iPad) and Givt Coins, that may be made available to you by Givt in connection therewith (each a "Product").
As used in these Terms, "you" or "Church" means the entity you represent in accepting these Terms or, if that does not apply, you individually. If you are accepting these Terms on behalf of your employer or another entity, you represent and warrant that: (A) you have full legal authority to bind your employer or such entity to these Terms; (B) you have read and understand these Terms; and (C) you agree to these Terms on behalf of the party you represent. If you do not have the legal authority to bind your employer or the applicable entity, please do not click "I agree" (or similar button or checkbox that is presented to you, or any other requested confirmation method).
PLEASE NOTE THAT IF YOU REGISTER FOR THE GIVT4KIDS SERVICE USING AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHER ENTITY, THEN (I) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY, (II) YOUR CLICK TO ACCEPT WILL BIND YOUR EMPLOYER OR THAT ENTITY TO THESE TERMS, AND (III) THE WORDS "YOU" AND "CHURCH" IN THESE TERMS WILL REFER TO YOUR EMPLOYER OR THAT ENTITY.
These Terms are a legally binding contract between you and Givt regarding your use of and participation in the Service. These Terms are effective as of the date you first click "I agree" (or similar button or checkbox that is presented to you) or use or access the Service, whichever is earlier (the "Effective Date"). These Terms do not have to be signed in order to be binding. You indicate your assent to these Terms by clicking "I agree" (or similar button or checkbox presented to you) at the time you access the Service or make payment for the Service. By clicking "I agree" or by making payment, you also agree to be bound by Givt's Givt4Kids Privacy Policy.
If you are not eligible, or do not agree to the Terms, then you do not have our permission to access the Service or otherwise use or participate in the Service. YOUR USE OF THE SERVICE OR ANY OTHER ASPECT OF THE SERVICE, AND GIVT'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY GIVT AND BY YOU TO BE BOUND BY THESE TERMS.
Arbitration NOTICE. Except for certain kinds of disputes described in Section 15, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND GIVT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. Certain Definitions
1.1. "Cause" means one of the three giving options that you configure for children to choose from when participating in the Service.
1.2. "Child" or "Children" means an individual under the age of 13 who participates in the Service through a parent or legal guardian's account.
1.3. "Givt4Kids Dashboard" or "Dashboard" means the online platform or tool provided to you during your onboarding process with Givt, through which you may configure causes, review activity around children's participation, manage your account, and access insights and analytics.
1.4. "Givt4Kids Kiosk" or "Kiosk" means the physical stand or holder, together with the iPad device pre-configured with Givt4Kids software, that is provided to you as part of the Setup Package. The Kiosk contains the iPad and Givt Coins and is used by children to select causes during giving moments.
1.5. "Givt Coin" means the physical product provided to you as part of the Setup Package that children use during giving moments to indicate their cause selection.
1.6. "Parent" or "Legal Guardian" means an individual who creates an account with Givt4Kids and sets up recurring giving subscriptions for their child or children.
1.7. "Processing Fees" means the fees charged by Stripe for processing parent donations, which are deducted from parent donations before payout to you.
1.8. "Monthly Subscription Fee" means the monthly fee of $2.50 per month per Signed Up Child charged by Givt and billed via Stripe, as further described in Section 7.1.3.
1.9. "Registered Church" means an entity that both (a) registers with Givt as a church offering Givt4Kids through creation of a Church Account (as defined below) and (b) registers with Stripe Connect (as defined below) to receive payouts from parent donations.
1.10. "Setup Package" means the one-time package purchased by you, which includes: (a) a setup fee of $249; (b) a Givt4Kids configured iPad (purchased through Givt from Apple) for $349; and (c) 100 Givt Coins, for a total price of $598.
1.11. "Signed Up Child" means a child whose parent has created an account with Givt4Kids and committed to a weekly giving amount for that child. A child stops being counted as a "Signed Up Child" four (4) weeks after the parent unsubscribes or cancels their giving subscription.
