Terms of Use

Last updated: August 2026

Introduction

momoGood is the parent platform connecting three product families: Messaging (formerly Tatango), Events & Auctions (formerly Givergy), and Workplace Giving. The applicable terms depend on which product or service you use.

This page contains (1) the general momoGood website terms that apply to all visitors, (2) the Messaging terms governing use of the Tatango platform, and (3) the Events & Auctions terms governing use of the Givergy platform. By accessing or using any momoGood website or service, you agree to the applicable terms below.

Section 1: momoGood Website Terms

1.1 Acceptance of Terms

By accessing and using the momoGood website (www.momogood.com), you accept and agree to be bound by these terms of use. If you do not agree to these terms, you must not use our website. We may revise these terms at any time by updating this page. Please check this page periodically, as changes are binding on you.

1.2 Intellectual Property

momoGood and its affiliates own or license all intellectual property rights in the website and the content published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any content, software, products, or services obtained from or available on this website without the prior written consent of momoGood.

1.3 No Reliance on Information

Although we make reasonable efforts to update the information on our website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our website is accurate, complete, or up-to-date. The content is provided for general information only and does not constitute professional advice.

1.4 Limitation of Liability

To the fullest extent permitted by law, momoGood excludes all liability arising out of or in connection with your use of, or inability to use, our website. This includes but is not limited to any direct, indirect, incidental, consequential, special, or exemplary damages, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable. Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

1.5 Viruses and Security

You are responsible for configuring your information technology, computer programs, and platform in order to access our website. You should use your own virus protection software. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the server on which our website is stored, or any server, computer, or database connected to our website.

1.6 Third-Party Links

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

1.7 Changes to Terms

momoGood reserves the right to modify these terms at any time. Material revisions will be posted on this page with an updated date. Your continued use of the website after any such changes constitutes your acceptance of the new terms. If you disagree with any changes, you must discontinue use of the website.

1.8 Governing Law

These website terms are governed by and construed in accordance with the laws of the State of Washington, United States, without regard to conflict-of-law principles. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts located in Pierce County, Washington.

Section 2: Messaging Terms (Tatango)

The following terms apply to customers of the momoGood Messaging platform (formerly Tatango). This is the Master Service Agreement (MSA) between you and Tatango, Inc., a Washington Corporation located at 600 Stewart St., Ste. 400, Seattle, Washington 98101. By signing an order form or continuing to use the Platform, you accept these terms. Continued use after updates constitutes acceptance of modified provisions. Revised January 2, 2025.

2.1 Definitions

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.

"Applicable Law" means international, federal, state, or local statutes regarding privacy and mobile message distribution.

"Common Short Codes (CSCs)" means five or six-digit codes for mobile message addressing, administered by CTIA.

"Confidential Information" means proprietary information marked confidential or reasonably understood as such.

"Credit Balance" means available funds in your account not subject to pending transactions.

"Data" means all data stored by Customer on the Platform.

"Malicious Code" means viruses, worms, Trojan horses, and other harmful code.

"Monthly Uptime Percentage" means the difference between 100% and Unavailable Time percentage.

"Order Form" means documents for Platform/Services purchases governed by this MSA.

"Platform" means Tatango's mobile messaging platform.

"Service Credit" means a dollar credit equal to 10% of monthly usage fees for Unavailable Time.

"Services" means implementation, integration, consulting, and support services.

"Start Date" means the date the Platform becomes available to Customer.

"Statement of Work (SOW)" means a document describing scope and schedule of Services.

"Subscription Term" means the subscription period in the applicable Order Form.

"Unavailable Time" means Platform unavailability measured in continuous 5-minute increments, excluding Exclusions.

2.2 Changes to These Terms

Tatango may revise terms effective upon the stated date. Material revisions will receive 30 days advance notice via the account portal or email. Continued access constitutes acceptance. Disagreement requires discontinuing use.

2.3 Orders by Customer Affiliates

Customer may execute Order Forms and SOWs on behalf of itself or Affiliates. Each executing Affiliate becomes independently bound as a "Participating Affiliate."

2.4 Use of the Platform

Tatango Responsibilities. Tatango shall: (a) provide reasonable assistance for third-party approvals and make the Platform available for informational and marketing messages; (b) provide standard support at no additional charge and advise when non-standard support incurs fees; (c) use commercially reasonable efforts for 24/7 availability except during (i) planned downtime (with 24+ hours notice), or (ii) Force Majeure Events; and (d) ensure the Platform handles opt-out keywords: STOP, END, QUIT, UNSUBSCRIBE, CANCEL.

