QUALIFIED CHARITIES TERMS OF SERVICE

Last updated on August 28, 2024

Subject to these Terms of Service, as amended from time to time (“Terms of Service”), Myte, LLC, (“Myte”) provides the Myte platform to you through its website at www.joinmyte.com and attendant mobile applications (collectively, with any new features and applications, the “Platform”).

Myte vets and qualifies charities (“Qualified Charities” as more fully defined below) and provides Donors (as defined below) with access to its network of Qualified Charities and descriptions of specific charitable needs. (collectively, with the Platform, including any new features and applications, the “Donor Services”) Myte groups charitable Causes based on the type of need (administrative, program, etc.) and the type of Charitable activity (housing, water, etc). Donors may then Donate to multiple Qualified Charities or specific Causes by making one payment or subscribing to recurring payments.

Myte does not receive Donor funds or charge Donors for making donations. Instead, Myte Giving Fund (a Qualified Charity, hereafter “MGF”) collects all donations from Donors to each Qualified Charity and distributes those amounts in aggregate. MGF utilizes a third-party payment processor and generally makes donation payments to Qualified Charities within 30 days, but Payment Processors may delay payments as described below. All references to Myte in this Agreement mean Myte LLC, not MGF.

Qualified Charities pay a subscription fee for access to the Platform (collectively, with the Platform, including any new features and applications, the “Qualified Charity Services”). Qualified Charity Services pricing is tiered increases based on the level of services provided and the transaction volume (the “Qualified Charity Fees”). For a full list of Qualified Charity Fees, please see Exhibit 1.

If you are a Qualified Charity, (“Qualified Charity”, “you” and “your”) located in the United States you are contracting with Myte, LLC, a Texas Limited Liability Company whose address is 5900 Balcones Drive. Suite 15718 Austin, Texas 78731, and Myte Giving Fund, a Texas nonprofit corporation whose mailing address is 5900 Balcones Drives, Suite 19622, Austin Texas 78731.

Unless specifically indicated otherwise, for purposes of the following Terms of Service, “Myte,” “we,” “us,” “our,” and other similar terms, refer collectively to Myte, LLC, and the MGF.

By visiting the Platform, accessing the Platform, accessing any of the Services or using any of the Services, you agree to and are bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not visit, access, or use the Platform or the Services. We exclusively provide the Platform and Services to Users (“User” is defined for purposes of these Charities Terms of Services as any other individual person or entity or utilizes the Platform or Services) in some, but not all, of states in the United States of America. We reserve the right, at our sole discretion, to provide the Platform and Services in some states and not others. The Platform and

Registration data and certain other information about you are governed by these Terms of Service and our Privacy Notice. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE THE SERVICES. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors), with whom Myte has entered into contracts, in order to be able to benefit from their services. If Myte or one of our Payments Processors at any time discovers that the information you provided about you is incorrect or violates any of these Terms of Service or their terms of service, your access to the Services may be immediately suspended or terminated and fines may be applied by relevant authorities, which will in all such cases be payable solely by you.

ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS OF SERVICE.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time and without notice. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision. Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.

I. INDEMNITY AND RELEASE

YOU AGREE TO RELEASE, INDEMNIFY ON DEMAND, AND HOLD MYTE, MGF, AND THEIR AFFILIATES AND THEIR OFFICERS, EMPLOYEES, DIRECTORS, AND AGENTS HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, COSTS, AWARDS, FINES, DAMAGES, RIGHTS, CLAIMS, CAUSES OF ACTIONS OF ANY KIND OR INJURY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, ANY DONATION, ANY QUALIFIED CHARITY CONTENT, YOUR CONNECTION TO THE SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY AND ANY CLAIM OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT MYTE HAS THE RIGHT TO CONDUCT ITS OWN DEFENSE OF ANY CLAIMS AT ITS OWN DISCRETION AND THAT YOU WILL INDEMNIFY MYTE FOR ALL OF THE COSTS OF ITS DEFENSE (INCLUDING, BUT NOT LIMITED TO ATTORNEY’S FEES).

II. ACCESS AND USE OF THE SERVICES

1. The Services Description: The Services are offered as a platform to allow non-profit entities and non-profit public charities eligible to receive donations under Section 501(c)(3) of the Code as modified (“Qualified Charities”) to accept monetary charitable contributions and gifts eligible for a US federal income tax deduction under §170 of the Code (“Donations”) from donors (“Donors”) for specific causes (“Causes”) offered by Qualified Charities. Only Qualified Charities may be recipients of Donations. No goods or services can be received in exchange for a Donation.

2. We are Not a Payment Processor: Myte is not a payment processor, nor does it receive any Donations from Donors. Instead, Donations are sent directly to MGF via third-party payment processing partners engaged by Myte LLC to process Donations for a Qualified Charity (“Payment Processor”). You acknowledge and agree that the payment to MGF and the use of Payment Processors is integral to the Services and that we exchange information with Payment Processors to facilitate the provision of the Services in accordance with our Privacy Notice. DISCLAIMER OF LIABILITY FOR PAYMENT PROCESSOR ERRORS, BANKRUPTCY OR FRAUD.

