Donor
Terms of Use

These Terms of Use (the “Terms”) are a binding contract (“Agreement”) by and between you (“you.” “your,” or “Donors”) and Better Giving, Inc. (“Better Giving,” “we,” “us,” or “our”). Better Giving is a public charity recognized by the Internal Revenue Service (the “IRS”) under Section 501(c)(3) of the Internal Revenue Code (Federal Tax ID # 87-3758939).

Better Giving provides and offers a charitable giving platform (the “Platform”) which enables Donors to make charitable contributions to Better Giving and make grant recommendations to qualified nonprofit organization(s) (“NPOs”) on the Platform to advance their missions. Better Giving accepts contributions of fiat currency, cryptocurrency and securities from Donors on the Platform and makes charitable grants to NPOs.

In furtherance of its charitable mission, Better Giving (1) receives donations from Donors and makes follow-on grants to NPOs based upon Donor recommendations; (2) provides fiscal sponsorship services to qualifying NPOs, and accepts donations and grants on their behalf; and (3) maintains and manages a board designated endowment fund (or quasi-endowment) (hereinafter the “Fund”) to support NPOs with sustainable grant funding, at Better Giving’s sole discretion.

By making donations to Better Giving, you acknowledge and represent that you (i) agree that these Terms are supported by reasonable, valuable and sufficient consideration, (ii) acknowledge the receipt of such consideration, and (iii) state that you have read and understand, and agree to be bound by these Terms.

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when posted.

The headings and subheadings are for reference only and do not limit the terms or application of the applicable section. Your trust is very important to us. If you have questions about this Agreement, please email support@better.giving.

1. Terms and Conditions for Donations

   1. Control of Funds. By making a donation, you understand, acknowledge and agree that you are making a charitable donation to Better Giving, a public charity recognized by the Internal Revenue Service as a tax-exempt organization under Internal Revenue Code 501(c)(3). You understand, acknowledge and agree that all donations made to Better Giving are irrevocable, unrestricted and non-refundable charitable contributions and that Better Giving has full and exclusive legal control over any and all donated funds or assets.
   2. Authority. By making a donation to Better Giving, you hereby represent and warrant that you have the legal authority to make a donation and that any and all funds or assets donated to Better Giving belong to you and are free and clear of any and all encumbrances. Better Giving will provide you with a receipt for your donation in accordance with applicable tax laws.
   3. Donation Frequency. When you make a donation on the Platform, you may do so by either making a one-time donation, or by making a recurring donation. If you would like to stop your recurring donation, you may do so at any time by logging into the Platform and adjusting your donation settings. In the event you are making a recurring donation to support an NPO that is no longer eligible to receive grants from Better Giving, we will issue notification to you and provide the option to either recommend another NPO to support with your donations or halt your recurring donation.
   4. Compliance. All donations made to Better Giving must comply with Better Giving’s Gift Acceptance Policy, and Better Giving reserves the right in its sole discretion to deny any gift or donation made on the Platform. By making a donation to Better Giving, you represent and warrant that you are not a restricted individual or entity as identified by the Office of Foreign Assets Control (OFAC).
   5. Grant Recommendations: When you make a donation to Better Giving, you may recommend a specific qualified NPO to be supported by your donation to Better Giving. We retain the ultimate authority and discretion to approve and disburse any grants in accordance with this Agreement and any applicable laws and regulations.
   6. NPO Eligibility and Variance Power. On an ongoing basis, we will take steps to confirm that each NPO you make grant recommendations to, is registered as a public charity in good standing under Section 501(c)(3) of the Internal Revenue Code or in the case of non-US organizations, recognized as the equivalent of a charitable organization by the appropriate regulatory and/or governmental agencies in the relevant jurisdiction. If circumstances make it impossible or inappropriate to disburse funds to the recommended charitable organization, we may, at our sole discretion, select an alternate charitable organization to receive the grant. You acknowledge that the ultimate discretion in fulfilling a grant recommendation rests with Better Giving.
   7. Donor Fees. NPOs may elect to have Donor Fees set as either (1) an optional donation to Better Giving at the Donor’s sole discretion; or (2) a flat 1.5% fee on all donations made. There may be additional transaction fees for donations of cryptocurrency, over which Better Giving has no control.
   8. Charitable Use. Donations made to Better Giving may only be used for charitable purposes in accordance with any and all applicable local, state, federal or national laws. In compliance with the Internal Revenue Code, grants are not permitted to individuals; for non-charitable purposes; for political purposes or to support political campaign activities; or for any purpose that would provide benefits, goods or services to Donors or other related parties.

