Brands

Terms of Service

DailyKarma Business Terms of Service

PLEASE READ THESE BUSINESS TERMS OF SERVICE CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING DAILYKARMA’S SHOP FOR GOOD SHOPIFY APP, OR ANY OTHER APPLICATION OR SOFTWARE DAILYKARMA MAKES AVAILABLE FOR USE BY BUSINESSES OR BRANDS, IN CONNECTION WITH ITS SHOP FOR GOOD SERVICE OR OTHERWISE. BY DOWNLOADING, INSTALLING OR USING DAILYKARMA’S SHOP FOR GOOD SHOPIFY APP, OR EXECUTING AN ENROLLMENT, SUBSCRIPTION OR OTHER AGREEMENT WITH DAILYKARMA THAT SPECIFICALLY INCORPORATES THESE BUSINESS TERMS OF SERVICE, YOU ARE AGREEING TO THESE BUSINESS TERMS OF SERVICE.

 

WHERE USED BELOW, “AGREEMENT” MEANS THESE BUSINESS TERMS OF SERVICE OR, IF YOU HAVE EXECUTED AN ENROLLMENT, SUBSCRIPTION OR OTHER AGREEMENT WITH DAILYKARMA THAT SPECIFICALLY INCORPORATES THESE BUSINESS TERMS OF SERVICE, “AGREEMENT” MEANS THESE BUSINESS TERMS OF SERVICE PLUS THE TERMS OF THE ENROLLMENT, SUBSCRIPTION OR OTHER AGREEMENT BETWEEN YOU AND DAILYKARMA, INC.

 

 

1

PROGRAM PARTICIPATION

1.1 Shop for Good. DK has developed the “Shop for Good” program (“DK Program”) and software plugin (including any updates thereto, “DK Software”) to enable brands to offer the opportunity to give a portion of sales to a cause or their consumers to donate to a cause and in some cases receive a discount on the products of the brand.

 

1.2 Company Responsibility. The company is responsible for passing along all donations collected and configured through DK Software on their site, to DK to process and distribute to charity.

 

1.3 Further DK Obligations Regarding Donations. DailyKarma works with The DailyKarma Foundation, a nonprofit 501(c)(3) public charity that is independent of the DailyKarma company. The DailyKarma Foundation is overseen by the independent Board of The GoodCoin Foundation. You may visit their website at this link (www.goodcoinfoundation.org)

 

DailyKarma partners with The DailyKarma Foundation to expand and facilitate giving to thousands of charities. This partnership ensures that donations made through any of DailyKarma’s services, features, or tools made available on or through DailyKarma (including, but not limited to any widget, form, or other tools for marketing, communications, social sharing, event registration, branding, donation, integration, customization or promotions) create broad benefits for the nonprofit sector.

 

Donations made on DailyKarma’s software result in payments from The DailyKarma Foundation. The total transactions across the DailyKarma platform are tallied and payments are distributed by the Board of The DailyKarma Foundation on a regular basis (typically within 30 days). The only exception is for amounts less than $10. In those instances, the DailyKarma Foundation will hold the amounts until the $10 threshold is met or 12 months have passed.

 

DailyKarma makes all responsible efforts to ensure the funds are received by the intended nonprofit. In some cases, funds from uncashed or returned checks will be regranted to similar nonprofits on a yearly basis.

 

The DailyKarma Foundation does not charge an additional fee to the charity for payment processing. Confirmation of donations can be made at any time by emailing charity@dailykarma.com or by consulting IRS 990 filings with the US Internal Revenue Service for EIN 47-5570019.

 

Depending on the geographical scope of your campaign, the options provided customers, the number of charities involved, and the annual volume of transactions, The DailyKarma Foundation and DailyKarma comply with all Commercial Co-Venture Agreement filings as required in various States and jurisdictions as long as the DailyKarma Shop for Good plugin is displayed on your website.

