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Chariot Terms of Service

Effective Date: January 1, 2025

Chariot Giving Inc. (hereinafter “Chariot”, “we”, “us”, or “our”) operates a platform of web properties and services (collectively “Platform” or “Chariot Platform”) to initiate, facilitate and process payments between individuals, Nonprofits, and other organizations in the philanthropic ecosystem.

 

These Nonprofit Terms of Service form a contract between End Users (individuals and the nonprofit organizations they represent, as well as visitors to our Platform, each “you” or “your” as used in these Nonprofit Terms, and as further defined below) and Chariot, and govern your use of our Platform and the associated Services. 

 

References to “Nonprofit Terms” or “Terms” mean this agreement and any terms and agreements incorporated herein by reference, which includes, but is not limited to Chariot’s Privacy Policy and Electronic Communications Delivery Policy (“E-Sign Consent”). 

By accessing our Websites, creating an Account, and/or using our Platform, you agree:

  • That you are 18 years of age or older

  • To be bound by these Nonprofit Terms both as an individual and as an entity which you represent in connection with your use of the Platform

  • If you are accepting on behalf of your employer or another entity (which may be a corporation, not-for-profit corporation, trust, or any other type of organization which is associated with an Account), you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these Nonprofit Terms; (ii) you have read and understand these Nonprofit Terms; and (iii) you agree to these Nonprofit Terms on behalf of the party that you represent. If you do not have the legal authority to bind your employer or the applicable entity, you are not permitted to use the Platform on behalf of that entity.

 

If you do not agree to these Nonprofit Terms, you may not use our Platform or the associated Services. 

THE DISPUTE RESOLUTION SECTION OF THESE TERMS, SECTION 5, CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, THIS SETS FORTH OUR ARBITRATION TERMS WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION TERMS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN THE DISPUTE RESOLUTION SECTION; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION TERMS COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION. PLEASE SEE THE DISPUTE RESOLUTION SECTION FOR MORE INFORMATION REGARDING THESE ARBITRATION TERMS, THE POSSIBLE EFFECTS OF THESE ARBITRATION TERMS, AND HOW TO OPT OUT OF THE ARBITRATION TERMS.

 

1. Defined Terms

Capitalized terms in these Nonprofit Terms are defined as follows.

 

1.1 Chariot Services and Platform

“Services” means:

  • The display and support for the Chariot Platform including Chariot Accounts and associated dashboard displays and available Nonprofit User or DAF Donor actions;

  • Any connections to, and integrations with, third party services, including any Fundraising Platforms or DAF Providers, as it relates to the Platform, including any pass-through account verification services or mechanisms; 

  • Activities underlying the operation of the Platform, including Chariot’s Customer Relationship Management Infrastructure, and integrations with third-party compliance vendors like Footprint and Unit21;

  • All activities, functions, and operations related to the facilitation of DAFpay, Chariot Processing, or Chariot Disbursements;

  • The related operations of Chariot to deliver, update, evolve, and maintain the Platform, including without limitation to initiate or process donations and data from individuals or Payers to Nonprofits, or to send payments from Payers to Nonprofits

 

“Chariot Platform” or “Platform” means the Services along with the collective web properties or apps offered by Chariot including:

  • The websites available at www.givechariot.com (“Website”), www.dafpay.com, www.dafday.com and all content thereon collectively referred to as “Websites”;  

  • DAFpay, including the DAFpay button and all DAFpay components, as installed on a Nonprofit website either directly or by a Fundraising Platform whether as a standalone HTML code snippet or via an API key;

  • Any donation facilitation initiated by, or other interactions with, DAFpay, allowing DAF Donors to easily access their funds anywhere they are inspired to give and to initiate a donation to a Nonprofit, including to manage the distribution of charitable funds through our Services to Non-User Nonprofits;

  • Functions used in the course of effecting donations that also track and verify those donations;

  • A Chariot Account which includes dashboards that shows among other things, donation history, received payments, sent payments, reconciled transactions, data manipulations or transformations, and data exports; 

  • Payment processing functions to initiate, receive, or send donations;

  • Any databases or procedures maintained, established, or aggregated by Chariot including, but not limited to, lists of DAF providers, lists of Nonprofit Information including Nonprofit Addresses, and Compliance protocols used to facilitate our Services and operate our Platform

  • Chariot’s access to, data collection from, and any activity on third-party DAF Providers, including by accessing and collecting information on behalf of DAF donors and sharing such information as specified by non-anonymous donors to their nonprofit recipient of choice

  • Access to and monitoring of payment processing status and details, such as the date and amount of a donation

 

​1.2 Other Defined Terms

“Account” or “Chariot Account” means the profile created by a Nonprofit Officer and accessed by Nonprofit Users to engage with the Chariot Platform, the associated Nonprofit dashboard, and all related Services.

