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Terms of Service

Updated June 18, 2021

General   |   Brands

Welcome to DailyKarma

Thanks for using our website, products and services (“Services”). The Services are provided by Daily Karma, Inc. (“DailyKarma,” “we” or “us”), with an office located at 227 Broadway #302 Santa Monica, CA 90401.

By using our Services, by continuing to create an account or make a donation when offered the choice to continue or not, or by clicking on “Join Now” “Donate Now” or similar terms, you are agreeing to enter into a legally binding contract with DailyKarma. Please read these terms carefully. You must follow any policies made available to you within the Services.

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Use of our Services

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services may display some content that is not DailyKarma’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications via unsubscribe methods. However, we will continue to send you transactional announcements and messages related to your user account.

You may need a DailyKarma Account to use some of our Services.

To protect your DailyKarma Account, keep your password confidential. You are responsible for the activity that happens on or through your DailyKarma Account. Try not to reuse your DailyKarma Account password on third-party applications.

Your use of our Services is also subject to our Privacy Policy.

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DailyKarma Technology Platform Overview

DailyKarma provides technology that facilitates online charitable giving as part of your everyday shopping and online activity.

We are not a financial, tax, or law firm. Do not rely on the information we provide to assess the implications of using the Services, including tax-deductibility of any donations made using the Services. Consult your own professional advisors.

Shop for Good tool
DailyKarma has developed a unique technology platform that allows e-commerce retailers to promote charitable giving as part of its customers’ shopping experience, by embedding DailyKarma's technology directly into e-commerce websites. DailyKarma facilitates charitable giving by allowing brands to utilize a number of different campaign structures built on the DailyKarma technology platform.

Customers shopping on DailyKarma’s e-commerce partner websites can use the DailyKarma Shop for Good tool to add a donation to support a selected charitable cause by either adding a donation or rounding up their purchase and donating the change. In some cases, the e-commerce retailer offers a discount on customer orders when you donate a preset amount (or your change) to support a selected cause, in which case your donation is not tax-deductible. Customers making donations using the DailyKarma technology on an e-commerce retailer partner’s store will see their donation listed on their e-commerce retailer transaction receipt.

Some e-commerce retailers designate a portion of their sales to support charity. In certain campaigns, you can select from one or more causes to benefit from the donation.

Cause Funds
The DailyKarma technology platform allows you to create “Cause Funds” which gives you the power to support your favorite charities in one trackable donation and to share your Cause Fund with others. It is also possible for you to donate to support another user’s Cause Fund. DailyKarma will provide the user with a donation statement based on a calendar year containing donations made through DailyKarma Cause Funds donated to registered charities within the DailyKarma platform.  DailyKarma does not provide donation receipts in connection with donations to Cause Funds. All donations are final and may not be refunded. Minimum Cause Fund donation by the creator of the Cause Fund. The minimum donation to a Cause Fund is $10 per charity associated with the Cause Fund.

Minimum Cause Fund donation to another user’s Cause Fund. The minimum donation to a Cause Fund that has been created by another user or DailyKarma is $10 per charity associated with the Cause Fund.

Supporting Selected Causes
DailyKarma has pre-funded a donor-advised fund at The DailyKarma Foundation, so when customers make a purchase or donation powered by the DailyKarma technology, they are directing funds that have already been donated to go to one or more selected causes, while making a new donation. DailyKarma works with The DailyKarma Foundation, a nonprofit 501(c)(3) public charity that is independent of the DailyKarma company. The DailyKarma Foundation is overseen by the independent Board of The GoodCoin Foundation. You may visit their website at this link (www.goodcoinfoundation.org)

DailyKarma Foundation takes all reasonable steps to attempt to grant donated funds to the designated cause(s) selected, however, DailyKarma Foundation retains exclusive legal control over all donations. In the rare cases when a designated cause fails to meet DailyKarma Foundation’s grantmaking requirements (e.g., the charity’s tax-exempt status is revoked or is otherwise not in good standing), DailyKarma Foundation reserves the right to reassign funds to another organization, and will aim to grant the funds to a similar charitable cause.

To view DailyKarma Foundation’s charitable solicitation disclosures, click here.

DailyKarma’s e-commerce retail partners select one or more causes they care about to benefit from its campaigns. Information regarding these organizations is obtained and verified using the database provided on the IRS charity database. DailyKarma is not responsible for the accuracy of the information obtained from the IRS database.