3. Donations to MGF. You will receive a donation receipt from MGF in the amount of your aggregate annual Donations to Qualified Charities on the Platform. MGF is a Qualified Charity classified as a Private Pass-through Foundation because it distributes 100 percent of the Donations to Qualified Charities selected by Donors by March 15th of the following year. The Donations are qualified charitable contributions under §170(b)(1)(F), subject to the higher cap of 50% of the Donors AGI (60% until January 1, 2026). All Donations made through the Platform are aggregated and then Donated to the Cause of the Qualified Charity selected by each Donor. This allows Donors to recognize tax-deductible status for their Donations (to the extent permitted by law) while receiving only one Donation Receipt.

    Myte, LLC is a for-profit limited liability company that owns and operates the software and technology on which the Platform is based and through which the Services are provided. Myte LLC charges Charitable Fees to each Qualified Charity on the Platform. Myte, LLC and MGF may each assign or delegate certain tasks in connection with the Platform to their affiliates or service providers. MGF may not engage (or pay) Myte, LLC to perform any operational or administrative tasks on its behalf.

4. Transaction Fee(s): Although there are no fees to register as a User on Myte, please keep in mind that a transaction fee, including credit and debit charges, is deducted from each Donation (in these Terms of Service and on the Platform, “Transaction Fee”) applied by the applicable Payment Processor and in accordance with that Payment Processor’s procedures and terms. Donors will have the option, but not the obligation, to pay for the Transaction Fee as part of their Donation. In the event a Donor does not pay for the Transaction Fee as part of their Donation, the Transaction Fee will be taken from the total amount of the Donation. The Qualified Charity’s receipt of Donations, minus any applicable Transaction Fees, is likewise based upon and subject to the applicable Payment Processor’s procedures and terms.

5. Receiving Funds: As a Qualified Charity, receipt of Donations, minus any applicable Transaction Fees, is based upon and subject to the applicable Payment Processor’s procedures and terms and any additional agreement between Myte LLC and the Qualified Charity. Available Payment Processors are described under “Payment Processors” below.

6. DONATION POLICY: MYTE AND MGF DO NOT EXTEND DONATION REFUNDS TO DONORS. AS A QUALIFIED CHARITY, YOU ACKNOWLEDGE, AGREE, AND UNDERSTAND, THAT (1) MYTE IS NOT RESPONSIBLE FOR, NOR WILL MYTE COMPENSATE OR REIMBURSE YOU FOR, ANY LOSS INCURRED DUE TO USE OF THE PLATFORM, USE OF THE SERVICES, OR ANY DONATION SUBMITTED THROUGH MYTE; AND (2) IF MGF IS UNABLE TO GRANT A DONATION TO THE CAUSE OF A QUALIFIED CHARITY DESIGNATED BY THE DONOR, MGF HAS THE SOLE DISCRETION TO REDIRECT SUCH FUNDS TO THE QUALIFIED CHARITY OF ITS SELECTION WITHOUT NOTIFYING THE DONOR.

         Should a Donor dispute a credit card charge for Donations through the Services or submit a request for a refund in spite of this Donation Policy, and such Donations are refunded to the Donor by a Payment Processor, those funds which are already remitted payment to the Qualified Charity by MGF, the chargebacks or refunds will be deducted from future payments to the Qualified Charity, and if necessary, an invoice will be issued to the Qualified Charity. The Qualified Charity expressly agrees that: (a) it will be responsible for paying MGF the full amount of any Donation refunded to a Donor by a Payment Processor; and (b) MGF, as applicable, may elect to offset a future Donation rather than requesting that the Qualified Charity return the refunded Donation.

7. Myte is not a Broker, Financial Institution, or Creditor: Myte facilitates Donations for each Qualified Charity and permits Donors to make Donations to the Qualified Charity(s) of the Donors’ choosing in one centralized Platform. The Services are administrative platforms only. WHILE THERE IS A RELATIONSHIP BETWEEN MYTE, LLC AND MGF IN CONNECTION WITH THE OPERATION OF THE PLATFORM AND THE SERVICES, NEITHER MYTE LLC NOR MGF ARE A BROKER, AGENT, FINANCIAL INSTITUTION, OR CREDITOR OF ANY QUALIFIED CHARITIES LISTED ON THE PLATFORM. MYTE LLC DOES NOT SOLICIT DONATIONS.

All information and content provided by Myte relating to the Services is for informational purposes only, and Myte does not guarantee the accuracy, completeness, timeliness, or reliability of any such information or content. No content is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding any Users, Qualified Charities, Donations, Donors, or any information or content relating to the Services, you should consult your financial, legal, tax, or other professional advisor as appropriate. You acknowledge that all information and content accessed by your use of the Services is at your own risk.

Myte has no control over the conduct of, or any information provided by, a User and disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not endorse any Qualified Charity, User, or Cause, but we do provide an initial review and verification of that each Qualified Charity listed on the Platform is a Qualified Charity. See more below in Section 9, “Registration of Charities”. We make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Qualified Charity. Donors must make the final determination as to the value and appropriateness of contributing to any Qualified Charity.

8. No Solicitation: The Platform is offered to help Qualified Charities raise money. Myte LLC’s Services are not solicitations for Qualified Charities on the Platform, but instead provide Qualified Charities a platform to provide information to Donors and direct payment options for Donors. The existence of the Services is not a solicitation of Donations by Myte LLC, and Myte LLC does not engage in any solicitation activities, or consult on the solicitation of contributions from the public or on behalf of any individual, entity, or Qualified Charity. By using the Services, each User understands and agrees that Myte is not responsible for the use of Donations by the Qualified Charities.