“Bank Partners” refers to the FDIC-insured financial institution partner(s) providing the underlying Banking Services which you access through your Account.

 

"Banking Services" means deposit accounts, payment services, and related banking functionality provided through our Banking Partners. 

 

“Chariot Processing” means the Service offered by Chariot to streamline the way in which Nonprofits receive, collect, transform, and export the payments and data received from Linked Payers. 

 

“Chariot Disbursements" means the Service offered by Chariot to Payers to streamline the way in which they find, identify, validate, and send payments and related transaction data to Nonprofits.

 

“Check Processing” means the Service offered by Chariot within Chariot Processing to receive, open, scan, and read Mail and to deposit checks and upload data received by Chariot on the Nonprofit’s behalf.   

 

“Customer Relationship Management Infrastructure” means all the tools and third-party services Chariot uses to manage communication with Nonprofits or partners including for example: Email, Slack, and Hubspot. 

 

“DAF” means a Donor Advised Fund.

 

“DAFpay” means Chariot’s donor-facing DAF grant initiation tool embedded by Nonprofits or Fundraising Platforms on their websites to facilitate seamless grant initiation for DAF Donors.  

“DAF Donors” means an individual who has a DAF account with a DAF Provider.

 

“DAF Provider” or “Donor Advised Fund Provider” means any organization offering or providing DAF administration services to individuals or organizations. 

 

“External Accounts” means any account held and owned by the Nonprofit at a financial institution and authorized for withdrawals of funds available in the Chariot Account.

 

“Fees” means charges to you for use of our Platform or Services.

 

“Fundraising Platform” means any third-party organization used by an individual or Nonprofit, whether online or in person, to engage with individuals or donors in an effort to collect or manage donations. 

 

“Order Form” means any agreement (including supplements, addendums, exhibits, appendices and/or any amendments to the agreement or any of foregoing) agreed between Nonprofit and Chariot for Services, which may include Fees for the use of such Services and impose specific terms and conditions on Nonprofit’s use of Services. The terms and conditions of Order Forms are supplemental to, and not in lieu of, these Nonprofit Terms.  In the event of any inconsistency between the terms of an Order Form and these Nonprofit Terms, the terms of the Order Form shall govern.

 

“Mail” refers to any checks, correspondence, or documents received through the Check Processing service.

 

“Nonprofit” means any tax-exempt organization registered with the IRS (Internal Revenue Service) and listed in the Exempt Organizations Business Master File Extract.

 

“Nonprofit Address” means a physical mailing address or a digital bank account address used to send payments to a Nonprofit. 

 

“Nonprofit Information” means all the unique data tied to a Nonprofit collected or generated by Chariot, including new electronic Nonprofit Addresses and organizational identities.   

 

“Nonprofit Officer” means any individual who has been verified as a registered control person with authorized signatory permissioning for a Nonprofit.

 

“Nonprofit User” or “User” means any individual who has been verified to access or use our Platform and Services on behalf of an eligible Nonprofit, including any Nonprofit Officers.

 

“Non-User Nonprofit” means a Nonprofit who has yet to create an Account or verify a Nonprofit User but has received a gift from a donor utilizing DAFpay and/or the DAFpay Network. 

 

“Notice” means any physical, voice, or electronic communication, including legal messages, tax or account statements, transaction confirmations, or service updates that are provided or directed to Nonprofit or Nonprofit Users and/or your Chariot Account, including via email, in-app notifications, SMS/text, and phone numbers associated with mobile phones or devices.

 

“Payer” means any Nonprofit accessing Chariot’s Platform to send payments to other Nonprofits. Payer includes DAF Providers, Foundations, and Grantmakers as well as other Nonprofit types. 

 

“Linked Payers” means any Payer who a Nonprofit connects within their Chariot Account for the receipt of data and payments.

