Terms Of Use

GIVELY

GivelyCF Terms of Use

www.givelycf.com

Important notice

These Terms of Use (“Terms”) govern your access to and use of www.givelycf.com, www.givelydf.com, related pages, dashboards, applications and services that link to these Terms (collectively, “Gively” or the “Platform”). The Platform is operated by Gively Crowdfunding & Digital Finance Inc. (“Gively,” “we,” “us” or “our”), a corporation with an address at 36 McNaughton Drive, Saint John, New Brunswick, Canada E2J 4K6.

By clicking an acceptance box, creating an account, activating an organization, creating or managing a campaign, subscribing to a plan, making a donation, or otherwise using the Platform after being given access to these Terms, you agree to them. If you use the Platform for an organization, you represent that you are authorized to bind that organization.

Contents

• 1. Definitions
• 2. Eligibility and authority
• 3. Changes and additional terms
• 4. Gively’s role
• 5. Accounts and security
• 6. Organization activation and verification
• 7. Campaign creation and organizer obligations
• 8. Prohibited activities and campaigns
• 9. Donations
• 10. Payments, fees and taxes
• 11. Subscriptions and FIaaS services
• 12. Fund processing, holds and remittance
• 13. Refunds, reversals and chargebacks
• 14. Donation receipts and tax matters
• 15. GLT and GivelyDF
• 16. Donor and campaign communications
• 17. Privacy and data
• 18. Intellectual property
• 19. User content and licence
• 20. Third-party services
• 21. Investigations and enforcement
• 22. Suspension and termination
• 23. Disclaimers
• 24. Limitation of liability
• 25. Indemnity
• 26. Governing law and disputes
• 27. General provisions
• 28. Contact and notices
• Schedule B — Definitions

1. Definitions

Capitalized words have the meanings given in Schedule B. Other defined terms have the meanings assigned where they first appear.

2. Eligibility and authority

You must be at least the age of majority in your province or territory of residence to create an account, organize a Campaign, activate an Organization, subscribe to paid Services or make binding decisions through the Platform. A person below the age of majority may use the Platform only through a parent or legal guardian where Gively expressly permits it.

You may not use the Platform if you are prohibited from receiving services under applicable law, are located in a jurisdiction not supported by Gively, or have previously been suspended for serious or repeated violations unless Gively reinstates you in writing.

If you act for an Organization, beneficiary or other person, you represent and warrant that you have all authority, consents and permissions required to do so and to provide the information and instructions you submit.

3. Changes and additional terms

Our Privacy Policy, Refund Policy, fee disclosures, Campaign-specific disclosures, plan order forms and any feature-specific terms presented before you use a feature form part of this agreement. If there is a conflict, an individually signed order form governs the paid Services it covers; otherwise, the feature-specific terms govern that feature and these Terms govern the remainder.

We may amend these Terms to reflect changes in law, security, risk, technology, Platform functionality or our business. We will post the revised Terms and update the effective date. Where required by law or where a change materially affects your rights, we will provide advance notice and obtain renewed consent. Changes do not retroactively alter a completed Donation except where required by law.

4. Gively’s role

Gively provides technology and services through which eligible Organizations and individual Organizers can create Campaigns, receive Donations, engage supporters and manage fundraising activities. Fundraising Infrastructure as a Service (“FIaaS”) combines fundraising technology, specialist support, campaign execution, human and AI-powered donor engagement, analytics, reporting and related services, according to the selected plan.

Gively is not the recipient charity, beneficiary, trustee, escrow agent, bank, investment dealer, tax adviser or guarantor of any Campaign. Unless expressly stated in a written agreement, Gively does not control how a Recipient uses funds after remittance and does not guarantee that a Campaign will reach its goal, that statements made by users are accurate, or that any desired outcome will occur.

Gively is donation-based. A Donation does not provide shares, equity, debt, repayment rights, profit participation, interest or any other investment return. Nothing on the Platform is an offer or sale of securities.

Gively may provide fundraising technology, campaign-management support and other FIaaS services under an applicable plan or order form. Those services do not make Gively the beneficial recipient of Donations or transfer an Organizer’s or Recipient’s legal, fiduciary, tax, receipting, disclosure or funds-use responsibilities to Gively.

