GIVEBACK2SCHOOLS USER TERMS & CONDITIONS. This User Terms & Conditions (“Agreement”) is made and effective by and between, Giveback2, Inc., a Delaware corporation (hereinafter referred to as ”GB2S”), and the person accepting the terms and conditions in and to the Giveback2schools mobile application (the “User”, “you” or “your” as the context dictates) as of the date User’s account on the GB2S App is created and User “accepts” the terms and conditions memorialized by this Agreement (the “Effective Date”).

INTRODUCTION. Welcome to the giveback2schools mobile application (the “GB2S App”). This application is intended to give you an opportunity to generate funds (“Givebacks”) for the educational institutes and their related auxiliaries of your choice (the “School”) by simply choosing a GB2S Participating Business (“GB2S Participating Business”) when you need goods or services. GB2S knows our users are excited to see how the giveback2schools program can make a difference in the lives of schools and students, and it also knows the importance of keeping each user’s information private. The GB2S privacy policy is attached to this Agreement and is also available on our website at www.giveback2schools.com.

By downloading the GB2S App and clicking on the “Submit” button during the creation of an account on the GB2S App, User agrees to be bound by the terms and conditions set forth in this Agreement.

ELIGIBILITY/ACCOUNT PROFILE. By registering with the GB2S App, User acknowledges that User is at least 13 years of age, that the information you provide in the registered account is true, complete, and accurate, and you agree to keep this information accurate and up to date at all times. You will be asked to set up an account profile within the GB2S App. Although you have a choice with respect to the information you include in the registration of an account, there are certain fields that are required in order to generate Givebacks and utilize the features of the GB2S App. These fields include:

School Selection. You may select as many schools as you wish to receive your Givebacks. All listed schools have been verified by the administration of that school or school district governing that school. If you do not see a school or group that you would like to support, please reach out to GB2S at schools@giveback2schools.com and GB2S will do its best to add verified schools to the GB2S App. You may choose to wait to generate Givebacks until the school of your choice is added, or you may select another school to support until the school of your choice is added. GB2S will do its best to notify you if/when the school of your choice is added. In the event you fail to, or elect not to, select a school in your GB2S App profile, GB2S will disburse Givebacks generated from Qualified Transactions from your GB2S App account to the school(s) of GB2S’s choice and at its sole discretion. You have access to alter your school selection at any time on your GB2S App profile.

Linking of Credit/Debit Cards. You may link an eligible credit or debit card(s) issued by American Express, MasterCard or Visa for the sole purpose of monitoring purchases of goods or services at any of the GB2S Participating Businesses. Each uniquely numbered credit or debit card is only eligible to be linked in one profile on the GB2S App. If your credit or debit card has more than one authorized user, and the credit or debit card is linked on a profile in the GB2S App, any authorized purchases with a GB2S Participating Business will be monitored. Givebacks that result from those purchases will be distributed to the schools selected on the GB2S App profile where the card is linked. Not all cards can be monitored by GB2S’ third party monitoring service (“Fidel”), so each credit or debit card you enter will be validated prior to it becoming eligible to use within the GB2S App. Without limitation, Visa Buxx, Flexible Spending Account (FS) Visa cards, EBT Visa cards and other Visa-branded cards whose transactions are not processed through the Visa U.S.A. payment system are not eligible to participate. Process debit card transactions as credit cards and do not use PIN numbers, as some PIN numbers prevent cards from being monitored. You may opt-out of this monitoring at any time by selecting ‘Account’ from the home screen of your GB2S App and deleting your registered card(s). User acknowledges that if they choose not to register a credit or debit card, they will not be generating Qualified Transactions (defined below) that result in Givebacks.