1.12. "Stripe Connect" means Stripe's platform that enables you to receive payouts from parent donations processed through Stripe.
1.13. "Stripe" means Stripe, Inc., the payment processor used by Givt for processing parent donations and church billing.
2. Givt4Kids Service Overview
Givt4Kids facilitates children's giving experiences by enabling churches to offer a digital giving platform designed for children. The Service allows you to configure three causes for children to choose from, enables parents to set up recurring giving subscriptions for their children, and provides children with a physical and digital experience (using Givt Coins and the Givt4Kids Kiosk) to select causes during giving moments. You will receive insights and analytics on children's participation, including child names and cause selections, as further described in Section 5.
3. Eligibility
By agreeing to these Terms, you represent and warrant to us that: (a) you have not previously been suspended or removed from the Service; (b) your registration and your use of the Service is in compliance with any and all applicable laws and regulations; and (c) you have a children's ministry or program that will utilize the Service. The individual accepting these Terms on your behalf represents and warrants that they are at least 18 years old and have authority to bind you to these Terms and you agree to be bound by these Terms.
4. Accounts and Registration
4.1. In order to access and use the Service, you must register for an account with Givt (such account, a "Church Account"). After you complete payment for the Setup Package via Stripe checkout, Givt will create a Church Account for you and provide you with login credentials to access the Givt4Kids Dashboard. When you make payment through Stripe, you will provide us with information including your (i) full name, (ii) email address, (iii) phone number, and (iv) billing address. You may also be asked to provide additional information, such as your church name and other details, during the onboarding process or through communication with Givt. You agree that all information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your Church Account credentials and password, and you accept responsibility for all activities that occur through the use of such credentials and otherwise under your Church Account.
4.2. Multiple Users. Givt may, at your request, create additional user accounts for individuals within your organization to access the Church Account (each a "User"). Each User will have their own email address and password to access the Dashboard. Givt uses User account information as described in its Givt4Kids Privacy Policy. You will: (a) impose on all Users the same obligations and license restrictions imposed on you under these Terms, and notify all Users in writing that they are subject to the terms of Givt's Privacy Policy; (b) be responsible for the acts and omissions of all Users as though they were your own, including any acts or omissions that, if attributable to you, would result in a breach of these Terms; and (c) notify us immediately via e-mail at support@givt.app in the event of any misuse of the Dashboard by any User, or if you believe that your Church Account or any User credential is no longer secure for any reason. You may request that Givt add or remove Users by contacting support@givt.app.
4.3. Stripe Connect Registration. In order to receive payouts from parent donations, you must register for a Stripe Connect account. We will provide you with a link to Stripe Connect onboarding via e-mail or through the Dashboard. Registration with Stripe Connect is subject to your acceptance of Stripe's online terms and conditions, as well as your satisfactory completion, as determined in Stripe's sole discretion, of any and all onboarding tasks, including account verification. If you do not complete registration with Stripe Connect, you will not receive payouts from parent donations, but you may still access and use the Service. We will notify you on the Dashboard or through e-mail in the event that we engage a new payment processor. In such case, in order to continue receiving payouts you may be required to register for an account with the new processor using a link that will be provided to you via e-mail or the Dashboard.
4.4. Stripe Customer Account for Billing. You will be required to create a Stripe customer account for billing purposes, which will be used to collect the monthly subscription fee described in Section 7.1.3. You agree to provide accurate billing information and to maintain a valid payment method on file with Stripe.
4.5. Parent Registration. Parents must separately register for accounts with Givt4Kids to set up giving subscriptions for their children. Parent registration is separate from your Church Account and is subject to separate terms and conditions that parents must accept.
