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Effective Date: November 16, 2020

THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.

Welcome to Mastercard Donate mobile app. This Mastercard Donate mobile application (the “App”) is a program (“Program”) offered by Mastercard International Incorporated (“Mastercard”) and was developed by ChangeUp, Inc. (“ChangeUp”). The App brings consumers a convenient way to donate to specific charities and give back to the community. The App provides you with the ability to donate to selected charities and causes identified on this App. Please read these terms of use carefully before registering on the App or using the App, and keep them for your records. By accessing this App, you agree to these terms and conditions and any additional terms and conditions that may be published by Mastercard on the App, as may be amended from time to time (collectively, referred to as the “Terms of Use”). This Terms of Use sets forth the terms applicable to your use of the App. BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE. IF YOU HAVE ANY QUESTIONS REGARDING THE TERMS OF USE, YOU SHOULD CONSULT WITH A LAWYER BEFORE USING THIS APP.

If you do not agree to the Terms of Use, do not access the App or use the App. In these Terms of Use, the words “you” and “your” mean the person who has accessed the App and/or has registered for participation in the Program. In these Terms of Use for this App only, the words “we,” “us” and “our” mean collectively Mastercard and ChangeUp. In some instances, both these Terms of Use and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the App or to a App or product offered via the App (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Additionally, certain features and services made available through the App from time to time may be governed by different terms of use. By using the App, you acknowledge and accept the App’s Privacy Policy and consent to the collection and use of your data in accordance with our Privacy Policy.

Table of Contents

  1. The App
  2. Accounts, Security and Passwords
  3. Right to Use App Content
  4. Changes to the App and Terms of Use
  5. Termination
  6. Donations to Charities
  7. Intellectual Property Rights
  8. Communications
  9. Copyright Complaints
  10. Submissions or Feedback
  11. Third Party Content and Links to Other Web Sites
  12. Privacy Notice
  13. Indemnification
  14. Disclaimer of Warranties
  15. Disclaimer of Damages and Limitation of Liability
  16. Inapplicability of Terms of Use to any Mastercard Payment Card Cardholder Agreement
  17. App Operator
  18. Dispute Resolution
  19. Miscellaneous
  20. Terms Applicable For Apple Device Users
  21. App Updates
  22. Use of App
  23. Mobile Service, Internet and Service Fees

1. The App

The App provides credit cardholders, including Mastercard cardholders, the opportunity to donate to specified charities using certain displayed debit, credit or prepaid card account (excluding Mastercard Maestro and Fuel Cards).

By consenting to the Terms of Use, you agree that: (i) you represent only yourself here and no other person; (ii) you will provide accurate, current and complete information to Mastercard, including, but not limited to, information required to register for the Program; (iii) you will not use the App to reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit for any commercial purpose the software, content, offers, experiences, products, or services provided by Mastercard or obtained through the App without obtaining the express, prior written consent of Mastercard. You agree that you are at least eighteen (18) years of age and you have a valid credit, debit or prepaid card account that is displayed for use on the App (excluding Mastercard Maestro and Fuel Cards). This restriction includes any attempt to incorporate any information from the App into any other directory, product, or service; (iv) you will provide for your own access to use the App, including, but not limited to, obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges; (v) you will not use the App in any manner that adversely affects the availability of its resources to, or enjoyment by, other users or in any manner that could damage, disable, overburden, or impair Mastercard’s or its service providers’ servers or networks; (vi) you will not use the App for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful or otherwise prohibited by the Terms of Use; (vii) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (viii) you will not collect or store personal data about other users; (ix) you will not use the App for any commercial purpose not expressly approved by Mastercard in writing; (x) you will not upload, post, email, or otherwise transmit any advertising or promotional materials, including, without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication; and (xi) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment. Your access to the App may be terminated immediately in Mastercard’s sole discretion, with or without notice, if you fail to comply with any provisions of this Terms of Use and/or additional terms, or for any other reason, or no reason.

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. You agree that you do not have any rights in this App and Mastercard will have no liability to you if this App is discontinued or your ability to access the App is terminated.