GIVEBACKS. By linking your credit or debit card(s) and using that linked credit or debit card when purchasing goods or services with a GB2S Participating Business listed on the GB2S App, these settled purchases (“Qualified Transactions”) may result in Givebacks that will be given to the schools of your designation. Each GB2S Participating Business will designate a percentage of each Qualified Transaction that such GB2S Participating Business will submit to GB2S to distribute to schools. Each GB2S Participating Business may change their respective giveback percentages at their sole discretion. You may view the designated giveback percentage of each GB2S Participating Business by clicking on the listing for each GB2S Participating Business and viewing the GB2S Participating Business profile. The percentage designated by the GB2S Participating Business at the time of your Qualified Transaction will be used to determine the dollar amount of Givebacks generated to distribute to schools.

In some instances, a GB2S Participating Business may be unable to generate Givebacks from a monitored credit or debit card transaction and may, alternatively, have a designated dollar amount of Givebacks issued when you purchase goods or services from such GB2S Participating Business. These exceptions are clearly stated on the GB2S Participating Business profile screen in the GB2S App. An example of this type of exception may be a real estate company that offers Givebacks for each real estate transaction consummated by a User. While transactions with this type of business are not typically made through credit or debit card payments, this business may wish to participate and reward the transaction by issuing a fixed-rate or dollar amount of Givebacks. It is User’s obligation to notify the GB2S Participating Businesses that do not typically accept credit or debit cards that User is a GB2S App User, and the transaction conducted by User may qualify as a Qualified Transaction.

In the event User returns goods or services from a Qualified Transaction to a GB2S Participating Business that results in a refund of that transaction, an appropriate reversal of the Givebacks that were generated from the original Qualified Transaction may be generated.

In the event the dollar amount of Givebacks generated from a Qualified Transaction results in a monetary amount too small to allocate to all the schools on a User’s profile, GB2S will make a final determination of the amounts to be allocated to each school.

GB2S will disburse the total net Givebacks generated from Qualified Transactions on a periodic basis and will disburse those Givebacks to schools on a monthly basis any time a school accumulates Givebacks in an amount equal to or in excess of $50.00. Net Givebacks are the total of Givebacks generated and collected from all GB2S Participating Businesses less the monitoring and processing fees and GB2S management fee. GB2S provides each school a detailed allocation of the funds generated for Givebacks and the groups with the school (if applicable) that the Givebacks were designated to support. GB2S has full confidence that schools will allocate Givebacks as the Users have indicated as their preference, however, User hereby acknowledges that if these allocations conflict with school policy or state laws, the final distribution of these Givebacks are at the sole discretion of the school.

GB2S COVENANTS. By downloading the GB2S App and clicking on the “Check Terms To Continue” button within the GB2S App, User agrees to the terms and conditions of the license memorialized in this Agreement. If User does not agree to the terms of the license provided in this Agreement, GB2S will not license the GB2S App to User, and User must stop the downloading or otherwise refrain from using the GB2S App. In addition to the forgoing:

The terms of this Agreement apply to the GB2S App or any of the services accessible through the GB2S App, including any updates or supplements to the GB2S App or any such related services, unless they come with separate terms, in which case those terms apply.

GB2S may modify or change the terms of this Agreement at any time at its sole discretion. In the event GB2S modifies or amends any of the terms or conditions of this Agreement, the revised terms and conditions will be made available for your review on the GB2S App and indicate the date the change or modification became effective. You may access the most recent version of this Agreement at any time on either the GB2S App or the GB2S website, www.giveback2schools.com. GB2S encourages User to review this Agreement for changes or modifications periodically. GB2S may also notify User of any changes or amendments to this Agreement when User next opens the GB2S App or by displaying an on-screen notification of such change or amendment.

User will be assumed to have obtained permission from the owner(s) of the mobile telephone or handheld device(s) (the “Device”) that are controlled, but not owned, by User to download or use the GB2S App onto the respective Devices. User and the owner of the Device(s) may be charged by User’s or the owner’s service providers for internet access on the Devices. User accepts responsibility in accordance with the terms of this Agreement for the use of the GB2S App on or in relation to any Device, whether or not it is owned by User or not.

User hereby acknowledges and agrees that User’s use of the GB2S App and the generation of Givebacks to be disbursed to one or more schools does not constitute a contractual relationship among or between any school or any one or more GB2S Participating Businesses.