5. Content and Data Sharing
5.1. Church Content. You hereby grant to Givt a nonexclusive, royalty-free, worldwide license, to use, copy, import, display, reproduce, perform, and distribute (a) any information, data, text, photographs, videos, audio clips, written posts, comments, or graphics provided by you to Givt, including through submission to the Dashboard, such as cause names, descriptions, and images; (b) your trademarks, trade names, business names, logos, descriptions, photographs or other identifiers; and (c) any other content provided by you to Givt (collectively, "Church Content"), in connection with the provision, operation and promotion of the Service and Givt's business (and the business of Givt's successors and business partners). Should you, in your sole discretion, find any use of the Church Content by Givt objectionable, you shall promptly notify Givt of such objectionable use, and Givt shall to the extent reasonably practicable use commercially reasonable efforts to promptly cease using the applicable Church Content in the manner found objectionable by you.
5.2. You assume all risks associated with the Church Content, including any parent's, child's, or other third party's reliance on its accuracy, and you represent that you own or have the necessary permissions to use and authorize the use of the Church Content as described above. You will not imply that Church Content is in any way sponsored or endorsed by Givt.
5.3. Data Sharing with Church. When a child participates in Givt4Kids connected to your church, we share the following information with you through the Dashboard so you can view participation and insights:
(a) The child's name (as created by the parent in the child profile); (b) The cause the child selected (for example, cause 1, 2, or 3); (c) Participation data and analytics, including aggregated information about giving patterns and cause preferences.
5.4. This information is shared only with your church and only for the purpose of supporting the giving experience and providing insights on children's participation. Parents consent to this sharing when they create child profiles and accept the Givt4Kids Privacy Policy, which complies with the Children's Online Privacy Protection Act ("COPPA"). We may also share aggregated information that does not identify any individual child.
5.5. You agree to use child information shared with you only for purposes related to the Service and in compliance with all applicable laws, including COPPA. You will not use child information for marketing purposes or share it with third parties without express parental consent.
6. Payment Processor
6.1. Givt is not a bank or a financial institution, and we do not provide banking or payment processing services. In order for you to receive payouts from parent donations, we use Stripe as the payment processor.
6.2. Parents set up recurring Stripe subscriptions for weekly giving amounts. Stripe will process these donations and, on a monthly basis, remit the donations to you via Stripe Connect, net of Processing Fees (as defined in Section 7.1.1). You agree that we may disclose donation transaction information to Stripe, along with any other necessary account and personal information from you, required for Stripe to initiate and process payouts.
6.3. Transfer of donations, reversals of donations, certain amounts due to Stripe for Stripe's services, and donation deposit times will be governed by Stripe's then-current online terms and conditions. Givt will reflect payout information on the Dashboard.
6.4. If you have not completed Stripe Connect registration, you will not receive payouts from parent donations, but you may still access and use the Service. You are responsible for completing Stripe Connect registration to receive payouts.
7. Fees and Payment Terms
7.1. Fees. To access, use and participate in the Service as a Registered Church, you will be charged the following fees:
7.1.1. Processing Fees. Processing fees are deducted from parent donations before monthly payout to you. Processing Fees consist of Stripe processing fees, calculated as a percentage of each donation, dependent on the type of payment method used by the parent. The actual percentage and amounts of the Processing Fees will be communicated to you via e-mail or the Dashboard. All payouts of parent donations will be net of Processing Fees. You are responsible for all costs associated with receiving donations through Stripe, including Processing Fees and any other fees charged by Stripe in connection with payment processing services.
7.1.2. One-Time Setup Package. A one-time setup package fee of $598 per kiosk unit, which includes: (a) $249 for setup, the Givt4Kids Kiosk stand, and 100 Givt Coins; and (b) $349 for a Givt4Kids configured iPad. Each kiosk unit requires a separate Setup Package. If you need multiple kiosks, you will be charged $598 for each additional kiosk unit (each additional unit includes setup, Kiosk stand, 100 Givt Coins, and iPad). The Setup Package will be invoiced to you and collected via Stripe checkout before you start with Givt4Kids. Givt is not a registered reseller of Apple products. The iPad is pre-configured with Givt4Kids software and becomes your property upon purchase (you keep the iPad even if you terminate the Service). Any warranty for the iPad is provided by Apple or the authorized Apple reseller, not by Givt. Givt can provide you with an invoice for the iPad if needed for warranty purposes. The Kiosk stand remains the property of Givt and must be returned to Givt upon termination of the Service.
