Terms of Service
Effective on March 21, 2018
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 22 Sunnyhill Road, Emerald Hills, CA 94062.
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.
1. 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.
2. 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.
3. 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.
4. Cause Fund Fees and Tax Statements
The dailyKARMA Services allow you to create “Cause Funds” which gives you the power to donate to your favorite charities in one trackable donation and to share your Cause Fund with others. It is also possible for you to donate to another user’s Cause Fund. We charge fees for this Service.
dailyKARMA Service Fee when donating to a Cause Fund. There is a 9.75% platform fee when donating via Cause Funds. You can choose to include this fee in your donation or have it removed before the donation is made to the charity. The 9.75% fee includes all fees, including credit card processing fees and our fees.
Network for Good and tax statements in relation to Cause Funds. All donations via Cause Funds made on the dailyKARMA platform result in dollars being donated on your behalf to Network for Good, a non-profit, donor advised fund (tax ID 68-0480736) (“Network for Good”), which processes donations made through dailyKARMA and distributes them to your chosen charity(s). When you make a donation via Cause Funds you will receive a tax receipt for the amount that reaches a charity.
dailyKARMA will provide you with a donation statement based on a calendar year containing donations made through dailyKARMA Cause Funds donated to registered charities with in the dailyKARMA platform. The donation statement will reflect your donation minus the dailyKARMA platform fee. All donations are final and non-refundable. Donations that have not yet been processed will not appear towards your statement total.
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.
5. Karma Fees and Tax Statements
We may also offer Services that allow you to purchase Karma, which is convertible by you (or by us in certain conditions explained below) to a donation to charity.
The purchase of Karma is subject to the fees described below that are paid and / or collected at the time of purchase of Karma, as well as fees that are paid when the donation is made and routed to a charity, whether that charity is chosen by you or by us.
Credit Card and transaction fees for Karma purchase. Every purchase of Karma is subject to a transaction fee charged by the payment processing gateways that dailyKARMA utilizes. Credit card & PayPal fees will be charged at the time of purchase by the consumer. The use of Credit Cards to purchase Karma will be charged at 3.1% AND $0.30 per transaction.
dailyKARMA Service Fee when donating Karma. Karma stored in an individual’s wallet is subject to a service fee charged by dailyKARMA which represents 7.5% of the value of the Karma. For example, if you purchase 100 Karma for $10, dailyKARMA will retain $0.75 as a service fee to cover all costs and expenses associated with the operation of the dailyKARMA platform and any fees charged to us by third parties, including Network for Good, which in turn makes grants to recommended charities. This means that when you donate 100 Karma to a charity on our platform, you are making a recommendation for the chosen charity selected to receive $9.25. Your recommended charity will receive the donation amount so long as the charity is capable of receiving a payment from Network for Good as determined by Network for Good in its discretion. If a charity is not capable of receiving a payment from Network for Good, then we will distribute the donation amount to a charity of our choosing.
Network for Good and tax statements in relation to Karma. All donations of Karma made on the dailyKARMA platform result in dollars being donated on your behalf to Network for Good with instructions from us to pass the donation to your recommended charity via Network for Good’s platform. When you make a donation of Karma you will receive a tax receipt for the amount that reaches a charity (for example, $9.25 when you spend $10 + payment transaction fees to purchase Karma).
dailyKARMA will provide you with a donation statement based on a calendar year containing donations made through dailyKARMA donated to registered charities within the dailyKARMA platform. The donation statement will reflect your donation minus the dailyKARMA platform fee. Donations of Karma that originated from gifted Karma from another user or dailyKARMA will not be part of the donation statement. Your donation(s) are being made to Network for Good, a non-profit, donor advised fund (tax ID 68-0480736), which processes donations made through dailyKARMA and distributes them to your chosen charity(s). All donations are final and non-refundable. Donations that have not yet been processed will not appear towards your statement total.
Minimum Karma donation amounts. If any donation of Karma to a particular charity is below a minimum amount, currently set at $10, dailyKARMA will hold the donation and combine it with other donations of Karma to the same charity until the minimum amount is reached. If the minimum amount is not reached within 90 days after your donation, then we will distribute the donation amount to a featured charity of our choosing.
Expired Karma. Karma can expire if is not used by you for a transaction in your wallet (donating, purchasing or gifting Karma) within 120 days. We will distribute the donation amounts represented by expired Karma in your wallet to a featured charity of our choosing. You will be notified after 90 days if there has been no wallet transaction and then you will have 30 days to perform a transaction using your wallet.
We do not charge a campaign organizer any upfront fees for sharing content and fundraising for a specific charity.
6. Changes to our Fees or Terms of Service
We reserve the right to change our pricing and/or these Terms of Service at any time. If we do change our fees or make material changes to these Terms of Service, we will provide notice of the change through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. Your continued use of the Services after we publish or send a notice about our changes to our fees or our Terms of Service means you are consenting to the updated fees and/or terms.
7. 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.
If you have purchased Karma and cease using our services as a result of our notifying you of a change of our fees or to our Terms of Service, you may contact us within 30 days to specify a charity who should receive the donation amount represented by the Karma. If we do not hear from you within 30 days after we have notified you, we will distribute the donation amount to a featured charity of our choosing.
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.
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.
10. 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.
11. Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. 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.
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.
If you have purchased Karma which remains in your wallet at the time of termination, you may contact us within 30 days after termination to specify a charity who should receive the donation amount represented by the Karma. If we do not hear from you within 30 days after termination, we will distribute the donation amount to a charity of our choosing.
13. About these Terms
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 Santa Clara County, California, USA, and you and dailyKARMA consent to personal jurisdiction in those courts.