GRANT OF LICENSE. In consideration of User agreeing to abide by the terms and conditions set forth in this Agreement, GB2S hereby grants to User a non-transferable, non-exclusive license to use the GB2S App during the Term (as defined below) subject to the privacy Policy of GB2S attached hereto as the Privacy Policy. As an authorized user of the license granted by this Agreement:

User may: • Download the GB2S App on one or more Device. • Register a credit or debit card within the GB2S App for the sole purpose of monitoring the purchases of goods and services by User at any of the GB2S Participating Businesses registered on the GB2S App. • Create Givebacks by making Qualified Transactions with GB2S Participating Businesses.

User may not: • Copy, modify or distribute the GB2S App or any copy, adaptation, transcription, or merged portion thereof, and User may not reverse engineer, disassemble, decompile or create derivative works based upon the whole or any part of the GB2S App. • Sub-license, loan translate, merge, adapt, vary, or modify the GB2S App or any of its content. • Use the GB2S App in any unlawful manner, for any unlawful purpose or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the GB2S App. • Transmit any material that is defamatory, offensive, or otherwise objectionable in relation to User’s use of the GB2S App. • Infringe upon any GB2S intellectual property rights or those of any third parties in relation to its use of the GB2S App. • Use the GB2S App in any way that could damage, disable, overburden, impair or compromise the GB2S App or the system supporting the GB2S App or otherwise interfere with the use of other users.

USER’S OBLIGATIONS. Subject to the duties and obligations of GB2S set for the herein, User: • Shall comply with the terms and conditions of the Privacy Policy. • Shall register only active and valid credit or debit cards within the GB2S App for purposes of tracking the transactions made on such credit or debit cards with GB2S Participating Businesses (the “Qualified Transactions”). • Hereby authorizes GB2S’ third-party monitoring service provider (‘Fidel”) to monitor User’s payment card activity to identify Qualified Transactions and to share such information with GB2S. User has or has had the opportunity to review GB2S’ Privacy Policy, and User may opt-out of the monitoring of the payment card(s) of Users at any time by deleting the authorized credit or debit card from the GB2S App or otherwise canceling its account within the GB2S App. If User chooses to register a credit or debit card in connection with the monitoring of its Qualified Transactions, User hereby authorizes GB2S to share User’s credit or debit card information with Fidel so it is aware of User’s enrollment.

TERM. This Agreement shall be and become effective as of the Effective Date and remain in effect until terminated by either GB2S or User as provided herein (the “Term”). User may terminate this Agreement by either deactivating the User’s account on the GB2S App or upon delivery of written notice to GB2S of User’s desire to deactivate its account to community@givback2schools.com. GB2S may terminate this Agreement at any time without cause by removing or otherwise deleting the account of User from the GB2S App upon delivery of not less than three (3) days’ notice to User of its intent to terminate the account. In the event this Agreement is terminated for any reason, such termination shall be and become effective not more than three (3) days immediately following either party’s delivery of notice of termination (the “Termination Period”). Upon the expiration of the Termination Period, User’s account on the GB2S App shall be deactivated, GB2S shall terminate any and all monitoring of User’s registered credit or debit card(s) and User shall no longer generate Givebacks eligible to be dispensed to Schools. Any and all Givebacks generated during the Termination Period shall be allocated to the School(s) as provided in User’s account prior to the termination hereof. Upon the termination of this Agreement for any reason, User’s license to use the GB2S App shall immediately cease, and User shall immediately cease all activities upon the GB2S App.

CONFIDENTIALITY. User agrees that the information that User provides to GB2S upon its creation of an account on the GB2S App and at all other times will be true, accurate, current, and complete. User also agrees that it will ensure that this information is kept accurate and up to date at all times. This is particularly important with respect to User’s email address and payment card information. It is vitally important to GB2S that the information collected during User’s enrollment on the GB2S App remain confidential. To that end, all information provided by User on the GB2S App will remain confidential and, with the exception of the monitoring of Qualified Transactions by Fidel, will not be distributed to third parties. GB2S limits access to the personal information about User to its employees and agents who need to review, alter, or amend such information in order to enhance User’s use of the GB2S App. GB2S has physical, electronic and procedural safeguards that comply with federal regulations to protect personal information about User. User’s account is password-protected, and GB2S uses certain industry-standard encryption devices to protect User’s personal information.