7.1.3. Monthly Subscription Fee. A monthly subscription fee of $2.50 per month per Signed Up Child, billed via Stripe. The subscription fee is based on the number of Signed Up Children (children whose parents have committed to a weekly giving amount). If a parent unsubscribes or cancels their giving subscription, the child will stop being counted as a Signed Up Child after four (4) weeks. If no children sign up, no monthly subscription fee will be charged. Billing starts after the first child signs up (i.e., after the first parent creates an account and commits to a weekly giving amount). The subscription quantity will update automatically based on the number of Signed Up Children. Monthly invoices will be issued via e-mail confirming the amount to be collected via the payment method saved in your Stripe customer account, but only if there are Signed Up Children. Because the minimum weekly giving amount per child is $1.00, parent donations will always result in a payout to you (after deduction of Stripe processing fees), and the monthly subscription fee will be collected separately via Stripe.
7.1.4. Hardware Replacement. If Givt Coins or the Givt4Kids Kiosk stand are lost, damaged, or stolen while you are using the Service, you must purchase replacements through Givt's website. The iPad is your property and does not need to be returned upon termination of the Service. If the iPad is damaged, lost, or stolen while you are using the Service, you are responsible for any replacement costs and must purchase a replacement iPad through Givt's website to continue using the Service. Once you terminate the Service, you are free to do with the iPad as you wish, and you are not required to purchase any replacements through Givt.
7.2. Payment Terms. You will pay Givt the Setup Package fee in accordance with instructions provided to you by Givt, whether by e-mail or through the Stripe checkout portal. The Processing Fees will be automatically deducted by Stripe from parent donations prior to each monthly payout to your account. Monthly subscription fees will be billed via Stripe using the payment method you provide. You agree to maintain a valid payment method on file with Stripe for subscription billing.
7.3. Money Back Guarantee. If Givt4Kids does not pay for itself in new donations within the first year after the first child signs up, Givt will refund your setup fee of $249.00. The guarantee period begins when the first child signs up (i.e., when the first parent creates an account and commits to a weekly giving amount) and ends 12 months thereafter. To receive the refund, you must return all Givt4Kids materials (Givt Coins and the Givt4Kids Kiosk stand) to Givt within 30 days of your request for a refund. You may keep the iPad, which is your property. This guarantee applies only to the setup fee and does not apply to the Monthly Subscription Fee or any other fees.
7.4. Adjustment of Rates. Givt reserves the right to adjust the fees set forth above at any time in its sole discretion. We will inform you of this via e-mail or through the Dashboard at least 30 days in advance. Your right to cancel free of charge is unaffected by rate changes.
8. Products and Hardware
8.1. Givt Coins. As part of the Setup Package, you will receive 100 Givt Coins. Givt Coins are physical products used by children during giving moments to indicate their cause selection. You are responsible for the safekeeping and proper use of Givt Coins. You may only use Givt Coins provided by Givt with the Service. Use of any other coins or physical products in place of Givt Coins is prohibited and will result in immediate termination of your account and these Terms. If Givt Coins are lost or damaged, you must purchase replacements through Givt's website. Upon termination of the Service, you must return all Givt Coins to Givt within 30 days of termination. Failure to return all Givt Coins will entitle Givt to charge you a replacement cost based on the then-current pricing for Givt Coins available on Givt's website.