You are entirely responsible for maintaining the security and confidentiality of your account, user name and password, and you are responsible for all activities and conduct by you or anyone else that are conducted through your account. You agree to notify Mastercard immediately of any unauthorized use of your account or any other breach of security. Mastercard or its service providers or agents will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge; however, you may be held liable for any losses incurred by Mastercard or another party due to someone else using your account or password.

2. Accounts, Security and Passwords

Certain areas of the App may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the App.

If the App requires you to sign-up for an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Mastercard immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the App. Mastercard is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

You agree that Mastercard may collect and use technical and usage data and related information, including, but not limited to, technical information about your device, date and time of App access, system and App software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other Apps to you (if any) related to the App. You grant Mastercard the permission to use this information to improve its products or to provide sites, apps or technologies to you, as well as to provide advertising content in which Mastercard believes you may be interested, including working with third parties who provide targeted advertising content.

3. Right to Use App Content

We are granting you a limited, non-exclusive, revocable right and license for you to view, share, print or download any Content, as defined below, from the App for your own personal use. You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare or create derivative works or other non-personal use any Content on the App. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. You may not access or use the App in any way that could or is intended to damage or impair the App, or any server or network underlying the App, or interfere with anyone else’s use and enjoyment of the App. You are also granted a limited, revocable, non-sublicensable, non-transferable, and non-exclusive right and license to create a hyperlink to the App or any Content therein so long as the link does not portray Mastercard, or its products or services in a false, misleading, derogatory, or otherwise offensive manner or imply a sponsorship or endorsement of your App, page or content by Mastercard.

You may not use automated systems (e.g., robots, spiders, etc.) to access the App. You agree not to collect personally identifiable information of other users of the App or to sell or otherwise exploit that information. Except for the limited rights expressly granted herein, all right, title and interest in and to the App and all Content contained therein are reserved and owned by Mastercard.

MASTERCARD RETAINS THE RIGHT TO DENY ACCESS TO THIS APP TO ANYONE WITHOUT NOTICE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR VIOLATION OF ANY OF THESE TERMS OF USE, INCLUDING ANY USE RIGHTS.

4. Changes to the App and Terms of Use

Mastercard reserves the right to change or modify Content, materials or information appearing on or in connection with this App, including, without limitation, these Terms of Use, or discontinue the Program at any time without notice to you. Mastercard may at any time revise these Terms of Use by updating this posting, or by providing further information during the registration or by messaging you. You are responsible for regularly reviewing the Terms of Use. Any changes or revisions are effective immediately upon posting. Continued use of the Program or accessing the App following any such changes constitutes your acceptance of such changes.

5. Termination

Mastercard may terminate your registration or restrict your access to the App for any reason at any time.

6. Donations to Charities

Overview

The Program allows eligible participants to make a donation using displayed payment methods (excluding Mastercard Maestro and Fuel Cards) to a specified charitable organization using the App in one (1) or more of the following ways:

  1. Round-up donations to selected charities named; or
  2. “One Time” donations to selected charities named on the App.

Mastercard reserves the right to only accept Mastercard cards on the App. In some instances on the App, donations made through the App will be sent directly to the end charities and the charity will be the merchant of record. In other cases, the donation will first be sent using a third party service provider that operates a donor advised fund (e.g., Benevity) and the donor advised fund (e.g., American Online Giving Foundation (AOGF)) will make best efforts to make a corresponding grant to the charity you select (referred to herein as the “Donor Advised Fund”). In such instance, the Donor Advised Fund will appear as the merchant of record on your card charged and it will take between fifteen (15) and forty-five (45) days for the charity to receive your donation from the date of your original donation.Additionally, the Donor Advised Fund charges charities an administration fee (“Admin Fee”) for its services and will deduct 2.9% from your total donation amount before remitting your donation to the charity you selected. Your donation if first sent to a Donor Advised Fund, will be made with a recommendation that the Donor Advised Fund make a corresponding grant to the charity you selected. You acknowledge that as required by applicable law, such Donor Advised Fund will have exclusive control over any donation that it receives and you further acknowledge that such Donor Advised Fund may deduct the Admin Fee from your donation before remitting the donation to the charity you selected. You understand that the donor only advises the Donor Advised Fund where the money should go. While not common, the Donor Advised Fund in its discretion may direct donations to a charity other that the one selected by the donor. If the Donor Advised Fund cannot distribute the donated funds to the charity you select, the Donor Advised Fund will reassign the funds to Mastercard’s default charity selected for the platform. Donations are non-refundable.

