These Terms of Service (“Terms”) for use of the Altruist platform, apps, sites, and services (collectively “Altruist”), including Altruist Give (“Altruist Give”) and Altruist Volunteer (“Altruist Volunteer”), is by and between Devnext, Inc. a Georgia Corporation (“Devnext,” “we,” “us,” and “our,” as applicable) and you as the user of the platform (“User” or “you”), for the provision of services to you by Devnext through an Altruist software application, a mobile web page, or Altruist’s web site (collectively “Services”), including any related site branded for Altruist’s clients (collectively, the “Site”) as described herein. These Terms state the terms of service for your use of the Site and any Services (as defined below) provided through or in connection with the Site. Before using the Site or any Services you must read, agree with, and accept all of the terms and conditions of these Terms and our Privacy Policy (www.altruist.dev/privacy), which is incorporated into Terms by reference and included within the definition of Terms as used herein. If you do not agree to be bound by all of these Terms, then you may not use the Site or any related Services. These Terms govern use of the Site by all visitors, users, and other parties that access the Site or use the Services. These Terms are effective as of the date (the “Effective Date”) you create your account and register for such Services.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION HEREIN. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
You accept and are legally bound under these Terms by doing any of the following: (1) by clicking “I agree” or its equivalent when such terms are presented on your screen, (2) by accessing the Services in any way, such as by viewing, downloading, or uploading any content made available via the Services by us, by you, or by others, (3) submitting an online application form to us or creating an account with us, or (4) by browsing or otherwise using the Site or the Services. We may update or revise these Terms from time to time. The most current version of the Terms will be posted on the Site at (www.altruist.dev/terms), so please review these Terms frequently. Notice of changes to these Terms will be posted to the Site according to the Notice provisions herein, and your continued use of the Site constitutes your acceptance of such changes.
The term in which you have an active account (the “Account Term”).
Consent to Text Messages
The User consents to receive text messages from our platform. Text messages are a vital part of communicating with the organizations that use our platform. Messages may include information about products and/or sponsors that relate to the use of our platform. Users can reply STOP to opt out.
Altruist Volunteer means Devnext’s Altruist application software used by Users to communicate volunteer opportunities, organize and manage volunteers, and the online dashboards and tools used to visualize and manage such operations and inform decision making, all of which are provided as part of the Services. The Site may include information, descriptions, ordering forms and guidelines, account information, text, graphics, audio, video, demonstrations, and other features (“Content”), all of which are provided as part of the Services. As used herein, the term “Content” also includes, without limitation, software applications and all text, graphics, descriptions, and other content in a software application or other Site, and all such material provided or made available to you through the Sites. Unless explicitly stated otherwise, these Terms will apply to any new features of or enhancements to the current Services or Content.
Altruist Give means Devnext’s Altruist application software used by Users to allow end users to round up to the nearest dollar in certain financial transactions, accrue the amount rounded to a certain threshold, and then donate that accrued amount to a non-profit organization, or provide a custom donation, through a version of the Site using the non-profit organization branding. The Site may include Content, all of which are provided as part of the Services. Unless explicitly stated otherwise, these Terms will apply to any new features of or enhancements to the current Services or Content.
The Services and Content are provided “AS-IS” and “AS-AVAILABLE” for your use, and we are not responsible for the timeliness, deletion, inaccuracy, interruption, or mis-delivery of any part of the Service or Content. The Content and certain tools used for the Services on the Site may be provided by one or more third-party vendors or individual Content providers. You understand and agree that we cannot verify the accuracy of such Content or Services, and we make no representations or warranties to you that the Content is accurate or reliable.
We reserve the right to fully cooperate with any law enforcement or duly authorized regulatory authorities or court order requesting or directing us to disclose Content or the Information, the identity of anyone posting Content or Information, or publishing or otherwise making available any materials that are believed to violate these Terms or other law. By accepting these Terms, you waive, release, and hold us harmless from any claims resulting from any action we take during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us, by law enforcement, or by duly authorized regulatory authorities.