Any regulated characterization of Gively’s payment or crowdfunding activities, and any resulting registration, reporting, recordkeeping or compliance obligations, will be determined by applicable law and Gively’s actual operating arrangements. Nothing in these Terms is intended to disclaim or avoid a legal or regulatory obligation that applies to Gively.

5. Accounts and security

You must provide accurate, complete and current information; maintain only accounts you are authorized to use; protect passwords and authentication codes; and promptly notify support@givelycf.com of suspected compromise or unauthorized activity.

You are responsible for activity under your account except to the extent caused by Gively’s breach of applicable law or failure to apply reasonable safeguards. You must not share administrative credentials, circumvent access controls, impersonate another person or use automated means to access the Platform without written authorization.

Gively may require email, mobile, identity, authority, banking or other verification. Verification reduces risk but is not an endorsement or guarantee. You may browse public charity and fundraiser pages without signing in. An account may be required to donate, create or manage a Campaign, activate an Organization, claim GLT or access giving history. Eligible users signed in to GivelyCF may access GivelyDF through an integrated sign-on experience without creating a separate identity, subject to appropriate consent for information sharing.

You must promptly update information that becomes inaccurate or incomplete. Gively may treat instructions received through your authenticated account as authorized, subject to applicable law, but may pause or reject an instruction that appears suspicious, inconsistent, unauthorized or technically defective.

6. Organization activation and verification

Only an authorized staff member or board member with authority to administer an Organization’s public profile and fundraising activities may claim or activate its profile. Eligible registered charities and nonprofits may apply. Eligibility, features, receipt capabilities and verification requirements may vary by Organization type and jurisdiction. For a Canadian charity, activation requires its legal name, CRA registration or business number, authorized representative’s name and position, business email, mobile number, authority certification, email and SMS verification, verified charity bank account, official logo and authorized electronic signature. Gively may require supporting records.

Canadian charities may be pre-listed using the CRA public registry. Listing alone does not activate an Organization. Campaign creation and receipt of Donations are enabled only after the required representative, authorization, contact, registration and banking checks are completed. Both a Canadian registered charity’s legal name and CRA registration number are displayed on the Platform to identify the official Recipient. An activated Organization may receive general Donations as well as Campaign Donations where it enables those options. Authorized administrators may use role-based access where available under the selected plan.

The Organization and its administrators must promptly update changes to authority, registration status, contact information, banking details, tax-receipting authority or material compliance matters. Gively may periodically repeat verification and may delay or suspend activity while doing so.

7. Campaign creation and Organizer obligations

An Organizer is responsible for the truthfulness, legality, completeness and currency of all Campaign Content and for obtaining the beneficiary’s authorization where the Organizer and beneficiary differ.

The Organizer must clearly disclose the Recipient, purpose, intended use of funds, goal, material risks, tax-receipt availability, Campaign end date or ongoing nature, and any material restrictions. Material changes require a clear update and may require Gively’s approval or Donor remedies.

The Organizer and Recipient must use net funds consistently with the disclosed purpose and applicable law, maintain appropriate records, respond to reasonable verification requests, and cooperate with complaints, refunds, audits and regulatory inquiries.

Before Donors contribute, the Organization or Organizer must choose and clearly disclose the Campaign’s supported funding arrangement, including flexible funding, goal-dependent funding, an extension or another arrangement, and what happens if the goal is not reached. Extensions are subject to Campaign type, progress, compliance status and Platform rules.

The Organizer must not make a materially false or misleading statement, omit information necessary to make a statement not misleading, or represent that Gively has endorsed, guaranteed or independently certified the Campaign, Organizer, Recipient, beneficiary or use of funds.

The Organizer and Recipient must keep accurate records concerning Campaign authority, representations, Donations, expenditures, beneficiary consent, use of funds, refunds and required reports for the period required by law and any applicable plan agreement. They must provide relevant records to Gively within a reasonable period when requested for verification, complaint handling, audit, payment processing or legal compliance.