Through the App, you can request for a copy of your giving report. For circumstances where we use a Donor Advised Fund to transfer your donations to end charities, we will send a request to the Donor Advised Fund (such as through Donor Advised Fund’s API) and the Donor Advised Fund may provide you with a giving report by email or other means. In the event that we send your donations to end charities directly, we will provide you a giving report by email or any other means deemed appropriate by us. Your giving report will identify the end recipients of your donations.

Donation Types

Round-up donations

You may register on the App to designate for round-up donations using one of the displayed credit, prepaid or debit cards, where you can designate for accumulation round-up donations for a specified charitable organization whenever you make a transaction using your registered debit, prepaid or credit account (excluding Mastercard Maestro and Fuel Cards). When you register to make round-up donation, we will record an intention to donate an amount equal to the difference between your actual purchase amount and the next nearest dollar (e.g., if your purchase charge is $1.99, we will a donate an amount equal to the difference between $2.00 and $1.99 (i.e., $.01)) for each card account transaction made using your registered debit, prepaid or credit card account to the charitable organization(s) you have selected on the App. This means that each time you perform a transaction with your registered card account, an amount corresponding to the difference between your actual purchase and the next nearest dollar will be recorded by Mastercard. Once a month, Mastercard will calculate the total amount of round-up donations recorded against your card and, if the total amount of round-up donations reaches or exceeds $1.00, Mastercard will process a transaction to your card for the relevant amount of the accumulated round-up donations, and reset the total amount of round-up donations recorded against your card to zero.

If, during a month, the total amount of round-up donations accumulated is less than $1.00, those donations will continue to accumulate and will be included in Mastercard's calculation of round-up donations accumulated for the following month. After the month is over, your designated charity, or the Donor Advised Fund (in such event they will make best efforts to remit the donation to your designated charity) will charge your selected payment account if your round-ups accumulate to at least $1. Your full donation (less any applicable Admin Fee and standard card processing fees) will be paid directly to the designated charity or through a Donor Advised Fund who will make best efforts to distribute your donation to the charity you select. You authorize Mastercard to monitor activity on your card and consent to the Donor Advised Fund or your designated charity processing donations using your registered card. Certain transactions may not count towards your round-up donation.

One Time donations

You may also select to make a one-time donation to a specified charitable organization using the App (with a minimum one time donation amount of $1.00). Your full donation (less any applicable Admin Fee and standard card processing fees) will be paid directly to the designated charity or through the Donor Advised Fund who will make best efforts to distribute your donation to the charity you selected.

Recurring donations

From time to time Mastercard may now or in the future also enable you to make recurring donations (e.g., weekly, monthly or quarterly) for a specified charitable organization using your registered debit, prepaid or credit account (excluding Mastercard Maestro and Fuel Cards). If we make this functionality available and when you register to make a recurring donation, we will record an intention to donate a pre-defined amount of money selected by you using your registered debit, prepaid or credit card account to the charitable organization(s) you have selected on the App. You will be able to choose the specific amount of the recurring donation (with a minimum recurring donation amount of $1.00). Based on the specific period you select (e.g., weekly, monthly or quarterly), Mastercard will enable a transaction to be processed where the charitable organization you have selected or the Donor Advised Fund will be the merchant of record using your card account for the relevant amount of the donation in respect of such charitable organization. Your full donation (less any applicable Admin Fee and standard card processing fees) will be paid directly to the designated charity or through the Donor Advised Fund who will make best efforts to distribute your donation to the charity you selected.

