TERMS OF SERVICE

Last updated October 07, 2024

AGREEMENT TO OUR LEGAL TERMS

We are ImpactSwipe Corp. ("Company," "we," "us," or "our"). We operate the website https://impactswipe.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

Description of Services

ImpactSwipe provides a platform and related services that enable nonprofit organizations ("Organizations") to create, manage, and promote co-branded credit card programs. Through our platform, Organizations can offer their supporters ("Users") the opportunity to contribute to the Organization's mission through their everyday credit card purchases. Our services include, but are not limited to:

• Co-Branded Credit Card Creation: Assisting Organizations in designing and customizing co-branded credit cards that reflect their brand identity and mission.
• Program Management: Facilitating the setup and ongoing management of the co-branded credit card programs in partnership with licensed financial institutions and card issuers.
• Marketing and Promotional Support: Providing tools, resources, and guidance to help Organizations effectively promote their co-branded credit card programs to their supporter base.
• User Engagement: Enabling Users to apply for, activate, and use the co-branded credit cards, thereby generating contributions to the associated Organization through their transactions.
• Reporting and Analytics: Offering Organizations access to reports and analytics to track the performance of their co-branded credit card programs.
• Customer Support: Providing support services to both Organizations and Users for inquiries related to the co-branded credit card programs.

By using our Services, Organizations and Users can seamlessly integrate charitable giving into everyday financial activities, amplifying the impact of nonprofit missions.

You can contact us by email at info@impactswipe.com or by mail to:

ImpactSwipe Corp.
__________
__________, __________

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and ImpactSwipe Corp., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. By continuing to use the Services after the date such revised Legal Terms are posted, you will be deemed to have accepted the changes.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PROHIBITED ACTIVITIES
6. USER GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. THIRD-PARTY WEBSITES AND CONTENT
9. SERVICES MANAGEMENT
10. PRIVACY POLICY
11. TERM AND TERMINATION
12. MODIFICATIONS AND INTERRUPTIONS
13. GOVERNING LAW
14. DISPUTE RESOLUTION
15. CORRECTIONS
16. DISCLAIMER
17. LIMITATIONS OF LIABILITY
18. INDEMNIFICATION
19. USER DATA
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
21. SMS TEXT MESSAGING
22. CALIFORNIA USERS AND RESIDENTS
23. MISCELLANEOUS
24. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), or the Gramm-Leach-Bliley Act (GLBA). If your interactions are subject to such laws, you may not use the Services.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We own or license all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in the United States and internationally.

The Content and Marks are provided "AS IS" for your personal, non-commercial use or internal business purpose only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the PROHIBITED ACTIVITIES section below, we grant you a non-exclusive, non-transferable, revocable license to:

• Access the Services; and
• Download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.

Except as expressly provided, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section, please contact us at info@impactswipe.com. If we grant you permission, you must identify us as the owners or licensors of the Content or Marks and ensure any copyright or proprietary notices are visible.

We reserve all rights not expressly granted to you in the Services, Content, and Marks. Any breach of these Intellectual Property Rights will terminate your right to use our Services immediately.

Your Submissions

By sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submissions. We shall own and be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, without acknowledgment or compensation to you.

You are responsible for what you post or upload

By sending us Submissions through any part of the Services, you:

• Confirm that you have read and agree with our PROHIBITED ACTIVITIES and will not post any Submission that is illegal, harassing, defamatory, or otherwise objectionable;
• Waive any moral rights to such Submissions;
• Warrant that such Submissions are original to you or that you have the necessary rights and licenses to submit them; and
• Warrant that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and agree to reimburse us for any losses we may suffer due to your breach of this section.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

1. All registration information you submit is true, accurate, current, and complete;
2. You will maintain the accuracy of such information and promptly update it as necessary;
3. You have the legal capacity and agree to comply with these Legal Terms;
4. You are not a minor in your jurisdiction of residence;
5. You will not access the Services through automated or non-human means;
6. You will not use the Services for any illegal or unauthorized purpose; and
7. Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account. We reserve the right to remove or change a username you select if we determine it is inappropriate.

5. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used in connection with any commercial endeavors except those endorsed or approved by us.