Customer Responsibilities. Customer shall: (a) ensure accuracy, quality, integrity, legality, and appropriateness of all Data; (b) prevent unauthorized access and notify Tatango promptly of breaches; (c) maintain security of account credentials, prohibit shared logins, and notify of security breaches; (d) comply with Applicable Law regarding Data privacy; (e) comply with CTIA and carrier-specific rules for informational and marketing messages; (f) not store highly sensitive information (SSNs, dates of birth) on the Platform; (g) comply with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq., including prior express written consent requirements; and (h) maintain end-user terms/conditions and privacy policy including: (i) express representation that end user supplies own phone number, (ii) dispute resolution via confidential arbitration with waiver of class action and jury trials, (iii) opt-out provision with designated methods (STOP, UNSUBSCRIBE, CANCEL, END, QUIT, plus web portal/phone/email) with stipulation that other methods are unreasonable, (iv) Platform provider as third-party beneficiary of arbitration and class action waivers, and (v) age restriction: no users under 13; users 13–18 require parental or guardian permission.

Use Guidelines. Customer shall not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or commercially exploit the Platform except as permitted; (b) send, upload, or store Malicious Code via the Platform; (c) interfere with Platform integrity or third-party data; (d) attempt unauthorized access to the Platform or systems; or (e) remove proprietary notices. Customer shall: (i) use commercially reasonable efforts to prevent unauthorized access and notify Tatango promptly; and (ii) use the Platform only in accordance with applicable laws. Customer may not export services in violation of U.S. Department of Commerce, Treasury OFAC, or other agency restrictions.

Service Commitment. Tatango makes the Platform available 99.95% monthly. Below 99.95% uptime qualifies Customer for Service Credit. If the Monthly Uptime Percentage is less than 99%, Customer receives a Service Credit equal to 10% of the prior 30-day total non-variable fees. To receive a Service Credit, Customer must submit a request to Tatango Customer Support within 30 days of becoming eligible, including "SLA Claim" in the subject line, dates and times of Unavailable Time, and supporting documentation. Service Credits apply to future amounts only; no refunds or cash value. Service Credits are non-transferable and are the sole remedy for uptime failures.

Exclusions. Unavailable Time excludes: (a) causes beyond Tatango's control (Force Majeure, telecom/internet issues beyond Tatango's network point); (b) actions or inactions of Customer or third parties (excluding Tatango agents/subcontractors); (c) Customer applications, equipment, software, or third-party technology (except Tatango-controlled equipment); (d) scheduled maintenance (with 24+ hours notice); and (e) alpha, beta, or non-generally available features.

2.5 Fees and Payment

Subscription Fees. Customer agrees to pay Subscription Fees per Order Form rates. Subscription Fees include one-time setup and training and monthly recurring fees for third-party resources, standard support, and Platform license. Monthly fees remain fixed during the Subscription Term unless additional products are purchased.

Variable Fees. Variable Fees change based on message volume and type, including messaging credits and carrier surcharges monthly. All variable fees are paid via prepayment. No interest is earned on Credit Balances. No refunds are provided for unused Credit Balances. Customer is responsible for (a) enabling auto-recharge, or (b) maintaining a sufficient positive balance. Negative balances permit service suspension. Tatango reserves suspension rights.

Payment Information. Customer must keep contact, billing, ACH, and credit card information current via the Billing Page. All payment obligations are noncancelable and all amounts are nonrefundable except as otherwise specified. All fees are due in advance throughout the Subscription Term.

Overdue Payments. Failure to timely pay undisputed fees ("Undisputed Fees") constitutes a material breach. Overdue amounts trigger a Late Notice. If unpaid within 10 business days, Tatango may suspend access and Services. If unpaid within 30 days, Tatango may: (a) terminate the Agreement including all Order Forms and SOWs; and (b) recover (i) 1.5% monthly interest (or the legal maximum) on overdue amounts, and (ii) collection costs including reasonable attorneys' fees.

Sales Tax. Fees exclude taxes, which are charged as applicable. Customer pays applicable taxes unless providing a valid exemption certificate. If sales taxes are not collected, Customer self-reports and remits timely.