From time to time, Mastercard may now or in the future also enable micro donations on the App, where you can designate for accumulation micro donations for a specified charitable organization whenever you make a transaction using your registered debit, prepaid or credit account (excluding Mastercard Maestro and Fuel Cards). When you register to make micro donations, we will record an intention to donate a pre-defined amount for each card account transaction made using your registered debit, prepaid or credit card account to the charitable organization(s) you have selected on the App or the Donor Advised Fund (if applicable). You will be able to choose the amount of the micro donation which is recorded for each transaction when you register on the App, with a minimum micro donation of $1.00 USD per transaction. This means that each time you perform a transaction with your registered card account, an amount corresponding to the micro donation amount you have selected will be recorded by Mastercard. In the event Mastercard enables this functionality, once a month, Mastercard will calculate the total amount of micro donations recorded against your designated card account and the Program will enable a transaction to be processed where the charitable organization you have selected or the Donor Advised Fund will be the merchant of record using your card account for the relevant amount of the accumulated micro donations in respect of such charitable organization (up to any applicable maximum donation set for that donation type, if any). Your full donation (less any applicable Admin Fee and standard card processing fees) will be paid directly to the designated charity or through the Donor Advised Fund, who will make best efforts to distribute your donation to the charity you selected.

Authority

By selecting to make a donation through the App, you authorize a charge to be processed with the designated charitable organization, or through a Donor Advised Fund, as the merchant of record for the amount of your designated donation using your designated credit, prepaid or debit card.

Cancellations and changes of donations

To stop round-up donations, visit your “Account Settings,” click on “Round-Ups,” and toggle to Off. You may change or cancel a previously pledged donation made on the App which has not yet been processed by Mastercard by logging into the App and amending the details for that donation. One off donations are processed immediately and, as such cannot be changed or cancelled once made. Changes and cancellations to round-up or recurring donations can be made at any time during that month as long as the donation has not been processed. To the maximum extent permitted by law, you agree that, once a transaction has been processed to your Mastercard card account in respect of a donation, that donation cannot be changed or reversed by Mastercard, except to the extent Mastercard is required to change or reverse the relevant transaction by applicable law. If you have any concerns regarding donations which have already been processed,

Rejected donations

At any time, Mastercard may at, its sole discretion, decide to remove a charitable organization from the Program. In such case, we will cease processing any donations in relation to that organization and will make commercially reasonable efforts to notify you via email of this removal if you elected to donate to such charitable organization.

At any time, if Mastercard suspects fraud or any other potentially illegal activity in relation to a donation or charitable organization, Mastercard may, at its sole discretion, cease to process donations relating to that activity. In such case, we will cease processing any donations in relation to that activity and will make commercially reasonable efforts to notify you via email of this if you elected to donate to such charitable organization.

Verification of Charities

Mastercard and the Donor Advised Fund uses data from three (3) different data sources to verify the good standing of all beneficiary organizations listed on the App. Those sources are:

  1. IRS Exempt Organizations Business Master File Extract (EO BMF): a list of organizations recognized as exempt by the IRS
  2. IRS Publication 78: Exempt Organizations Select Check Database
  3. Office of Foreign Assets Control (OFAC), in compliance with the USA PATRIOT Act.

Although Mastercard and the Donor Advised Fund makes a good faith effort to verify each organization listed on the App is eligible to receive tax-deductible contributions, we do not guarantee, whether explicit or implied, the exempt status of any organization listed on the App to federal income tax or their eligibility to receive tax-deductible contributions. The verification of any charitable organization’s eligibility to receive tax-deductible contributions and the determination of the extent to which your contribution(s) is deductible is fully the responsibility of you, the donor. We highly advise that you, as a donor, consult an attorney, accountant, and/or financial advisor before making any donation. Any donation made on the App is done so at your own risk.

We are not responsible for understanding or verifying how your money will be used by the charity. You are fully responsible for understanding such information prior to making a donation. We are not obligated to verify the accuracy of any information provided or posted by the charity, and we assume no responsibility to verify if your donation will be used in accordance with any fundraising purpose, or if any funds raised are used in accordance with any applicable laws.

