Terms of Use 

Menschy LLC Terms of Use

January 8, 2024

Welcome to the Menschy’s Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at https://www.menschy.io and through our browser extension application installed via the applicable browser store. “Service” refers to the Company’s services accessed via the Site and applications. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service. 

The following Terms of Use apply when you view or use the Service via our website located at https://www.menschy.io or by accessing the Service through clicking on the application (the “App”) in your web browser or mobile device.

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.  

PRIVACY POLICY

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here: https://www.menschy.io/privacy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

GENERAL INFORMATION ABOUT THE SERVICE

The Service allows you to select nonprofit organizations to support from a list of IRS approved nonprofit organizations in the United States. While using the Service, you will receive referral links to participating third party merchants. By clicking on these links and making a qualifying purchase based on the rules and conditions set forth by the Merchant your purchase becomes eligible for a donation to be made to the charities you have selected in the Service. 

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

You need to be at least 18 years old and a resident of the United States to register for and use the Service.

If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. Company utilizes third-party sign-on services, such as those made available by Facebook and Google, to make it easier for you to sign-in to The Service. Any use of such a third-party sign-on service is subject to the terms and conditions and privacy policies of such third parties. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions: 

You agree that you will not under any circumstances:

•   access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,
•   collect or harvest any personal data of any user of the Site or the Service 
•   use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
•   distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
•   use the Service for any unlawful purpose or for the promotion of illegal activities;
•   attempt to, or harass, abuse or harm another person or group;
•   use another user’s account without permission;
•   intentionally allow another user to access your account; 
•   provide false or inaccurate information when registering an account;
•   interfere or attempt to interfere with the proper functioning of the Service;
•   make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
•   bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; 
•   circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or 
•   publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service. We may terminate access for participants or users who are found to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices.  If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent at 8 The Green, Suite B Dover, DE 19901:

1.   The date of your notification;
2.   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3.   A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4.   A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5.   Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6.   A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7.   A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

NONPROFIT ORGANIZATIONS

Any information listed about nonprofit organizations within the Service is based on publicly available information compiled by the Company. While the company strives to provide accurate information about each nonprofit organization, it is your responsibility to conduct your own research as to which organizations should be elected to receive a donation. Company in no way endorses and has no affiliation with any of the charitable organizations accessed via the Service, and we make no warranty or guarantee about the accuracy, completeness, or adequacy of the information that may be displayed. 

Company is restricted to making donations on your behalf to active IRS approved 501(c)(3) nonprofit organizations. As such we reserve the right to remove any organization from our Service that is no longer in compliance with applicable laws and regulations.

OFFERS, PURCHASES AND DONATIONS

By utilizing the Site and the Service, you agree to receive offers (“Offers”) from the Company’s third party merchant partners (“Merchants”). These Offers may be transmitted to you via the Site, the electronic mail address you provided upon registration, push notifications to your mobile and or desktop device, and the Company’s browser extensions and mobile application which you may choose to install. Offers shall display to you the Merchant name, eligible donation amount, and terms and conditions of the purchase at the Merchant site along with any other data relevant to the Offer which may change from time. Subject to you fulfilling the terms and conditions stated in the Offer, your purchase at the Merchant site qualifies for a donation to the nonprofit organization(s) you selected in the Service for the amount stated in the Offer.

The Company will donate 100% of the donation amounts from the Offer(s) to the nonprofit organization(s) you select in the Service within 30 days from receiving the funds from the Merchant or their affiliates. If you do not select any nonprofit organizations for the donations within 60 days from receipt of the funds from the Merchant, the Company reserves the right to direct the donations to an active IRS approved nonprofit organization of the Company’s choosing. If the nonprofit organization(s) you have selected no longer accept donations, the Company will attempt to contact you via electronic mail to select alternative nonprofit organization(s). Failure to select an alternate nonprofit organization grants the Company the right to donate the applicable funds to a nonprofit organization of the Company’s choosing.

Company does not in any way control the terms and conditions of the Merchant Offers or approval of purchases made at the Merchant site. While the Company strives to provide accurate information in the Offer, all content is the sole responsibility of the Merchant and their affiliates. Any disputes regarding the status of purchases made at the Merchant site shall be made with the Merchant.

THIRD PARTY PROVIDERS

You acknowledge that the Company uses third party service providers to provide various aspects of the Service. These providers may include, but are not limited to,  systems and services that allow the Company to provide Offers, facilitate donations, execute marketing campaigns and communications. By utilizing the Site and Service you explicitly agree to allow the Company to share relevant data about you and the Service with the third party service providers. More information about data sharing and privacy is set forth within our privacy policy

COMPANY DISCLOSURES

By providing the Service, Company may earn affiliate commissions from Merchants and or advertising proceeds through its partners. These proceeds are in addition to and not replacement of the donations stated in the Offers to you. Proceeds received from the Merchants as stipulated in the Offers activated by you are reserved for donations to nonprofit organizations designated in the Service. 

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to support@menschy.io . Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.

WARRANTY DISCLAIMER

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. 

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. (E)  ANY DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, OR  INTERRUPTION OF SERVICE. 

BY USING THE SITE AND SERVICE, YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN

INDEMNITY

You agree to defend, indemnify, and hold harmless the Company and affiliates and all of their respective employees, funders, parents, subsidiaries, joint ventures, affiliates, agents, developers, directors, officers and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from i) any breach or alleged breach by you of this agreement, or ii) any act or omission related to your use of this Service, or iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Delaware, without regard to conflict of law provisions.

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT https://www.menschy.io/privacy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.