As a user of the Services, you agree not to:

1. Systematically retrieve data from the Services to create a collection or database without written permission from us.
2. Trick or mislead us and other users.
3. Circumvent or interfere with security-related features of the Services.
4. Disparage or harm us and/or the Services.
5. Use information from the Services to harass or harm another person.
6. Make improper use of our support services or submit false reports.
7. Use the Services in violation of any laws.
8. Engage in unauthorized framing of or linking to the Services.
9. Upload or transmit viruses or other harmful material.
10. Use any automated system, such as scripts or bots.
11. Delete any copyright or proprietary rights notice from the Content.
12. Impersonate another user or use another's username.
13. Upload or transmit passive or active information collection mechanisms.
14. Interfere with the Services or networks connected to the Services.
15. Harass or threaten our employees or agents.
16. Attempt to bypass measures designed to restrict access to the Services.
17. Copy or adapt the Services' software.
18. Decipher or reverse engineer any software on the Services.
19. Use unauthorized scripts or software.
20. Use a buying agent to make purchases on the Services.
21. Make unauthorized use of the Services.
22. Use the Services to compete with us.
23. Sell or transfer your profile.
24. Use the Services to advertise or sell goods and services.

6. USER GENERATED CONTRIBUTIONS

The Services do not offer users the ability to submit or post content.

7. CONTRIBUTION LICENSE

You agree that we may access, store, and use any information you provide according to the terms of the Privacy Policy and your choices.

By submitting suggestions or feedback, you agree we can use and share such feedback for any purpose without compensation to you.

8. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to other websites ("Third-Party Websites") and content belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Content are not monitored by us, and we are not responsible for them. Inclusion of any Third-Party Websites or Content does not imply approval or endorsement by us.

If you decide to leave the Services and access Third-Party Websites, you do so at your own risk. We are not responsible for any harm resulting from your use of Third-Party Websites or Content.

9. SERVICES MANAGEMENT

We reserve the right to:

1. Monitor the Services for violations of these Legal Terms;
2. Take legal action against anyone violating the law or these Legal Terms;
3. Refuse or restrict access to any of your Contributions;
4. Remove or disable excessive or burdensome files and content;
5. Manage the Services to protect our rights and property.

10. PRIVACY POLICY

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. If you access the Services from elsewhere, you consent to have your data transferred to and processed in the United States.

11. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services. We reserve the right to deny access to the Services to any person for any reason. We may terminate your use or delete your account at any time without warning.

If we terminate or suspend your account, you are prohibited from registering a new account under your name or the name of any third party.

12. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change or remove the Services at any time without notice. We are not liable for any modification or discontinuance of the Services.

We cannot guarantee the Services will always be available. We may experience interruptions, and you agree that we have no liability for any loss caused by your inability to access the Services.

13. GOVERNING LAW

These Legal Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles.

14. DISPUTE RESOLUTION

Informal Negotiations

Before initiating arbitration, the parties agree to attempt to negotiate any Dispute informally for at least thirty (30) days.

Binding Arbitration

If unresolved, Disputes will be settled by binding arbitration under the rules of the American Arbitration Association ("AAA"). The arbitration may occur in person, through documents, by phone, or online. Arbitration will take place in the United States, Florida.

Restrictions

Arbitration shall be limited to the Dispute between the parties individually. No class action or representative proceedings are permitted.

Exceptions

The following Disputes are not subject to arbitration:

1. Enforcement or protection of intellectual property rights;
2. Allegations of theft, piracy, or unauthorized use; and
3. Claims for injunctive relief.

15. CORRECTIONS

There may be information on the Services containing typographical errors or inaccuracies. We reserve the right to correct any errors and update the information on the Services at any time.

16. DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

17. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT OR DATA, ARISING FROM YOUR USE OF THE SERVICES.

18. INDEMNIFICATION

You agree to indemnify and hold us harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, arising out of:

1. Use of the Services;
2. Breach of these Legal Terms;
3. Violation of the rights of a third party; or
4. Any harmful act toward another user.

19. USER DATA

We will maintain certain data you transmit to the Services. However, you are solely responsible for all data you transmit, and you agree we have no liability for any loss or corruption of such data.

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using the Services, you consent to receive electronic communications and agree that all agreements and notices provided electronically satisfy any legal requirement that such communications be in writing.

21. SMS TEXT MESSAGING

Opting Out

To stop receiving SMS messages, reply with "STOP." You may receive a confirmation message.

Message and Data Rates

Message and data rates may apply, determined by your carrier and plan.

Support

For assistance with SMS communications, email us at info@impactswipe.com.

22. CALIFORNIA USERS AND RESIDENTS

If any complaint is not resolved satisfactorily, you can contact the Complaint Assistance Unit of the California Department of Consumer Affairs at:

1625 North Market Blvd., Suite N 112
Sacramento, California 95834
Phone: (800) 952-5210 or (916) 445-1254

23. MISCELLANEOUS

These Legal Terms constitute the entire agreement between you and us. Our failure to enforce any right or provision shall not operate as a waiver. If any provision is unlawful or unenforceable, it does not affect the validity of remaining provisions. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

24. CONTACT US

To resolve a complaint or receive further information regarding the Services, please contact us at:

ImpactSwipe Corp.
Email: info@impactswipe.com