MASTERCARD IS OFFERING THE APP AS A SERVICE AND NOT AS A FUNDRAISER.

Mastercard does not act as a professional fundraiser on behalf of any charity. All donations made by, on or through the App are made directly to the charitable organization you select on the App and the charity you select is the merchant of record for the transaction.Mastercard is providing the App solely as a service to technologically enable the donation to be made by you directly to the applicable charitable organization.

7. Intellectual Property Rights

The Content is protected by applicable intellectual property laws and all Content is owned by Mastercard or used by Mastercard under a license or with permission. All text, formatting (including, without limitation, the selection, coordination and arrangement of materials on the App, and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on this App are subject to the intellectual property rights of Mastercard, its subsidiaries and affiliates, and their respective licensors and licensees (collectively, “Content”). Except to the extent permitted by law, these materials may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web Apps, framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by you. Nothing contained on the App shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any Mastercard trademark, intellectual property right or copyrighted material without Mastercard’s prior written permission. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed on the App are Trademarks of Mastercard and its third party alliance partners. Nothing contained on the App should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the App without the written permission of Mastercard or such third party that may own the Trademark.

Any unauthorized commercial use of these materials will violate Mastercard’s intellectual property rights and will be subject to Mastercard’s full legal rights and remedies.

8. Communications

You acknowledge and agree that Mastercard will send you information and communications in connection with your participation in the Program. Such communications may be sent to your registered email address or to any other contact details you have provided to Mastercard in connection with the Program.

9. Copyright Complaints

In operating the App, Mastercard may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that Mastercard does not own or control may be transmitted, stored, accessed or otherwise made available using the App. Mastercard has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the App and has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Mastercard or of a third party, or that has otherwise violated any intellectual property laws or regulations, or these Terms of Use. If you believe any material available through the App infringes a copyright, you should notify Mastercard using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). Mastercard will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. You should address infringement notices under the DMCA to: Copyright Agent, Mastercard, 2000 Purchase Street, Purchase, NY 10577, Attn: Law Department or to copyrightagent@mastercard.com.

Please provide the following notice:

  1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
  2. Identify the material on the App that you claim is infringing, with enough detail so that Mastercard may locate it on the App;
  3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  5. Your address, telephone number, and email address; and
  6. Your physical or electronic signature.

Mastercard may give notice to its users of any infringement notice by means of a general notice on any of its websites or apps, electronic mail to a user’s e-mail address in its records, or by written communication sent by first-class mail to a user’s physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Without limiting Mastercard’s other rights, Mastercard may, in appropriate circumstances, terminate a repeat infringer’s access to the App and any other website owned or operated by Mastercard.

10. Submissions or Feedback

From time to time, we may ask you for your feedback on the App and products and/or services. Any communication or material you transmit or post will be: (a) treated as non-confidential and non-proprietary by Mastercard, (b) become the property of Mastercard and Mastercard shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Mastercard licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on this App or otherwise and Mastercard shall be under no obligation to respond to any such communication. Notwithstanding the foregoing, Mastercard maintains a policy of not accepting or considering any creative ideas, suggestions or materials from the public regarding its products and services (“Submissions”), and therefore, you should not make any Submissions to Mastercard in any communications through this App or otherwise. Nonetheless, if you do send us a Submission, despite this request not to do so, then such Submission shall immediately become the property of Mastercard, you hereby assign such Submission to Mastercard and Mastercard shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Mastercard shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing and marketing products and services. Mastercard shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Mastercard products and services. If you submit a Submission on the App, you also irrevocably grant Mastercard the right to use your name, username, Twitter handle, profile picture, voice, likeness and biographical material in connection with any and all Mastercard advertising and promotional campaigns, including, without limitation, on the App or in connection with Mastercard products and marketing materials. You acknowledge and agree that no confidential relationship or obligation of secrecy or confidentiality is established between you and Mastercard regarding the Submission, despite any statement or legend to the contrary on the User Submission and any related materials.