 

“Payment Method” means any payment source or information owned by your Nonprofit including a bank account and/or credit card information, that you provide to pay Fees. 

 

“Prohibited Person” means any individual or organization that is subject to sanctions in the United States, identified on any lists maintained by OFAC or the U.S. Department of State, or is subject to any law, regulation, or other list of any government agency that prohibits or limits us from providing a Chariot Account or Services to such individuals or from otherwise conducting business with the person.

 

“User Information” means any personal or organizational information or documentation provided by a Nonprofit User to Chariot.

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2. Opening a Chariot Account ​

 

​2.1 Eligibility

To open and maintain a Chariot Account, including deposit accounts offered by our Banking Partners, you are required to be a Nonprofit Officer and to provide User Information as determined by us. We provide User Information alongside Nonprofit Information to Bank Partners and other third-party service providers to determine your eligibility for access to certain Services. We rely on the accuracy of the User Information you provide us when opening and maintaining your Account. You shall keep all User Information accurate, complete, up to date, and securely stored at all times. We may require additional information from you and retain the right to freeze or suspend Services to you, or close your Account, if your User Information is out of date, incomplete, or inaccurate, whether during initial account creation or thereafter. By agreeing to these Nonprofit Terms, you agree to enter into the Terms of Use, Terms of Service or similar terms and conditions of each such Bank Partner and other third-party service providers, which may be linked from these Nonprofit Terms or as may be provided to you from time to time. This includes Footprint, our KYC/KYB onboarding provider, whose terms of service can be found here. If required by such third parties, you agree to sign or acknowledge such terms and conditions by separate agreement (whether in writing or electronically).

 

You can only become a Nonprofit User if you are an authorized representative of a registered 501(c)(3) organization in good standing with any jurisdiction where it is registered and/or operates, or are generally eligible for receipt of grants from most DAF Providers. No Prohibited Person may become a Nonprofit User. You may only create a Chariot Account if you are a Nonprofit Officer. If, following the creation of an Account the nature of your Nonprofit changes, including by losing your tax-exempt and/or charitable status, you agree to promptly notify Chariot by emailing contact@givechariot.com.

 

​2.2 Account Requirements and User Representations

You represent and warrant that you have all necessary rights to use your Account with the Platform, that you are the owner of and have all rights to input and grant us a license to the User Information, and that you have any and all right necessary to submit the User Information in connection with the Platform. 

 

As a Nonprofit User, you represent and warrant, on your own behalf and on behalf of the Nonprofit you represent, that:

  • That your status as a 501(c)(3) or other exempt organization is active and in good standing in all applicable jurisdictions where you operate

  • That you conduct and will conduct, on a timely basis, any legally-required audits

  • That you file and will file, on a timely basis, annual reports on Form 990 or other periodic reporting required by any jurisdiction in which you operate

  • That your use of donated funds is, and at all times will be, in accordance with the requirements of law for tax-exempt organizations, including without limitation under Section 501(c)(3) of the Internal Revenue Code

  • That your use of any funds donated through the Platform will be in accordance with the representations and statements made on the website where any Platform components are installed and used, and in any event for a permissible charitable purpose

  • That your use of DAFpay will be limited to instances where DAF donations are eligible as required by the Internal Revenue Code, government regulators, and relevant DAF provider third-party policies

  • That any representations or statements made about your operations or use of donated funds on the website where Platform components are installed are accurate and complete at all times

  • That there are no pending or threatened claims of material wrongdoing, misrepresentation, or noncompliance against the Nonprofit

  • That the email, Account, and other User Information are at all times up to date, accurate, and complete, and that you will update your Chariot account promptly if there are any changes

  • That you consent to, and have the right to consent to, allow Chariot to update Account credentials in connection with the above notice

  • That you will provide additional access credentials to the Platform only to those agents of your organization who agree to comply with these Terms

  • That you will comply with the terms applicable to your use of any third party platforms (for example, a Customer Relationship Management platform or Fundraising Platform) which you choose to integrate with our Services

  • That, in the event you collect any personal information from a donor who uses the Chariot Platform, you have and will do so in accordance with all applicable law and with sufficient user consent

 

If you do not agree to each of the user representations above, you are not permitted to open or maintain an Account in connection with the Services.