2. NPO Grant and Investment Options.

   As part of the functionality of the Platform and the services we provide to NPOs in furtherance of our charitable mission, all NPOs have the ability to make certain recommendations for all donations contributed to Better Giving for their support. Specifically, NPOs may make recommendations from the following allocation options, or any combination thereof.

   1. Donation for Immediate Grant (“Grant”). Donations allocated for Grant are granted to the NPO on a monthly basis at the discretion of Better Giving.
   2. Money-Market (“Savings”). Donations allocated to Savings are maintained in a money-market account to accrue interest until the NPO makes a grant request (“Withdrawal”) to Better Giving. Unless a different investment recommendation is made by NPO, all donations are automatically allocated to Savings.
   3. Sustainability Fund (“Investment”). Donations allocated to Investment are maintained in the Better Giving Sustainability Fund and are invested per Better Giving’s Investment Policy. Assets in the Fund are unrestricted contributions and per the Investment Policy both principal and income are available for expenditure by Better Giving. Although we view contributions in the Fund as long-term investments with principal remaining intact to support NPO’s in furtherance of our mission, we also believe in an NPO’s right to organizational autonomy and allow for Withdrawal at the discretion of Better Giving.

3. Privacy

   Your personally identifiable information (“PII”), including your name, email address and physical address will be handled in accordance with our Privacy Policy, and unless you have elected to donate anonymously, may be shared with the NPO(s). We use commercially reasonable safeguards to preserve the integrity and security of your PII. However, we cannot guarantee that unauthorized third parties will never be able to obtain or use your PII or aggregate data for improper purposes. You acknowledge that you provide your PII and aggregate data at your own risk.

4. Indemnity, Warranties and Disclaimers.

   1. You agree to indemnify, hold harmless, and, defend Better Giving and its affiliates and each of its and their officers, directors, employees, licensees, agents and vendors from and against all claims, costs, losses, damages, expenses (including attorneys’ fees and court costs) and liabilities arising from (i) your use of our services, or activities in connection with making donations in accordance with these Terms; or (ii) your violations of these Terms. Better Giving reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Better Giving’ defense of such claim.
   2. YOU ACKNOWLEDGE THAT OUR PERFORMANCE HEREUNDER IS PROVIDED ON AN “AS IS” BASIS, AND WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES UNDER THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY LEGAL REQUIREMENTS TO WHICH YOU MAY BE SUBJECT; NOR DO WE MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE APPLICABILITY OF TAX LAWS TO ANY DONOR, SUCH AS, BY WAY OF EXAMPLE, ANY DONOR’S ABILITY TO OBTAIN TAX DEDUCTIONS OR OTHER TAX BENEFITS IN CONNECTION WITH DONATIONS MADE TO BETTER GIVING.

5. No Professional Advice

   . Before you make any financial, legal, or other decisions regarding any donations made to Better Giving and any tax deductions you may be eligible for, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. We do not offer any tax or legal advice. Please consider working with a tax professional, account and/or attorney to address any questions you may have concerning the impact of using the Platform to make donations. You agree and acknowledge that it is your responsibility to consult with any tax professionals regarding the deductibility and tax consequences of any donation(s) made to Better Giving.

6. Miscellaneous Terms and Conditions

   1. Should any provision of this Agreement be held by a court or other tribunal of competent jurisdiction to be void, illegal, invalid, inoperative, or unenforceable, the remaining provisions of this Agreement shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.
   2. Our failure to partially or fully exercise any right will not be considered a waiver of that right unless we so state in writing to you. The waiver of any breach, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement. Any remedies made available to us by the terms of this Agreement are cumulative and are without prejudice to any other remedies that may be available to us in law or equity.
   3. Dispute Resolution. Any dispute between you and Better Giving which cannot be resolved by negotiation shall be submitted to mediation or arbitration, under the rules of the American Arbitration Association (“AAA”) or any entity that you and we may subsequently agree upon in writing. Any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, you acknowledge that unauthorized use of our proprietary materials, information or technology may cause irreparable harm to Better Giving for which monetary damages would be an inadequate remedy. Accordingly, we have the right, without the necessity of posting bond, to seek injunctive or other equitable relief from any court of competent jurisdiction to protect our rights in intellectual property or confidential information.
   4. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws of the State of Delaware without regard to conflicts of laws and all disputes arising under and relating to this Agreement shall be brought and resolved exclusively in the State of Delaware.