8.2. Givt4Kids Kiosk (Stand and iPad). As part of the Setup Package, you will receive a Givt4Kids Kiosk, which includes a physical stand or holder and a Givt4Kids configured iPad. Givt is not a registered reseller of Apple products. The iPad is pre-configured with Givt4Kids software. The iPad becomes your property upon purchase and you keep the iPad even if you terminate the Service. Any warranty for the iPad is provided by Apple or the authorized Apple reseller, not by Givt. Givt can provide you with an invoice for the iPad if needed for warranty purposes. The Kiosk stand remains the property of Givt and must be returned to Givt upon termination of the Service. The iPad includes software licensed to you as described in Section 9. You are responsible for the safekeeping and proper use of the Kiosk. If the Kiosk stand is damaged, lost, or stolen, you must purchase a replacement through Givt's website. The iPad is your property and you are responsible for any replacement costs if it is damaged, lost, or stolen, and must purchase a replacement iPad through Givt's website if needed.
8.3. Hardware Shipping. Hardware (Givt4Kids Kiosk stand, iPad, and Givt Coins) will be shipped to you after you complete the setup process, including configuration of causes and provision of shipping information. Shipping times and methods will be communicated to you via e-mail.
9. License and Intellectual Property Rights
9.1. Limited License. Subject to your complete and ongoing compliance with these Terms, Givt grants you a non-exclusive, non-sublicensable, non-transferable, revocable license to (a) access and use the Dashboard, and (b) use the Products, including the software installed on the iPad component of the Givt4Kids Kiosk (the "Product Software"), solely in connection with the Service, in each case of the foregoing clauses (a) and (b) for your own business purposes in accordance with these Terms. You are not allowed to use the Service or Product for commercial purposes other than facilitating children's giving at your church.
9.2. License Restrictions. You may not allow any third party to use the Dashboard and will be responsible for damages resulting from sharing your login credentials with unauthorized third parties or otherwise permitting unauthorized access to your account. Without limiting the foregoing, you will not, and will not allow any third party to: (a) provide the Service or Product to third parties; (b) copy, modify, rent, lease, sell, reproduce, distribute, publicly display, publicly perform, or create derivative works of the Dashboard or Product Software; (c) decompile, reverse engineer or otherwise attempt to gain access to the source code or the underlying ideas, algorithms, structure, or organization of the Dashboard or Product Software; (d) remove or bypass the technical provisions that are intended to protect the Dashboard or the Product and/or Givt; (e) transmit injurious code or bypass or breach any security protection on the Dashboard; (f) use the Dashboard or other aspects of the Service or any Product in any manner or for any purpose that violates any law or regulation or otherwise in any manner that is contrary to the purpose for which it was provided. If you are prohibited under applicable law from using the Service, then you may not use it.
9.3. Ownership; Proprietary Rights. The Service is owned and operated by Givt, and the Product Software is owned by Givt or its third-party licensors. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Givt ("Materials") and the Product Software are protected by intellectual property and other laws. All Materials and Product Software are the property of Givt or its third-party licensors. Except as expressly authorized by Givt, you may not make use of the Materials or Product Software. There are no implied licenses in these Terms and Givt reserves all rights to the Materials and Product Software not granted expressly in these Terms.
9.4. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service or Products ("Feedback"), then you hereby grant Givt an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and Products and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
10. Third-Party Software
The Service and Product may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
11. Prohibited Conduct
BY USING THE SERVICE AND/OR ANY PRODUCT, YOU AGREE NOT TO:
11.1. use the Service or any Product for any illegal purpose or in violation of any local, state, national, or international law;
11.2. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
11.3. interfere with security-related features of the Service or any Product, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service or the Product Software except to the extent that the activity is expressly permitted by applicable law;
11.4. interfere with the operation of the Service or any Product or any user's enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
11.5. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying information;
11.6. sell or otherwise transfer the access granted under these Terms or any Materials or Products or any right or ability to view, access, or use any Materials or Products;
11.7. use child information shared with you through the Service for any purpose other than facilitating the giving experience and viewing participation insights, or share such information with third parties without express parental consent;
11.8. violate any applicable laws or regulations related to children's privacy, including COPPA; or
11.9. attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.
