Date of last update: July 18, 2022
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These Terms of Service ("Terms") are a legally binding agreement between you and Humance governing your use of the Humance websites, applications and other products (collectively, the "Humance Platform"). The terms "Humance", "we", "us", or "our" as used in these Terms refer to Humance Inc. with whom you enter into the agreement.
The Humance Platform is an online marketplace that allows users ("Users") to search for projects from various organizations around the world, research information about them, and transfer funds to projects. Users who post projects are referred to as "Organizations," and Users who search for and support a project are referred to as "Philanthropists". Organizations offer their initiatives, which are referred to on the Humance Platform as "Projects". In order to use the many features of the Humance Platform, it is necessary to register an account with accurate information, and to keep this information up to date. Humance provides the Humance Platform and does not own or operate Projects or Organizations. Humance does not act as an agent for Users. See Section 14 for more information about Humance's role.
Organizations must understand and comply with all laws, rules, regulations and contractual terms with third parties.
Terms for philanthropists
1. Our mission
Our mission is to unite humanity and build an ideal world. Organizations publish unique Projects from around the world on the Humance Platform, and Philanthropists can in turn donate to the Projects. To learn more about the Project, read its description and photos, and explore costs, team and other information that is provided on the Project page. Also, once you make a transfer to a Project, you can track its progress.
2. Searching for and supporting projects in Humance
2.1 Search. On the Humance Platform, you can search for organization projects by criteria such as category, location, name, and thematic group. Use filters to search more precisely. Results are determined based on query and other criteria.
2.2 Support. By supporting the project, you make a transfer in favor of the project and transfer the funds to the Humance account. After collecting the necessary amount for the project, the funds are transferred to the account of the Organization, where they are subsequently distributed in accordance with the costs of the project, which are publicly available on the project page.
3. Your acceptance of risk. You acknowledge that many projects are risky and that the project may not go as originally planned, so project costs may be increased or decreased and funds may be allocated differently. The organization is committed to making every effort to ensure that the project follows the original plan, which is described in the Information and Cost section of the project page.
Terms for organizations
4. Fundraising and project execution in Humance.
4.1 Posting Projects. Humance provides a way for Organizations to raise funds for Organization Projects and interact with the philanthropic community. Creating a Project is easy, for each Project you can specify a list of necessary goods and services, and their cost, which you plan to cover by transfers of philanthropists in favor of your Project on the Humance Platform, information about the Project, the team that is going to implement the Project, documents as well as other data that you can add through the Humance Platform functionality.
4.2 Contractual relationship with Philanthropists. By accepting a transfer to a Project through the Humance Platform, you enter into an agreement directly with Philanthropist and agree to deliver a Project that will meet the specifications described on the Project page, according to the plan and timeline originally set forth. You also agree to pay all fees, which are set forth in the Costs section of the Project page.
4.3 Publication of news about the implementation of the Project. The Organization undertakes to regularly publish news and announcements that relate to the implementation of the Project.
5. Project Management.
5.1 Creating and Managing Projects. The Humance platform provides tools for easy setup and management of Projects. The project must contain complete and accurate information about it, high quality photographs that do not infringe copyright, information about the planned distribution of funds, the persons who plan to participate in the project, the project implementation plan, as well as other information that is necessary to implement the project. It is your responsibility to keep the data and content (e.g. news) on your Project page up to date.
5.2 Knowing Your Legal Obligations. You must understand and comply with all laws, rules, regulations and third-party contracts for the Project. Familiarize yourself with local regulations and find out which ones apply to the Projects you are proposing. You must determine your own obligations depending on the State and the law under which you are operating. If you have questions about the application of local law, seek legal advice.
5.3 Responsibilities. You are responsible for your own actions and omissions, as well as the actions and omissions of persons who participate in the implementation of the Projects with your permission.
5.4 Involvement of Third Parties. If you engage third parties, working as part of a team, the legal entity and all individuals involved in the Project are liable as provided in these Terms for Organizations, as well as liability as provided by law. By accepting the Terms and entering into agreements, you represent and warrant that you have the proper authority and right to impose obligations on your team, non-profit or other organization, and that each legal entity involved has proper legal status under the laws of the place of business. By performing other functions, you represent and warrant that you have the authority to do so. When instructing Humance to transfer funds collected to your Organization or to send a payment to another person, you must be authorized and responsible for the amounts paid and the accuracy of the information you provide to make the payments.
