Introduction & Acceptance: This End-User License Agreement (“EULA”) is a binding agreement between Givvu Software Inc. (“Givvu”) and you, the individual end user (“End User” or “Donor”), who uses the Givvu platform to make or manage donations to nonprofit organizations. By clicking “Submit” or a similar assent button, or by otherwise accessing or using the Givvu platform as a donor, you agree to the terms of this EULA. If you do not agree, you must not use the platform. This EULA is a click-through agreement designed to protect Givvu’s rights in its software and to set the rules for your use. It does not govern the terms of your donation itself (which is a matter between you and the recipient nonprofit), but it does govern your use of Givvu’s technology. The terms are one-sided in that they primarily protect the software provider (Givvu) and its proprietary platform, as is standard for end-user license agreements.
License Grant: Subject to your compliance with this EULA, Givvu grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Givvu web-based and/or mobile application platform (“Platform”) solely for your own personal, non-commercial purposes of donating goods, services, or funds to participating nonprofit organizations and managing your donation history. This license allows you to use the Platform’s functionality (such as searching for needs, pledging donations, printing receipts, etc.) only as intended and permitted by Givvu. All rights not expressly granted to you are reserved by Givvu. You acquire no ownership or proprietary interest in the Platform or any software or content provided by Givvu. Givvu may revoke this license at any time if you violate the EULA.
Permitted Use and Restrictions: You agree to use the Platform only for lawful purposes and in accordance with this EULA. You shall not at any time, directly or indirectly:
Any violation of the above use restrictions will be considered a material breach of this EULA and may result in immediate termination of your rights to use the Platform. Givvu reserves the right to monitor usage and to investigate and take action (including legal action) against any user who, in Givvu’s sole discretion, violates these terms or is suspected of fraud or other abuse.
User Accounts and Security: You may be required to create an account or profile to use certain features of the Platform. You agree to provide accurate and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify Givvu at support@givvu.app of any unauthorized use of your account or any other breach of security. Givvu will not be liable for any loss or damage arising from your failure to keep your account secure. Givvu may require you to change your password if it believes your account is no longer secure.
Privacy and Data Use: By using the Platform, you acknowledge that Givvu will collect and process certain personal information about you (such as your name, contact information, and donation history) in order to facilitate your donations and operate the Platform. Givvu’s processing of your personal data is subject to Givvu’s Privacy Policy, which is hereby incorporated into this EULA by reference. You should review the Privacy Policy to understand how Givvu collects, uses, discloses, and protects your information. Consent: You consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy and this EULA. In particular, you agree that Givvu may share relevant information about your donations with the nonprofit organization to which you are donating, as needed for that organization to issue official donation receipts and acknowledgments. The nonprofit is independent of Givvu and will have its own obligations under privacy and charity laws to safeguard your information; however, Givvu will use contractual or other means to ensure that nonprofits receiving data via the Platform handle it in compliance with applicable privacy laws.
Donor’s Obligations: You represent and warrant that all information you provide in the Platform (including donation details, messages, or any uploaded content) is truthful and accurate. If you pledge a donation of goods or services, you agree that you have the right to donate those items and that they are not illegal or hazardous. You will honor any pledges you make through the Platform; repeatedly failing to fulfill donation pledges may result in suspension of your account or IP address. You also agree not to misuse any personal information of charities or other donors that you might obtain through the Platform.
Intellectual Property (IP) Rights: All content and materials available on the Platform, including but not limited to software, text, graphics, logos, button icons, images, digital downloads, and data compilations, are the property of Givvu or its licensors and are protected by copyright, trademark, and other intellectual property laws. Givvu™ and the Givvu logo are trademarks of Givvu. License to Use Platform Content: Givvu grants you a limited license to view and use the content made available to you through the Platform for the sole purpose of participating in the donation services. You must not use Givvu’s content for any commercial purpose or in any way that infringes Givvu’s IP rights. User Content: If you submit any content (such as a comment, testimonial, or image) to the Platform (where such features are enabled), you grant Givvu a worldwide, royalty-free, sublicensable license to use, reproduce, modify, and display your content for the purposes of operating and improving the Platform and for Givvu’s internal business purposes. You represent that you have all necessary rights to any content you submit and that such content does not violate any third-party rights. Givvu does not pre-screen user content but reserves the right to remove any content that violates this EULA or applicable law.
Third-Party Links or Services: The Platform may contain links to third-party websites or integrate third-party services (for example, a payment gateway to process monetary donations, or mapping services to show drop-off locations). Such links and services are provided for your convenience. Givvu does not endorse and is not responsible for third-party resources and has no control over their content or practices. If you choose to visit or use any third-party links or services, you do so at your own risk and should review their terms of use and privacy policies. Givvu has no liability for any damages or losses incurred in connection with third-party sites or services.