 

Donate for Discount: Any contribution made through the Shop for Good plugin is not tax deductible. DailyKarma guarantees that all funds designated by customers for charity will go to the charity they indicate, oftentimes more. The funds for these payments come from the DailyKarma Donor-advised Fund held at The DailyKarma Foundation and are not considered customer donations because the funds have already been given to The DailyKarma Foundation by DailyKarma. Under the Donate for Discount program payments are directed from this previously existing fund based on the aggregate total amount of customer-directed giving to that charity across the DailyKarma platform.

 

RoundUp and other direct customer donations could be considered tax-deductible to the customer but do not require a formal acknowledgement by The DailyKarma Foundation until they exceed $250 per customer (see: https://www.irs.gov/pub/irs-pdf/p1771.pdf). However, a Commercial Co-Venture Agreement is required for these transactions. This agreement is between The DailyKarma Foundation (the recipient charity) and DailyKarma (the Commercial Co-venturer). The agreement is available for your review and has been filed in advance with the requesting authorities. The DailyKarma Foundation initiates payment of these funds to the charities indicated by your customers as the next step in completing the transaction.

 

Promotions that are based on a percentage of sales also trigger Commercial Co-Venture Agreement filings. These contributions are not tax-deductible for your customers because they are receiving something of value for their contribution. For you, as a client of DailyKarma, these transactions are generally considered to be a marketing expense for tax efficiency, but ask your accountant what works best in your situation. As with other Commercial Co-venture Agreement rules and regulations, payments to charities are ultimately made by The DailyKarma Foundation.

 

1.4 Donation Processing Fees A 10% donation processing fee + 2.9% + 30 cent fee is deducted from all donations prior to being processed to the selected charity unless otherwise stated.

 

1.5 Billing. All donations accrued through your store will be billed to the credit card on file on the 2nd of every month (or the following business day). If the credit card on file fails, we will attempt to reprocess the card on file 3 days later.

 

By uninstalling Shop for Good, you agree to be billed for any outstanding donations accrued from the period in which Shop for Good was installed. This may result in being billed in the following month’s billing cycle.

 

1.6 International Users. The Shop for Good app can be accessed from countries around the world and is available in many countries (including Canada, England, and Australia) although it may contain references to Services and Content that are not available in your country. These references do not imply that DailyKarma intends to announce such Services or Content in your country. Shop for Good and other DailyKarma properties are controlled and offered by DailyKarma from its facilities in the United States of America.

 

1.7 Communications from DailyKarma. When accessing and/or using the Services, Companies are communicating with DailyKarma electronically and consent to receive communications from DailyKarma electronically. DailyKarma will communicate with Companies by e-mail and/or by posting notices electronically in the Shop for Good administrative dashboard. In the event a Company cancels its Account or relationship with DailyKarma, the Company may continue to receive promotional electronic communications from DailyKarma unless the Company elects to opt-out of receiving those communications.

 

Shopper Email Collection: By downloading the DK program to your e-commerce store, you agree to allow customers to opt-in to receive email updates from DailyKarma. If brands disable the confirmation window to show in the campaign widget flow, a one-time confirmation email will be sent to the Shopper’s email address, along with the option to opt-in to receive email updates from DailyKarma. DailyKarma reserves the right to update the wording on the DK program without prior content from the brand partners. All Shopper communication is subject to the terms of DailyKarma’s Privacy Policy ( https://www.dailykarma.com/privacy-policy/).

 

2

INTELLECTUAL PROPERTY

2.1 Ownership of DK Software. As between DK and Company, DK is the sole owner of all rights, title and interest, including all intellectual property rights, in and to the DK Software, and any modifications, improvements or enhancements of the DK Software.

 

3

TERM AND TERMINATION

3.1 Term. You may terminate your participation in the DK Program and this Agreement at any time, for any reason, by written notice to us and uninstalling the DK Software. Similarly, we can terminate your participation and this Agreement at any time, for any reason, by written notice to you.