To use certain portions of the Services, including Altruist Give or Altruist Volunteer, you must register an account with us (“Account”). When you request a demonstration or submit an online Account application form to us, we retain the right, in our sole and exclusive discretion, to approve your organization for Account registration, and we are under no obligation to grant such approval. Upon completion of your Account registration, you have engaged Devnext to use the associated portions of the Altruist Site.
If you register an Account with us, you agree to provide true, accurate, current, and complete Information about yourself and your organization. We retain the right to suspend or terminate your Account and refuse any and all current or future use of the Service and Content (or any portion thereof) if you provide any untrue, inaccurate, outdated, or incomplete information, or if we reasonably suspect that you have done so.
Certain features of the Site, Services, or Account registration allow or require you to upload or otherwise submit to the Site certain types of text, graphics, data, records, notes, and other information, some of which may contain your personally identifiable information or proprietary information, such as trademarks or copyrightable content (collectively, the “Information”). You hereby grant us and all other persons or entities involved in the operation of the Site, and any of our affiliates or business partners, an irrevocable, unconditional, royalty-free, non-exclusive, right and license to transmit, monitor, retrieve, store, display and use your Information in connection with operation of the Site, provision of the Services, for analytic uses, and for commercial purposes "License Granted."
If you register an Account with us, the Services associated with your Account are generally accessible 24 hours a day, seven days a week, except for reasonable periods of time for system maintenance. We are not liable under these Terms for failure to provide access due to a system failure or due to other unforeseen acts. Even in cases where notification is usually required, we may modify, suspend, or terminate access to certain portions of the Services or your Account at any time and for any reason without prior notice, in order to protect the system or your Account. We will give you notice in other situations if required by law.
You are responsible for taking all reasonable steps to ensure that no unauthorized person obtains access to your passwords or other credentials for accessing your Account. You are responsible for all activities that occur under your credentials or Account. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Account and password; (3) promptly inform us of any need to deactivate a password; and (4) access your Account over a secure Internet connection. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Nor are we liable for any loss or damage arising from Information compromised as a result of your lost, stolen, or damaged hardware or software.
During the Account Term, Devnext will charge the associated Service fees (“Fees”) to your credit card or checking account on the same day each calendar month for monthly Accounts, and on the anniversary of each Effective Date for yearly accounts (“Payment Date”). If you cancel your Account before a Payment Date, you will not receive a refund, and no further charges will be made to your Account on the following Payment Date or thereafter.
You hereby authorize Devnext to charge your credit card or bank account on the Effective Date and on each subsequent Payment Date for payment of your Fees. You understand that your authorization will remain in effect until you cancel it either in writing or by terminating your Account. If the above noted Payment Date(s) fall on a weekend or holiday, you understand that the payments may be executed on the next business day. For ACH debits to your checking or savings account, you understand that because these are electronic transactions, these funds may be withdrawn from your account as soon as the above noted Payment Dates. In the case of an ACH Transaction being rejected for Non-Sufficient Funds (NSF), you understand that Devnext may, at its discretion, attempt to process the charge again within thirty (30) days, and you agree to an additional $35.00 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized recurring payment. You acknowledge that the origination of ACH transactions to your bank account must comply with the provisions of U.S. law. You certify that you are an authorized user of the credit card or bank account you identify to us, and you will not dispute these scheduled transactions with your bank or credit card company, so long as the transactions correspond to the terms indicated in these Terms or in any authorization form you provide to Devnext.
You will be responsible for payment of all applicable value added, sales, use and other taxes levied on it by any government authority with respect to use of Altruist and its Services.
If Devnext is unable to process charges to your credit card, or if charges for the Fees are refused by your credit card provider or bank, your Account may enter a collection process. You will then have ten (10) days to process payment to us. If you have not completed payment to us within this time period, we may suspend or terminate your Account or the Services. If your Account has been terminated, you may reactivate it for the purpose of processing final payment.
In the event that an end user authorizes a round-up donation to your Account through Altruist Give and that end user thereafter disputes the transaction with the end user’s bank or credit provider, the donation transaction will be reversed, and Devnext will assess a $30.00 chargeback fee to your Account. You hereby approve any such chargeback fees and authorize Devnext to deduct such amounts from the balance in your Account as part of the Fees.