 

Consent to Electronic Signature (E-sign) and Electronic Communications

You agree that completing Chariot Account creation processing and indicating your agreement to these Nonprofit Terms electronically during the Chariot Account creation process constitutes your electronic signature to these Nonprofit Terms. You also agree that your electronic consent has and will have the same legal effect as a physical signature. By agreeing to these Nonprofit Terms you agree to consent to us providing Notices and account statements to you electronically, and understand that this consent has the same legal effect as a physical signature. You may only withdraw consent to receive Notices electronically by closing your Chariot Account.

2.3 Account User Compliance Requirements and Restrictions

You agree to comply with all laws and regulations applicable to your use, including but not limited to relevant know-your-customer (KYC), anti-money-laundering (AML) and bank-secrecy-act (BSA) laws, rules and regulations of each applicable jurisdiction, as well as any rules and guidelines that we post or display through the Platform. You must not (1) use or access anyone else’s DAF Donor data or Accounts or related data, (2) submit information about anyone else’s identity or Accounts or that violates any third-party rights or (3) use the Platform for any fraudulent, illegal or misleading purpose. 

 

You also agree not to (a) modify, reverse engineer or seek to gain unauthorized access to the Platform or related systems, data or source code, (b) bypass or circumvent measures designed to prevent or limit access to any part of the Platform, (c) rent, lease, provide access to, or sublicense any elements of the Platform to a third party or use the Platform on behalf of or to provide services to third parties, (d) copy, modify or create derivative works of the Platform or remove any of Chariot’s proprietary notices, (e) access the Platform for competitive purposes or publish any benchmark or performance information about the Platform, (f) use the Platform in any manner that could damage, disable, overburden, or impair the functioning of the Platform or interfere with, disrupt or negatively affect other End Users, (g) use a Chariot Account for any personal, family, or household use, (h) use an Account for any transaction involving any Prohibited Activities, (i) provide or use the Account for any transaction involving an individual, organization, country, or jurisdiction that is blocked or sanctioned by the United States, including those identified on any lists maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) or the U.S. Department of State, or (j) use the Platform for any purpose not related to the business of a Nonprofit or in line with these Nonprofit Terms. 

 

USA Patriot Act Notice:

To help the United States government prevent fraud and fight the funding of terrorism, money laundering and related activities, Section 326 of the U.S.A. Patriot Act requires that Chariot obtain, verify, and record information that identifies each person who applies for a Chariot Account. We shall ask the customer control persons for their name, address, date of birth, and other identification information. We may also inspect or copy your driver’s license or other identifying documents. If you fail or refuse to provide such information, Chariot may decline to provide financial services or establish or continue a customer relationship with you. This policy also extends to signatory individuals added to an existing or in-process account application.

 

Reserve Right to Terminate Affiliation

We may terminate Chariot Accounts that we know or believe are engaged in any Prohibited Activities or otherwise do not comply with the restrictions in this section, as determined in Chariot’s sole discretion. Chariot may limit Nonprofit’s or other authorized parties’ use of or access to certain Services or require that you provide additional information to open or maintain your Chariot Account where Nonprofit is engaged in Prohibited Activities, as determined in Chariot’s sole discretion. 

 

We value the principles and ethos upon which our company was built. We reserve the right, at our sole discretion, to remove, discontinue, or terminate any association or partnership with any Nonprofit User that fails to uphold or align with our company's core values. Such a decision will be communicated formally and may result in immediate termination of any affiliations, partnerships, or agreements.

 

We may update the lists of Prohibited Activities at any time by posting a revised version to our Website. The revised version will be immediately effective upon posting and it is your responsibility to ensure you do not violate these terms. 

 

3. Managing Your Chariot Account 

​3.1 Owners, Admins and Users

The Nonprofit Officer who first creates your Chariot Account will be defaulted as the primary Owner for your Nonprofit’s Chariot Account. In the event that an individual designated as the Owner is no longer a registered control person with authorized signatory permissioning for the Nonprofit for which they have an Account, and if there is no other Nonprofit Officer already on the Account, another Nonprofit User must notify Chariot promptly and shall be responsible to submit a new Nonprofit Officer with such requisite power for verification. Until such time that a new Nonprofit Officer is verified the Chariot Account will be frozen. 

