1. Introduction
1.1. Purpose of the Terms: These Terms of Service apply to the GivingTech Platform, including our website at israelgives.org, our fundraising platform FundMe, and any new features and websites we might add. They help define our relationship with you when you use the Platform.
1.2. Acceptance of Terms: By using any of our Services or the Platform, you agree to these Terms of Service. This means you understand and accept all the rules about using our Services. Whether you are contributing to a Fundraiser as a Donor, starting a Fundraiser, using the Platform as a non-profit organization, or otherwise interacting with the Services, these terms apply to you.
1.3. Quick Note on Arbitration: If you're using GivingTech in the US, Israel, Australia, or Canada, any disagreement or legal issue between you and GivingTech will be resolved through binding arbitration, not in court. This means you also waive your right to be part of a class action lawsuit.
2. Definitions
Here are the key terms used throughout these Terms of Service:
2.1. Account: A unique account created by a User to access and use the Services.
2.2. Affiliates: Any entity that directly or indirectly controls, is controlled by, or is under common control with GivingTech. This includes subsidiaries, sister companies, parent companies, and related entities.
2.3. Beneficiary: The individual, group, or entity for whose benefit the Fundraiser is conducted, or the non-profit organization intended to receive the funds donated.
2.4. Listed NPO: Any non-profit organization listed in the GivingTech database of registered charities.
2.5. Profile Page: A profile of a non-profit organization hosted on the IsraelGives or GivingTech websites.
2.6. Donor: Any individual or entity that contributes funds to a Fundraiser or to a non-profit organization through the Services.
2.7. Fundraiser: A tool initiated on the Services to raise funds for a specific purpose for a Beneficiary.
2.8. NPO: A non-profit organization established for charitable purposes under applicable laws, eligible to receive donations through the Platform.
2.9. Organizer: An individual or entity (including a non-profit organization) who initiates and manages a Fundraiser on the Platform.
2.10. Platform: The entire suite of online Services provided by GivingTech and its Affiliates, including our website, mobile applications, and related services or technologies.
2.11. Services: The various features, functionalities, and tools provided by GivingTech and its Affiliates through the Platform, enabling Users to create and manage Fundraisers, donate, and manage and engage with donors.
2.12. Services Content: All content and materials provided by GivingTech on the Services, including text, graphics, logos, images, and software, excluding User Content.
2.13. Software: The proprietary software and applications provided and owned by GivingTech that enable users to access and use the Services.
2.14. Third Party Resources: Any websites, Services, content, or resources provided by entities other than GivingTech or its Affiliates, accessible through the Services.
2.15. Transaction Fee: A fee charged by GivingTech or its payment processors for processing donations. To learn more, visit GivingTech pricing in Israel and outside of Israel.
2.16. Transfers: The process of moving funds raised through the Services to the Beneficiary's bank account.
2.17. User: Any individual or entity that accesses, registers for, or uses the Platform, including Organizers, Donors, and Beneficiaries.
2.18. User Content: Any content, including text, images, videos, and other materials, that a User posts, uploads, submits, or shares with other Users on or through the Services.
2.19. User Conduct: The behaviors and actions of Users while using or accessing the Services.
2.20. GivingTech Knowledge Base: A collection of articles detailing the usage of the Services.
2.21. International Partner: An NPO that serves as a strategic fundraising partner for GivingTech in a particular geographic region.
3. The Services We Provide
3.1. Description of the Services provided: We provide a Platform for individuals, entities, or nonprofits to create Fundraisers to collect donations from Donors for themselves or a third party. We operate under the brand names FundMe, IsraelGives, GivingTech, and DAFTech, offering donor management, fundraising, and Donor Advised Fund services.
3.2. Our Role and Limitations: Our Services help run Fundraisers and assist non-profits in managing and fundraising from Donors. We do not control or endorse any User, Fundraiser, non-profit, or cause. As a Donor, it's up to you to decide if a cause is worthy of your support.