7.1 Personal-cause Campaigns

Eligible individuals may create personal-cause Campaigns in supported locations and categories, subject to identity, beneficiary, purpose and compliance checks. Potential categories include memorials and funerals, medical and emergency needs, education, community projects, family or hardship support, and other lawful personal causes accepted by Gively. Approval is not automatic. Donations to individuals and ordinary personal causes generally do not qualify for Canadian charitable donation tax credits. The Campaign and checkout must clearly disclose whether an official receipt is available and must not imply eligibility where none exists.

7.2 Peer-to-peer Campaigns

Organizers may create Campaigns benefiting an activated charity with the charity’s approval and subject to Platform controls. Funds are payable to the designated Organization, not to the peer fundraiser, unless the Campaign expressly and lawfully states otherwise.

8. Prohibited activities and Campaigns

You must not use the Platform to engage in, promote, finance or facilitate:

• illegal activity; fraud; deception; impersonation; money laundering; terrorist financing; sanctions evasion; tax evasion; bribery; corruption; trafficking; exploitation; or the proceeds of crime;
• violence, credible threats, hate, harassment, discrimination, abuse, self-harm promotion, sexual exploitation, child sexual abuse material or non-consensual intimate content;
• weapons, controlled substances, unlawful gambling, pyramid or Ponzi schemes, deceptive prizes, securities, loans, investment returns or unlicensed financial services;
• misleading charitable claims; false emergencies; fabricated beneficiaries; misuse of a charity’s identity; diversion of funds; or a materially undisclosed conflict of interest;
• infringement of intellectual property, privacy, publicity or other rights; malware; credential harvesting; scraping; interference with security; or unauthorized access;
• transactions designed to manufacture Donations, GLT, recognition levels, referrals, tax receipts, Campaign statistics or payment volume; or
• any activity, person, entity, country or purpose that Gively or a service provider cannot support lawfully or within its risk tolerance.

Gively may maintain additional restricted-category standards and may decline a lawful Campaign where risk, safety, banking, payment-provider, reputational or operational concerns reasonably warrant doing so.

9. Donations

A Donation is a voluntary payment to the identified Recipient for the disclosed Campaign or general organizational purpose. Before confirming, Donors must review the Recipient, purpose, amount, currency, frequency, fees or deductions disclosed to them, receipt status and any GLT election.

A Donation is completed only when the payment is authorized and successfully processed. A pending, declined, reversed, disputed or fraudulent payment is not a completed Donation. Following successful processing, Gively sends a confirmation email containing a link to the applicable official tax receipt or non-tax receipt. Receipt links are also available in account history. Gively may correct Campaign totals and records to reflect refunds, reversals, chargebacks and processing errors.

Donors must use a payment method they are authorized to use and provide accurate receipt information. Public anonymity, where offered, hides identifying information from the public page only; Gively, the Recipient and service providers may still process information as required for payment, compliance, receipting and fraud prevention.

Recurring giving is available only where enabled for the Campaign. The Donor selects the frequency and amount and authorizes periodic charges. Recurring Donations continue until cancelled, the Campaign ends, the payment method fails or the authorization otherwise terminates. Settings may be managed through the account or by contacting support. Cancellation stops future charges when received and processed but does not automatically reverse prior Donations.

10. Payments, fees and taxes

Payments are processed through third-party payment providers, currently Stripe and PayPal. Available payment methods, currencies and any minimum, maximum or provider limits are displayed at checkout and may vary by Donor location, Campaign and provider. Settlement times may vary. Foreign-exchange rates and fees may be determined by the payment provider or financial institution.

The Organization or Organizer must pay the subscription fees, success fees, taxes and other amounts disclosed in the applicable pricing page, order form or plan agreement. Payment-processing fees are paid separately by the Donor to the payment solution provider, such as Stripe or PayPal, at the time of donating and are not included in Gively’s plan fees. Applicable payment-processing charges must be disclosed at checkout. Unless expressly stated otherwise, displayed fees exclude applicable taxes.