Each time you submit any Submission, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any Submission you submit, and that, as to that Submission: (a) you are the sole author and owner of the intellectual property and other rights to the Submission, or you have a lawful right to submit the Submission and grant Mastercard the rights to it that you are granting by this Terms of Use, all without any Mastercard obligation to obtain consent of any third party and without creating any obligation or liability of Mastercard; (b) the Submission is accurate; (c) the Submission does not and, as to Mastercard’s permitted uses and exploitation set forth in these Terms of Use, will not infringe any intellectual property or other right of any third party; and (d) the Submission will not violate this Terms of Use, or cause injury or harm to any person.

11. Third Party Content and Links to Other Web Sites

The App may contain third party content and links to other web sites that are completely independent of this App. Third-party content and links are included solely for the convenience of users and do not constitute any approval, endorsement or warranty by Mastercard. Moreover, Mastercard is not responsible for the accuracy, completeness, or reliability of third-party information, or the products or services offered or sold through any linked webs site and you assume sole responsibility for the use of third-party information. Any agreements, transactions, or other arrangements made between you and such third party are made solely at your own risk. When you click on a third-party link, you will leave the App. Any personal information you submit on the resulting site will not be collected or controlled by Mastercard but will be subject to the privacy notice or terms of use of the resulting site. Please review the privacy policy and terms of use of the resulting site for more information on its privacy practices.

Mastercard is not responsible for examining or evaluating, and we do not warrant the offerings of any third party content.

12. Privacy Notice

Mastercard recognizes the importance of respecting the privacy of those who visit and choose to take advantage of the programs and information offered on the App. Click to view our privacy policy related to your use of this App: Donation Platform Privacy Notice

13. Indemnification

You agree to indemnify, defend and hold Mastercard, ChangeUp, the Donor Advised Fund and their respective business partners, including charities, and their respective officers, directors, employees and affiliates harmless from and against any and all liabilities, losses, claims, costs, damages and investigations, judgments, fines, penalties, settlements, interest and expenses, including, without limitation, reasonable attorneys’ fees and expenses, related to or arising from: (i) your breach or alleged breach of these Terms of Use; (ii) any claims, costs, injuries, losses and damages related to any unauthorized use of the Content; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the App or you activities in connection with the App; (iv) your use, and misuse of the App and your activities in connection with the App; (v) your violation or infringement of copyright or other intellectual property or other rights of third parties contained in your Submissions and/or any other violation of law or breach of contract obligations relating to the Submissions; (vi) any misrepresentation made by you; and (vii) Mastercard’s use of the information that you submit to us (including your Submissions). YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN MASTERCARD’S DEFENSE OF ANY CLAIM. MASTERCARD RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF MASTERCARD.

14. Disclaimer of Warranties

While Mastercard will use reasonable efforts to ensure that all material on this App is correct; however, completeness, accuracy, timeliness, or adequacy cannot be guaranteed and Mastercard does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this App. Reference to any product, charity organization or process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Mastercard.

The Internet may be subject to breaches of security. Mastercard is not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing Mastercard any information or posting information to the App. Mastercard makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the App. The App may be temporarily unavailable due to maintenance or malfunction of computer equipment.

THE APP, AND ALL CONTENT CONTAINED THEREIN, AND SERVICES PROVIDED BY, ON OR THROUGH THE APP, ARE PROVIDED TO YOU “AS IS,” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OR CONDITION OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE/NON-INFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR GENERAL USE OR FOR A PARTICULAR PURPOSE. NO INFORMATION OR SERVICE OBTAINED BY YOU THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, MASTERCARD DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE APP. THAT THE APP WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS APP IS AT YOUR OWN RISK, ANY CONTENT OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS APP IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE APP, INCLUDING, WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS MASTERCARD’S LIABILITY FOR ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR MASTERCARD TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.