Flex Plan. Flex Plan customers receive alternate pricing for message credits. Credits are allocated per purchase terms (quarterly purchase equals quarterly allocation). Overage rates apply after allocated credits are exhausted. Unused paid credits roll forward within active subscriptions indefinitely without expiration. SMS/MMS rates apply to inbound and outbound unless otherwise noted. Prepaid fees include carrier pass-through fees. Carriers may change fees at any time; Tatango provides 30 days' notice.

2.6 Proprietary Rights

Restrictions. Customer provides Platform access only to employees and contractors ("Authorized Users"). Customer bears responsibility for Authorized Users' compliance. Neither Customer nor Authorized Users shall: (a) modify, copy, or create derivative works; (b) frame or mirror content (except for internal business use); (c) reverse engineer, decompile, disassemble, or discover source code or underlying structure; or (d) access the Platform to (i) resell or build competitive products, (ii) copy ideas, features, or graphics, or (iii) modify, translate, or create derivative works.

Tatango's Intellectual Property. Tatango reserves all rights, title, and interest in the Platform and Services including patents, copyrights, and trademarks. Only expressly granted rights apply. Tatango owns all rights in Improvements (upgrades, modifications, enhancements) developed in connection with Platform provision, even those arising from Customer requests. Customer transfers all rights in Improvements to Tatango.

Customer's Intellectual Property. Customer exclusively owns all rights in Data. Work Product (content created by or for Customer during Services) becomes the sole property of Customer. Tatango agrees not to use identical Work Product for other customers, provided this does not preclude using the same functionality, format, code, design, concepts, workflows, integrations, or ideas. For other SOW deliverables, Tatango grants a worldwide, nonexclusive, nontransferable, royalty-free license during the Subscription Term.

Publicity and Trademarks. Neither party issues press releases or public announcements without prior written consent. Tatango may use Customer names, trademarks, and logos solely in authorized Platform provision to the extent Customer uploaded or incorporated them and initiated distribution. Otherwise, no Marks usage without prior written consent.

2.7 Confidentiality

Definition of Confidential Information. "Confidential Information" means proprietary information of a Disclosing Party disclosed to a Receiving Party that is: (a) designated confidential if oral; (b) marked "Confidential" or "Proprietary" if written; or (c) reasonably understood as confidential given its nature and circumstances of disclosure. Confidential Information includes terms and conditions, Data, business and marketing plans, technology, financial information, strategies, practices, procedures, methodologies, knowhow, designs, and processes. Confidential Information excludes information that is: (i) generally known publicly without breach; (ii) known to the Receiving Party prior to disclosure; (iii) independently developed without use of Confidential Information; or (iv) rightfully received from third parties.

Confidentiality Obligations. The Receiving Party uses industry-standard practices to protect the security of Confidential Information and to prevent unauthorized disclosure or use. Notwithstanding: (a) the Receiving Party may disclose to employees, contractors, and Affiliates with a business need, provided they agree to substantially similar confidentiality terms; and (b) the parties may disclose the Agreement's existence and terms (i) confidentially to potential business purchasers or successors, (ii) to attorneys, accountants, and advisors, and (iii) if necessary to enforce rights, with reasonable efforts to limit disclosure and obtain protective orders.

Compelled Disclosure. If required by law to disclose Confidential Information, the Receiving Party provides the Disclosing Party early notice (if legally permitted) and reasonable assistance (at the Disclosing Party's cost) if contesting disclosure.

Remedies. A breach of confidentiality permits the Disclosing Party to seek immediate injunctive relief. Customer acknowledges Tatango cannot guarantee absolute security of Data or Confidential Information and has no liability for unauthorized third-party access or use or for data corruption or deletion unless Tatango's security practices fall below industry standards.

Survival. Confidentiality obligations extend 5 years post-expiration or termination, except trade secrets extend indefinitely.

2.8 Warranties and Disclaimers

Mutual Warranties. Each party represents and warrants: (a) legal power to enter the Agreement; (b) signatory authority; and (c) the Agreement constitutes a valid, binding, and enforceable obligation.

Tatango Warranties. Tatango represents and warrants: (a) Platform functionality will not materially decrease during the Term; (b) software and security measures prevent Malicious Code; (c) ownership of or sufficient rights for Platform licensing; and (d) Services will be performed professionally per industry standards.