A success fee is a percentage of the amount actually and successfully raised through fundraising activities covered by the applicable plan. It is calculated and deducted when funds are remitted to the charity or fundraising Organizer, subject to the plan agreement, and is used to pay for reward items provided when Donors redeem GLT. The accepted plan or order form specifies the rate and calculation base. Net remittance depends on the applicable plan and any deductions disclosed in the agreement, including applicable refunds, reversals, chargebacks and taxes.

Gively may change prospective pricing on reasonable notice. A change does not alter amounts already earned or a fixed contractual term except as the applicable agreement permits.

11. Subscriptions and FIaaS services

Gively offers Basic, Growth and Enterprise plans. Features, Campaign limits, service levels, subscription fees and success fees are those disclosed at https://givelycf.com/charities/pricing and in the plan or order form accepted by the Organization.

Subscription billing, renewal, notice periods, cancellation and continued access are governed by the applicable subscription agreement. An Organization may cancel subject to its contractual commitments, outstanding fees, active Campaigns, data-retention requirements and continued access rules. Gively will provide any contract copy, notice, cancellation right, refund or renewal control required by applicable consumer law.

An Organization may upgrade or downgrade subject to billing cycles, contractual commitments, Campaign status and transition requirements. Enterprise proposals may be requested through “Contact Sales” or by contacting Gively with the Organization’s requirements. Enterprise Services may be subject to a separate agreement.

The level of FIaaS assistance depends on the selected plan and may range from self-service tools to donor automation, account advisory, fundraising strategy, Campaign management, grant and sponsorship support, and enterprise infrastructure. FIaaS involves professional effort but does not guarantee Donations, grants, sponsorships, donor retention, tax outcomes or Campaign results. The Organization remains responsible for approvals, factual representations, legal compliance, charitable resources and final decisions.

12. Fund processing, holds and remittance

Donation funds may be received, processed, safeguarded, held, reserved or transmitted by Gively’s payment provider or other regulated service provider before remittance. Gively is not a bank and no account balance is a deposit account or interest-bearing account.

Subject to successful processing and applicable disclosed deductions, net funds are remitted to the verified Recipient account according to the agreed schedule disclosed in the Campaign, dashboard, plan agreement or payment-provider terms. Disbursement timing also depends on identity and banking verification, compliance reviews, refunds and disputes.

Gively or its providers may delay, hold, reserve, reject or reverse a transaction or remittance where reasonably necessary to verify identity or banking; investigate fraud, complaints or prohibited activity; address chargeback exposure; comply with law, sanctions, court orders or reporting duties; correct errors; or protect users and the Platform.

No Organizer or Recipient may redirect funds to an unverified account or a person different from the disclosed Recipient without Gively’s approval and all required Donor notices or consents.

13. Refunds, reversals and chargebacks

Donations are generally final because they are voluntary contributions rather than ordinary purchases. Gively may nevertheless issue or facilitate a refund for a duplicate or processing error, unauthorized payment, fraud, material Campaign misrepresentation, cancellation, inability to remit lawfully, a Recipient’s approved request, or another circumstance required by law or Gively’s Refund Policy.

A Donor requesting a refund must contact support promptly and provide the transaction reference and reason. Gively may consult the Recipient and payment provider. Approval is not guaranteed where funds have been remitted or used, but this does not limit non-waivable legal rights.

The Recipient is responsible for refunds, chargebacks, reversals, disputes, penalties and associated costs attributable to its Campaign or conduct. Gively may deduct them from pending remittances, require reimbursement, establish a reserve or use another lawful recovery method.

Any GLT, recognition progress, referral credit or other benefit linked to a refunded, reversed or charged-back Donation will be reversed or adjusted.

14. Donation receipts and tax matters

Gively is not a registered charity and does not issue official charitable donation receipts in its own capacity. For a Donation to a participating CRA-registered charity or other qualified donee authorized to issue receipts, the Recipient determines whether the Donation meets applicable legal requirements and authorizes and issues any official receipt under its own name, registration number and responsibility. Gively provides the technology used to prepare, process and deliver the receipt on the Recipient’s behalf. The Donor must provide the required information and must not select an incompatible benefit or reward.

A non-tax receipt confirms a transaction but cannot be used to claim a charitable donation tax credit or deduction. Personal-cause Donations and Donations to organizations not authorized to issue official receipts ordinarily receive non-tax receipts only.