All Altruist work product developed by Devnext shall be owned exclusively by Devnext. Devnext grants to the User during the Account Term a limited, non-exclusive, nontransferable, non-assignable revocable right and license to use the Site as described in these Terms. Devnext, including its affiliates who may provide services for the Site, shall retain all ownership of the all Services, Content, software, platforms, the Site, and all related intellectual property rights.
You acknowledge and agree that the Services or the Site may contain links to other third-party web sites, resources, services, or tools (“Third-Party Resources”). We have no control over such Third-Party Resources, and you acknowledge and agree that we bear no responsibility for the availability of such Third-Party Resources, do not endorse, and bear no responsibility or liability for any content, advertising, products, or other materials on or available from such Third-Party Resources. By following links to Third- Party Resources, you may navigate away from the Sites, and your online activity relating to the Third- Party Resource will be subject to any terms and conditions governing your use of the Third-Party Resource. You agree to comply with any and all applicable licensing terms or agreements as required to use any Third-Party Resources.
User will not, and will not allow any third-party to (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of Altruist or the Site(s); (ii) modify, translate, or create derivative works based on Altruist or the Site(s); (iii) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to Altruist or the Site(s); (iv) use the Site for timesharing or service bureau purposes or otherwise for the benefit of a third-party (excepting end users as authorized hereunder); (v) remove or otherwise alter any proprietary notices or labels from Altruist or the Site(s) or any portion thereof; or (vi) upload, post, e-mail, transmit, text message, or otherwise make available any topic, name, material, or information that is unlawful, harmful, infringing, threatening, abusive, harassing, tortious, profane, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. You agree to use the Site only in compliance with (i) the rights granted hereunder, and (ii) in accordance with all applicable laws and regulations.
We reserve the right to modify or terminate the Service, the Content, your Account, or any part thereof, temporarily or permanently, at any time and from time to time, and with or without notice to you. We retain the right, but have no obligation, to monitor use of the Site, the Services, or your Account to determine compliance with the Terms, as well as the right to remove or refuse any Information or Content for any reason. Notwithstanding these rights, you remain solely responsible for your use of the Site, the Services, and your Account. You agree to not modify, port, adapt, translate or create any derivative work based upon, Altruist, including its software or documentation. You agree that we shall have the right, in our sole discretion, to terminate or suspend your access to or use of the Site, the Services, your Account, or any part thereof temporarily or permanently, at any time and from time to time, and with or without notice, for any reason whatsoever including, without limitation, quality assurance or if we believe that you have violated or acted inconsistently with the letter or spirit of any provision of these Terms. You also agree that we will not be liable to you or to any third party for any modification, termination, or suspension of access to the Site, Services, Content, or your Account. Unless specifically approved in writing by Devnext, you agree to not copy, distribute, sell, assign, pledge, sublicense, lease, loan, rent, timeshare, use or offer Altruist, including its software and documentation, on a service bureau basis, deliver or otherwise transfer Altruist, in whole or in part.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders, or other partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of any rights of another, your breach of these Terms, your use of the Site or Services, or your violation of any law.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE, CONTENT, SITE, AND YOUR ACCOUNT IS AT YOUR SOLE RISK. THE SERVICE, CONTENT, SITE, AND YOUR ACCOUNT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
B. WE MAKE NO CLAIM THAT THE SERVICE, CONTENT, SITE, OR YOUR ACCOUNT WILL BE SUITABLE FOR YOUR NEEDS, UNINTERRUPTED, TIMELY, OR SECURE. THE SERVICE, CONTENT, SITE, OR YOUR ACCOUNT MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, OR MAY BE OTHERWISE UNRELIABLE. WE MAKE NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR SITE WILL MEET YOUR EXPECTATIONS.
