Last modified: September 8, 2023
Welcome to Better Giving! Thank you for your support of impactful nonprofits, we’re grateful you’re here.
Better Giving provides and offers a charitable giving platform (the “Platform”) which enables Donors to make charitable contributions to Better Giving and make grant recommendations to qualified nonprofit organization(s) (“NPOs”) on the Platform to advance their missions. Better Giving accepts contributions of fiat currency, cryptocurrency and securities from Donors on the Platform and makes charitable grants to NPOs.
In furtherance of its charitable mission, Better Giving (1) maintains a donor-advised fund (the “Fund”) enabling Donors to donate assets to Better Giving and make grant recommendations to NPOs; (2) provides fiscal sponsorship services to qualifying NPOs, and accepting donations and grants on their behalf; and (3) maintains and manages a board designated endowment (or quasi-endowment) (hereinafter the “Endowment”) to accept unrestricted donations from Donors, to support NPOs with sustainable grant funding, at Better Giving’s discretion.
By making donations to Better Giving, you acknowledge and represent that you (i) agree that these Terms are supported by reasonable, valuable and sufficient consideration, (ii) acknowledge the receipt of such consideration, and (iii) state that you have read and understand, and agree to be bound by these Terms.
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when posted.
The headings and subheadings are for reference only and do not limit the terms or application of the applicable section. Your trust is very important to us. If you have questions about this Agreement, please email firstname.lastname@example.org.
a. Control of Funds. By making a donation, you understand, acknowledge and agree that you are making a charitable donation to Better Giving, a public charity recognized by the Internal Revenue Service as a tax-exempt organization under Internal Revenue Code 501(c)(3). You understand, acknowledge and agree that all donations made to Better Giving are irrevocable, unrestricted and non-refundable charitable contributions and that Better Giving has full and exclusive legal control over any and all donated funds or assets.
b. Authority. By making a donation to Better Giving, you hereby represent and warrant that you have the legal authority to make a donation and that any and all funds or assets donated to Better Giving belong to you and are free and clear of any and all encumbrances. Better Giving will provide you with a receipt for your donation in accordance with applicable tax laws.
c. Donation Options: When you make a donation to Better Giving, you may either (i) recommend a specific qualified NPO to receive a one-time grant from Better Giving, or (ii) may direct your contribution to the Better Giving Endowment and recommend an NPO to be supported by the principal of your contribution in perpetuity. Better Giving retains the ultimate authority and discretion to approve and disburse any grants in accordance with this Agreement and any applicable laws and regulations.
Donation for Immediate Grant. You may make a one-time donation to Better Giving and recommend an NPO to receive a grant from Better Giving, which will be disbursed to the NPO on a rolling basis.
Donation to Board Designated (or Quasi) Endowment. You may direct your charitable contribution to the Better Giving Endowment, which is a board designated endowment created and maintained by Better Giving to support NPOs in perpetuity. When making contributions to the Endowment, Donors may recommend NPOs to be supported by income generated from the principal of their contribution(s) in perpetuity, with grant disbursements issued to NPOs on a quarterly basis. All contributions made by Donors to the Endowment are unrestricted contributions and Donors understand that both principal and income are available for expenditure by Better Giving at the discretion of its board of directors. Although the Endowment allows for the withdrawal of principal, the Better Giving board of directors views contributions to the Endowment as long term investments with principal remaining intact to support NPOs, as part of Better Giving’s charitable mission.
d. NPO Eligibility. On an ongoing basis, we will take steps to confirm that each NPO you make grant recommendations to, is registered as a public charity in good standing under Section 501(c)(3) of the Internal Revenue Code or in the case of non-US organizations, recognized as the equivalent of a charitable organization by the appropriate regulatory and/or governmental agencies in the relevant jurisdiction. If circumstances make it impossible or inappropriate to disburse funds to the recommended charitable organization, we may, at our sole discretion, select an alternate charitable organization to receive the grant. You acknowledge that the ultimate discretion in fulfilling a grant recommendation rests with Better Giving.
e. Donor Fees:
f. Charitable Use. Donations made to Better Giving may only be used for charitable purposes in accordance with any and all applicable local, state, federal or national laws. Any grant recommendations may not confer an impermissible private benefit.
a. You agree to indemnify, hold harmless, and, defend Better Giving and its affiliates and each of its and their officers, directors, employees, licensees, agents and vendors from and against all claims, costs, losses, damages, expenses (including attorneys’ fees and court costs) and liabilities arising from (i) your use of our services, or activities in connection with making donations in accordance with these Terms; or (ii) your violations of these Terms. Better Giving reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Better Giving’ defense of such claim.
b. YOU ACKNOWLEDGE THAT OUR PERFORMANCE HEREUNDER IS PROVIDED ON AN “AS IS” BASIS, AND WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES UNDER THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU ACKNOWLEDGE THAT ANGEL GIVING DOES NOT OPERATE THE PLATFORM AND CONSEQUENTLY WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE PLATFORM, INCLUDING THE PERFORMANCE, EFFICIENCY OR AVAILABILITY THEREOF. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY LEGAL REQUIREMENTS TO WHICH YOU MAY BE SUBJECT; NOR DO WE MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE APPLICABILITY OF TAX LAWS TO ANY DONOR, SUCH AS, BY WAY OF EXAMPLE, ANY DONOR’S ABILITY TO OBTAIN TAX DEDUCTIONS OR OTHER TAX BENEFITS IN CONNECTION WITH DONATIONS MADE TO ANGEL GIVING.
Before you make any financial, legal, or other decisions regarding any donations made to Better Giving and any tax deductions you may be eligible for, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. We do not offer any tax or legal advice. Please consider working with a tax professional, account and/or attorney to address any questions you may have concerning the impact of using the Platform to make donations. You agree and acknowledge that it is your responsibility to consult with any tax professionals regarding the deductibility and tax consequences of any donation(s) made to Better Giving.
a. Should any provision of this Agreement be held by a court or other tribunal of competent jurisdiction to be void, illegal, invalid, inoperative, or unenforceable, the remaining provisions of this Agreement shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.
b. Our failure to partially or fully exercise any right will not be considered a waiver of that right unless we so state in writing to you. The waiver of any breach, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement. Any remedies made available to us by the terms of this Agreement are cumulative and are without prejudice to any other remedies that may be available to us in law or equity.
c. Dispute Resolution. Any dispute between you and Angel Giving which cannot be resolved by negotiation shall be submitted to mediation, and if mediation fails, arbitration, under the rules of any entity that you and we may subsequently agree upon in writing. Any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, you acknowledge that unauthorized use of our proprietary materials, information or technology may cause irreparable harm to Angel Giving for which monetary damages would be an inadequate remedy. Accordingly, we have the right, without the necessity of posting bond, to seek injunctive or other equitable relief from any court of competent jurisdiction to protect our rights in intellectual property or confidential information.
d. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws of the State of Delaware without regard to conflicts of laws and all disputes arising under and relating to this Agreement shall be brought and resolved exclusively in the State of Delaware.