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DAFTech - Terms and Conditions of Use
DAFTech - Terms and Conditions of Use
Updated over a week ago

DAFTech is the platform developed by Giving Technologies, Inc. (hereafter: "GivingTech") that provides public charities with a way to facilitate and manage Donor Advised Funds (DAF) by enabling fundholders to digitally create and maintain a Donor Advised Fund account.

This document constitutes the general conditions for the use of the the DAFTech platform. Please read the terms carefully. If you do not wish to be bound by these terms, you must stop using and accessing the DAFTech platform and request the closure of your account.

These General Terms and Conditions are subject to change and updates from time to time. As a registered user of DAFTech ("User"), you are responsible for logging into the platform and checking the general conditions and changes made to them. The most up-to-date version of the Terms and Conditions will apply to any future use of DAFTech. By registering for an account through DAFTech, you agree to these general terms and conditions.

These terms are written in masculine for convenience only, but are intended for both women and men.

1. Introduction

The purpose of the DAFTech platform is to allow you to create and maintain a Donor Advised Fund account, hosted by a public charity. Accounts can be created by:

  • Individuals, over the age of 18, can create a account. Parents and grandparents can also create funds for family members below the age of 18.

  • Companies can create accounts for themselves (corporate accounts) and for their employees (employee account).

2. Performance

a. The User agrees that his use of DAFTech is on the basis of AS IS and AS AVAILABLE and that his use of DAFTech is at her own risk. GivingTech will undertake to manage and update DAFTech from time to time. During periods of updating and modifying DAFTech, they may not be available for use. GivingTech does not guarantee uninterrupted and secure access to DAFTech. Site operations may be interrupted by many factors beyond the control of GivingTech.

b. Subject to this section, GivingTech will not be liable in any case (whether due to breach of agreement, negligence or for any other reason) for any loss or damage suffered by the User as a result of using DAFTech, including (but not limited to) loss of profits, damages and others, loss of sales, loss of revenue, loss of goodwill, loss of software or information of any kind, loss of transactions, loss or waste of time of employees and management of the user, or any other direct, indirect or special loss.

c. GivingTech may change the format and content of DAFTech from time to time. The User must REFRESH the web pages of DAFTech, as well as delete their cookies and browser history, each time they re-enter DAFTech to ensure that the User uses the latest version of DAFTech, including the latest version of these general terms and conditions.

3. Privacy and Confidentiality

a. GivingTech will collect personally identifiable information including your name, address and email address ("Personal Identification Information") and will protect and secure such information. GivingTech will follow the instructions of all fundholders regarding their personal information, in compliance with national and international law.

b. Confidential information (the "Confidential Information") refers to any data or information relating to the User which would reasonably be considered to be proprietary to the User including, but not limited to, deposits, investments, and donation records, that is not generally known in the industry of the User and where the release of that Confidential Information could reasonably be expected to cause harm to the User.

c. GivingTech agrees that it will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which it has obtained, except as authorized by the User or as required by law. The obligations of confidentiality will apply during the term of usage of DAFTech and will survive indefinitely upon the User's closure of their account.

4. Ownership of Intellectual Property

a. All intellectual property and related material (the "Intellectual Property") that is developed or made available by GivingTech on DAFTech will be the property of GivingTech. The User is granted a non-exclusive limited-use license of this Intellectual Property.

b. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with GivingTech.

c. The User commits that the content it provides to GivingTech is as real and accurate as possible, does not violate any law or regulation and does not constitute libel, or infringe on the intellectual property rights of any third party and does not infringe any right or obligation towards any third party.

5. Trademark license

a. The User undertakes not to copy, reproduce or create a tool or product similar to those found on DAFTech or that GivingTech has property rights on.

b. GivingTech, as the site operator, serves as an intermediary between the User and charities using DAFTech. Although the information about the User is on DAFTech, the User is responsible for the content and its truths. In the event that GivingTech becomes aware of improper or illegal use of the information contained on DAFTech, it will act to remove the information or block access to it. GivingTech will not be liable to the User as a result of its role as an intermediary.

6. Term

a. The period of usage of a User of DAFTech begins with the approval of the registration for DAFTech and continues until the date on which the User notifies GivingTech in writing of its desire to terminate its usage of DAFTech.

b. After a period of 12 months of inactivity (defined here as a period in which the User has not made any deposits), when the User's fund balances are NULL, GivingTech may close a User's account and remove all data, information, and documentation therein.

7. Capacity/Independent Service Provider

In providing the services under this Agreement it is expressly agreed that GivingTech is acting as an independent Service Provider and not as an employee. GivingTech and the User acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The User is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for GivingTech during the Term. GivingTech is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to GivingTech under this Agreement.

8. Applicable law

The law applicable to these general conditions is that of the State of Israel and any dispute arising from these general conditions will be under the exclusive jurisdiction of the competent courts in Tel Aviv-Yafo (Israel).

9. Severability

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of these General Terms.

10. Notices

Notices by the User to GivingTech shall be made in writing and sent by registered mail to: Giving Technology Ltd., Chuchit 19/20, Zichron Yaakov, Israel. These General Terms constitute the entire agreement between GivingTech and the user regarding the use of DAFTech and supersede any prior presentation, whether written or oral.

11. Rights of Third Parties

Under Israeli law, a person who is not a party to these general conditions may not enforce any of these general conditions.

12. Waiver

The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

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