Welcome to Raize. Thanks for using our website, products, and services (collectively, “Services”). Please read these Terms carefully because they are a binding agreement between you (“you” or “your”) and Raize, Inc. (“Raize”, “we”, “us”, or “our”).

These Terms govern your use of the Services. You automatically agree to these Terms and to our Privacy Statement by using our Services. 

YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH EHTOTRADER, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. If Raize, or any third-party service provider acting on our behalf, at any time discovers that the information you provided about you or your use of the Services is incorrect or violates any of these Terms, the Services may be suspended and/or terminated with immediate effect.

If you are under thirteen (13) years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under eighteen (18) years of age, you may only use the Services, with or without registering, with the approval of your parent or legal guardian.

If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.

We reserve the right to modify our Services at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. If you do not like any changes, you can stop using our Services at any time.

1. Your Use of Our Website.

Please do not use the Services in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Services or any features associated with the Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis. You may use our Services only as permitted by law.

If we, in our sole absolute discretion, determine that you have acted inappropriately, we reserve the right to terminate or suspend our Services, prohibit you from using our Services, and take appropriate legal actions.

Using our Services does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Services unless you obtain permission from us or its owner, or unless you are otherwise permitted by law. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.

In connection with your use of the Services, we may send you service announcements, administrative messages, transactional announcements, and other information. 

Your use of our Services is also subject to our Privacy Policy.

2. Overview.

Raize offers technology that enables e-commerce retailers (“Retailers”) to integrate charitable giving into their customers’ experience. Raize provides a platform for facilitating and processing donations to registered 501(c)(3) nonprofits (“Nonprofits”) through various campaign structures integrated directly into the Retailers’ websites.

Raize works with Giving Tech, a registered 501(c)(3) tax-exempt public charity (“Giving Tech”). Giving Tech is an independent, tax-exempt nonprofit that is the initial recipient of all donations made through the Services. Giving Tech then regrants the donation to the designated Nonprofit (“Regrant”).

Raize has no control over any Nonprofit, their conduct, or information they elicit or support. Information regarding the Nonprofits is obtained and verified using the database provided on the IRS charity database. We are not responsible for the accuracy or completeness of the information obtained from the IRS database. 

Raize has no responsibility or control over how a donation you make through our Services is used by any Nonprofit, whether designated by you or by us, and thus Raize is not liable to you for the use or misuse of funds by the designated Nonprofit.

Our website may contain pages featuring Nonprofits, but the existence of these pages on our website does not constitute a solicitation of donations. NEITHER RAIZE NOR ITS AFFILIATES OR PARTNERS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY NONPROFIT. 

We are not a financial, tax, or law firm. Do not rely on information we provide to assess the implications of using the Services, especially making or receiving donations. Consult your own professional advisors.

3. Donation and Regrants.

Donations to Nonprofits made through the Services are final and complete charitable gifts to Giving Tech, and are not refundable. To comply with federal tax laws and Internal Revenue Service regulations, Giving Tech must have exclusive authority, discretion, and legal control over all donations.

Retailers may exclude a number of products from being eligible for donations. In general, any portion of the purchase paid for with coupons, store credit, online currency, gift certificates, loyalty points, and/or rewards points may be excluded from the portion of the sale subject to a donation. Taxes, shipping and handling, or special services such as gift-wrapping are generally excluded from the portion of the sale subject to a donation. Tax re

Raize maintains a commercial co-venture agreement by working directly with Giving Tech. Giving Tech makes all responsible efforts to ensure the funds are received by the designated Nonprofit. If Giving Tech is unable to Regrant to the originally designated Nonprofit (for instance, if they recently closed, or the IRS has ruled them ineligible to receive tax-deductible donations), the donation will be Regranted to a Nonprofit performing a similar exempt purpose. 

The Regrant amount will be based on the donation total less the applicable Technology Fee (as hereinafter defined). Giving Tech may pool Regrants from multiple donations together, and will make Regrants to the designated Nonprofits within a reasonable timeframe following the receipt of the donation, unless the combined total to be paid to the Nonprofit is less than $20 or there are certain deliverability issues persist. Giving Tech will provide Retailers with an annual tax receipt.

4. Payments.

You agree to pay all charges, at the time such payment is due and payable. You must provide Raize through their verified third-party, with a valid credit card or other payment method we make available.  Your payment provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities. 

