Terms of Service

(a) Are at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) and capable of forming a binding contract with Donation Labs;

(b)Do not reside in, are not located in, are not incorporated in, and do not have a registered office or principal place of business in any other Prohibited Jurisdiction. "Prohibited Jurisdiction" means China Mainland, Panama, Cuba, Iran, North Korea, Syria, Crimea (Ukraine), Luhansk (Ukraine), Donetsk (Ukraine), Belarus, Burundi, Democratic Republic of the Congo, Iraq, Lebanon, Libya, Nicaragua, Somalia, Sudan, Russia, Venezuela, Yemen, Zimbabwe;

(c)(i) Are not the subject of sanctions administered or enforced by the United States (including without limitation the U.S. Department of the Treasury's Office of Foreign Asset Control), the United Kingdom, the European Union or any other governmental authority (" Sanctions") or (ii) organized or resident in a country or territory that is the subject of country-wide or territory-wide Sanctions;

(d) Do not, and will not, use VPN software or any other privacy or anonymization tools or techniques, or other means, to circumvent, or attempt to circumvent, any restrictions that apply;

(e) Understand the risks associated with using the Services;

(f) Have had the opportunity to seek legal, accounting, taxation and other professional advice regarding these Terms and the Services;

(g) Will not falsify or materially omit any information or provide misleading or inaccurate information requested by Donation Labs in the course of, directly or indirectly relating to, or arising from your activities on or use of the Services, including, but not limited to, at registration or during administration or other due diligence processes, and that if any information provided to Donation Labs becomes incorrect or outdated, you will promptly provide corrected information to Donation Labs;

(h) Will not use the Services in order to conceal or disguise the origin or nature of proceeds of crime or terrorist financing, or to further, any breach of applicable law, or to deal in any unlawful property, funds, or proceeds;

(i) Have not, nor have any of your affiliates, directly or indirectly offered, promised, given, or authorized any payment, or offered, promised, given, or authorized the giving of anything else of value, including, but not limited to, any cryptocurrency, to a government official or individual employed by another entity in the private sector in violation of any applicable law;

(j) Consent to any and all tax and information reporting under applicable law;

(k) Will not, nor will any of your affiliates, use the Services directly or indirectly (i) on behalf of or for the benefit of any person subject to the jurisdiction of a Prohibited Jurisdiction, (ii) in violation of or as prohibited, restricted, or penalized under applicable law, or (iii) in any way that would violate, be inconsistent with, penalized under, or cause the omission of filing of any report required under applicable law;

(l) Are not otherwise barred from using the Services under applicable law; and

(m) Will accurately and promptly inform us if you know or have reason to know whether any of the foregoing representations or warranties no longer is correct or becomes incorrect.

(a)Use, or allow a third party to use, the Services in a manner that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

(b)Use, display, mirror or frame the Services or any individual element within the Services, Donation Labs's name, any Donation Labs trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Donation Labs's express written consent;

(c)Access, tamper with, or use non-public areas of the Services, Donation Labs's computer systems, or the technical delivery systems of Donation Labs's providers;

(d) Attempt to probe, scan or test the vulnerability of any Donation Labs system or network or breach any security or authentication measures;

(e)Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Donation Labs or any of Donation Labs's providers or any other third party (including another user) to protect the Services;

(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Donation Labs or other generally available third-party web browsers;

(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(h)Use any meta tags or other hidden text or metadata utilizing a Donation Labs trademark, logo, URL or product name without Donation Labs's express written consent;

(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services (unless applicable law permits, despite this limitation);

(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(n) Impersonate or misrepresent your affiliation with any person or entity;

(o) Violate any applicable law or regulation; or

(p) Encourage or enable any other individual to do any of the foregoing.

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DONATION LABS NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DONATION LABS OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b)TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL DONATION LABS'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE LESSER OF $1,000.

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DONATION LABS AND YOU.

(a) These Terms and any action related thereto will be governed by the laws of the Republic of Panama, without regard to its conflict of laws provisions. You hereby irrevocably agree that the courts of the Republic of Panama shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or Claims) arising out of or in connection with these Terms. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration administered by the Panama Conciliation and Arbitration Centre in accordance with its procedural rules.

(b)YOU AND DONATION LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. A court of competent jurisdiction may not consolidate another person's Claims with your Claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Section 20(b) section shall be null and void.

(c) With the exception of any of the provisions in Section 20(b) (Class Action Waiver), if a court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

(a)Donation Labs and its licensors exclusively own all right, title and interest in and to the Services and its entire contents, features, and functionality, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other applicable laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Donation Labs's name and all related names, logos, product and service names, designs, and slogans ("Donation Labs Branding") are trademarks of Donation Labs, its associates, or licensors (collectively, "Associates"). You must not use any Donation Labs Branding without the prior written permission of Donation Labs. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

(b)These Terms constitute the entire and exclusive understanding and agreement between Donation Labs and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Donation Labs and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Donation Labs's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Donation Labs may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(c) Notices or other communications provided by Donation Labs under these Terms will be given (i) via email, or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(d)Donation Labs's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Donation Labs. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

(e) You acknowledge and agree that in entering into these Terms and using the Services you have not relied and are not relying on any representations, warranties or other statements whatsoever, whether written or oral (from or by us or any person acting on our behalf) other than those expressly set out in these Terms (or other related documents explicitly referred to herein) and that you do not have any right or remedy rising out of any representation, warranty or other statement not expressly set out in these Terms.