PROPRIETARY PROTECTION AND RESTRICTIONS. GB2S shall have the sole and exclusive ownership of all right, title and interest in and to the GB2S App and all modifications and enhancements thereof (including ownership of all trade secrets and intellectual property pertaining thereto), subject only to the rights and privileges expressly granted to User herein by GB2S. This Agreement does not provide User with title or ownership of the GB2S App, but only a right of limited use and promotion thereof.

DISCLAIMERS. GB2S must, from time-to-time, “turn-off” its system for scheduled maintenance or updates. GB2S will perform such maintenance or updates only during “off peak” hours (midnight to 6 am central time) and will give User not less than twenty-four (24) hours prior notification of its system maintenance. GB2S shall not be responsible for problems, disruptions, damages or losses as a result of such maintenance.

USER UNDERSTANDS AND AGREES THAT NEITHER GB2S NOR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, PAYMENT CARD NETWORKS, OR AGENTS (COLLECTIVELY, “REPRESENTATIVES”) MAKE ANY GUARANTEE, REPRESENTATION OR WARRANTY INCLUDING, WITHOUT LIMITATION ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATING TO THE GB2S APP, AND GB2S AND ITS REPRESENTATIVES HEREBY MAKE THE GB2S APP AVAILABLE FOR USE TO USER IN ITS “AS-IS” AND “AS-AVAILABLE” CONDITION AND FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATING TO THE GB2S APP, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WHATSOEVER AS TO THE FITNESS FOR A PARTICULAR USE OR PURPOSE OR THE MERCHANTABILITY OF GB2S APP.

User hereby agrees to protect, indemnify, defend and hold harmless GB2S, its Representatives and Payment Card Networks from and against and pay (without any condition that GB2S, its Representatives, or Payment Card Networks first pay) for all claims, demands, suits, liabilities, damages, judgments, losses and expenses including, without limitation, attorney’s fees or court cost, statutory civil damages, economic damages incurred as a result of any disputes or claims against User from either or both of Schools, GB2S Participating Businesses or Payment Card Networks, any infringement upon the trademark or other intellectual property of GB2S or the GB2S App, personal injury, death or property damage, whether real or personal, which are asserted against GB2S or its Representatives.

User understands and agrees that GB2S and Payment Card Networks will not be held liable whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise for any indirect, consequential or special damages.

ASSIGNMENT. This Agreement is not assignable by User. This Agreement or any portion thereof is assignable by GB2S at any time and its sole and absolute discretion.

MISCELLANEOUS PROVISIONS.
The paragraph titles used herein are for the convenience of the parties and shall not be considered in construing the provisions of this Agreement. Notwithstanding the foregoing, the recitals of and to this Agreement shall be fully incorporated herein as if the same were part and parcel to this Agreement.

Each party represents and warrants that it has the capacity, authority, and power to enter into this Agreement.

The parties hereby acknowledge and agree that the terms of the Agreement and all information gathered prior to, during, and following the Term shall be considered proprietary and confidential information and the receiving party shall maintain and protect from disclosure the confidential information using the higher of a reasonable standard of care or the same degree of care as the receiving party uses for its own confidential and proprietary information, and the receiving party shall not disclose such information to any third party.

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Kansas. Each party consents that jurisdiction and venue shall be exclusively in Johnson County, Kansas.

This Agreement, including each exhibit hereto, which is incorporated herein by reference constitutes the entire agreement between the parties and supersedes any and all prior agreements or understandings of the parties hereto whether the same were written or oral. Should any provisions of this Agreement be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of this Agreement shall not be affected thereby and shall continue in full force and effect as if such invalid provision did not exist. No amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by the party against which such amendment, change, waiver, or discharge is sought to be enforced.