Eligible Donors may choose an official charitable donation receipt, where available, or GLT accompanied by a non-tax receipt. The non-tax receipt cannot be used to claim a charitable donation tax credit or deduction. A reward or other benefit may constitute an advantage associated with a gift and affect the eligible amount or availability of an official receipt. Receipting must comply with applicable CRA requirements.

Receipt information may include the Donor’s name and address, Donation amount and date, eligible amount of the gift, description and value of any advantage, Recipient’s legal name and address, CRA registration number, receipt number and authorized signatory information, as applicable. Each receipt must clearly identify whether it is an official receipt for income-tax purposes. Gively does not provide tax advice or guarantee eligibility, credit value or treatment. Donors and Recipients should obtain their own advice. Report receipt errors to the Recipient or support@givelycf.com; do not alter receipts yourself. Corrections and replacements must follow the appropriate receipting process.

15. GLT and GivelyDF

Gively Love Tokens (“GLT”) are non-cash reward points associated with eligible verified giving and administered through GivelyDF. They support donor rewards, recognition and engagement. GLT is not money, cryptocurrency, a cash balance, an investment or a guaranteed financial asset, and confers no ownership in Gively or right to financial returns.

An eligible Donor who selects the GLT option earns 25 GLT for every C$1 of eligible verified Donations. GLT is issued only after the Donation has been successfully processed and verified. Eligible foreign-currency Donations are converted to Canadian dollars using the transaction-date exchange rate for this calculation. The earning rate is not a currency conversion or guaranteed redemption value. Gively does not display a CAD or USD monetary value beside a GLT balance.

GLT is personal, non-transferable, non-tradeable and non-convertible to cash. It may not be sold, exchanged, pledged, assigned, pooled or used to create a market. Any purported transfer is void.

Depending on recognition level and availability, GLT may establish eligibility for everyday and premium reward items, impact content, participation opportunities and exclusive access. Everyday items may include gift cards, online-shopping benefits, coupons, coffee, delivery and entertainment benefits. Premium items may include airport lounges, wellness or fitness centres, sleep pods and other travel experiences. Participation opportunities may include personalized impact updates, cause briefings and webinars, community voting, volunteering, charity board or advisory-panel opportunities, special community experiences, invitation-only impact forums and annual recognition galas. These examples do not guarantee a particular item, appointment, access right or benefit.

The Lifetime Impact Certificate is available while redemption of GLT for everyday and premium reward items is under development. When enabled, redemption may be available through the Gively Platform or at participating merchants’ physical or online points of sale. Participation and exclusive access depend on availability and are not predefined. Availability, eligibility, geographic coverage, required GLT, fair-market value and merchant participation may change and are subject to product design, applicable tax and regulatory requirements and commercial agreements. Merchant lists may change for commercial and financial reasons. A merchant is identified as a confirmed partner only where a formal agreement and integration exist. Recognition levels do not guarantee a specific reward, fixed GLT price or monetary value. Third-party providers remain responsible for their own products and fulfilment.

Gively may correct, withhold, reverse or cancel GLT arising from error, fraud, abuse, an ineligible Donation, refund, reversal, chargeback, account duplication or violation. GLT associated with a refunded or charged-back amount is reversed. To dispute a balance, contact support@givelycf.com and provide the relevant Donation confirmation or non-tax receipt. Gively may review payment records, verification, refund status and account information. Additional GivelyDF Terms apply when a user claims, manages or uses GLT; if they conflict on GLT administration, the GivelyDF terms govern.

15.1 GLT access and Lifetime Impact Certificate

To track or manage GLT, select “Reward” on the main menu of the Gively Platform. GLT is managed through GivelyDF; a signed-in GivelyCF user selecting “Claim Reward” is directed to the corresponding GivelyDF account experience.

The Lifetime Impact Certificate records eligible verified giving associated with the Donor’s account. It may show eligible privileges and a QR code that directs the user to their blockchain-encrypted GLT dashboard. The certificate is a recognition and impact record and is not an official charitable donation receipt.