Warranties and Disclaimers: Givvu makes no warranties or conditions of any kind to you regarding the Platform, except that Givvu will employ reasonable measures to provide the Platform with care and skill. You expressly understand and agree that:
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not fully apply to you. In such cases, any implied warranties are limited to the minimum scope and duration permitted by law.
Limitation of Liability: To the fullest extent permitted by applicable law, Givvu (and its officers, directors, employees, and agents) shall not be liable to you for any indirect, incidental, special, consequential or punitive damages whatsoever arising out of or related to your use of or inability to use the Platform or any donation transactions facilitated by it. This exclusion includes, without limitation, damages for lost donations, lost profits or revenues, loss of data, cost of procurement of substitute services, or any emotional distress or inconvenience. In no event will Givvu’s total cumulative liability to you for all claims arising from or relating to this EULA or the Platform exceed CAD $100 (one hundred Canadian dollars) or the amount you have paid to Givvu for use of the Platform in the past 12 months (if any), whichever is greater. The existence of multiple claims will not enlarge this limit. The foregoing limitations apply whether the claims are based in contract, tort, negligence, strict liability, or any other legal theory, even if Givvu has been advised of the possibility of such damages.
Exceptions: Givvu does not seek to exclude or limit liability for gross negligence, wilful misconduct, or fraud, or for any liability that cannot be excluded under law. For residents of Québec (if applicable), the above limitations of liability shall not have the effect of limiting the rights of consumers under Québec’s consumer protection law if and to the extent such law applies. However, this EULA primarily governs a free service to facilitate donations and is not a consumer sale of goods or services in the traditional sense.
Indemnification: You agree to indemnify and hold harmless Givvu and its affiliates, officers, employees, and agents from any claim, demand, loss, or damages, including reasonable legal fees, arising out of or related to your violation of this EULA, your misuse of the Platform, or your violation of any law or third-party right in the course of using the Platform. For example, if you upload content that infringes someone’s copyright, or if you misuse a donor receipt for fraudulent purposes, you will be responsible for the consequences and will cover Givvu’s costs if it faces any legal claims as a result. Givvu will provide notice to you of any such claim and may (at your expense) allow you to assume control of the defense, provided you give assurance of your ability to indemnify and handle the matter properly.
Termination of Use: This EULA is effective from the moment you accept it and continues until terminated. Givvu may, in its sole discretion, suspend or terminate your access to the Platform (or any part of it) at any time, with or without notice, if you violate any term of this EULA or if we discontinue the Platform. You may also terminate this EULA at any time by deleting your account (if account-based) or by ceasing all use of the Platform. Upon any termination: (a) the license granted to you will automatically cease; (b) you must immediately stop using the Platform; and (c) Sections of this EULA that by their nature should survive (such as intellectual property ownership, disclaimers, limitations of liability, and dispute resolution) shall survive. Givvu shall have no liability to you or any third party for termination of your access to the Platform in accordance with this EULA. If your account is terminated due to a breach of this EULA, you are not entitled to any compensation or restoration of your account. If you believe your account was terminated in error, you may contact Givvu support to request reinstatement, but Givvu’s decision will be final.
Governing Law and Dispute Resolution: This EULA and any dispute arising from it or the use of the Platform are governed by the laws of Canada and the Province of British Columbia, excluding its conflicts of law rules. If you reside outside of British Columbia, you still agree that the laws of British Columbia (and Canada) govern your use of the Platform, and not any local consumer protection laws of your province/state or country, to the extent permissible. However, if you are entitled under mandatory law to the protection of the consumer protection laws of your jurisdiction of residence, nothing in this EULA affects your rights under those laws. Jurisdiction: All disputes shall be subject to the exclusive jurisdiction of the courts of the Province of British Columbia. You agree to submit to the personal jurisdiction of such courts. If you are using the Platform outside Canada, you understand and agree that your data may be stored in Canada and that by using the Platform you are initiating a relationship with a Canadian entity, to which Canadian law will apply.
Severability: If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. An unenforceable term will be interpreted to accomplish its essential purpose to the greatest extent possible under law.
No Waiver: Givvu’s failure to enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.
Updates to EULA: Givvu may modify this EULA from time to time. We will provide notice of material changes (e.g., via the Platform or email). Your continued use of the Platform after changes become effective constitutes acceptance of the revised terms. If you do not agree to the updated EULA, you must stop using the Platform.
Entire Agreement: This EULA, together with the Privacy Policy, constitutes the entire agreement between you and Givvu regarding your use of the Platform as an end user, superseding any prior agreements or communications (whether oral or written) relating to the subject matter. For clarity, this EULA is separate from any agreement between Givvu and any nonprofit organization and does not alter the terms of any donation you make (aside from how the Platform facilitates it).
Contact Information: If you have any questions about this EULA or the Platform, or wish to contact Givvu for any reason, please contact us at: Givvu Software Inc. – 304-523 W King Edward Ave, Vancouver, BC V5Z 0J3, Email: support@givvu.app, Attn: Legal Department.