All donations will be billed to the bank account or credit card on file with a third-party payment processor, Stripe, on a monthly basis (“Payment Cycle”). If the credit card on file fails, we will attempt to reprocess the card on file 3 days later. By providing Stripe with your credit card number and associated payment information, you agree that we are authorized to immediately charge your card for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. This may result in being billed in the following month’s billing cycle.

To process the aggregate donation total amassed over the course of the Payment Cycle, the Retailer will be charged a Stripe payment processing fee of 2.9% + $0.30 (which is subject to change in the sole discretion of Stripe). For sake of clarity, the Stripe payment processing fee will be covered by the Retailer and will not reduce the total donation amount in any manner. 

A 10% donation processing fee (the “Technology Fee”) is deducted from all donations prior to each Regrant, unless otherwise stipulated. The Retailer has the option to cover the cost of the Technology Fee. Giving Tech reserves the right to establish minimum amounts and other restrictions for any Regrant. Giving Tech reserves the right to adjust the Technology Fee, and other related processing fees, at any time and in their sole absolute discretion. 

For Round-Up Transactions (“Round-Up”), a $.75 fee is assessed to the Retailer for each Round-Up activated by a customer.

For Add-On Transactions (“Add-On”), a $.75 fee is assessed to the Retailer for each Add-On activated by a customer. 

The maximum fees associated with Round-Up and Add-On, shall not exceed $60.00 per Payment Cycle. For example, if, during the course of a Payment Cycle, customers activate the Round-Up feature 35 times ($.75*35 = $26.25) and activate the Add-On feature 60 times ($.75*60 = $45), the activation total would amount to $71.25. However, the Retailer would only be assessed a $60.00 fee over the course of that specific Payment Cycle.

5. Your Content.

You acknowledge that all Content, is the sole responsibility of the party from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make accessible through Raize. In short, what belongs to you stays yours. Except with respect to you content, you agree that you have no right or title in or to any content that appears on or in our Services.

When you upload, submit, store, send or receive content to or through our Services, you give Raize and our partners, a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, your content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your content. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. 

6. Use of our Services.

Raize is always evolving and thus Raize may require you to accept updates to the Services that you have installed. You acknowledge and agree that Raize may update the Software with or without notifying you. 

Raize may add or remove functionalities or features, and we may suspend or stop Services altogether, in our sole absolute discretion.

Raize gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Raize as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Services, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our express written permission.

7. Updates.

Raize reserves the right to update these Terms in our sole absolute discretion, at any time, in whole or in part. If we make changes and/or modifications that impact your use of and/or access to the Services, we will post notice of the change and/or modification of the Terms and change the ‘Updated’ date above.

By continuing to use our Services after these Terms have been changed, you indicate your agreement to the revised Terms. Please revisit the Terms regularly to ensure that you stay informed of any changes and/or modifications to the Terms. If you do not comply with these Terms, and we do not take action right away, this does not mean we are okay with what you did, or we are giving up any rights that we may have (such as taking action in the future).

8. Our Warranties and Declaimers. 

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER RAIZE NOR ITS AFFILIATES OR PARTNERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES“AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

9. Termination.

You can stop using our Services at any time. On termination, you lose the right to access or use the Services. Any amounts owed by either party prior to termination and our right to use and disclose content you contributed before termination will survive termination.

10. Liability for our Services.

EXCEPT WHERE PROHIBITED, RAIZE NOR ITS AFFILATES OR PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUES, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF RAIZE, ITS AFFILATES OR PARTNERS, IN THE AGGREGATE FOR ALL CLAIMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO AN AMOUNT THAT IS THE LESSER OF (A) THE MOST RECENT FEES YOU PAID US TO USE THE SERVICES, IF ANY, OR (B) $500.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RAIZE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF RAIZE OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

IN ALL CASES, RAIZE, ITS AFFILATES OR PARTNERS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

11. Indemnification. 

You agree to indemnify and hold Raize, its Affiliates or Partners, and their officers, employees, agents, partners and licensors (collectively, the “Raize Parties”) harmless from any losses, costs, liabilities, expenses, and any third-party claims (including reasonable attorneys’ fees) relating to or arising out of:

1. your content;
2. your use of, or inability to use the Services;
3. your violation of the Terms;
4. your violation of any rights of another party; or
5. your violation of any applicable laws, rules or regulations.

Raize reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Raize in asserting any available defenses. You agree that the provisions in this section will survive any termination of your use and/or access to the Services.

12. Miscellaneous. 

The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

These Terms control the relationship between Raize and you. They do not create any third-party beneficiary rights.

The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Raize’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

You agree that we may provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

These Terms are governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in the State of Delaware, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.