3.3. Modification, Suspension, or Termination of the Services: We may change, pause, or stop some or all of the Services at any time for any reason. We will try to minimize disruptions, but sometimes we may not be able to give advance notice, especially in emergencies or when required by law. We are not responsible for any issues these changes may cause.
4. Account Creation and Eligibility Requirements
4.1. What You Need for Registration: When you sign up for our Services, you must provide accurate and complete information about yourself, or your NPO. This includes your real name, address, phone number, and other content. Keep this information up to date to ensure smooth operation. Our Privacy Notice and these Terms of Service govern the data and any other information that you provide.
4.2. Compliance with Third-Party Services: You might need to register with third-parties that we work with, agreeing to their terms. If we or our third-party providers find that the information you provided is inaccurate, violates our Terms of Service, or if you misuse the funds, we may immediately suspend or terminate your access to our Services. You could also face criminal charges.
4.3. Age Restrictions: If you are under 16 years old, you cannot use the Platform or Services.
4.4. Keeping Your Account Safe: You are responsible for keeping your password and account information confidential. Do not share your password with anyone. If you think someone else has used your Account without permission, inform us immediately. Always log out of your Account when you’re done using it, especially on shared computers. If you don’t keep your Account safe, GivingTech won’t be responsible for any losses you may incur.
4.5. Know-your-customer: Users based in Israel, or those creating a Fundraiser, will need to undergo a know-your-customer identification process. This involves providing identifying information and a digital identity validation process.
5. Payment Processors
5.1. GivingTech and Third Party Payment Processors: GivingTech (as IsraelToremet Ltd.) is licensed as a financial services institution and provides payment processing services in Israeli Shekels (NIS) via credit card, Paypal, and Bit. It handles payment processing and holds donated funds in trust. Credit card processing is managed by Cardcom and Isracard.
NPOs can choose to process NIS payments using a third-party processor. We support Isracard, Cardcom, CAL, Max, and Paypal.
For other currencies, payment processing is done by Stripe and Paypal.
By making a Donation, setting up a Fundraiser, registering for GivingTech's payment processing services, or accepting the role of Beneficiary to a Fundraiser, you agree to the processing, use, Transfer, or disclosure of data by the Payment Processors per these Terms of Service and the applicable terms set by the Payment Processors.
For each Payment Processor's terms of service, please visit their respective websites.
5.2. Processing NIS payments: Fundraisers will use GivingTech as the Payment Processor for NIS payments. NPOs can choose between a third-party processor and GivingTech. To connect the Payment Processor to GivingTech services, NPOs will need to complete an onboarding process.
NPOs with a valid Section 46 approval may also request that donations be processed and receipted by the IsraelGives Foundation. The Foundation will receipt the donor and re-grant the funds to the Beneficiary as a charitable donation.
5.3. NPOs - Processing international payments: To process international (non-NIS) payments, NPOs will connect their Stripe and/or Paypal accounts to the GivingTech platform. All payments will be processed and credited to the NPO through these providers, with tax-receipts issued to donors in the name of the NPOs.
NPOs may also choose to process international payments through GivingTech's International Partners. Payments will flow to, and be receipted by, the international partner. The donation is then the legal property of said International Partner, and it maintains exclusive legal and financial authority over funds donated to it, irregardless of the donor's recommendation or allocation.
Receiving donations through international partners requires an onboarding and approval process detailed on the GivingTech websites. If, at the conclusion of the process, said International Partner decides that it wishes to re-grant funds to the NPO as a charitable donation, it may transfer said funds directly to the NPO, or may do so through GivingTech, which will then transfer the funds to the NPO according to the transfer periods detailed on the GivingTech Knowledge Base.
If a donation is received by the International Partner or by GivingTech and the NPO does not meet the international partner’s eligibility conditions within 180 days, the donation will be re-allocated towards a different social cause.
5.4. IsraelGives.org website and fundraising:: The IsraelGives.org website provides information on all of Israel's registered and active NPOs. It allows Users to donate to or fundraise for any NPO that has registered for GivingTech services, or for unregistered NPOs with an active Section 46 approval.