12. Term, Termination, and Modification of the Service
12.1. Term. These Terms are effective beginning on the Effective Date, and ending when terminated as described in Section 12.2. Terms are effective for a period of 12 months from the Effective Date.
12.2. Automatic Renewal. Your subscription to Givt4Kids will automatically renew for another 12 months. Givt will send renewal reminders two months prior to renewal and you will be able to opt out of automatic renewal at any time.
12.3. Termination.
12.3.1. Convenience. Givt may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your or your Users' access to the Service, at any time for any reason, or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your Church Account and these Terms by contacting customer service at support@givt.app or otherwise as may be permitted on the Dashboard.
12.3.2. Violation. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate.
12.3.3. Bankruptcy. These Terms will end by operation of law in the event you are declared bankrupt, you apply for a moratorium on payments or a general attachment is levied against your assets, in the event of your death, or in the event you go into liquidation, are wound up or dissolved.
12.4. Effect of Termination.
12.4.1. Upon termination of these Terms: (a) your license rights will terminate; (b) you will be required to delete all copies (including back-up copies) of Givt4Kids from all your systems; (c) you will return all Givt Coins and the Givt4Kids Kiosk stand to Givt within 30 days of termination (the iPad is yours to keep); (d) you will be removed from the Service (including deletion of your listing and access to the Dashboard) within 30 days of termination; (e) you will remain liable for any reversals on payments that have already been made to you; and (f) we may notify Stripe of the termination of your account. Subject to Stripe's then-current terms and conditions, you may be required to separately terminate any agreement you have with Stripe.
12.4.2. In the event of termination due to a violation of these Terms, you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
12.4.3. If your account is terminated due to a risk of reputational damage, Givt reserves the right to immediately delete any and all mention of you from the Service. Sections 12.4.1(a), (b), (c), (e), (f), and 12.4.2 will continue to apply.
12.4.4. You must return all Givt Coins and the Givt4Kids Kiosk stand to Givt promptly following termination of your account. Failure to return all Givt Coins will entitle Givt to charge you a replacement cost of $100.00 for the complete set. Failure to return the Kiosk stand will entitle Givt to charge you a replacement cost of $100.00. The iPad is your property and does not need to be returned.
12.4.5. Upon termination, parent accounts and subscriptions will continue to operate independently, but parents will no longer be able to connect their accounts to your church. Parents may cancel their subscriptions at any time.
12.5. Modification of the Service. Givt reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Givt will have no liability for any change to the Service, or any suspension or termination of your access to or use of the Service.
13. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Givt, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "Givt Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (4) any dispute or issue between you and any third party; or (5) your violation of COPPA or any other law or regulation related to children's privacy or data protection. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
14. Disclaimers
THE SERVICE, ALL MATERIALS MADE AVAILABLE THROUGH THE SERVICE, AND ALL PRODUCTS AND PRODUCT SOFTWARE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. GIVT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, ALL MATERIALS MADE AVAILABLE THROUGH THE SERVICE, AND ALL PRODUCTS AND PRODUCT SOFTWARE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. GIVT DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICE, OR ANY PRODUCT OR PRODUCT SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND GIVT DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR GIVT ENTITIES OR ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICE, OR ANY PRODUCT OR PRODUCT SOFTWARE WILL CREATE ANY WARRANTY REGARDING ANY OF THE GIVT ENTITIES OR THE SERVICE OR PRODUCT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE, THE PRODUCT OR YOUR DEALING WITH STRIPE OR ANY PARENT. YOU UNDERSTAND AND AGREE THAT YOU USE AND PARTICIPATE IN ANY PORTION OF THE SERVICE AND THE PRODUCTS AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 14 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Givt does not disclaim any warranty or other right that Givt is prohibited from disclaiming under applicable law.