 

3.2 Effect of Termination. Upon expiration or termination of this Agreement for any reason, all rights granted to you under this Agreement will immediately terminate, and all rights granted by you to us also immediately terminate, except as provided below. Upon termination or expiration of this Agreement, or upon written request by us to you at any time, you will immediately destroy or return to DK, at your cost, and will not retain, any DK Software or confidential information or copies of DK Software or confidential information, and we will delete or return your confidential information.

 

3.3 Survival. The provisions of Sections 3.2, 3.3 and 4-8 will survive the termination or expiration of this Agreement for any reason.

 

4

CONFIDENTIALITY. Each party acknowledges and agrees that it may learn Confidential Information of the other in connection with this Agreement. Each party agrees not to disclose such Confidential Information to others, without the prior written consent of the disclosing party, to hold the Confidential Information in confidence using at least the same degree of care used to protect the receiving party’s own Confidential Information of like nature and importance, but no less than a reasonable degree of care, and not to use the Confidential Information for any purpose other than those expressly permitted by this Agreement. “Confidential Information” means this Agreement and its terms, and all other technical, business, product, marketing and financial information and data provided orally, in writing, or by inspection of tangible objects provided or disclosed under or pursuant to this Agreement. Confidential Information does not include information that (i) has become generally publicly known without any improper action or inaction; (ii) was in the rightful possession of the recipient without any obligation of confidentiality; (iii) was rightfully disclosed by a third party without restriction on disclosure; (iv) is independently developed by the receiving party; or(v) is disclosed if required by law or court order (but only to the extent of such disclosure), provided that the recipient will make reasonable efforts to give the disclosing party prior notice of the law or court order and cooperate with any attempts to obtain a protective order or similar treatment.

 

5

Your Information. DK may collect personal information provided directly by you or your authorized users to DK. DK does not collect information automatically from the DK Software except for purposes of processing donations and will seek optional explicit consent from consumers before collecting information for any other purpose from your consumers. DK may use the information provided by you and your authorized users to communicate with you and your authorized users, to improve its products and services and to facilitate the provision of services to you. You consent to DK’s collection and use of the information and, if you are located outside the United States, you consent to the transfer and processing of this information to and inside the United States of America. You represent that you have obtained all consents and permits necessary under applicable law to disclose your authorized users’ information to DK for these permitted uses, and to the processing and transfer of the information. You consent to the transfer of any information collected by DK in accordance with this Agreement in connection with any permitted assignment of this Agreement by DK under Section 8.1.

 

6

WARRANTY DISCLAIMER. Company will be solely responsible for integration of the DK Software into its website, mobile application or other online properties. THE DK SOFTWARE AND ANY DK SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. DK MAKES NO, AND HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, REPRESENTATIONS, PROMISES, OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE DK SOFTWARE OR ANY DK SERVICES, INCLUDING ITS OR THEIR CONDITION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT DEFECTS, AND DK SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER IMPLIED OR STATUTORY WARRANTIES, AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE. DK DOES NOT WARRANT THAT THE DK SOFTWARE OR ANY SERVICES WILL BE ERROR-FREE OR THAT IT OR THEY WILL WORK WITHOUT INTERRUPTIONS.

 

7

LIMITATION OF LIABILITY. IN NO EVENT WILL DK’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS. EXCEPT FOR A BREACH OF THE LICENSE RESTRICTIONS OR CONFIDENTIALITY OBLIGATIONS, IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS OR LOSS OR INTERRUPTION OF USE OF ANY FILES, DATA OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THIS AGREEMENT.

 

8

8.1 Publicity. DK may include your name and logo (if applicable) in materials for current or prospective investors, in promotional material, and on DK’s website or subsites.

 

8.2 Assignment. You may not assign this Agreement or any rights or obligations under it, directly or indirectly, by operation of law or otherwise, without the prior written consent of DK. DK will have the right to assign this Agreement without your consent in connection with a sale or transfer of all or substantially all of its business or assets to which this Agreement relates, whether by sale, merger, operation of law or otherwise. In the event of a permitted assignment, this Agreement will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. Any attempted assignment in violation of this Section will be null and void.