There shall be no waiver by GB2S of any breach of this Agreement unless specifically waived in writing by GB2S. In the event GB2S shall waive any breach of this Agreement by User, it shall not be construed as a waiver of any subsequent breach of this Agreement by User. GB2S’s rights hereunder shall be cumulative, and any rights hereunder may be exercised concurrently or consecutively and shall not include all remedies available even though not expressly referred to herein.

The rights and obligations of the parties under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of each party. Any notice required or permitted to be given under the terms of this Agreement shall be given in writing from GB2S to the User by direct message to User from the GB2S App and from User to GB2S to community@giveback2schools.com.

EXHIBIT A – PRIVACY POLICY.

Our Commitment to Privacy. At Giveback2, Inc. (“GB2S”), we know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By creating an account on the GB2S App, you are accepting the practices described in this Privacy Notice.

Site Security. Traffic to and from our site is encrypted end-to-end. This includes traffic inside of our cloud platform itself, like from the web, server to the database. This also means that the mobile device talking to the back-end API is doing so over an encrypted connection. GB2S does not store your Giveback2schools login password in plain text. They are hashed and salted so ‘cracking’ is virtually impossible.

What Personal Information About Users Does the GB2S Website Gather? The information we learn from users helps us personalize and continually improve your use of the GB2S App. Here are the types of information we might gather: Name, Address, Email Address, Phone Number, Credit/Debit Card Information. YOUR CREDIT/DEBIT CARD INFORMATION IS ENTERED INTO A SCREEN THAT IS POWERED DIRECTLY BY OUR THIRD-PARTY VENDOR. THIS INFORMATION DOES NOT TOUCH THE GB2S CODE. OUR THIRD-PARTY VENDOR TOKENIZES THIS INFORMATION IN REAL TIME. YOUR CREDIT/DEBIT INFORMATION IS NEVER STORED BY GB2S OR OUR THIRD-PARTY VENDOR.

How We Use Information You Give Us. We currently use Fidel and the Payment Card Networks (American Express, MasterCard and Visa) to monitor card transactions for your participation in the GB2S program. Your agreement to the GB2S Terms and Conditions (T&Cs) authorizes Fidel and the Payment Card Networks to monitor transactions made with your registered eligible payment cards at participating GB2S merchants to confirm qualified transactions. The data collected and returned to us from Fidel includes your tokenized registered card identifier, merchant location of qualified transaction, applicable payment card network (American Express, MasterCard or Visa), qualified transaction date/time and amount. GB2S will use transaction data to confirm a Qualified Transaction or Return and to confirm Givebacks generated. GB2S will share transaction data with the participating merchant where a transaction occurred, as needed, for the merchant to confirm a specific transaction occurred and verify givebacks generated; for example, date/time and amount of your purchase and the last 4 digits of your card number so the merchant can verify your purchase with its records if there is a missing or disputed transaction.

Additionally, we use the information that you provide for such purposes as responding to your requests, disbursing Givebacks created by Qualified Transactions to area educational institutions, and in communicating with you.

We receive and store any information you enter on the GB2S App or give us in any other way WITH THE EXCEPTION OF YOUR CREDIT/DEBIT CARD INFORMATION. You can choose not to provide certain information, but then you might not be able to take advantage of many of the GB2S App’s features.

Automatic Information. We receive and store certain types of information whenever you interact with us. For example, like many mobile applications, we obtain certain types of information when you access the GB2S App. Examples of the information we might collect and analyze include the Internet Protocol (IP) address used to connect your mobile device to the Internet; GB2S login; e-mail address; GB2S password; mobile device and connection information such as operating system type and version, browser type and version and platform; purchase history; the full Uniform Resource Locators (URL) click stream to and from the GB2S App, including date and time; cookie number; and products you viewed or searched for.