6. User Responsibilities and Obligations
6.1. Organizers: As an Organizer, you must provide accurate, complete, and clear information about your Fundraiser and your non-profit organization. You are responsible for describing how funds will be used and ensuring they are used for that specific purpose. You may post updates to inform Donors how their money is being used and the progress of your Fundraiser. If you're raising funds on behalf of someone else, you must reveal that as part of the KYC process, and ensure all funds raised are given to or spent on behalf of that Beneficiary. By adding a Beneficiary, you transfer control of the donations for your Fundraiser to the Beneficiary. Follow all laws and regulations related to your Fundraiser. If using personal data from anyone, you must have their permission to share it. We may share information about your Fundraiser with Donors, the Beneficiary, legal authorities, and as described in our Privacy Notice.
(a) You Agree to Cooperate: When using our Services, you agree to cooperate fully with any request for evidence to verify your compliance with these Terms of Service. Our requests may include asking you to: explain how funds were or will be handled, supply documentary evidence of the circumstances described in your fundraising activities, supply proof of how funds were or will be used, or provide information about your non-profit organization and its staff. We reserve the right to refuse, condition, suspend, freeze, or ban any Donations, Accounts, Fundraisers, Transfers, or other transactions that we believe may violate these Terms of Service or harm the interests of our Users, business partners, the public, or GivingTech, or expose you, GivingTech, or others to risks we deem unacceptable.
(b) Prohibited Conduct: We do not tolerate any form of verbal violence, abusive language, or threats directed at our staff, users, or any individuals involved with the Platform. Any user engaging in such behavior will be subject to immediate action, which may include suspension or permanent termination of access to the Platform. We reserve the right to take necessary legal action against individuals who violate this policy.
6.2. Donors: When you donate money on GivingTech, it’s your responsibility to understand how your donation will be used, and you donate at your own risk. We are not responsible for what Organizers or non-profits promise or offer in their Fundraisers, Profile Pages, or solicitations. We are not responsible for verifying information on Fundraisers or Profile Pages, nor do we guarantee that Donations will be used as stated by a User or Fundraiser. However, we take reports of fraud or misuse of funds seriously and will take appropriate action against any Fundraiser or User that violates our Terms of Service.
(a) Making Donations: When you donate to a Fundraiser or NPO through GivingTech, and use a credit card or other payment method that belongs to you, your payment information must be correct, and you must be authorized to use your payment method. By donating, you agree to allow our payment processors to handle your payment information according to their rules and these Terms.
(b) Recurring Donations: By opting into Recurring Donations, you authorize GivingTech and its third-party providers to charge your designated payment method without further authorization. The specified donation amount will be charged at the frequency you select (e.g., monthly) until you cancel the recurring donation.
You may cancel your recurring donation at any time by contacting us or through your account’s cancellation feature. Cancellation will take effect promptly, and no further donations will be processed after the cancellation date. However, donations processed before cancellation will not be refunded.
(c) Refunds and Disputes: If you believe an error occurred with your donations, contact us immediately to resolve the issue. Any fraud disputes or chargebacks initiated with your payment provider may be contested by us based on this authorization.
(d) Reporting Concerns: We take reports of fraud or misuse of funds seriously. If you believe a User or Fundraiser is not raising or using funds for their stated purpose, contact us to alert our team, and we will investigate.
(e) No Restrictions When You Donate to NPOs: Reflecting tax law, if you donate to an NPO, you can’t decide exactly how your donation is used. Even if you donate for a specific project or tell the NPO how you’d like your donation used, these instructions are just recommendations. The NPO has the final say and can use all donations at their discretion.
(g) We share your Information with NPOs you Donate to: We share your personal information with the NPO you donate to, per our Privacy Notice. GivingTech isn’t responsible for how the NPO uses your information.
6.3. NPOs: If you use the service to fundraise as an agent for an NPO or claim or manage an account for an NPO on our Services, you must be authorized to do so and follow all applicable laws. We may seek additional verification to confirm your authorization. To use the Services, your NPO must remain registered and complient with the appropriate authorities.