9. Registration of Charities: Before a Charity may use the Services, it must complete—and Myte LLC must approve—a Registration Application provided by Myte LLC. The Charity must provide and maintain true, accurate, current, and complete information about the Charity both in the Registration Application and, after Registration of the Charity by Myte is complete, in the Qualified Charity’s Registered Profile with Myte (“Registered Profile”). Qualified Charities must register using their true identities (or the identities of the Qualified Charities’ authorized representatives), including their name, address, and any image or video purporting to depict the Qualified Charity or the Beneficiary of the Qualified Charity’s Donations. Qualified Charities agree to keep their Registered Profile current and up to date. Certain aspects of the Services may also require the Qualified Charity to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors) (“Third-Party Providers”), with whom Myte maintains a contractual relationship.

10. Qualified Charities: You, as a Qualified Charity represent, warrant, and covenant that: (i) all information you provide in connection with your Qualified Charity is accurate, complete, and not likely to deceive Users and that you will post updates as needed so that Users understand the use of funds and any other relevant information about your Qualified Charity; (ii) all Donations contributed to your Qualified Charity will be used solely as described in the materials that you post or otherwise provide; (iii) if you withdraw from Myte any Donations reasonably believed by Donors to be raised on behalf of someone other than you (“Beneficiary”), all Donations will be given to and/or spent on behalf of the Beneficiary; (iv) if you add a Beneficiary through the Services, you relinquish control of the Donations to the Beneficiary; (v) you will not infringe the rights of others; (vi) you will comply with all relevant and applicable laws and financial reporting
obligations, including but not limited to, laws and obligations relating to registration, tax reporting, political contributions, and asset disclosures for your Qualified Charity; (vii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us; and (viii) you will not provide or offer to provide goods or services in exchange for Donations. You authorize Myte LLC, and Myte LLC reserves the right, to provide information relating to your Qualified Charity to Donors, Users, or law enforcement or other regulatory authorities, and to assist in any investigation thereof.

If you use the Services as an agent of a Qualified Charity to raise funds for such Qualified Charity, you represent and warrant that: (a) you are a representative of the Qualified Charity and are authorized to raise funds for the Qualified Charity and bind the Qualified Charity to these Terms of Service; (b) you are raising funds for a Qualified Charity with a cause or activity that is legal under all applicable federal, state, provincial, territorial, and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with the Causes publicized by your Qualified Charity through the Services, and under no circumstances may you use the funds for any other purpose; (d) your Qualified Charity has and will maintain tax-exempt status under applicable law (for example, the Code); and (e) if your Qualified Charity is in the United States, it is registered with GuideStar or the IRS tax-exempt Qualified Charity database. If your Qualified Charity loses its tax-exempt status with the IRS, you must immediately inform Myte LLC in writing of this event and return any Donations within 3 days of such termination. If your Qualified Charity becomes a Private Non-Operating Foundation under §509(a) of the Code, you must inform us in writing within 5 days of the end of the tax year in which your classification changes. Failure to do so may cause a significant tax impact to both Donors and MGF and you agree that Myte may pursue all remedies available under Applicable Law, including specific performance, recovery of legal fees and damages.

11. Removal of a Qualified Charity from our Database: If you are the authorized representative of a Qualified Charity, and you do not wish for your Qualified Charity to appear in Myte’s searchable database, you may email us at support@joinmyte.com to request that your Qualified Charity be removed from our database. Your email should include your full name, title, and an email address and phone number associated with your Qualified Charity. Please note that if your Qualified Charity is removed from the Myte’s database, it will not be eligible to receive Donations through the Platform. If Myte LLC, MGF, or a Third-Party Provider at any time discovers that the information the Qualified Charity provided in its Registration Application or its Registered Profile, including but not limited to information regarding the existence or the purpose of the Qualified Charity, is incorrect or violates any of these Terms and Conditions or the Third-Party Provider’s terms of service, Myte, in its sole discretion, may immediately suspend or terminate its Services to the Qualified Charity, and remove it from the Myte database unilaterally. Additionally, the Qualified Charity is responsible for paying any fines or other penalties associated with such information at the Qualified Charity’s sole cost and expense.

12. Taxes (Qualified Charities): Myte does not withhold funds for tax purposes or otherwise. Qualified Charities will be solely responsible for taxes based on applicable federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any). It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

13. Donor Lists and Other Data: A Qualified Charity may access information about a Qualified Charity, a representative for the Qualified Charity, Donor Lists (defined below), and Donor Data (defined below) for compliance and transactional purposes. “Donor Data” means a Donor’s name, address, email address, Donation amount, date of transaction, transaction identification number, and name of the Qualified Charity to which the Donor contributed. THE LIST OF DONORS WHO CONTRIBUTE TO A QUALIFIED CHARITY THROUGH THE SERVICES (“DONOR LISTS”) IS PROVIDED “AS IS,” AND MYTE MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED IN THAT LIST. By using the Services, the Donor consents to the disclosure of Donor’s Donor Data as described in these Terms of Service, including without limitation, disclosure as part of a Donor List. MYTE IS NOT RESPONSIBLE AND SHALL NOT BE LIABLE FOR A QUALIFIED CHARITY’S USE OF ANY DONOR DATA.