Owners may take a variety of actions including inviting other Nonprofit Users to become Admins with similar control oversight to an Account Owner. Admins can add, remove, or manage additional Admins and Nonprofit Users; apply for or remove additional Services; connect and authorize withdrawals to External Accounts; and consent to new and updated terms, if applicable. Admins must not authorize the use of the Chariot Account or the Services by any Prohibited Person. More details about Owner or Admin permissions are available within your Account, and we may change these permissions from time to time by updating our Platform or otherwise providing you Notice.

Certain Services include additional permission levels and authorizations, in which case Admins will be able to authorize and assign Nonprofit Users these permission levels and authorizations.

3.2 Profiles and User Information

You agree that we may collect, store, and use certain identifying information, including your name, your email, your EIN number, a profile photo, and/or your logo (collectively, “User Information”). You hereby consent to the data handling practices described in our Privacy Policy in connection with any User Information you choose to submit to us. You agree that Chariot may use or disclose User Information when required by a court order or verified request of a governmental authority, including the Internal Revenue Service.

 

4. Using Chariot Services

4.1 DAFpay

When DAFpay is used by a DAF donor to initiate a gift to you, the method by which Chariot manages the grant initiation process varies depending on if you have a Chariot Account or if you are a Non-User Nonprofit. ​Chariot will use our reasonable efforts to initiate donations promptly, but you acknowledge and agree that only the DAF Provider, and not Chariot, can guarantee your receipt of any donation at any particular time. 

 

DAFpay for Nonprofits with a Chariot Account

Nonprofits with a Chariot Account will have their grants sent directly to them from the DAF Donor’s DAF Provider. These funds may arrive via ACH or a mailed check, depending on the DAF Providers payout methods and any Nonprofit Address provided by the Nonprofit to the DAF provider or independently sourced by the DAF Provider. 

DAFpay for Non-User Nonprofits Chariot utilizes the DAFpay Network as a third-party nonprofit to facilitate payments to Non-User Nonprofits who do not have a Chariot Account. The DAFpay Network will hold the funds temporarily before facilitating the transfer of the funds to the final nonprofit recipient. All transfers and holding of funds through the DAFpay Network will be subject to the Terms and Conditions (https://www.dafpaynetwork.org/nonprofit-terms) and Privacy Policy (https://www.dafpaynetwork.org/privacy-policy) of the DAFpay Network.

Chariot will receive confirmation from the DAFpay Network upon successful transfer of the funds to the designated nonprofit organization. Chariot and the DAFpay Network agree to maintain transparency in the fund distribution process.

 

For the Terms governing a DAF Donor’s use of DAFpay please see DAFpay’s Terms of Service and DAFpay’s Privacy Policy.

 

4.2 Chariot Processing

Services offered in connection with Chariot Processing are facilitated within your Chariot Account. By Linking Payers within your Chariot Account you authorize Chariot to update your Nonprofit Address and other necessary Nonprofit Information within the relevant Payer portal. You further authorize Chariot to collect, transform, and display the relevant Linked Payers transaction data and payments to permissioned Nonprofit Users associated with your Account. You acknowledge that Chariot makes no guarantee to when, how, or if you’ll receive funds from a Payer and that receipt of funds may be subject to specific terms and conditions of the relevant Payer. 

 

Chariot Processing offers virtual mailboxes, mail processing, mail opening, check depositing and mail reading services within its Check Processing offering. Chariot utilizes third parties to offer Check Processing and by utilizing Check Processing you agree to abide by all relevant terms and conditions of these third-party providers. You consent to Chariot opening, scanning, extracting data, and depositing any Mail received in connection with the Check Processing offering into your Chariot Account. Chariot will not use or access your Mail for any other purpose. Chariot shall not be liable for any lost, stolen, or mishandled Mail and will have no obligation to take any action in relation to, any Mail that continues to be delivered to Chariot after the termination or expiration of your Chariot Account or these Nonprofit Terms. Chariot Check Processing will not handle cash sent by Mail; If cash is sent it will be returned to the sender or forwarded to the nonprofit’s primary office address. 

 

Chariot Processing includes workflow automations (including through artificial intelligence mechanisms) which provide the ability to automatically apply tags, transform data, or export data or payments based on rules established by you or other Nonprofit Users within your Chariot Account. You acknowledge that any automations or logic you establish may have errors and will not hold Chariot responsible for any business disruptions that occur as a result of workflow automations associated with your use of Chariot Processing within your Chariot Account.   