Customer Warranties. Customer represents and warrants: (a) Data does not infringe third-party rights and was not gathered or used in violation of Applicable Law; (b) Customer will not use the Platform in violation of Applicable Law; and (c) Customer will not upload SSNs, passport numbers, financial account numbers, credit card numbers, or health information protected under HIPAA/HITECH.

Disclaimer. EXCEPT AS SPECIFICALLY PROVIDED, TATANGO EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES REGARDING THE SERVICES AND PLATFORM, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, PRIOR STATEMENTS, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TATANGO DOES NOT WARRANT PERFORMANCE OR RESULTS FROM USE OF THE PLATFORM. NO STATEMENT NOT CONTAINED IN THIS AGREEMENT CONSTITUTES A WARRANTY.

TCPA/CTIA Compliance Disclaimer. Tatango provides template messages, disclosures, model Terms and Privacy Policies, and educational information regarding CTIA/carrier requirements and federal/state laws. These materials are informational and educational only; neither Tatango nor its outside counsel provide legal advice. No attorney-client relationship is created. Customer expressly represents it takes no action relying solely on this information, understands these services are excluded from indemnification obligations, and neither Tatango nor its agents have liability for actions based on these materials. Customer should seek independent legal counsel for compliance assurance.

2.9 Indemnification

Customer shall defend, indemnify, and hold Tatango, its subsidiaries, agents, licensors, managers, affiliated companies, and their employees, contractors, agents, officers, and directors harmless against all actual or threatened claims, losses, liabilities, proceedings, third-party discovery requests, governmental investigations, and enforcement actions arising from Customer's activities, acts, or omissions in connection with the Platform, including TCPA claims. Tatango shall cooperate in the defense at Customer's expense. Tatango reserves the right to retain separate counsel at Customer's expense or assume exclusive defense and control if Customer does not respond reasonably. Customer shall pay all costs, reasonable attorneys' fees, settlement amounts, and damages (including strict liability). Customer shall also pay Tatango's enforcement costs and attorneys' fees.

2.10 Liability Limitations

Limitation of Liability. EXCEPT FOR PAYMENT AND INDEMNIFICATION OBLIGATIONS (SECTIONS 2.5 AND 2.9) AND PROPRIETARY RIGHTS (SECTION 2.6), NEITHER PARTY'S AGGREGATE LIABILITY SHALL EXCEED THE AGGREGATE SUBSCRIPTION FEES PAID IN THE PRECEDING 12 MONTHS; PROVIDED THAT CUSTOMER'S LIABILITY SHALL NEVER BE LESS THAN ALL OUTSTANDING FEES AND EXPENSES PLUS INTEREST AND COLLECTION COSTS. CUSTOMER'S EXCLUSIVE REMEDY FOR A WARRANTY BREACH (SECTION 2.8) IS REPERFORMANCE OF THE DEFICIENT SERVICES; IF TATANGO IS UNABLE TO CURE WITHIN 30 DAYS, CUSTOMER MAY RECOVER THE SUBSCRIPTION FEES PAID FOR THE DEFICIENT SERVICES.

Exclusion of Consequential Damages. EXCEPT FOR INTENTIONAL INTELLECTUAL PROPERTY VIOLATIONS, NEITHER PARTY SHALL HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (INCLUDING LOST PROFITS OR GOODWILL), WHETHER ARISING IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Liability for Carrier Issues. TATANGO SHALL HAVE NO LIABILITY FOR ANY DAMAGES ARISING FROM TELECOMMUNICATIONS CARRIER ACTION OR INACTION, INCLUDING DELIVERY FAILURE OR REFUSAL.

2.11 Dispute Resolution

Exclusive Mechanism. The parties shall resolve all disputes (including claims, controversies, breach, termination, and invalidity) exclusively via this Section, as express conditions precedent to arbitration.

Negotiations. The disputing party shall send a written Dispute Notice. The parties shall negotiate in good faith for 30 days, including a session with each party's Chief Operations Officer or designee with settlement authority. If unresolved, either party may commence arbitration.

Arbitration. Unresolved disputes shall be submitted to binding arbitration under the American Arbitration Association (AAA) Commercial Arbitration Rules. Venue: Pierce County, Washington. The arbitrator shall apply Washington internal substantive laws without conflict-of-law rules. The parties shall jointly select an arbitrator with 5+ years' experience and relevant subject-matter knowledge within 10 days; if not agreed within 30 days, AAA shall appoint one. The arbitrator shall decide enforceability and interpretation per the Federal Arbitration Act. AAA Emergency Measures apply in lieu of injunctive relief. The arbitrator's decision shall be final and binding; no appeal except under FAA Section 10 rights. The prevailing party shall recover all proceeding costs including attorneys' and expert witness fees.