(a) Refunds after payouts: If a Donor gets a refund of their donation and the funds have already been transferred to the NPO, the refunded amount will be deducted from future payments to the NPO. If necessary, the funds will be claimed from the NPO's bank account via direct debit. In any circumstance, the NPO agrees to pay back the full amount of any refunded donation to GivingTech.
(b) Adding or Claiming your NPO on the Services: Our Services may include Profile Pages with information about NPOs. An authorized representative from the NPO can claim these pages and manage their presence on the Services.
(c) Removing your NPO from GivingTech: If you are an authorized representative of an NPO and want it removed from GivingTech, email us at info@givingtech.org with your full name, job title, and your NPO’s email and ID number. Keep in mind, removing your NPO from our database means it can no longer receive donations through GivingTech.
(d) Receiving Funds: As an NPO, when you receive donations, the total amount will be reduced by our Transaction Fees and subject to the applicable Payment Processor’s procedures and terms.
6.4. Tax Responsibilities for Organizers, NPOs, and Beneficiaries: As an Organizer, Beneficiary, or NPO, you are responsible for paying any applicable taxes on the donations you receive. You must calculate, report, and pay the correct amount of tax to the tax authorities.
7. Transfers, Holds & Chargebacks
7.1. Transfers: While we strive to make Transfers available to you promptly, our ability to do so is dependent upon Users providing the right information and upon our technical systems operating as intended. You acknowledge and agree that: (i) Transfers may not be available to you for use immediately; (ii) we do not guarantee that Transfers will be always available to you within any specific time frame, but we will use commercially reasonable efforts to provide Transfers as soon as reasonably possible, and as per the transfer dates listed on GivingTech's Knowledge Base; (iii) you will cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service; and (iv) to the extent permitted by applicable law, we expressly disclaim any and all responsibility for any delay in Transfers or your inability to access and use donated funds at any specified time, and any consequences arising from such delay or inability. We will use commercially reasonable efforts to let you know when you can expect to receive the Transfer and to provide a clear timeframe whenever possible.
(a) You must provide accurate info: You, as an Organizer and/or Beneficiary, are responsible for (i) verifying your personal information and bank account information; and (ii) ensuring that the information you provide to GivingTech and/or its Affiliates in order to process a Transfer, including bank account information, is accurate and up to date.
(b) Refunds: We may, without notice and in our sole discretion, offer or issue a refund of Donation(s), which may comprise the entire amount donated to your Fundraiser or to your NPO. To the extent permitted by applicable law, we are not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by us issuing refunds, including, but not limited to transaction or overdraft fees.
7.2. Transfer Holds: We may, in our sole discretion, place a hold on a Fundraiser, restrict Transfers, initiate a reverse bank Transfer, secure reserves, or take similar actions to protect our Users (any of these actions may be referred to as a “Hold”). We may put a Hold on your Fundraiser or Account for several reasons, including but not limited to:
(a) We need more information to verify that your Fundraiser or NPO complies with our Terms of Service, or we have determined that a Fundraiser, NPO, or User has violated our Terms of Service;
(b) Our determination that the funds should be provided directly to a person other than the Organizer, such as a legal Beneficiary or person entitled by law to act on behalf of an Organizer;
(c) We have identified activity on your Fundraiser or in your NPO that introduces risks unacceptable to us;
(d) Such action is required to comply with a court order, injunction, writ, or as otherwise required under applicable law and regulations.
If you have questions about a Hold we may have placed on your Fundraiser or Account, or need information about how to resolve the Hold, please contact us at info@givingtech.org.
7.3. Payment Processor Chargebacks: Occasionally, a Donor may dispute a credit card charge for a Donation through the Services or submit a request for a refund. In situations where the Cardholder is not alleging that a fraudulent donation has been made (i.e. that the transaction was not made by the cardholder), the Cardholder should always attempt to resolve the dispute with the Organizer or with us before pursuing a chargeback.