 

In order to withdraw funds held with the Bank Partner associated with your Chariot Account, you must connect an External Account. Only Account Admins will be able to connect an External Account. All External Accounts must be owned by your Nonprofit. You authorize us to verify that the account details you provide for your External Accounts are correct, properly authorized, and belong to your Nonprofit.

 

Access to certain Services within Chariot Processing may be limited and may require agreement to an additional Order Form for upgraded Services. 

 

4.3 Chariot Disbursements

Access to Chariot Disbursements will be limited to eligible Payers making significant payouts to Nonprofits on a regular basis and who have signed a separate Chariot Disbursements Payer Agreement. Usage of functionality associated with Chariot Disbursements will be made available to you within your Chariot Account if applicable. If you are a Payer who wants to use this service, please reach out at https://www.givechariot.com/daf-contact-form or email contact@givechariot.com

 

4.4 Fees

You understand and agree that by using the Platform or Services, you agree to pay any and all Fees when due, including as set forth in all applicable Order Forms you enter into with Chariot. We will disclose Fees to you on our Websites, when opening your Chariot Account, when you start using a new Service, via an Order Form, or by updating these Nonprofit Terms.

 

You agree that Chariot may charge or debit a Payment Method connected to your Account. You may change or update Payment Methods through your Chariot Account. You agree to be responsible for covering any fees charged by your Payment Method in association with your payment of Fees. If you connect a Payment Method, you agree to at all times maintain accurate and up to date information regarding the Payment Method you provided for your Account.

 

DAFpay Processing Fees

You will pay the applicable DAFpay Processing Fees per your agreements with any Fundraising Platforms, or if no such agreements exist, you will pay 2.9% (rounded to the nearest whole dollar) of the amount of any donation initiated through DAFpay (collectively, the “ DAFpay Processing Fees”).

 

Chariot may choose to decrease or limit the instances in which it charges DAFpay Processing Fees in which case you will automatically pay the reduced fee rate. You may also remove DAFpay Processing Fees entirely by electing to adopt sign up for Chariot Plus which can include DAFpay gift initiation with no DAFpay Processing Fees as governed by your Chariot Plus Order Form. 

 

Chariot may collect DAFpay Processing Fees in multiple ways. 

  • Chariot may prepare and deliver to you a monthly invoice for DAFpay Processing Fees incurred in the relevant prior month period. 

  • Chariot may have DAFpay Network deduct DAFpay Processing Fees as governed by its relationship with the DAFpay Network for payments to Non-User Nonprofits.

  • Chariot may charge a Payment Method associated with your Chariot Account. 

  • In rare cases, Chariot may debit funds directly from your Chariot Account. Please see Late Fees and Account Deductions below

 

Chariot Plus

Chariot offers advanced features and functionality via subscriptions for your Account as part of Chariot Plus. Your Account features, Fees, and Services available may vary depending on your subscription level and will be governed by supplemental Order Forms agreed to by you when signing up for Chariot Plus, whether facilitated directly by the Chariot team or done by you directly within your Chariot Account.  

 

Late Fees and Account Deductions

Fees, other than amounts disputed in good faith, are due within 15 days once received by you and are subject to a finance charge of 0.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower. You authorize Chariot or Bank Partners to debit your Account in the amount of any Fees owed after 45 days.

 

5. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CHARIOT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS DISPUTE RESOLUTION SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT” OR “AGREEMENT”.

(a) Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding Chariot or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with Chariot as a User of our Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Chariot may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.

(b) Informal Resolution. You and Chariot agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Chariot therefore agree that, before either you or Chariot demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Chariot that you intend to initiate an informal dispute resolution conference, email contact@givechariot.com, providing your name, telephone number associated with your Chariot account (if any), the email address associated with your Chariot account, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

(c) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to paragraph 12(b). If this notice is being sent to Chariot, it must be sent by email to the counsel who represented Chariot in the informal dispute resolution process, or if there was no such counsel then by mail to Attn: Legal - 333 West 52nd St. Suite 1008, New York, NY 10019. The arbitration will be conducted by an independent third party arbitration provider selected by Chariot under such third party arbitrator’s rules and pursuant to the terms of this Agreement. Arbitration demands must include (1) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (4) the signature of the party seeking arbitration. Disputes shall be subject to the rules of the independent Arbitrator. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the county where you live or at another mutually agreed location.