Annual GLT recognition levels are Supporter for 25–599 GLT (brown certificate); Changemaker for 600–14,999 GLT (green); Impact Builder for 15,000–29,999 GLT (silver); Community Champion for 30,000–89,999 GLT (gold); and Legacy Catalyst for 90,000 GLT or more (platinum). Recognition establishes eligibility for available privileges and does not guarantee a fixed reward or value.

15.2 Verification of eligible giving

For Donations processed through GivelyCF, eligibility for GLT will ordinarily be verified from Gively’s transaction records. If Gively permits recognition of an eligible Donation made through another approved channel, it may require proof of giving, such as an official receipt, donation confirmation or verified data received through an authorized integration.

Submitting proof of giving will result in the issuance of a Lifelong Certificate of Imact but does not result in the issuance of GLT. Gively may request clarification or additional documents and may reject, delay, correct or revoke recognition where evidence is incomplete, duplicated, altered, fraudulent, unverifiable, inconsistent with the applicable GLT rules or linked to a refunded, reversed or charged-back Donation.

A user submitting proof of giving represents that the evidence is authentic, relates to that user or is submitted with proper authority, and may lawfully be provided to Gively. Users must not submit full payment-card details, passwords or unnecessary sensitive information.

16. Donor and Campaign communications

Gively may send transactional messages necessary to operate accounts, process Donations, deliver receipts, provide security notices and administer Campaigns. Marketing communications require the consent or other lawful basis required by applicable law and will include an unsubscribe mechanism where required.

Organizations and Organizers may use Donor information only for the Donation, Campaign, acknowledgement, reporting and other purposes disclosed to the Donor and permitted by law. They must not sell Donor information or send unrelated marketing without valid consent.

17. Privacy and data

Gively’s Privacy Policy explains how it collects, uses, discloses, retains and protects personal information and how individuals may exercise applicable privacy rights. By using the Platform, you acknowledge those practices; consent will be requested separately where required. Gively does not sell personal information.

Depending on Platform use, information collected may include identity and contact details, account credentials, Donation and transaction records, receipt details, verification and banking-verification data, Campaign information, communications and support records, device and cookie information, and evidence submitted for GLT verification.

Information may be used to create and secure accounts, process Donations, verify Organizations and Organizers, deliver receipts, administer GLT, prevent fraud and abuse, comply with legal and regulatory obligations, provide support, improve the Platform and send authorized communications. It may be shared where necessary with Recipients, authorized Organizers, payment processors, identity or banking-verification providers, hosting and technology providers, professional advisers, authorities, GivelyDF and other providers needed for selected Services, subject to appropriate notice, consent and safeguards.

Sharing between GivelyCF and GivelyDF may connect verified Donations, GLT, recognition levels and certificates, with appropriate access controls.

Users must not upload unnecessary sensitive information or disclose another person’s personal information without authority and appropriate notice. Organizations and Organizers are independently responsible for their own handling of information received through the Platform.

Payments are processed through specialized providers, currently Stripe and PayPal, using appropriate technical and organizational safeguards. Gively does not store full payment-card information unless necessary and permitted. No system is completely secure. Gively applies safeguards appropriate to the sensitivity of information and responds to security incidents as required by law. Information is retained only as long as reasonably necessary for its purposes, including transaction, tax, fraud-prevention, legal, dispute and regulatory requirements. Access and correction requests and other applicable privacy rights are handled under the Privacy Policy and applicable law.

18. Intellectual property

The Platform, Gively name and marks, software, interfaces, designs, databases and Gively-created content are owned by or licensed to Gively and protected by law. Subject to these Terms, Gively grants you a limited, revocable, non-exclusive, non-transferable licence to use the Platform for its intended purpose.

You may not copy, modify, distribute, sell, lease, reverse engineer, scrape, frame, mirror, bypass security, create derivative services from, or commercially exploit the Platform except where applicable law does not permit restriction or Gively gives written permission.

19. User Content and licence

You retain ownership of content you submit. You grant Gively a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, format, translate, display, communicate and otherwise use that content only as reasonably necessary to operate, secure, administer and improve the Platform and the relevant Campaign, provide the Services, investigate misuse, comply with law, and promote a public Campaign or Organization profile.