Automatic Notifications. To help you use the GB2S App with more proficiency, we often send notifications regarding special features within the GB2S App, updates to the GB2S App and special promotions being offered by participating vendors within the GB2S App. If you do not want to receive notifications from us, please adjust your account to reflect this by turning off the notifications from GB2S in your mobile device settings.

What about Cookies? Cookies are alphanumeric identifiers transferred to your mobile device through the GB2S App. The GB2S App may or may not use cookies at times to enable certain features available on the GB2S App. Each mobile device may or may not be designed to prevent the device from accepting new cookies, how to have the device notify you when you receive a new cookie, or how to disable cookies altogether. You may elect to disable the use of cookies through the GB2S App but doing so may result in a loss of some or all of the functionality of the GB2S App from time to time.

Does GB2S Share the Information It Receives? Information about our users is an important part of the GB2S App, and WE ARE NOT IN THE BUSINESS OF SELLING IT TO OTHERS. We share user information only as described below.

Monitoring. We employ Fidel, a PCI Level-one company, to monitor transactions at participating GB2S participating businesses and identify transactions made with debit/credit card(s) linked by a User on the GB2S App. By checking “Accept” upon the completion of your registration of a credit/debit card on the GB2S App, you authorize American Express, Mastercard or Visa to monitor your payment card activity to identify transactions that qualify for the Giveback2schools Program and for American Express, Mastercard or Visa to share such information with our vendor and GB2S. You may opt-out of transaction monitoring of your payment cards at any time by deleting your linked card from the account setting of the mobile app.

Protection of GB2S and Others. Your personal information is important to us, and we take every measure to insure to maintain the confidence of your personal information. We release personal information when we believe release is appropriate to comply with law; enforce or apply our Terms and Conditions of Use and other agreements; or protect the rights, property, or safety of the GB2S App, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and website risk reduction.

How Secure Is Information About Me? In order to secure your personal information (including but not limited to credit/debit card information), access to your financial data is password-protected, and we work to protect the security of your financial information during transmission by encrypting the information you input. It is your responsibility to protect the security of your login information. On our end, we never store your GB2S password in plain text. Passwords are hashed and salted making ‘cracking’ virtually impossible. It is important for you to protect against unauthorized access to your password and to your mobile device. It is also your responsibility to be sure to log out when finished using the GB2S App.

What Information Can I Access? GB2S gives you access to “My Account” information for the limited purpose of viewing and, in certain cases, updating that information.

What Choices Do I Have? As discussed above, you can always choose not to provide information, even though it might be needed to give you access to the Giveback2schools Program, to make Qualified Transactions or to take advantage of such GB2S App features. However, your failure to provide all of the information requested by the GB2S App may result in your inability to make a portion of your purchases available to your school of choice. You can add or update certain information on pages such as those listed in the “My Account” pages. When you update information, we usually keep a copy of the prior version for our records.

Conditions of Use, Notices, and Revisions. If you choose to use the GB2S App, your use and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, mediation of disputes, and application of the law of the state of Kansas. If you have any concern about privacy of the GB2S App, please send us a detailed description of your concern to community@giveback2schools.com, and we will try to resolve it. The GB2S App changes constantly. This Notice and the Conditions of Use may change also and use of information that we gather now is subject to the Privacy Notice in effect at the time of use. We may send periodic notifications of changes to this policy and the terms and conditions of your use of the GB2S App, unless you have instructed us not to, but you may check the GB2S App or the Appstore to see any recent changes.

Our Commitment to Data Security. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect on the GB2S App.

You can correct factual errors in your personally identifiable information by sending us a request that credibly shows the error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

LEGAL DISCLAIMER:
It is possible that we may need to disclose personal information when required to do so by law, such as responses to civil or criminal subpoenas or other requests by law enforcement personnel. We will disclose such information wherein we have a good-faith belief that it is necessary to comply with a court order; ongoing judicial proceeding, subpoena or other legal process or request to GB2S brought in any country throughout the world or to exercise our legal rights or defend against legal claims.

How to Contact Us: Should you have other questions or concerns about these privacy policies, please send us an email at community@giveback2schools.com.

Last Updated 04.23.21