(d) Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and Chariot. Except as expressly agreed to in this Arbitration Agreement, the arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and Chariot.

(e) Waiver of Jury Trial. YOU AND CHARIOT WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Chariot are instead electing to have claims and disputes resolved by arbitration, except as specified above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

(f) Waiver of Class or Consolidated Actions. EXCEPT AS EXPRESSLY AGREED TO IN SECTION(G) OF THIS ARBITRATION AGREEMENT, YOU AND CHARIOT AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS EXCEPT AS SET FORTH IN SECTION (G). CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER EXCEPT AS SET FORTH IN SECTION (G). If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Chariot is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 6.12. This provision does not prevent you or Chariot from participating in a class-wide settlement of claims.

(g) Batch Arbitrations. To increase efficiency of resolution, in the event 100 or more similar arbitration demands against Chariot, presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with Chariot and the arbitration provider to implement such a batch approach to resolution and fees.

(h) Opt Out. Chariot’s updates to these Terms do not provide a new opportunity to opt out of the Arbitration Agreement for customers or Users who had previously agreed to a version of Chariot’s Terms and Conditions and did not validly opt out of arbitration. Chariot will continue to honor the valid opt outs of customers or Users who validly opted out of the Arbitration Agreement in a prior version of the Terms and Conditions. If you are a customer or User who creates a Chariot account for the first time on or after July 18, 2022, you may opt out of this Arbitration Agreement. If you do so, neither you nor Chariot can force the other to arbitrate as a result of this Agreement. To opt out, you must notify Chariot in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Chariot username (if any), the email address you currently use to access your Chariot account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: contact@givechariot.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.

(i) Survival. This Arbitration Agreement will survive any termination of your relationship with Chariot.

(j)  Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Chariot makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Chariot.

 

6. General Provisions

6.1 Term and Termination

​These Nonprofit Terms are effective once you access Chariot’s Platform or Services and continue until terminated by either you or us, in accordance with these Nonprofit Terms. 

 

At any time in its sole discretion, Chariot may terminate or suspend these Terms (or your use of the Platform) with or without notice and for any or no reason, including if Chariot suspects that you have violated these Terms and/or any applicable law. Chariot will have no liability to you for any termination or suspension, nor will such action limit any other rights or remedies Chariot may have. .All sections of these Nonprofit Terms which by their nature should survive termination will survive termination, including, without limitation, Chariot’s accrued rights to payment, confidentiality obligations, intellectual property ownership, warranty disclaimers, indemnification obligations, and limitations of liability, together with the Service-specific provisions herein that identify continuing obligations, and the agreements, terms, and policies incorporated herein giving rise to continuing obligations of the parties.

You may terminate your Account at any time on thirty (30) days prior written notice to Chariot at contact@givechariot.com. You acknowledge and agree that Chariot will affect any donations a DAF initiated prior to such termination. You acknowledge and agree that following the termination of an Account, (i) you will lose access to your Account including your nonprofit dashboard and associated Bank Partner and Banking Services, (ii) you are required to immediately remove any and all Platform functionality from your website, (iii) you will still be obligated to pay any Fees incurred prior to the effective date of termination of your Account, (iv) you will not be entitled to any refunds for any Fees paid prior to termination, and (v) you authorize Chariot to receive payment through automated means using your Payment Method, or charging an External Account on file, for any Fees incurred but not paid prior to termination.

 

6.2 Rights to the Platform

Chariot owns all rights, title and interest (including intellectual property rights) in and to the Platform and Services (including but not limited to DAFpay, API Keys and/or HTML code snippets that power DAFpay, our nonprofit dashboard, our DAF Provider interaction functionality, Chariot Processing including all associated workflows, Chariot Disbursements) and our related websites and technology. If you choose to give us feedback, suggestions or other inputs about the Platform or Services, we may use them without restriction.

Subject to your timely payment of any and all Fees, Chariot grants to Nonprofit Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the term of these Terms to copy and use our API keys and functionality and certain HTML code snippets accessed from our website for the sole purpose of installing DAFpay and accessing our Platform and Services. 

 

6.3 Content License

​You hereby grant to Chariot a worldwide, transferable, sublicensable, royalty-free, fully paid-up right and license to copy, use, store, display, and distribute your Nonprofit Information and any feedback you choose to offer us in connection with the operation, maintenance, optimization, and improvement of Chariot’s Platform and the delivery of the Services to you. As a Nonprofit User, the foregoing consent includes your permission and a license to display your organization’s logo on and in connection with the Platform, including without limitation a license to use and display any trademarks contained therein.