 

8.3 Remedy. If you breach, or threaten to breach this Agreement, or DK breaches, or threatens to breach, the confidentiality provisions of this Agreement, each party agrees that the non-breaching party would suffer substantial injury and may have no adequate remedy at law and would therefore be entitled to, in addition to all other remedies which may be available to it under law, immediate injunctive and other equitable relief, without bond and without the necessity of showing actual money damages.

 

8.4 Waiver; Severability. If one party breaches this Agreement, the failure of the other party to enforce any rights under this Agreement will not be deemed a waiver of any of its rights. The rights and remedies of the parties as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. In addition, if any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement will remain in full force and effect.

 

8.5 Governing Law and Jurisdiction. This Agreement will be exclusively governed by and construed under the laws of the State of California without reference to conflict of laws principles. All disputes arising out of or related to this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California, and the parties agree and submit to the exclusive jurisdiction and venue of these courts. You shall always comply with all the international and domestic laws, ordinances, regulations, and statutes that are applicable to your use of DailyKarma properties.

 

8.6 Relationship of the Parties. This Agreement does not create any agency, partnership or joint venture relationship between DK and you. Nothing in this Agreement will in any way be construed to constitute you as an agent, employee or representative of DK, but Company will carry out its obligations under this Agreement as an independent contractor.

 

8.7 Notice. Any required notice will be given in writing by customary means with receipt confirmed at the address of each party set forth below, or to such other address as either party may substitute by written notice to the other.

 

8.8 Entire Agreement. This Agreement embodies the entire understanding of the parties and supersedes any previous or contemporaneous communications, whether oral or written (including any previously executed Non-Disclosure Agreements) and may be amended only by a writing signed (including by facsimile, e-signature or scanned signature) by authorized representatives of both parties.

 

9

CHANGES TO TERMS OF SERVICE. DailyKarma reserves the right to update these Terms of Service in its sole discretion, at any time, in whole or in part. If DailyKarma makes changes and/or modifications that impact the Company’s use of and/or access to the Services, we will post notice of the change and/or modification on this Terms of Use and change the ‘Updated’ date above.

 

Company agrees that its continued use of the Services following changes and/or modifications will constitute acceptance of such changes and/or modifications. Please revisit this Terms of Service regularly to ensure that you stay informed of any changes and/or modifications to this Terms of Service

 

Additional Terms. By continuing to use any of the DailyKarma software or websites after we post any such changes, you accept the Agreement, as modified

General

Terms of Service

Welcome to DailyKarma

Thanks for using our website, products and services (“Services”). The Services are provided by Daily Karma, Inc. (“DailyKarma,” “we” or “us”), with an office located at 227 Broadway #302 Santa Monica, CA 90401.

 

By using our Services, by continuing to create an account or make a donation when offered the choice to continue or not, or by clicking on “Join Now” “Donate Now” or similar terms, you are agreeing to enter into a legally binding contract with DailyKarma. Please read these terms carefully. You must follow any policies made available to you within the Services.

 

1

Use of our Services

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

 

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

 

Our Services may display some content that is not DailyKarma’s. This content is the sole responsibility of the entity that makes it available. 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. But that does not necessarily mean that we review content, so please don’t assume that we do.

 

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications via unsubscribe methods. However, we will continue to send you transactional announcements and messages related to your user account.

 

You may need a DailyKarma Account to use some of our Services.

 

To protect your DailyKarma Account, keep your password confidential. You are responsible for the activity that happens on or through your DailyKarma Account. Try not to reuse your DailyKarma Account password on third-party applications.

 

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

 

2

DailyKarma Technology Platform Overview

DailyKarma provides technology that facilitates online charitable giving as part of your everyday shopping and online activity.