Any nonprofit that does not wish to be included as a beneficiary of DailyKarma campaigns can send an email to support@dailykarma.com. DailyKarma will promptly remove your organization from any DailyKarma campaign and our database of eligible causes.

On a monthly basis, DailyKarma collects donations received from its e-commerce partners, and transfers them to the DailyKarma Foundation. DailyKarma Foundation distributes grants to selected causes on a monthly basis. The average time for a grant to be distributed is 45 - 75 days from the date a purchase or donation is made.

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Platform Fees

When e-commerce retailers install and use the DailyKarma Shop for Good technology under the Entrepreneur plan, a 10% platform fee is assessed on all donations made using the DailyKarma platform. The 10% fee excludes in certain cases, other third-party partner fees. In addition, when the e-commerce retailers transfer the donations generated using the DailyKarma Shop for Good technology via credit card, an additional 2.9% + 30 cent fee is deducted from the aggregate donations. Some e-commerce retailers choose to cover some or all of these costs. As such, after deducting the standard platform fee of 10% and the above mentioned credit card fee, the selected causes typically receive between 87 - 90 cents of every dollar donated.

When e-commerce retailers install and use the DailyKarma Shop for Good technology under the Emerging or Scaling brands plan, the 10% platform fee is not assessed on donations. 100% of the donations will be transferred to charity if the e-commerce retailer covers the credit card fee involved in transferring the aggregate donation amount to DailyKarma.

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Your Content in our Services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give DailyKarma (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

If you have a DailyKarma Account, we may display your Profile name, Profile photo, and actions you take on DailyKarma or on third-party applications connected to your DailyKarma Account in our Services, including displaying in ads and other commercial contexts.

You can find more information about how DailyKarma uses and stores content in our Privacy Policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

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About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

DailyKarma gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by DailyKarma as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by DailyKarma, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

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Changes to our Fees or Terms of Service

DailyKarma reserves the right to update these Terms of Service in its sole discretion, at any time, in whole or in part. If DailyKarma makes changes and/or modifications that impact your use of and/or access to the Services, we will post notice of the change and/or modification on this Terms of Use and change the ‘Updated’ date above.

User agrees that its continued use of the Services following changes and/or modifications will constitute acceptance of such changes and/or modifications. Please revisit this Terms of Service regularly to ensure that you stay informed of any changes and/or modifications to this Terms of Service.

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Additional Terms

By continuing to use any of the DailyKarma software or websites after we post any such changes, you accept the Agreement, as modified.

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Changes to our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. DailyKarma may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that preserving your access to data you create on the platform is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

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Responsibilities

DailyKarma has no responsibility or control over how a donation you make through our Services is used by any charity, whether designated by you or by us, and thus has no liability to you for use or misuse of funds by the destination charity.

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Disclaimers

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER DAILYKARMA NOR ITS PARTNERS, SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

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Exclusion of Liability

WHEN PERMITTED BY LAW, DAILYKARMA, AND DAILYKARMA’S PARTNERS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DAILYKARMA, AND ITS PARTNERS, SUPPLIERS AND DISTRIBUTORS, IN THE AGGREGATE FOR ALL CLAIMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO AN AMOUNT THAT IS THE LESSER OF (A) THE MOST RECENT FEES YOU PAID US TO USE THE SERVICES, IF ANY, OR (B) US $1,000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DAILYKARMA AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF DAILYKARMA OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

IN ALL CASES, DAILYKARMA, AND ITS PARTNERS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

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Termination

Both you and DailyKarma may terminate the legal agreement between us at any time by notice to the other. On termination, you lose the right to access or use the Services. The following will survive termination:

  • Our right to use and disclose your feedback and content you contributed before termination;
  • Sections 8, 9, 10, 11 and 13 of these Terms of Service; and
  • Any amounts owed by either party prior to termination.
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Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms as well as terms listed under Business Terms of Service (https://www.dailykarma.com/business-terms-service/). It will hold harmless and indemnify DailyKarma and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

The legal agreement created by your agreement to these Terms of Service, (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

These Terms of Service control the relationship between DailyKarma and you. They do not create any third party beneficiary rights.

If you do not comply with these Terms of Service, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term of these Terms of Service is not enforceable, this will not affect any other terms.

You agree that we may provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your  contact information  up to date.

If you want to send us notice, please contact us at the address at the beginning of these Terms of Service.

The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Service or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Los Angeles, California, USA, and you and DailyKarma consent to personal jurisdiction in those courts.

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