6.4 Disclaimers and Limitations of Liability

TO THE EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND ANY USE IS AT YOUR DISCRETION AND RISK. CHARIOT, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, AND THEIR RESPECTIVE SUPPLIERS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, OR NON-INFRINGEMENT. CHARIOT DOES NOT WARRANT THAT USE OF OUR PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ANY OF YOUR DATA WILL BE ACCURATE OR COMPLETE OR THAT CHARIOT WILL MAINTAIN ANY DATA WITHOUT LOSS.

Liabilities for our Platform. TO THE EXTENT PERMITTED BY LAW, CHARIOT, ITS AFFILIATES AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, INDEPENDENT CONTRACTORS, AND/OR AGENTS AND THEIR RESPECTIVE SUPPLIERS WILL NOT BE RESPONSIBLE FOR: (A) ANY LOST PROFITS, LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, FINANCIAL LOSSES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR (B) ANY DAMAGES OR AMOUNTS EXCEEDING, IN THE AGGREGATE, THE GREATER OF (1) THE AMOUNT YOU PAID US TO USE THE PLATFORM AND (2) ONE HUNDRED U.S. DOLLARS (US $100).

6.5 Modification

Chariot may modify these Terms from time to time. Unless we specify otherwise, modifications take effect (and govern future use of the Platform) when we post the modified version. Chariot will use reasonable efforts to notify you of material modifications, and you may be required to agree to the modified version. Continued use of Platform or Services constitutes acceptance of all modified Terms. If you do not agree to the modifications, your sole remedy is to cease using the Platform or Services.

 

6.6 Transferability 

These Terms may not be transferred or assigned by you without Chariot’s prior written consent. Chariot may assign or transfer these Terms to its affiliates or in connection with a merger, sale, reorganization or other change of control. In addition, Chariot’s affiliates, contractors and service providers may exercise Chariot’s rights or fulfill its obligations under these Terms. Waivers must be in writing and no waivers will be implied. If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions will remain unaffected and in full force and effect. These Terms are the final, complete and exclusive agreement between you and us relating the subject matter of these Terms and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. In these Terms, headings are for convenience only and the term “including” (and similar terms) will be construed without limitation.

 

6.7 Indemnification 

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Chariot, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of the Terms of Service, and the documents they incorporate by reference; (2) your breach of any representations or warranties in this Terms of Service; or (3) your violation of any law or the rights of a third-party.

 

6.8 Severability 

In the event that any provision of this Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

6.9 Account Inactivity and Escheatment

Accounts inactive for an extended period may be considered dormant and subject to escheatment. Each state has varying escheatment laws requiring us to send unclaimed funds to the state of your last known address. We are not responsible for funds escheated according to applicable law.

 

6.10 Telephone Communications

By providing a phone number, you expressly consent to receive communications at that number from Chariot and Chariot’s agents, including text messages and automated calls. This consent applies to all communications regardless of the call’s purpose.

 

6.11 Marketing Communications

You can opt out of receiving promotional communications from us at any time by following the instructions as provided. In emails you can click on the unsubscribe link. Please note that you cannot opt-out of non-promotional emails, such as those about your Chariot Account, transactions, servicing, or our ongoing business relations. If you have opted in to receiving text or SMS messages related to your use of the Services, you can opt-out at any time by texting "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. Text messaging originator opt-in data and consent will not be shared, sold, rented or otherwise disclosed by us for marketing purposes.

 

6.12 Governance

These Nonprofit Terms shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Except as otherwise provided in the Dispute Resolution section, any disputes arising out of this Agreement shall be brought exclusively in the courts located in New York County, New York and you agree to the exclusive jurisdiction of such courts.

6.13 Notices

Chariot may provide notices or communications to you through the email associated with your Nonprofit User, your Chariot Account, or through other reasonable methods. All notices, requests, and other communications to Chariot under these Terms must be in writing to Chariot Giving Inc., Attention: Legal, 333 West 52nd St. Suite 1008, New York, NY, 10019. (with a courtesy copy to contact@givechariot.com) and will be deemed given when delivered.

 

For any questions or additional information please contact Customer Support by email at support@givechariot.com

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