You represent that you own or have permission to use the content and that it is accurate, lawful and does not infringe rights. You authorize Gively to use an Organization’s name, logo and public Campaign material to provide and promote its Campaign, subject to any written brand restrictions.

The licence ends when the content is deleted from Gively’s active systems, except to the extent continued use or retention is reasonably required for completed transactions, backups, legal compliance, dispute resolution, fraud prevention, archival Campaign records or materials already lawfully distributed. Gively does not acquire ownership of User Content.

Gively may remove or restrict content but has no general obligation to pre-screen all content.

20. Third-party services

The Platform may link to or depend on payment, banking, identity, hosting, analytics, social-media, merchant or other third-party services. Their terms and privacy practices may apply. Gively is not responsible for third-party services beyond responsibilities that cannot lawfully be excluded.

A reference to a prospective merchant, integration or provider does not mean a commercial partnership exists. Only benefits and relationships expressly identified as available and confirmed should be relied upon.

21. Investigations and enforcement

Gively may use automated and manual controls, request information, contact Recipients, review public sources, cooperate with service providers and authorities, and preserve records to prevent fraud, manage risk and comply with law.

You must cooperate with reasonable inquiries and provide authentic, complete and timely information. Pending review, Gively may pause account changes, Campaign publication, Donations, GLT issuance, withdrawals or remittances where reasonably necessary.

Gively may report suspected unlawful activity and disclose information where permitted or required by law. Gively is not required to disclose confidential risk rules, suspicious transaction reports, privileged advice or information that could compromise an investigation.

A verification badge, activated profile, identity check or review means only that specified checks were completed at a particular time. It is not an endorsement, warranty of future conduct, guarantee of Campaign accuracy or assurance that funds will be used as represented.

22. Suspension and termination

You may stop using the Platform and close your account, subject to outstanding Donations, Campaigns, subscriptions, disputes, record-retention requirements and other surviving obligations.

Gively may restrict, suspend or terminate access; unpublish a Campaign; hold or stop transactions; or remove content where reasonably necessary for security, investigation, legal compliance, risk management, payment-provider requirements, non-payment or a violation of these Terms. Where appropriate and lawful, Gively will provide notice and an opportunity to respond.

Termination does not affect accrued rights or provisions that by their nature should survive, including payment, refund, tax, intellectual-property, confidentiality, disclaimer, liability, indemnity, dispute and record-retention provisions.

23. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GIVELY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE, OR THAT A CAMPAIGN, RECIPIENT, ORGANIZER, DONOR, MERCHANT OR THIRD-PARTY SERVICE WILL PERFORM AS EXPECTED.

GIVELY DOES NOT GUARANTEE CAMPAIGN OUTCOMES, DONATION VOLUME, GRANTS, SPONSORSHIPS, RECEIPT ELIGIBILITY, TAX RESULTS, GLT BENEFITS, RECOGNITION VALUE OR MERCHANT AVAILABILITY. INFORMATION ON THE PLATFORM IS GENERAL INFORMATION, NOT LEGAL, TAX, FINANCIAL, INVESTMENT OR PROFESSIONAL ADVICE.

Nothing in these Terms excludes a warranty, condition, right or remedy that applicable law does not permit the parties to exclude.

24. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIVELY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, DATA OR OPPORTUNITY; OR THE ACTS, OMISSIONS OR CONTENT OF A USER, RECIPIENT, ORGANIZER, DONOR, MERCHANT OR THIRD PARTY.

SUBJECT TO THE EXCLUSIONS BELOW, GIVELY’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE FEES PAID DIRECTLY TO GIVELY BY THE CLAIMANT FOR THE RELEVANT SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; AND (B) C$100.

THE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED, OR TO GIVELY’S FRAUD, WILFUL MISCONDUCT, GROSS NEGLIGENCE, OR ANY OTHER CATEGORY THAT APPLICABLE LAW REQUIRES TO REMAIN UNLIMITED. Some jurisdictions do not permit certain exclusions, so they apply only to the extent lawful.