5.5 Your Acceptance of Risk. You acknowledge that the implementation of the Projects involves risk, and you assume all risk in connection with your access to and use of the Humance Platform, the implementation of the Projects or your interaction with Users, both online and in person. You acknowledge that you have had the opportunity to review the Humance Platform, laws, rules, regulations and obligations that may apply to your Projects. You further acknowledge that you do not rely on statements by Humance on legal matters.
6. Cancellation, Problems, and Modification of the Project.
6.1 Cancellations and Challenges. Organizations may not cancel a Project without good cause. Otherwise, we may block the Organization's account on the Humance Platform, as well as prohibit further placement of Projects for the Organization. If a Project is cancelled during the Fundraising phase, Humance reserves the right to reallocate funds to other Projects with similar characteristics to the cancelled Project, or to make refunds to Philanthropists.
6.2 Modification of the characteristics of the Project. Organizations are required to keep the Project features up to date, and to update them in a timely manner by themselves on the Humance Platform or through the Humance Help Desk.
7.1. Taxes on Organizations. The Organization shall determine and perform obligations under applicable law with respect to the collection, remittance or inclusion in Project Costs of amounts of VAT or other indirect taxes, income taxes and other taxes ("Taxes"), and to report thereon.
7.2 Tax Information. In certain jurisdictions, we are required by tax law to collect and/or report information about your Taxes and/or withhold Taxes from payments to you. If you fail to provide us with documentation sufficient to satisfy our obligation to withhold Taxes from payments, we may withhold payment of said amounts to the extent required by law until the necessary documentation is provided. You agree that Humance may invoice or similar documentation on your behalf for VAT, consumer or other Taxes on your Services to ensure accurate tax accounting for you, our Philanthropists and/or our affiliates.
Philanthropists and Organizations have the opportunity to comment on project news, Humance platform news, or training articles for Organizations. Comments must be accurate and must not be discriminatory, offensive, defamatory or otherwise offensive. Humance does not verify comments that may be incorrect or misleading.
Humance may charge fees (and applicable Taxes) to Organizations and Philanthropists for use of the Humance Platform. Service Fees are non-refundable unless otherwise stated on the Humance Platform. Humance reserves the right to change service fees at any time. If you do not agree to a change in fees, you may terminate this agreement at any time in accordance with Section 12.2.
11. Rules of the Humance Platform
11.1 Rules. You must comply with the following rules and agree not to encourage or assist others to violate or circumvent them.
1. Act with integrity and treat others with respect.
- Do not lie, misrepresent facts or impersonate others.
- Be polite and respectful in your communications and interactions with others.
- Comply with Humance's nondiscrimination policy and do not disadvantage or harass others.
2. Do not extract data from the Humance Platform, hack or tamper with its technology, unauthorized access to it, or disrupt its operation.
- Do not use bots, search bots, web scraping software or other automated means to collect data or other content or to access or otherwise act upon the Humance Platform.
- Do not tamper with, avoid, remove, damage, or otherwise attempt to circumvent the security mechanisms or technological means used to secure the Humance Platform or Content.
- Do not decrypt, decompile, or disassemble the software or hardware used to provide the Humance Platform, or tamper with its technology.
- Do not take any action that could impair or adversely affect the performance or proper functioning of the Humance Platform.
3. Use the Humance Platform only in accordance with these Terms or any other agreement with us.
- Personal information of Users may only be used to the extent necessary to carry out transactions using the Humance Platform in accordance with these Terms.
- Do not use the Humance Platform or the Personal Information of Users to send advertising information without the express consent of the recipient.
- Content submitted to the Humance Platform may only be used to the extent necessary to use the Humance Platform as a Philanthropist or Organization.
- Do not use Content unless you have permission from its owner or such use is permitted by us under these Terms or other agreement with us.
- Do not take actions that are intended to manipulate our search algorithm.
- Do not post a project if you are questioning your ability to do so.
- Without our consent, do not use, copy, display, duplicate or reproduce the Humance Platform or Content, Humance branding, or page structure or design.
4. Comply with legal obligations.
- Familiarize yourself with and comply with applicable laws, including privacy, data protection and export laws.
- Familiarize yourself with and abide by our terms, policies and standards.
- Do not use the name, logo, trade dress or trademarks of Humance or others without permission.
- Do not use or register domain names, social media accounts, trade names, trademarks, trade dress, logos or other means of identification that are similar to the Humance brand identity.
- Do not post Projects in violation of laws or agreements applicable to you.
11.2 Report Violations. If, in your opinion, a User, Project or Content poses an immediate risk to person or property, you should immediately contact Humance Support. In addition, notify Humance if you believe the User, Project or Content has violated our standards. If you have contacted local authorities, Humance may request a copy of that contact. Except as required by law, you acknowledge that we have no obligation to take any action in response to appeals.