The parties shall arbitrate individually only; no class arbitration is permitted. Without consent, neither party shall disclose the arbitration's existence, content, results, or related documents except to protect legal rights. If any dispute proceeds in court despite this clause, the parties waive jury trial rights.

Severability. If any term in this Section is invalid, illegal, or unenforceable, such invalidity shall not affect other terms or other jurisdictions.

2.12 Subscription Term and Renewal

Term. The MSA commences on the Effective Date and continues through all Order Forms' and SOWs' Subscription Terms.

Renewal. Unless written notice of non-renewal is given 30 days before the Term end, the Agreement automatically renews for the greater of the initial Term or 1 year per current terms and pricing (unless a renewal Order Form specifies otherwise). Non-renewal notice: billing@tatango.com.

End of Term. The Subscription Term ends on the expiration date; it cannot be canceled before expiration.

Message Funds Expiration. All unused messaging funds and credits expire at the Subscription Term end; no refund or use beyond.

2.13 General Provisions

Relationship; Third Parties. The Agreement creates no partnership, franchise, joint venture, agency, fiduciary, or employment relationship. No third-party beneficiaries unless an Addendum specifies.

Force Majeure. Neither party is responsible for delays or failures due to causes beyond reasonable control, including acts of God or government, natural disasters, civil unrest, terrorism, strikes, computer/telecom/internet failures, Malicious Code, denial-of-service attacks, or inability to obtain energy — each a "Force Majeure Event" — provided the parties resume performance promptly.

Notices. Written notices require certified mail or email. Tatango notice: cs@tatango.com or 600 Stewart St., Ste. 400, Seattle, Washington 98101. Customer notice: the email address on record. Customer must maintain current account information.

Waiver; Remedies. No failure or delay in exercising rights constitutes a waiver. Stated remedies do not exclude remedies available at law or in equity.

Severability. Provisions prohibited or unenforceable in any jurisdiction do not invalidate remaining provisions, provided essential obligations remain valid and enforceable.

Assignment. Neither party may assign without prior written consent (not unreasonably withheld), except either party may assign entirely in connection with mergers, acquisitions, reorganizations, or asset sales not involving direct competitors. Unauthorized assignment attempts are void. The Agreement binds successors and permitted assigns.

Entire Agreement. The Agreement constitutes the entire understanding between the parties, superseding all prior agreements, proposals, and representations. MSA provisions prevail over Addendums, Exhibits, Order Forms, and SOWs unless expressly stated otherwise.

Counterparts. The MSA may be executed in counterparts forming one instrument. Facsimile, email, or electronic signature delivery has the same effect as manual execution.

Survival. Sections covering Fees and Payments, Confidentiality, Indemnification, Liability Limitations, Dispute Resolution, and General Provisions survive expiration or termination of the Agreement.

Section 3: Events & Auctions Terms (Givergy)

The following terms apply to users of the momoGood Events & Auctions platform (formerly Givergy). Givergy Ltd is registered in England and Wales under company number 04220813, with its registered office at The Studios, Rosedale Road, Richmond, London, TW9 2SX, UK. These terms govern the use of Givergy's website (www.givergy.com) and platform.

3.1 Website Terms of Use

By using the Givergy site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use the site.

These terms of use refer to the following additional terms, which also apply to your use of the site: the Givergy Privacy Notice, which sets out the terms on which personal data is processed; the Acceptable Use Policy (Section 3.3 below); and the Cookie Policy.

Givergy may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes, as they are binding on you.

The site is made available free of charge. Givergy does not guarantee that the site, or any content on it, will always be available or be uninterrupted. Givergy may suspend, withdraw, discontinue, or change all or any part of the site without notice. The site is directed to people residing in the United Kingdom, United States, Australia, Hong Kong, and Canada. Givergy does not represent that content available on or through the site is appropriate or available in other locations.

3.2 Intellectual Property

Givergy is the owner or the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. Givergy's status (and that of any identified contributors) as the authors of content on the site must always be acknowledged. You must not use any part of the content on the site for commercial purposes without obtaining a license to do so from Givergy or its licensors. If you print off, copy, or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at Givergy's option, return or destroy any copies of the materials you have made.