15. Liability
15.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE GIVT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR PARTICIPATION IN, OR YOUR INABILITY TO ACCESS OR USE OR PARTICIPATE IN, THE SERVICE OR ANY MATERIALS ON THE SERVICE, OR THE PRODUCT OR PRODUCT SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY GIVT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
15.2. EXCEPT AS PROVIDED IN SECTIONS 15.2 AND 15.3 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE GIVT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE OR PARTICIPATE IN ANY PORTION OF THE SERVICE OR THE PRODUCTS OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF THE TOTAL AMOUNT OF FEES PAID BY YOU TO GIVT DURING THE TWO MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM OR $100.00.
15.3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Arbitration
In the event a dispute arises between the parties hereto arising out of or in connection with or with respect to these Terms or any breach thereof, such dispute shall be determined and settled by arbitration in Fulton County, Georgia in accordance with the rules of the American Arbitration Association ("AAA"). The award rendered thereon by the arbitrator shall be final and binding on the parties thereto, and judgment thereon may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from applying to a court of competent jurisdiction for equitable or injunctive relief.
17. General Provisions
17.2. Changes to these Terms. We may modify the terms and conditions of these Terms from time to time, with notice to you in accordance with Section 17.4 or by posting the modified Terms on our website. Together with notice, we will specify the effective date of the modifications.
17.3. Assignability. Church may not assign these Terms, or its right, duties, or obligations under these Terms without Givt's prior written consent. If consent is given, these Terms will bind Church's successors and assigns. Any attempt by Church to transfer these Terms or its rights, duties, or obligations under these Agreement except as expressly provided in this Agreement is void. Givt may assign these Terms, and any of its rights, duties and obligations under these Terms, Agreement without restriction.
17.4. Notices. Any notice required or permitted to be given in accordance with these Terms will be effective if it is in writing and sent via electronic mail to the appropriate address. For Givt the e-mail address is: support@givt.app; for Church: the e-mail address provided in Church's account.
17.5. Governing Law. These Terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of Delaware without reference to its choice of law rules. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts in Fulton County, Georgia, in connection with any action arising out of or in connection with these Terms.
17.6. Waiver. The waiver by either party of any breach of any provision of these Terms does not waive any other breach. The failure of any party to insist on strict performance of any covenant or obligation in accordance with these Terms will not be a waiver of such party's right to demand strict compliance in the future, nor will the same be construed as a novation of these Terms.
17.7. Interpretation. As used herein, "including" (and its variants) means "including without limitation" (and its variants). Headings are for convenience only.
17.8. Severability. If any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these Terms will remain in full force and effect. If any material limitation or restriction on the grant of any license to Church under these Terms is found to be illegal, unenforceable, or invalid, the license will immediately terminate.
17.9. Entire Agreement. These Terms are the final and complete expression of the agreement between these parties regarding Church's use of and participation in the Service and use of the Products. These Terms supersede all previous oral and written communications regarding these matters, all of which are merged into this Agreement. No employee, agent, or other representative of Givt has any authority to bind Givt with respect to any statement, representation, warranty, or other expression unless the same is specifically set forth in These Terms. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter These Terms. Except as set forth in Section 17.2, any amendments or modifications to these Terms must be executed in writing by an authorized representative of each party.
17.10. International Use. The Service is intended for Churches located in, and donations made within, the United States. We make no representation that the Service is appropriate or available for use outside of the United States.
17.11. Privacy Policy. By using the Service, you acknowledge that you have read and agree to Givt's Givt4Kids Privacy Policy, which describes how we collect, use, and share information, including information from children under 13, in compliance with COPPA. The Privacy Policy is incorporated by reference into these Terms.
Last Updated: January 27, 2026
Contact Information:
Givt, Inc.
12 N Cheyenne Ave, #305
Tulsa, OK 74105
United States
Email: support@givt.app
Phone: +1 918-615-9611