11.3 Copyright Notices. If you believe that Content on the Humance Platform infringes copyrights, please notify us.
12. Termination and Suspension of Contractual Relationships, Other Measures
12.1 Term. The agreement between you and Humance described in these Terms is effective at the time you access the Humance Platform (for example, to create an account) and is effective until you or we terminate the agreement in accordance with these Terms.
12.2 Termination. You may terminate this agreement at any time by giving us notice by email. Humance may terminate this agreement and delete your account for any reason by giving you 30 days' notice by email or other contact information provided when you registered your account. Humance may also immediately and without notice terminate this Agreement and terminate your access to the Humance Platform if you have violated these Terms, our policies, applicable law or if we reasonably believe that termination is necessary to protect Humance, Users or third parties.
12.3 Violations by Users. If (i) you have violated these Terms, our rules or standards; (ii) you have violated applicable laws, regulations or third party rights; or (iii) Humance believes it is reasonably necessary to protect Humance, Users or third parties; Humance may, with or without prior notice:
- Suspend or restrict your access to or use of the Humance Platform and/or Account;
- suspend or delete Projects, comments or other Content;
- cancel pending or confirmed Projects;
Unless the violations are material or otherwise applicable, as determined by Humance in its sole discretion, you will be sent notice of the actions provided for by Humance, prompting you to remedy the cause of the violation. You may appeal actions taken by us pursuant to this paragraph by contacting customer service.
12.4 Legal Orders. Humance may take any action that it deems reasonably necessary to comply with a law, court decision or order, or directive of a law enforcement, administrative or governmental authority.
12.5 Consequences of Termination. If you are an Organization and cancel your Humance account, previously completed Projects will not be deleted. If you terminate this Agreement, you have no right to have your account or Content restored. If your access to or use of the Humance Platform is restricted, your Humance account is blocked, or this agreement is terminated by us, you may not register a new account, attempt to access or use the Humance Platform through another User's account.
12.6 Validity. Sections of these Terms, which by their nature shall survive termination of this Agreement, including Sections 2-21.
Humance may make changes to these Terms and Conditions at any time. If we make material changes, we will post the revised Terms on the Humance Platform and include the date of the last update at the beginning of the posting. If you disagree with the updated Terms, you may immediately terminate this agreement in accordance with these Terms. By failing to terminate the agreement prior to the effective date of the changes and by continuing to access the Platform or by continuing to use the Humance Platform, you acknowledge your acceptance of the updated Terms.
14. Humance Role.
On our platform, Users have the ability to publish, suggest, search for and support Projects. Despite great efforts to ensure the convenience of Humance Users, we do not always control the actions of Philanthropists and Organizations. You acknowledge that Humance may monitor the use of the Humance Platform and verify information provided by Users. For example, we may review, remove, edit, or discontinue access to Content: (i) to operate, secure, and improve the Humance Platform (including fraud prevention, risk assessment, investigation, and customer support); (ii) to ensure that Users comply with these Terms; (iii) to comply with the requirements of the law, a court decision or order, instructions from law enforcement, administrative or government authorities; (iv) to take action on Content that we consider to be dangerous or objectionable; (v) to take action under these Terms; (vi) to meet and meet quality or compliance criteria, including by removing Projects that do not meet them. Users acknowledge and agree that Humance, in its sole discretion, exercises control over its rules, including decisions on how they apply in a particular situation. Users agree to cooperate with Humance in good faith, to provide information, and to take action as Humance reasonably requests as part of Humance's investigation of the use or violation of the Humance Platform.
15. User Accounts.
In order to use the many features of the Humance Platform, you must register for an account. Registration is only permitted for legal entities, partnerships and individuals over the age of 18. You represent and warrant that you are not a person or entity prohibited from using the Humance Platform under the laws of the United States, your place of residence or other relevant jurisdiction. You must provide accurate, current and complete information at the time of registration, and you must keep your account information current. You may not register multiple accounts or transfer your account to another person. You are responsible for maintaining the confidentiality and security of your account information and may not disclose it to any third party. You are responsible for actions taken through your account and are required to notify Humance immediately if you have reason to believe that your credentials have been lost or stolen, or in the event of unauthorized use of the account. We may, but are not required to, take the following steps under applicable law: (i) ask you for identification or other information; (ii) conduct checks to confirm your identity or your background; (iii) check you against third party databases or other sources and request reports from service providers; (iv) request information from official sources.