14. Qualified Charity Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to: (i) immediately notify Myte of any unauthorized use of your password or account or any other breach of security; and (ii) sign out from your account at the end of each session when accessing the Services. Myte will not be liable for any loss or damage arising from your failure to comply with this section.

15. Modifications to the Services: Myte reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

16. Content Manifestly Made Public by the Qualified Charity.

A. Public Content; Public Display of Information and Donations. Some of your activity on and through the Services is public, such as content you post publicly on the Platform (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other Qualified Charities, Donors, or Users) (collectively, “Qualified Charity Content”). Additionally, Qualified Charity profile information, including your first and last name, public email address, Qualified Charity, personal biography, and other information you enter in connection with your User profile may be displayed to other Users to facilitate User interaction within the Services. Please remember that if you choose to provide information to utilize the Services, then that information may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. Please see our Privacy Notice for information on the ways that we may collect, use, and store certain information about you and your use of the Services.

B. Other Information. Please be advised that Qualified Charity Content and other information, solicited or unsolicited, that you provide to Myte may be publicly accessible, such as information you post in forums, comment sections, or in response to surveys we may send out. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Other Information”). By sending us Other Information: (i) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Other Information; (ii) you acknowledge that we may have something similar to the Other Information already under consideration or in development; (iii) you agree that Myte will be entitled to the unrestricted use and dissemination of the Other Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (iv) you represent and warrant that you have all rights necessary to submit the Other Information; (v) to the extent necessary, you grant to Myte a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Other Information, and to sublicense the foregoing rights; and (vi) you irrevocably waive, and cause to be waived, against Myte and its Users any claims and assertions of any moral rights contained in such Other Information. This Other Information section shall survive any termination of your account or the Services.

You acknowledge and agree that Myte may preserve Other Information, as well as Qualified Charity Content, and may also disclose your Other Information or Qualified Charity Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any Qualified Charity Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Myte, its Users, employees, or the public.

17. Third-Party Communications: If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a Donation), either by submitting data about the third party (“Third-Party Data”) to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by Myte to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to: (i) contact such third party using the Third-Party Data provided; and/or (ii) provide you with an editable template message designed to facilitate communications between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means to “opt out” of receiving further communication of the same nature.

18. Promotions on the Platform: You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstakes or similar activity (each, a “Promotion”) on or through the Services.

19. Sales Prohibited on the Platform: You are not permitted to offer any good or service in exchange for a Donation on the Platform.

20. Data Retention: You acknowledge that Myte has no obligation to you to retain data relating to any account. You acknowledge that Myte reserves the right to delete data or to terminate accounts at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom. Notwithstanding the foregoing, Myte will endeavor to provide reasonable notice to Qualified Charities on the Platform of deletion or termination where possible.

21. Mobile Services: The Services include certain features that may be made available via a mobile device, including the ability to: (i) upload Qualified Charity Content to the Platform; (ii) browse the Platform; and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access Mobile Services, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

III. PROHIBITED CONDUCT

1. Responsibility for Compliance and Content: You are solely responsible for compliance with all applicable laws in relation to your Qualified Charity, solicited Donations, or use of the Services. You are further solely responsible for all Qualified Charity Content that you upload, post, publish, display, transmit, or otherwise use. If you manage a Qualified Charity’s account but are not the intended Beneficiary of the Qualified Charity’s solicited Donations, you agree to deliver funds to the ultimate Beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for any evidence we deem necessary to verify your compliance with these Terms of Service.

2. Illegal and Prohibited Content or Use: The following are examples of Qualified Charity Content or use that is illegal or prohibited by Myte. This list is not exhaustive, and we reserve the right to remove any account or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate your account, you, or Qualified Charity Content, we may consider all available material including but not limited to social media, related news, and any othe r information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending Qualified Charity Content, suspend or terminate your account, stop payments to any account, freeze or place a hold on Donations, and report you to law enforcement authorities or otherwise take appropriate legal action, including, without limitation, seeking restitution on behalf of ourselves, our Users, or both. Without limiting the foregoing, you agree and represent, warrant, and covenant:

A. not to use the Services to raise funds or establish or contribute to any account with the implicit or explicit purpose of promoting or involving (each a “Bad Act”):

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 and transaction processors that you utilize in connection with the Services;

2. any election campaigns in an unsupported country unless run by a registered Qualified Charity within a supported country;

3. Qualified Charity Content or Qualified Charity Causes that are fraudulent, misleading, inaccurate, dishonest, or impossible;

4. drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm, including religious or therapeutic uses of such substances;

5. knives, explosives, ammunition, firearms, or other weaponry or accessories;

6. annuities, investments, loans, equity or lottery contracts, lay-away systems, off- shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;

7. gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), Promotions involving monetary rewards, including gift cards, or sweepstakes;

8. Qualified Charity Content that reflects or promotes behavior that we deem, in our sole discretion, to be an abuse of power or in support of hate, violence, harassment, bullying, discrimination, terrorism, terrorist financing or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, disabilities or diseases;

9. the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases, financial crimes or crimes of deception;

10. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;

11. the funding of a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;

12. pornography or other sexual content;

13. offensive, graphic, perverse, or sensitive content;

14. the collecting of payments on behalf of merchants by Payment Processors or otherwise; including but not limited to self-payments on Causes or an attempt to bypass or otherwise circumvent the designated method of payment as provided by Myte;

15. credit repair or debt settlement services;

16. the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Cause;

17. publication of Qualified Charity Content (such as mug shots), where we deem, in our sole discretion, that the primary purpose of posting such Qualified Charity Content is to cause reputational harm;

18. the sale or resale of a good or service;

19. the aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;

20. counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;

21. products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;

22. the unauthorized sale or resale of brand name or designer products or services;

23. the sale of goods or services that are illegally imported or exported;

24. processing, where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;

25. the collecting or providing of funds for any purpose other than as described in a Cause description;

26. any other activity that Myte may deem, in its sole discretion, to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or

27. any other activity that Myte may deem, in its sole discretion, to: (a) be unacceptable or objectionable; (b) restrict or inhibit any other person from using or enjoying the Services; or (c) expose Myte or Users to any harm or liability of any type.

B. not to use the Services to transmit or otherwise upload any Qualified Charity Content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; or (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities, or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;

C. not to interfere with or disrupt servers or networks connected to or used to provide the Services or their respective features, or disobey any requirements, procedures, policies, or regulations of the networks connected to or used to provide the Services;

D. not to harvest, collect, or publish personally identifiable information of others;

E. not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor;

F. not to use the Services on behalf of a third party or post any personal data or other information about a third party without the express consent of that third party;

G. not to use another User’s or Qualified Charity’s account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Qualified Charity or Beneficiary through the Services, or post Qualified Charity Content in any inappropriate category or areas on the Services;
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H. not to create any liability for Myte or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company, or any other vendors or suppliers;
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I. not to gain unauthorized access to the Services, or any account, computer system, or network connected to the Services by any unauthorized or illegal means;
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J. not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
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K. not to use the Services to post, transmit, or in any way exploit any information, software, or other material for commercial or advertising purposes, except that using the Services for fundraising activities in accordance with these Terms of Service is expressly permitted;
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L. not to transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
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M. not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; and
N. not to attempt to undertake indirectly any of the foregoing.

Additionally, with respect to all Donations you accept through the Services, you agree and represent, warrant, and covenant:

A. not to accept any Donations that you know or suspect to be erroneous, suspicious, or fraudulent;

B. not to use the Services in or for the benefit of a country, Qualified Charity, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);

C. to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation, adhering to any security procedures and controls required by Myte from time to time;

D. to maintain a copy of all electronic and other records related to Donations as necessary for Myte to verify compliance with these Terms of Service and make such records available to Myte upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and

E. at Myte’s request, to fully cooperate in the auditing of, investigation of (including without limitation, investigations by Myte, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or Donation to which, you are connected.

3. Myte’s Rights Regarding Prohibited Conduct: Myte reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate these Terms of Service or harm the interests of our Users, business partners, the public, or Myte, or that expose you, Myte, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our Privacy Notice. This information may include information about you, your account, your Donors, your Donations, your Qualified Charity, and transactions made through or in connection with your use of the Services.

V. QUALIFIED CHARITY AND BENEFICIARY CONDUCT

1. Account Holds: From time to time, Myte may, in its sole discretion, place a hold on a Qualified Charity account (a “Hold”), restrict the transfer of Donations (“Transfers”), initiate a reverse ACH transfer, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but are not limited to, our belief or determination, in our sole and absolute discretion, that: (i) information provided by a Qualified Charity is false, misleading, or fraudulent, or that funds are being used in a prohibited manner; (ii) the funds available should be provided directly to a person other than the Qualified Charity, such as a legal beneficiary or person entitled by law to act on behalf of a Qualified Charity; (iii) a Qualified Charity has violated these Terms of Service; (iv) the Qualified Charity is colluding with Donors to engage in fraudulent activity; (v) there may be suspicious or fraudulent Donation activity; (vi) the Qualified Charity or one of its Officers or Directors engages in a Bad Act, whether on the Platform or off, (vii) a Qualified Charity loses or jeopardizes its tax-exempt status) or (viii) such action is required to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your account, or need information about how to resolve the Hold, please email us at support@joinmyte.com.

2. Donation Transfers: Myte administers this platform for Donations and all Transfers are initially conducted by the Payment Processors, who facilitate the initial transfer from the Donor to Myte Giving Fund (“MGF”), and MGF conducts onward Transfers. Myte hereby expressly disclaims any and all responsibility for any delay in Transfers or a Qualified Charity’s inability to access and use Transfers at any specified time and any consequences arising from such delay or inability the Transfers, and Donor and each Qualified Charity hereby agree to bring any complaints regarding a Transfer to MGF and indemnify Myte against any and all claims related to the Transfers.

MGF Transfers. Donors agree that all Transfers are made to MGF, which will exercise complete control over any payments made to any Qualified Charity. Considerations MGF may take into various factors into account prior to a Transfer including but not limited to, whether an organization remains a Qualified Charity, any recent events of concern conducted by a Qualified Charity, the Qualified Charity’s historic uses of funds, and other factors which MGF may apply in its sole discretion.