 

We are not a financial, tax, or law firm. Do not rely on the information we provide to assess the implications of using the Services, including tax-deductibility of any donations made using the Services. Consult your own professional advisors.

 

Shop for Good tool

DailyKarma has developed a unique technology platform that allows e-commerce retailers to promote charitable giving as part of its customers’ shopping experience, by embedding DailyKarma’s technology directly into e-commerce websites. DailyKarma facilitates charitable giving by allowing brands to utilize a number of different campaign structures built on the DailyKarma technology platform.

 

Customers shopping on DailyKarma’s e-commerce partner websites can use the DailyKarma Shop for Good tool to add a donation to support a selected charitable cause by either adding a donation or rounding up their purchase and donating the change. In some cases, the e-commerce retailer offers a discount on customer orders when you donate a preset amount (or your change) to support a selected cause, in which case your donation is not tax-deductible. Customers making donations using the DailyKarma technology on an e-commerce retailer partner’s store will see their donation listed on their e-commerce retailer transaction receipt.

 

Some e-commerce retailers designate a portion of their sales to support charity. In certain campaigns, you can select from one or more causes to benefit from the donation.

 

Cause Funds

The DailyKarma technology platform allows you to create “Cause Funds” which gives you the power to support your favorite charities in one trackable donation and to share your Cause Fund with others. It is also possible for you to donate to support another user’s Cause Fund. DailyKarma will provide the user with a donation statement based on a calendar year containing donations made through DailyKarma Cause Funds donated to registered charities within the DailyKarma platform.  DailyKarma does not provide donation receipts in connection with donations to Cause Funds. All donations are final and may not be refunded. Minimum Cause Fund donation by the creator of the Cause Fund. The minimum donation to a Cause Fund is $10 per charity associated with the Cause Fund.

 

Minimum Cause Fund donation to another user’s Cause Fund. The minimum donation to a Cause Fund that has been created by another user or DailyKarma is $10 per charity associated with the Cause Fund.

 

Supporting Selected Causes

DailyKarma has pre-funded a donor-advised fund at The DailyKarma Foundation, so when customers make a purchase or donation powered by the DailyKarma technology, they are directing funds that have already been donated to go to one or more selected causes, while making a new donation. DailyKarma works with The DailyKarma Foundation, a nonprofit 501(c)(3) public charity that is independent of the DailyKarma company. The DailyKarma Foundation is overseen by the independent Board of The GoodCoin Foundation. You may visit their website at this link (www.goodcoinfoundation.org)

 

DailyKarma Foundation takes all reasonable steps to attempt to grant donated funds to the designated cause(s) selected, however, DailyKarma Foundation retains exclusive legal control over all donations. In the rare cases when a designated cause fails to meet DailyKarma Foundation’s grantmaking requirements (e.g., the charity’s tax-exempt status is revoked or is otherwise not in good standing), DailyKarma Foundation reserves the right to reassign funds to another organization, and will aim to grant the funds to a similar charitable cause.

 

To view DailyKarma Foundation’s charitable solicitation disclosures, click here.

 

DailyKarma’s e-commerce retail partners select one or more causes they care about to benefit from its campaigns. Information regarding these organizations is obtained and verified using the database provided on the IRS charity database. DailyKarma is not responsible for the accuracy of the information obtained from the IRS database.

 

Any nonprofit that does not wish to be included as a beneficiary of DailyKarma campaigns can send an email to support@dailykarma.com. DailyKarma will promptly remove your organization from any DailyKarma campaign and our database of eligible causes.

 

On a monthly basis, DailyKarma collects donations received from its e-commerce partners, and transfers them to the DailyKarma Foundation. DailyKarma Foundation distributes grants to selected causes on a monthly basis. The average time for a grant to be distributed is 45 – 75 days from the date a purchase or donation is made.