16. Disclaimer of Warranties.
We provide the Humance Platform and all Content as is, without warranty of any kind, and disclaim all warranties, express or implied. In particular: (i) we do not represent or warrant the actions, performance, quality, legality, or compliance of the Organizations and their Projects and third parties; (ii) we do not guarantee the performance or continued operation of the Humance Platform; (iii) we do not guarantee that confirmation, identity or background checks on the Projects or Users (if necessary) will reveal past violations or prevent future violations. Any indication that a User or Project is "verified" (or similar wording) means solely that the User or Project has undergone the applicable verification or identity verification process. The disclaimer in these Terms applies to the maximum extent permitted by law. If you have legal rights or warranties that we cannot disclaim, such mandatory rights and warranties will be limited to the maximum extent permitted by law.
17. Limitation of Liability.
Neither Humance (including its affiliates and personnel) nor any other person involved in providing the Humance Platform or Content shall be liable for incidental damages, special case damages, punitive damages, or consequential damages, including loss of profits, loss of data or goodwill, interruption of service, damage to your computer or system, costs of substitute products or services, personal injury, bodily injury or emotional distress arising out of (i) these Terms; (ii) the use or inability to use the Humance Platform or Content; (iii) communicating, exchanging information with persons with whom you interact as part of or as a result of using the Humance Platform; (iv) publishing the Projects or making transfers to the Projects, regardless of whether your claims are based on warranty or contract, tort (including negligence), product liability or other grounds, and regardless of whether Humance has been advised of the possibility of such damages, even if it appears that use of the limited
Except for our obligation to remit payments to Organizations under these Terms, Humance's aggregate liability for any claim or dispute arising from these Terms, your interactions with Users, or your use or inability to use the Humance Platform, Content or Projects may in no event exceed: (A) for Philanthropists: the amount you have remitted as transfers to the Projects through the Humance Platform in the last 12 months prior to the event giving rise to the $100.
The liability and damages limitations set forth above are fundamental aspects of the contractual relationship between you and Humance. If applicable law does not allow limitations of liability under these Terms, the above provisions may not apply to you.
To the maximum extent permitted by law, you agree to indemnify, defend (in Humance's sole discretion), hold harmless and hold Humance (including Humance's parent and subsidiaries, other affiliates and their personnel) harmless from any claims, liability, damages, losses and expenses, including, without limitation, reasonable legal and accounting expenses, arising from: (i) your breach of these Terms (including additional terms and conditions applicable to a product or feature), rules or standards; (ii) your improper use of the Humance Platform; (iii) your interaction with Users; (iv) your or our failure on your behalf to accurately record, collect and remit Taxes; (v) your violation of laws, bylaws or third party intellectual property or privacy rights.
19. Companies with whom you enter into an agreement.
You enter into a contractual relationship with Humance Inc. or another company, depending on what activities you perform on the Humance Platform. The party with whom you enter into a contractual relationship in the use of a product, feature or operation is the entity responsible for that product, feature or operation and listed on the Humance Platform, even if different from that provided in this section. Humance reserves the right to change the company with which the contractual relationship will be entered into by amending this Agreement. By using the Humance Platform in such a case, you are voluntarily entering into a contractual relationship with the relevant company.
20. Dispute Resolution
20.1 Dispute Resolution Process. Humance makes every effort to make the dispute resolution process convenient for consumers. These Terms provide a two-step process for persons to whom Section 20 applies: (1) informal negotiations with Humance customer service; if necessary, (2) binding arbitration by the American Arbitration Association ("AAA"). You and Humance reserve the right to seek arbitration in small claims courts as an alternative to arbitration.
20.2 Mandatory Pre-Arbitration Dispute Resolution and Notice. Both you and Humance agree to notify the other party in writing of the dispute at least 30 days prior to initiating arbitration and to attempt in good faith to resolve the dispute through informal negotiation. Notice of the dispute must be sent to Humance's agent. Humance will send a notice of dispute to the email address associated with your Humance account. The Notice of Dispute must include: the name or names and preferred contact information of the party, a brief description of the dispute, and the subject matter of the claim. Only if the parties are unable to resolve the dispute within 30 days, either party may initiate arbitration by sending a written Request for Arbitration (a sample is available at www.adr.org) to AAA and a copy to the other party in accordance with the AAA Rules (published at www.adr.org).