We will review each chargeback request to determine whether the chargeback is legitimate, and if we determine a chargeback is not legitimate, we may use information submitted by you and/or at our disposal at the time of donation to defend that chargeback.
8. Prohibited Fundraisers and Related User Content
This Section includes our rules about prohibited and/or illegal Fundraisers and User Content. We may remove any User Content–including any Fundraisers–that we determine violates these Terms of Service. Further, if you violate these Terms of Service, we may ban or disable your use of the Services, stop payments to any Fundraiser, freeze or place a hold on donations and Transfers, report you to law enforcement authorities, or take any other appropriate legal action.
We may investigate a Fundraiser, an NPO, a User or User Content at any time to ensure compliance with these Terms of Service. In doing so, we may consider all available material, including but not limited to social media, related news, and any other information that we deem relevant in our review. Please note that while we reserve the right to remove, edit, or modify any content on our Platform at our sole discretion, we are not obligated to do so. This includes content that is illegal, inaccurate, misleading, infringes on intellectual property rights, or violates these Terms of Service.
You agree that you will not use the Services or Platform to raise funds or establish any Fundraiser for the purposes of promoting or involving:
8.1. The violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers that are utilized in connection with the Services;
8.2. Fundraisers that are fraudulent, misleading, inaccurate, dishonest or impossible;
8.3. Offensive, graphic, perverse or sexual content;
8.4. The funding of a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
8.5. Purchase or use by an organization or individual of drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, or prohibited at the state or national level;
8.6. Activities with, in, or involving countries, regions, governments, persons, or entities that are subject to economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority and by our payment service providers;
8.7. Any attempt to bypass or otherwise circumvent payment processing rules and regulations, or these Terms of Service;
8.8. Any activity in support of terrorism, extremism, hate, violence, harassment, bullying, discrimination, terrorist financing, extremist financing, or money laundering;
8.9. User Content that reflects, incites or promotes bullying, harassment, discrimination, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, disabilities or diseases;
8.10. The legal defense of financial and violent crimes, including those related to money laundering, murder, robbery, assault, battery, sex crimes or crimes against minors;
8.11. User Content that promotes self-harm or suicide except as permitted by law in a clinical setting;
8.12. Any activity that disguises, conceals, or otherwise obscures the origin of funds;
8.13. Payments for any offer or campaign that is not legitimate and/or clearly lacking a charitable or social purpose, as we may determine in our sole discretion;
9. Prohibited Content
You are responsible for ensuring that any and all User Content you submit, post, upload, or otherwise make available or share with others on or through the Services does not violate these Terms of Service or any applicable law. We may review any User Content at any time to ensure compliance with these Terms of Service.
10. Changes to Our Terms of Service
We may revise and update these Terms of Service from time to time at our sole discretion. If we make changes, we will notify you by posting the updated Terms of Service on our Platform and updating the “Last Updated” date. We may also, in our sole discretion, notify you through the Services, via email, or through other reasonable means. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
11. Dispute Resolution & Arbitration
11.1. Agreement to Arbitrate: By using the Services, you agree that any disputes or claims between you and GivingTech, including disputes and claims arising out of or relating to these Terms of Service or your use of the Services, will be resolved by binding arbitration, rather than in court.
11.2. Class Action Waiver: You and GivingTech agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
11.3. Governing Law and Jurisdiction: These Terms of Service are governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Israel for any disputes or claims not subject to arbitration.
11.4. Costs: Each party will be responsible for its own costs of arbitration, including attorney’s fees, unless the arbitrator determines that such costs should be awarded to the prevailing party under applicable law.
12. Disclaimers and Limitations of Liability
12.1. Disclaimers: The Services are provided on an “as is” and “as available” basis. We disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected. We are not responsible for any third-party conduct or User Content on the Services.
12.2. Limitation of Liability: To the fullest extent permitted by law, GivingTech and its Affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; (iv) any bugs, viruses, or the like that may be transmitted to or through the Services by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (vi) User Content or the defamatory, offensive, or illegal conduct of any third party.
