Terms Of Use

GIVELY

GivelyCF Terms of Use

Proposed website policy · Canada-first platform

Important notice

These Terms of Use (“Terms”) apply from [EFFECTIVE DATE] to your access to and use of www.givelycf.com, related pages, dashboards, applications and services that link to these Terms (collectively, “GivelyCF” or the “Platform”). GivelyCF 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 A — Launch decisions requiring confirmation
• Schedule B — Definitions
• Counsel review notes — not part of the Terms

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

GivelyCF provides technology and services through which eligible Organizations and Organizers can create Campaigns, receive Donations, communicate with supporters and obtain fundraising support. Certain plans may include Fundraising Infrastructure as a Service (“FIaaS”), such as campaign support, donor-engagement tools, analytics and advisory services.

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.

GivelyCF 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 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 representative may claim or activate an Organization profile. Gively may require the Organization’s legal name, registration or business number, representative’s name and position, business email, mobile number, authority certification, electronic signature, logo, bank-account verification and supporting records.

For a Canadian registered charity, Gively may compare information against the Canada Revenue Agency’s public registry and require the legal name and CRA registration number to be displayed. A profile is not activated, and may not receive Donations or create Campaigns, until required checks are completed.

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.

Gively may label a Campaign as flexible, target-based, recurring or another supported model. The applicable model and consequences of not reaching the goal must be disclosed before a Donation is confirmed.

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

Personal-cause Campaigns may be permitted only in supported locations and categories and remain subject to enhanced identity, beneficiary and purpose checks. Donations to individuals and ordinary personal causes generally do not qualify for Canadian charitable donation tax credits. The Campaign and checkout must not state or imply otherwise.

7.2 Peer-to-peer Campaigns

A supporter may create a Campaign for an activated Organization only with the Organization’s authorization and subject to its 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. 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 Donations continue at the frequency and amount selected until cancelled, the Campaign ends, the payment method fails, or the authorization otherwise terminates. 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. Available payment methods, currencies, limits and 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, payment-processing charges, taxes and other amounts disclosed in the applicable pricing page, checkout, order form or plan agreement. Unless expressly stated, displayed fees exclude applicable taxes.

A success fee is calculated on the amount successfully raised through the activities covered by the applicable plan and may be deducted at remittance. Refunds, reversals, chargebacks and taxes may affect the calculation. The exact rate and calculation base shown in the accepted plan or order form control.

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 may offer Basic, Growth and Enterprise plans, or successor plans. Features, Campaign limits, service levels, subscription fees and success fees are those disclosed when the Organization subscribes or in its order form.

Unless an order form states otherwise, a paid monthly subscription begins when activated, renews monthly, and may be cancelled before the next renewal through the account or by contacting support. Cancellation takes effect at the end of the current paid period; amounts already due remain payable. Gively will provide any contract copy, notice, cancellation right, refund or renewal control required by applicable consumer law.

An upgrade may take effect immediately with a prorated charge. A downgrade may take effect at the next renewal and may remove features or require data export or workflow changes. Enterprise services may be subject to a separate agreement.

FIaaS involves professional effort but not a guarantee of 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 deductions, net funds will be remitted to the verified Recipient account according to the schedule disclosed in the Campaign, dashboard, plan agreement or payment-provider terms.

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. Where a Donation is made to a participating Canadian registered charity or other qualified donee, the Recipient determines whether an official receipt may lawfully be issued and issues it under its own name, registration number, authority and responsibility. Gively may provide technology to prepare, process and deliver that receipt.

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.

A benefit or advantage associated with a Donation can reduce the eligible amount of a gift or prevent an official receipt. Where checkout offers an election between an official tax receipt and GLT, the Donor must choose one. Under Gively’s current product design, a Donor who elects GLT receives a non-tax receipt and no official charitable donation receipt for that Donation.

Gively does not provide tax advice or guarantee eligibility, credit value or treatment. Donors and Recipients should obtain their own advice. Receipt errors must be reported; users must not alter official receipts.

15. GLT and GivelyDF

Gively Love Token (“GLT”) is a non-cash recognition and engagement unit administered through GivelyDF. It is not money, cryptocurrency, stored value, a security, a deposit, legal tender, property redeemable for a guaranteed value, or an investment. It does not confer ownership, voting rights in Gively, profit rights, repayment rights or a financial return.

Under the approved Canada-first model, an eligible Donor who elects GLT earns 1 GLT for each complete C$25 of eligible verified Donations, calculated in Canadian dollars. Foreign-currency Donations are converted for this purpose using the applicable transaction-date rate. Incomplete C$25 increments may be carried forward only where the then-current GLT rules expressly permit it.

GLT is issued only after a Donation is successfully processed and verified. It 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.

GLT may establish eligibility for recognition, impact content, participation opportunities or selected experiences. Benefits are subject to availability, location, eligibility, partner terms and the then-current GLT rules. Recognition levels do not guarantee a reward or monetary value.

Merchant redemption and other future functionality are unavailable until explicitly marked “Available.” References to planned providers, merchants, dates or benefits are not guarantees or partnership representations. 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. Additional GivelyDF Terms apply when a user claims, manages or uses GLT; if they conflict on GLT administration, the GivelyDF terms govern.

15.1 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 does not guarantee 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.

Information may be shared with the Recipient, payment processors, identity or banking verification providers, hosting and technology providers, professional advisers, authorities, and GivelyDF where necessary for the disclosed service and subject to appropriate safeguards.

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.

No system is completely secure. Gively will apply safeguards appropriate to the sensitivity of the information and will respond to security incidents as required by 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. [Counsel to confirm language and consumer-law requirements.] 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.

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 separate donor-recognition and engagement platform through which eligible users may claim and manage GLT and view giving history and a Lifetime Impact Certificate.

GLT. Gively Love Token, the non-cash recognition and engagement unit described in section 15.

Proof of Giving. documentary or digital evidence of an eligible completed Donation submitted or transmitted for verification under section 15.1.

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.