MGF strives to make Transfers available to Qualified Charities promptly, but the Donor and Qualified Charity separately acknowledge and agree that: (i) Transfers may not be available for immediate use; (ii) MGF does not guarantee that Transfers will be available within any specific time frame; and (iii) MGF expressly disclaims any and all responsibility for any delay in Transfers or a Qualified Charity’s inability to access and use Transfers at any specified time and any consequences arising from such delay or inability. Each Qualified Charity, is responsible for ensuring that the information it provides to MGF to process a Transfer, including but not limited to bank account information, is accurate and up to date. MGF may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Donations with or without consulting with any Donor, which may comprise the entire amount donated to your Qualified Charity. Myte is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by MGF’s issuing refunds, including, but not limited to, transaction or overdraft fees.

3. Qualified Charity Compliance & Violations: The Qualified Charity, not Myte, is responsible for compliance with all applicable law in relation to the Qualified Charity, solicited Donations, or use of the Services. Also, the Qualified Charity, not Myte, is responsible for all data, information, articles, videos, and the like (“Qualified Charity Content”) that the Qualified Charity uploads, posts, publishes, displays, transmits, or otherwise uses. If the Qualified Charity registers as a User with Myte but is not the intended Beneficiary of the Qualified Charity’s solicited Donations, the Qualified Charity agrees to deliver funds to the ultimate Beneficiary directly and as soon as possible. The Qualified Charity agrees to fully cooperate with any request Myte makes for evidence that Myte deems necessary to verify the Qualified Charity’s compliance with these Terms of Service. Myte reserves the right to refuse, condition, or suspend any Donations or other transactions that Myte believes in its sole discretion may violate this Agreement or harm the interests of Donors, Users, business partners, the public, or Myte, or that expose the Qualified Charity, Myte, MGF, or others to risks unacceptable to Myte. To this end, Myte may share any information related to the Qualified Charity’s use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency. This information may include information about the Qualified Charity provided in its Registration Application, the Qualified Charity’s Registered Profile, the Qualified Charity’s billing information, the Qualified Charity’s account with Myte, the Qualified Charity’s Donors, the Qualified Charity’s Donations, and transactions made through or in connection with the Qualified Charity’s use of the Services.

4. Qualified Charity Additional Warranties, Representations, and Covenants. You, as a Qualified Charity, in addition to all other representations and warranties as a User under these Terms of Service, represent, warrant, and covenant that: (a) All information provided by the Qualified Charity in connection with the Qualified Charity is accurate, complete, and not likely to deceive Users and that the Qualified Charity will post updates as needed so that Users understand the use of funds and any other relevant information about the Qualified Charity; (b) All Donations contributed to the Qualified Charity will be used solely as described in the materials that the Qualified Charity posts or otherwise provide; (c) The Qualified Charity will not infringe the rights of others, including but not limited to all intellectual property rights and the right to privacy; (d) The Qualified Charity is a registered 501(c)(3) non-profit charity and will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to, laws and obligations relating to registration, tax reporting, political contributions, and asset disclosures for the Qualified Charity; (e) To the extent the Qualified Charity shares with Myte any personal data of any third party for any purpose, including the names, email addresses and phone numbers of the Qualified Charity’s personal contacts, the Qualified Charity has the authority (including any necessary consents), as required under applicable law, to provide Myte with such personal data and allows Myte to use such personal data for the purposes for which the Qualified Charity shared it with Myte, including but not limited to the purpose of utilizing Myte’s Services; (f) The Qualified Charity will not provide or offer to provide goods or services in exchange for Donations. The Qualified Charity authorizes Myte, and Myte reserves the right, to provide information relating to the Qualified Charity to Donors, Users, or law enforcement or other regulatory authorities, and to assist in any investigation thereof; (g) The Qualified Charity is raising funds for a cause or activity that is legal under all applicable federal, state, provincial, territorial, and local laws and regulations; (h) The Qualified Charity has and will maintain tax-exempt status under applicable law (for example, the Internal Revenue Code in the United States; (i) If the Qualified Charity is in the United States, it is registered with GuideStar or the IRS tax exempt charity database and (j) The Qualified Charity shall not participate in any of the Prohibited Conduct defined by Section III of this Agreement.

5. Myte’s Right to Audit Donations. If at any time Myte has a good-faith reason to believe or has received credible information that a Qualified Charity has breached any of the warranties, representations, or covenants herein, Myte may, in its sole discretion, demand access to all of the Qualified Charity’s records pertaining to the solicitation and receipt of Donations made by and through the Platform. These records include any records pertaining to the purpose for which the Donations were sought, including any project or Beneficiary for which the Qualified Charity represented that such Donations would be spent. If the results of such audit lead Myte to believe, in its sole discretion, that the Qualified Charity has breached any of its warranties, representations, or covenants, Myte is entitled to suspend or terminate all Services to the Charity immediately and remove the Qualified Charity from the Myte Platform. Likewise, if the Qualified Charity refuses to permit Myte’s access to such records, Myte is entitled to suspend or terminate Services immediately.