C. ANY MATERIAL UPLOADED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SERVICE, OR YOUR ACCOUNT IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING OR DOWNLOADING OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS, CONTRACTORS, OR OTHER PARTNERS, MEMBERS, EMPLOYEES, AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WEAND/OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE AVAILABILITY OR PERFORMANCE OF THE SERVICE, CONTENT, SITE, OR YOUR ACCOUNT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR INFORMATION; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, SERVICE, OR CONTENT, INCLUDING ANY STATEMENTS OR CONDUCT THAT MAY BE THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, ILLEGAL, OR INFRINGING; OR (iv) ANY OTHER MATTER RELATING TO THE SITE, SERVICE, OR YOUR ACCOUNT. NOTWITHSTANDING ANY PROVISION OF THESE TERMS TO THE CONTRARY, YOU AGREE THAT OUR TOTAL, AGGREGATE, AND COMPLETE LIABILITY FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCOUNT, THE USE OF THE SITE, THE SERVICES, THESE TERMS OR ANY BREACH OF THESE TERMS, IN NO EVENT SHALL EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO US IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING SUCH BREACH OR THE EVENTS GIVING RISE TO SUCH CLAIMS. THE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES IN THIS SECTION FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Site or the Service may provide notices to you via either push notifications, e-mail, or regular mail, and the Service may provide notices of changes to these Terms or other matters by displaying notices or links to notices on the Site.
For any controversy or claim arising out of or relating to these Terms, the Site, the Service, your Account, or the negotiation, formation, performance, or breach of these Terms, the parties agree to provide the other party with written notice of the dispute as soon as practicable, and the parties agree to exercise commercially reasonable efforts to resolve the dispute amicably through their designated officers. A Dispute that is not resolved within 30 days following the discussions contemplated by the prior sentence will, upon written demand of either party, be resolved exclusively by final and binding arbitration, and the arbitration proceedings and decision shall be confidential. Whenever possible, the JAMS Streamlined Arbitration Rules and Procedures shall be used, including, without limitation, Final Offer Arbitration (Rule 28). Arbitration will be conducted in Atlanta, Georgia by JAMS (“Arbitrator”) pursuant to the Arbitrator’s commercial arbitration rules and procedures then in effect. Each party shall bear its own costs and expenses, except that the Arbitrator’s fees and expenses shall be borne equally between the parties. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY. Each party may seek injunctive or other equitable relief in any federal or state court in the state of Georgia, which shall have exclusive jurisdiction, without first submitting such matter to arbitration but in support of the arbitration process. If any action is pursued to enforce this Agreement, the substantially prevailing party shall be entitled to reasonable attorneys’ fees and costs
If any arbitration or legal proceeding is instituted in connection to or relating to the Site, these Terms, the Service, or your Account, the prevailing party shall be entitled to recover from the other party its costs, including reasonable attorneys’ fees and costs.
These Terms are governed by the laws of the State of Georgia, without reference to conflict of laws principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. These Terms are a contract for services and not a sale of goods. The parties agree that these Terms, the Site, Service, and Content shall not be subject to or governed by the Uniform Commercial Code.
You acknowledge that you have read these Terms, understand it, and agree to be legally bound by its terms and conditions. These Terms constitute the entire agreement and a complete and exclusive statement of the agreement between the parties, which supersedes all prior or concurrent negotiations, proposals and understandings, whether oral or written, and all other communications between the parties relating to the subject matter of these Terms. No provision hereof shall be deemed waived, amended, or modified except in a written addendum signed by an authorized representative of each party. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. These Terms shall be binding upon and shall inure to the benefit of the parties and their successors.
If any provision of these Terms is held to be unenforceable, such provision shall be inoperative and shall be replaced with a provision that is enforceable and reflects the parties’ intent to the maximum extent permitted by applicable law, and the remaining provisions of these Terms shall remain in full force and effect.
Devnext shall not be liable for any losses arising out of the delay or interruption of its performance of its obligations under this Agreement due to any act of God, act of governmental authority, act of public enemy, war, riot, civil commotion, insurrection, severe weather conditions, failures in telecommunications, internet service provider or hosting facilities, or any other cause beyond the reasonable control of the affected party. In and during such an event, Devnext shall be excused from any further performance, provided it uses commercially reasonable efforts to recommence such performance without delay. Devnext shall notify you as soon as practicable and describe in reasonable detail such event and its remediation efforts.
If you have any questions regarding these Terms or the Service, please contact us at info@altruist.dev.