3.3 Acceptable Use Policy

This Acceptable Use Policy sets out the terms between you and Givergy Ltd under which you may access the Givergy website at www.givergy.com (the "site"). This Acceptable Use Policy applies to all users of, and visitors to, the site.

Your use of the site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement Givergy's terms of website use. Your use of the site and products means that you accept, and agree to abide by, all the Stripe policies located at https://stripe.com/legal/restricted-businesses.

Prohibited Uses

You may use the site only for lawful purposes. You may not use the site:

In any way that breaches any applicable law or regulation, or is fraudulent.
For the purpose of harming or attempting to harm minors in any way.
To transmit, or effect the sending of, any unsolicited or unauthorized advertising or promotional material or similar (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of Givergy's terms of website use.
Not to access without authority, interfere with, damage or disrupt:
- any part of the site;
- any equipment or network on which the site is stored;
- any software used in the provision of the site; or
- any equipment or network or software owned or used by any third party.

Suspension and Termination

Givergy will determine, in its discretion, whether there has been a breach of this Acceptable Use Policy through your use of the site. When a breach of this policy has occurred, Givergy may take such action as it deems appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of the terms of use upon which you are permitted to use the site, and may result in Givergy taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use the site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as Givergy reasonably feels is necessary.

Givergy excludes liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and Givergy may take any other action it reasonably deems appropriate.

Changes to the Acceptable Use Policy

Givergy may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on the site.

3.4 No Reliance on Information

Although Givergy makes reasonable efforts to update the information on the site, Givergy makes no representations, warranties, or guarantees, whether express or implied, that the content on the site is accurate, complete, or up-to-date. The content on the site is provided for general information only. It is not intended to amount to advice on which you should rely.

3.5 Limitation of Liability

Nothing in these terms of use excludes or limits Givergy's liability for death or personal injury arising from negligence, or for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, Givergy excludes all conditions, warranties, representations, or other terms which may apply to the site or any content on it, whether express or implied.

Givergy will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, the site; or use of or reliance on any content displayed on the site. In particular, Givergy will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill, or reputation; or any indirect or consequential loss or damage.

Givergy assumes no responsibility for the content of websites linked to from its site. Such links should not be interpreted as endorsement of those linked websites. Givergy will not be liable for any loss or damage that may arise from your use of them.

Givergy will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or to your downloading of any content on it, or on any website linked to it.

3.6 Viruses

You are responsible for configuring your information technology, computer programs, and platform in order to access the site. You should use your own virus protection software.

You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the site, the server on which the site is stored, or any server, computer, or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offence. Givergy will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them.

3.7 Linking to the Site

You may link to the Givergy home page, provided you do so in a way that is fair and legal and does not damage Givergy's reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Givergy's part where none exists. You must not establish a link to the site in any website that is not owned by you. The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. Givergy reserves the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Acceptable Use Policy.

3.8 Third-Party Links

Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. Givergy has no control over the contents of those sites or resources.

3.9 Governing Law

These terms of use, their subject matter, and their formation are governed by English law. Both parties agree that the courts of England and Wales will have non-exclusive jurisdiction. Note: Givergy also operates in the United States and other jurisdictions; customers using Givergy's U.S. services should contact Givergy directly for applicable terms.

3.10 Cookie Policy

The Givergy site uses cookies to distinguish you from other users and to provide and improve the browsing experience. Cookies are small files of letters and numbers stored on your browser or device that help recognize you when you return. The site uses four categories of cookies:

Strictly necessary cookies: Required for the operation of the site, including login and e-billing features.
Analytical/performance cookies: Allow recognition and counting of visitors and tracking of how visitors move around the site, used to improve site functionality.
Functionality cookies: Used to recognize you when you return to the site, enabling personalisation of content and remembering your preferences.
Targeting cookies: Record your visit to the site, the pages you have visited, and the links you have followed, used to make advertising more relevant to your interests.

Third parties may also set cookies on the site that are beyond Givergy's control. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, some parts of the site may become inaccessible or not function properly. For full details, see the Givergy Cookie Policy.

Contact

If you have questions about these terms, please contact the appropriate team:

Messaging (Tatango): cs@tatango.com
Events & Auctions (Givergy): support@givergy.com