VI. PAYMENT PROCESSORS

1. Transferring Entity Representations and Warranties: Myte uses Payment Processors to process Donations for Qualified Charities and thereafter deliver Donations to such Qualified Charities. In order to transfer funds from an account, a Qualified Charity or, if not the same, Beneficiary (collectively “Transferring Entity”) will be required to provide the Payment Processor information regarding bank account information (“Transferring Account”). You, as Transferring Entity, represent and warrant to Payment Processor and Myte that such information is true and that you are authorized to use the applicable Transferring Account. By setting up a Qualified Charity account or accepting the role of Beneficiary, the Transferring Entity agrees to the processing, use, transfer, or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by the applicable Payment Processors. The Transferring Entity agrees, acknowledges, and understands that the Transferring Entity is responsible for reviewing all applicable terms set forth independently by the applicable Payment Processors and to ensure compliance with such terms.

2. Stripe & Apple Pay: Our current Payment Processors include Stripe, Inc. (Stripe’s terms of service) and Apple Pay (Apple’s Terms of Service) (collectively, “Payment Processors”). When a Payment Processor processes a Donation through the Services for a Qualified Charity, the Donation will go directly from the Donor to the MGF. From the MGF, the Donation, less any applicable Payment Processor transaction fees, will go to Qualified Charity’s merchant account. Donations will appear on the Donor’s credit card statement as a payment to MGF. For more information, see Stripe’s services agreement and Apple Pay’s services agreement.

VII. APPLE-ENABLED AND GOOGLE-ENABLED SOFTWARE APPLICATIONS

Myte offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc., (“Apple”) and Google, LLC, (“Google”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”) or a Google-branded product (such Software, “Google-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

Myte, LLC
11300 N. Central Expy.
Suite 612
Dallas, Texas 75243
legal@joinmyte.com

Myte and you acknowledge and agree that Apple, and Apple’s subsidiaries, as well as Google, and Google’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof, and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Google-Enabled Software as a third-party beneficiary thereof. Accordingly, the parties acknowledge and agree that Myte enters into this clause (“Apple-Enabled and Google-Enabled Software Applications”) for its own benefit and on its own behalf and also as an agent for the benefit and on behalf of Apple and its subsidiaries with respect to the exercise and enforcement of all rights, benefits, and remedies of Apple and its subsidiaries (but not any obligation or burden) in this clause, as well as on behalf of Google and its subsidiaries with respect to the exercise and enforcement of all rights, benefits, and remedies of Google and its subsidiaries (but not any obligation or burden) in this clause, which rights, benefits, and remedies shall be enforceable by Myte in its own right and also as agent for and on behalf of each of Apple and its subsidiaries as well as Google and its subsidiaries. Myte may amend, terminate or rescind these Terms of Service without the consent of Apple, Google, or any such subsidiary.

VIII. INTELLECTUAL PROPERTY RIGHTS

1. Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade-secret, or other proprietary rights and laws. Except as expressly authorized by Myte, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own Qualified Charity Content that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by Myte from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized in these Terms of Service is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Myte, our affiliates, and our partners (“Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Myte.

The Myte name and logos are trademarks and service marks of Myte (collectively, “Myte Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Myte. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Myte Trademarks displayed on the Services without our prior written permission in each instance. All goodwill generated from the use of Myte Trademarks will inure to our exclusive benefit.

2. Third-Party Material: Under no circumstances will Myte be liable in any way for any content or materials of any third parties (including Users) or any Qualified Charity Content (including, but not limited to, for any errors or omissions in any Qualified Charity Content), or for any loss or damage of any kind incurred as a result of the use of any such Qualified Charity Content. You acknowledge that Myte does not pre-screen Qualified Charity Content, but that Myte and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any Qualified Charity Content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

3. Qualified Charity Content Transmitted Through the Services: With respect to the Qualified Charity Content, you represent and warrant that you own all right, title, and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such Qualified Charity Content, including, without limitation, as it concerns all copyrights, trademark rights, and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any Qualified Charity Content, or any portion thereof, in connection with the Services, you hereby grant and will grant Myte and its affiliated companies and Users a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your Qualified Charity Content in connection with the operation of the Services or the promotion, advertising, or marketing thereof, in any form, medium, or technology now known or later developed. Without limiting the foregoing, if any Qualified Charity Content contains your name, image, or likeness, you hereby release and hold harmless Myte and its contractors and employees, from: (i) all claims for invasion of privacy, publicity, or libel; (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image, or likeness; and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your Qualified Charity Content, name, image or likeness. You waive any right to inspect or approve any intermediary versions or finished version of the results of the use of your Qualified Charity Content (including your name, image, or likeness). Further, if any person (other than you) appears in your Qualified Charity Content, you represent and warrant that you have secured all necessary licenses, waivers, and releases from such person for the benefit of Myte in a manner fully consistent with the licenses, waivers, and releases set forth above. You further acknowledge that your participation in the Services and submission of Qualified Charity Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Myte’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.

We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to: (a) remove, edit, or modify any Services Content or Qualified Charity Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or Qualified Charity Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all; and (b) remove or block any Services Content or Qualified Charity Content from the Services.

4. Payment Card Industry Data Security Standard: The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit card information. The primary purpose of the standard is to maintain controls around cardholder data to reduce credit card fraud. Although card data is processed and stored by our Payment Processors, Myte has achieved the highest level of PCI Compliance as PCI DSS Level 1 Compliance Service Provider.