20.3 Arbitration Agreement. Both you and Humance agree that any dispute, claim or controversy arising out of or relating to these Terms or their applicability, breach, termination, enforceability, performance or interpretation, or in connection with the use of the Humance Platform, Content or the performance of transfers to the Projects ("Disputes") will be resolved in a separate binding arbitration proceeding (the "Arbitration Agreement"). In the event of a dispute over the enforceability or application of this Arbitration Agreement to our Dispute, you and Humance agree to refer the matter to an arbitrator.
20.4 Exceptions to the Arbitration Agreement. You and Humance agree that the following causes of action and/or claims for relief shall be excluded from the Arbitration Agreement and shall be heard by a court of competent jurisdiction (as defined in Section 22) (i) any claims for actual or potential infringement of exclusive rights, misuse or misappropriation of copyrights, trademarks, trade secrets, patents or other intellectual property of the other party; (ii) claims or causes of action for urgent interim relief due to exigent circumstances (such as imminent threat, crime, hacking or cyberattack); (iii) claims for injunctive relief against the public x You and Humance agree that the remedy of injunctive relief against public x activities will become effective after arbitration of all relevant claims, remedies, or causes of action and will be stayed until the arbitration tribunal renders a decision pursuant to Section 3 of the Federal Arbitration Act.
21. Other Terms and Conditions.
21.1 Interpretation of these Terms. These Terms (including clauses incorporated by reference) constitute the entire agreement between Humance and you with respect to your use of and access to the Humance Platform, superseding and replacing all prior oral and written agreements and understandings, except to the extent the Terms are supplemented by additional terms, conditions, rules, regulations, standards or published product information. These Terms are not intended to confer rights or remedies on any person other than you and Humance, and may not be construed as such. If any provision of these Terms and Conditions is held invalid or unenforceable, except as provided herein, that provision will be deemed deleted and the remaining provisions will remain in effect. In the context of these Terms and Conditions, the word "shall" has the meaning of "shall".
21.2 No Waiver. Humance's waiver of any right or provision of these Terms shall not imply a waiver of that right or provision in the future, unless we agree otherwise in writing. Except as expressly provided in these Terms and Conditions, the exercise by either party of the remedies available to it under these Terms and Conditions will not limit the other remedies available to it under these Terms and Conditions or permitted by law.
21.3 Assignment of Rights and Obligations. You may not assign, transfer or delegate this Agreement or your rights or obligations hereunder without Humance's prior written consent. Humance may assign, transfer or delegate this agreement and its rights and obligations hereunder without restriction and in its sole discretion by giving you 30 days' notice.
21.4 Notice. Unless otherwise specified, all notices and other communications to Users required or permitted under this agreement shall be in electronic form and sent by Humance via email, posting on the Humance Platform, messaging (including SMS, WhatsApp, Viber and Telegram) or using an agreed-upon communication method.
21.5 Third Party Services. The Humance Platform may contain links to third party websites, applications, services or resources ("Third Party Services") that are subject to other privacy terms and conditions. Humance is not responsible for matters related to Third Party Services and, by referring to them, makes no warranty with respect thereto.
21.6. Google Terms. Some translations on the Humance Platform are created by Google. Google disclaims all express and implied warranties regarding translations, including as to accuracy and correctness, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
21.7. Content on the Humance Platform. Content available on the Humance Platform may be protected by copyright, trademark and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights in the Content belong exclusively to Humance and/or its licensors, and you agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary information. You may not copy, adapt, modify, distribute, sell, assign, publicly display, publicly perform, broadcast, transmit or otherwise use the Humance Platform and the Content available on it, or create or license derivative works therefrom, except as expressly permitted by these Terms or if you are the rightful owner of the Content. Subject to your compliance with these Terms, Humance grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the application on your personal devices; (ii) access and view the Content provided on or through the Humance Platform solely for your personal and non-commercial use.
21.8 Force Majeure. Humance shall not be liable for delays or defaults due to causes beyond its reasonable control, including but not limited to natural disasters, natural calamities, war, terrorism, riots, embargoes, civil or military authorities, fires, floods, accidents, pandemics, epidemics, disease, strikes, shortages of vehicles, fuel, energy, labor or materials.
21.9. Emails and SMS. We will send you official emails using the email address or other contact information provided in your Humance account. Signing up for additional emails will not affect the frequency of these emails, although it does involve sending additional emails as part of the programs to which you have signed up. You may also receive promotional emails from us. There is no charge for them, but third-party companies may apply data rates. You can opt-in or opt-out of promotional emails using the notification settings in your account settings. Please note that you may not be able to take advantage of certain promotional offers if you disable certain settings or if you do not have a Humance account.
21.10. Contact Information. If you have any questions about these Terms and Conditions, please contact us at [email protected].