25. Indemnity

To the extent permitted by law, an Organization, Organizer or other business user will defend, indemnify and hold harmless Gively and its directors, officers, employees and contractors from third-party claims, losses, liabilities and reasonable costs arising from that user’s Campaign, User Content, breach of these Terms, misuse of Donor information, unlawful receipt, misuse of funds, infringement of rights or violation of law.

This clause does not require a consumer Donor to indemnify Gively for ordinary use of the Platform and does not apply to the extent a claim was caused by Gively’s own breach, negligence or misconduct. Gively will give reasonable notice and may control the defence, while considering reasonable settlement concerns.

26. Governing law and disputes

Before starting formal proceedings, you and Gively will make reasonable good-faith efforts for 30 days to resolve a dispute after written notice describing the issue and requested remedy. This does not prevent urgent injunctive relief, a chargeback right, a regulatory complaint or a claim approaching a limitation deadline.

These Terms are governed by the laws of the Province of New Brunswick and the federal laws of Canada applicable there, without regard to conflict-of-law rules. Subject to non-waivable consumer rights, the courts located in New Brunswick have exclusive jurisdiction.

Nothing in these Terms limits a consumer’s non-waivable right to bring a claim or complaint in another forum permitted by applicable law. These Terms do not impose mandatory arbitration or waive class proceedings.

27. General provisions

If a provision is unlawful or unenforceable, it will be limited to the minimum extent necessary and the remainder will continue. A delay in enforcing a right is not a waiver.

You may not assign these Terms without Gively’s written consent. Gively may assign them in connection with a reorganization, financing, merger, sale of business or transfer of the Platform, subject to applicable law and continued protection of user rights.

Gively is not liable for delay caused by events beyond its reasonable control, but this does not excuse safeguarding, remitting or accounting for funds as required by law.

The English and French versions are intended to have equal authority when both are published. Headings aid navigation only. Electronic acceptance and records have the same effect as written originals where permitted by law.

These Terms and incorporated documents are the entire agreement concerning the Platform, except for an applicable signed order form or enterprise agreement.

Provisions that by their nature should continue after account closure or termination survive, including accrued payment obligations, refunds and chargebacks, records, licences needed for completed Campaigns, intellectual property, disclaimers, liability limits, indemnities, dispute terms and compliance obligations.

No person other than Gively and the user or entity accepting these Terms has a right to enforce them, except that Gively’s affiliates, directors, officers, employees and contractors may rely on provisions expressly stated for their benefit.

28. Contact and notices

Questions, complaints, refund requests and legal notices may be sent to:

Gively may send notices to the email or account associated with you. You are responsible for keeping it current.

Complaints may be submitted through the contact form or support email, with the issue, desired resolution, relevant dates and supporting evidence. Technical-support requests should include the account email, problem description, relevant Campaign link and transaction reference where applicable. Screenshots must not expose passwords or full payment details. Accessibility accommodations or alternative formats may be requested by contacting Gively and describing the need.

Schedule B — Definitions

Campaign. a fundraiser, general donation page or other giving initiative presented through GivelyCF.

Campaign Content. all text, images, video, documents, updates, claims and other information submitted for a Campaign.

Donation. a voluntary payment processed for an identified Recipient through the Platform.

Donor. a person or entity that makes or attempts to make a Donation.

FIaaS. Gively’s Fundraising Infrastructure as a Service, which may combine technology, specialist support, campaign execution, donor engagement, analytics and related services.

GivelyDF. Gively’s donor reward, recognition and engagement platform through which eligible users may claim and manage GLT, view verified giving history, track recognition levels, access their Lifetime Impact Certificate, and benefit from available exclusive access and participation opportunities.

GLT. Gively Love Tokens, the non-cash reward points described in section 15.

Proof of Giving. documentary or digital evidence of an eligible completed Donation submitted or transmitted for verification under section 15.2.

Organization. a charity, nonprofit or other eligible entity listed, activated or served through the Platform.

Organizer. a person who creates, administers or promotes a Campaign.

Platform. GivelyCF and all related services that link to these Terms.

Recipient. the Organization, beneficiary or other eligible person designated to receive net Campaign funds.

User Content. content, data and materials a user submits to the Platform, excluding payment credentials handled solely by a provider.