5. Copyright or Trademark Complaints: Myte respects the intellectual property of others, and we ask our Qualified Charities and Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Myte of your infringement claim in accordance with the procedure set forth below. Myte will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), trademark-infringement, and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed infringement should be mailed or emailed to our agent as follows:

Lauren Aldredge

Cokinos Young
900 S. Capital of Texas Hwy
Suite 425
Austin, TX 78746

laldredge@cokinoslaw.com

To be effective, the notification must be in writing and contain the following information:

6. Counter-Notice: If you believe that your Qualified Charity Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the owner, the owner’s agent, or pursuant to the law, to upload and use the content in your Qualified Charity Content, you may send a written counter-notice containing the following information to the above-listed email or mail addresses:

If a counter-notice is received at the above-listed email address, Myte will send a copy of the counter-notice to the original complaining party, informing that person that Myte may replace the removed content or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider, member, or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

7. Repeat Infringer Policy: In accordance with the DMCA, trademark and other applicable law, Myte has adopted a policy of terminating, in appropriate circumstances and at Myte’s sole discretion, Users who are deemed to be repeat infringers. Myte may also at its sole discretion limit access to or terminate the Services or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. WITHOUT LIMITING OR NEGATING ANY OTHER WAIVER OF LIABILITY OR ASSUMPTION OF RISK CONTAINED IN THESE TERMS OF SERVICE, YOU AS A QUALIFIED CHARITY AGREE TO BE AND SHALL BE LIABLE TO MYTE FOR ANY AND ALL DAMAGES RESULTING FROM THE UNAUTHORIZED USE OF INTELLECTUAL PROPERTY BY THE USER.

IX. THIRD PARTY WEBSITES/SERVICES

The Platform, Services or Third Party Providers may provide or facilitate links, tools, widgets, or other features that allow you to access other sites, services, and resources provided by third parties (collectively, “Third-Party Resources”). Myte has no control over such Third-Party Resources or any products, services, or content made available through or by such Third-Party Resources, or the business practices of the third parties providing such Third-Party Resources, and Myte is not responsible for and does not endorse such Third-Party Resources or the products, services, or content made available thereby. You acknowledge that Myte is not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such Third-Party Resources. You further acknowledge and agree that Myte will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such Third-Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third- Party Resources. As an example of this, if you use the Platform through your mobile device, and you upload a video to a Qualified Charity or Donation page, that video will be uploaded using YouTube, and subject to the YouTube Terms of Service. And you agree that Myte is not liable for any loss or claim that you may have against any such third party.

X. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MYTE AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT.

MYTE AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

XI. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MYTE NOR ITS AFFILIATES WILL BE LIABLE FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS; (III) DAMAGES FOR LOSS OF GOODWILL; (IV) DAMAGES FOR LOSS OF USE; (V) LOSS OR CORRUPTION OF DATA; OR (VI) OTHER INTANGIBLE LOSSES (EVEN IF MYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MYTE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY, OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MYTE LLC IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US$ 100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

XII. DISPUTES

ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

1. Arbitration; Class Action Waiver: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, OR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) file suit in a court of law to address an intellectual-property infringement claim.

2. The Process: Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: Myte, LLC, 11300 N.Central Expy. Suite 612 Dallas, Texas 75243, United States. The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we are not successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (a) the amount awarded by the arbitrator; or (b) US$10,000.00.

3. Fees: If you commence arbitration in accordance with these Terms of Service, we will reimburse you for your payment of the filing fee unless your claim is for more than US$10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed-on location in Dallas, Texas, but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

4. No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

5. Modifications to this Arbitration Provision: If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

6. Enforceability: This Disputes Section shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision hereof shall be prohibited or invalid under any such law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating or nullifying the remainder of such provision or any other provisions of this Disputes Section.

7. Confidentiality: We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, attorneys, and insurance providers.

XIII. TERMINATION

You agree that Myte, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any Qualified Charity Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

XIV. USER DISPUTES

You agree that you are solely responsible for your interactions with any other User in connection with the Services and Myte will have no liability or responsibility with respect thereto. Myte reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Services.

XV. GENERAL

These Terms of Service constitute the entire agreement between you and Myte and govern your use of the Services, superseding any prior agreements between you and Myte with respect to the Services. You also may be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content, or third- party software. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafter. These Terms of Service will be governed by the laws of the State of Texas without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Myte agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Dallas County, Texas. The failure of Myte to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Myte, but Myte may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform. Myte may, at any time, assign our rights or delegate our obligations in these Terms of Service without notice to you in connection with a merger, acquisition, Qualified Charity or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms of Service shall prevent Myte from complying with the law. Myte shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war or threats of war, terrorism or threats of terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, governmental regulation or advisory, recognized health threats as determined by the World Health Qualified Charity or the Centers for Disease Control or local government authority or health agencies, strikes or shortages, or curtailment of transportation facilities, fuel, energy, labor or materials.

XVI. PRIVACY NOTICE

At Myte, we respect the privacy of our Users. For details, please see our Privacy Notice. By using the Services, you consent to our collection and use of personal data as outlined therein.

XVII.QUESTIONS? CONCERNS? SUGGESTIONS?

Please contact us at support@joinmyte.com to learn more about Myte’s platform or to report violations or pose any question.