13. Indemnity
You agree to indemnify, defend, and hold harmless GivingTech and its Affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms of Service.
14. Miscellaneous
14.1. Severability: If any provision of these Terms of Service is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms of Service will remain in force.
14.2. Waiver: No waiver of any term or condition of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GivingTech's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
14.3. Assignment: These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GivingTech without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
14.4. Entire Agreement: These Terms of Service constitute the entire agreement between you and GivingTech and govern your use of the Services, superseding any prior agreements between you and GivingTech with respect to the Services.
14.5. Contact Information: If you have any questions about these Terms of Service, please contact us at: info@givingtech.org.
15. Governing Law
These Terms of Service and your use of the Services will be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law principles.
16. Jurisdiction
Any legal action or proceeding arising out of or relating to these Terms of Service or your use of the Services shall be brought exclusively in the courts of the State of Israel, and you irrevocably consent to the jurisdiction of such courts and waive any objection to such courts on the grounds of venue, jurisdiction, or inconvenience.
17. Additional Terms
Certain Services we offer may be subject to additional terms and conditions. By using such Services, you agree to comply with any such additional terms and conditions, which are hereby incorporated by reference into these Terms of Service.
18. Third Party Links and Resources
The Services may contain links to third-party websites or resources. We provide these links for your convenience only and do not control or endorse any such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
19. Promotional Offers
We may, from time to time, offer certain promotions, discounts, or special offers to Users (“Promotional Offers”). These Promotional Offers may be subject to additional terms and conditions, which will be provided to you at the time of the Promotional Offer. You agree to comply with any such additional terms and conditions. We reserve the right to modify or cancel Promotional Offers at any time without notice.
20. Fees
20.1. Fees: GivingTech does not charge fees to donors, but rather charges fees to the Beneficiary. This fee may be deducted from the donation sum before its Transfer to the Beneficiary. It may also be charged to the Beneficiary separately. Fees for international Fundraisers and NPOs are listed here. Fees for Israeli NPOs are listed here and for Fundraisers here.
20.2. Tips: In lieu of us charging the Beneficiary a platform fee, a donor may leave a tip to GivingTech. This tip is either charged to the donor as a separate transaction, or included as part of the donation and then charged as a fee to the Beneficiary.
20.3. Off-site transactions: In the event that a payment is made not through the GivingTech platform but using a GivingTech or International Partner merchant account, the applicable fees will be identical to those fees that would have applied had the transaction been made through the GivingTech platform.
21. Transfers
21.1. Timing: Transfers are made to Beneficiaries according to the transfer dates as detailed in the GivingTech Knowledge Base.
21.2. Conditions: Transfers are made to Beneficiaries subject to the fundraising conditions of the International Partner. For charities based in Israel, transfer of funds is also dependent on the following:
- Completion of a Know-Your-Customer process, including digital biometric identification of the NPO's 2 signatories.
- Submission of bank details, and a valid direct-deposit (הוראת קבע) authorization.
22. Miscellaneous
22.1. Language: These Terms of Service and all related documents are written in English. If they are translated into any other language, the English version shall prevail in the event of any conflict or inconsistency.
22.2. Independent Contractors: You and GivingTech are independent contractors, and these Terms of Service do not create any agency, partnership, joint venture, employee-employer relationship, or franchiser-franchisee relationship.
22.3. Third-Party Beneficiaries: These Terms of Service do not and are not intended to confer any rights or remedies upon any person other than you and GivingTech.
22.4. Construction: The headings used in these Terms of Service are for convenience only and will not affect the interpretation or construction of these Terms of Service.
22.5. Survival: The provisions of these Terms of Service that by their nature should survive termination will survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
22.6. No Agency: Nothing in these Terms of Service shall be construed to create a partnership, joint venture, agency, or employment relationship between you and GivingTech. You shall have no authority to bind GivingTech by contract or otherwise.
By continuing to use the Services, you agree to abide by these Terms of Service.