 

3

Platform Fees

When e-commerce retailers install and use the DailyKarma Shop for Good technology under the Entrepreneur plan, a 10% platform fee is assessed on all donations made using the DailyKarma platform. The 10% fee excludes in certain cases, other third-party partner fees. In addition, when the e-commerce retailers transfer the donations generated using the DailyKarma Shop for Good technology via credit card, an additional 2.9% + 30 cent fee is deducted from the aggregate donations. Some e-commerce retailers choose to cover some or all of these costs. As such, after deducting the standard platform fee of 10% and the above mentioned credit card fee, the selected causes typically receive between 87 – 90 cents of every dollar donated.

 

When e-commerce retailers install and use the DailyKarma Shop for Good technology under the Emerging or Scaling brands plan, the 10% platform fee is not assessed on donations. 100% of the donations will be transferred to charity if the e-commerce retailer covers the credit card fee involved in transferring the aggregate donation amount to DailyKarma.

 

4

Your Content in our Services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

 

When you upload, submit, store, send or receive content to or through our Services, you give DailyKarma (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

 

If you have a DailyKarma Account, we may display your Profile name, Profile photo, and actions you take on DailyKarma or on third-party applications connected to your DailyKarma Account in our Services, including displaying in ads and other commercial contexts.

 

You can find more information about how DailyKarma uses and stores content in our Privacy Policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

 

5

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

 

DailyKarma gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by DailyKarma as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by DailyKarma, 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 written permission.

 

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

 

6

Changes to our Fees or Terms of Service

DailyKarma reserves the right to update these Terms of Service in its sole discretion, at any time, in whole or in part. If DailyKarma makes 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 on this Terms of Use and change the ‘Updated’ date above.

 

User agrees that its continued use of the Services following changes and/or modifications will constitute acceptance of such changes and/or modifications. Please revisit this Terms of Service regularly to ensure that you stay informed of any changes and/or modifications to this Terms of Service.

 

7

Additional Terms

By continuing to use any of the DailyKarma software or websites after we post any such changes, you accept the Agreement, as modified.

 

8

Changes to our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

 

You can stop using our Services at any time, although we’ll be sorry to see you go. DailyKarma may also stop providing Services to you, or add or create new limits to our Services at any time.

 

We believe that preserving your access to data you create on the platform is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

 

9

Responsibilities

DailyKarma has no responsibility or control over how a donation you make through our Services is used by any charity, whether designated by you or by us, and thus has no liability to you for use or misuse of funds by the destination charity.

 

10

Disclaimers

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER DAILYKARMA NOR ITS PARTNERS, SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS 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.

 

11

Exclusion of Liability

WHEN PERMITTED BY LAW, DAILYKARMA, AND DAILYKARMA’S PARTNERS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DAILYKARMA, AND ITS PARTNERS, SUPPLIERS AND DISTRIBUTORS, 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) US $1,000.

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

 

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

 

IN ALL CASES, DAILYKARMA, AND ITS PARTNERS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

 

12

Termination

Both you and DailyKarma may terminate the legal agreement between us at any time by notice to the other. On termination, you lose the right to access or use the Services. The following will survive termination:

 

Our right to use and disclose your feedback and content you contributed before termination;

Sections 8, 9, 10, 11 and 13 of these Terms of Service; and

Any amounts owed by either party prior to termination.

13

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms as well as terms listed under Business Terms of Service (https://www.dailykarma.com/business-terms-service/). It will hold harmless and indemnify DailyKarma and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

 

The legal agreement created by your agreement to these Terms of Service, (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

 

These Terms of Service control the relationship between DailyKarma and you. They do not create any third party beneficiary rights.

 

If you do not comply with these Terms of Service, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

 

If it turns out that a particular term of these Terms of Service is not enforceable, this will not affect any other terms.

 

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.

 

If you want to send us notice, please contact us at the address at the beginning of these Terms of Service.

 

The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Service or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Los Angeles, California, USA, and you and DailyKarma consent to personal jurisdiction in those courts.