15. Disclaimer of Damages and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL MASTERCARD, ITS BUSINESS PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES WHATSOEVER, PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE APP OR ITS CONTENT, EVEN IF MASTERCARD OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL MASTERCARD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR USD $10 (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE APP. NOTHING IN THESE TERMS EXCLUDES OR LIMITS MASTERCARD’S LIABILITY: (I) FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, (II) FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR (III) FOR ANY MATTER WHICH IT WOULD BE ILLEGAL FOR MASTERCARD TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.

Without limiting the foregoing, we are not responsible for any card account fees or penalties that you incur on your Mastercard card account as a result of your use of the App or participation in the Program.

Mastercard does not represent, warrant or guarantee that any or all donations made via the Platform will be deductible or tax-free for income or other tax purposes, or that your chosen charitable organization has or will continue to have charitable or non-profit status, or complies with legal requirements applicable to charitable organizations in any jurisdiction.

Any tax liability resulting from your participation in the Program shall be your sole responsibility, and not our responsibility or the responsibility of the App, Mastercard or the financial institution that issued your Mastercard card. You acknowledge and agree that it is your sole responsibility to determine the taxation consequences, if any, of making a donation, and if you require a tax receipt or tax certificate in connection with a donation made through the App it is your sole responsibility to request this from the relevant charitable organization to which you are donating. Mastercard will not provide you with a separate tax receipt as part of the donation process.

16. Inapplicability of Terms of Use to any Mastercard Payment Card Cardholder Agreement

Mastercard is a leading payment services organization. Mastercard is not a financial institution and does not issue credit, debit, prepaid or payment cards of any type of nature. Your Mastercard-branded payment card relationship is with an issuing bank or financial institution. Any and all questions or issues regarding your Mastercard-branded payment card or cardholder account should be directed to the bank or financial institution that issued your card, and not to Mastercard. While Mastercard has a relationship with your issuing bank or financial institution, that relationship does not pertain to individual cardholders or payment card accounts.

17. App Operator

This App is operated by Mastercard.

18. Dispute Resolution

Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Mastercard agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.

A. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the App, the Content, your Submissions, these Terms of Use, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Mastercard’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section (D) below), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such contact information exists or if such information is not current, then we have no obligation under this Section (A). Your notice to us must be sent to: Mastercard, 2000 Purchase Street, Purchase, NY 10577 (Attn: Legal Department). For a period of sixty (60) days from the date of receipt of notice from the other party, Mastercard and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Mastercard to resolve the Dispute or Excluded Dispute on terms with respect to which you and Mastercard, in each of our sole discretion, are not comfortable.

B. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section (A) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND MASTERCARD MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, APPLICATION, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE APP (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT - INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FRAUD, ANY OTHER INTENTIONAL TORT OR COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY - AND WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS OF USE. The Federal Arbitration Act (“FAA”) shall govern the arbitrability of all disputes between Mastercard and you regarding these Terms of Use and the App, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Mastercard and you agree, however, that New York or federal law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Mastercard regarding these Terms of Use and the App, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to New York’s choice of law principles.

A Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”), except as modified herein, and in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitration will be administered by the AAA. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Mastercard to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Mastercard will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply and be bound by these Terms of Use, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. Issues relating to the enforceability of the arbitration and class action waiver provisions contained herein are for the court to decide. This arbitration provision shall survive termination of these Terms of Use or the App. You can obtain AAA procedures, rules, and fee information as follows: 800.778.7879 and http://www.adr.org.

C. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION (A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED. Commencing means, as applicable (a) by delivery of written notice as set forth above in Section (A); (b) filing for arbitration with the AAA as set forth in Section (B); or (c) filing an action in state or Federal court. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes.

D. Injunctive Relief. The foregoing provisions of this Section will not apply to any legal action taken by Mastercard to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the App, any Content, your Submissions and/or Mastercard’s intellectual property rights (including such Mastercard may claim that may be in dispute), Mastercard’s operations, and/or Mastercard’s products or services.

E. No Class Action Matters. YOU AND MASTERCARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section (B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section (G). Notwithstanding any other provision of this Section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

F. Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.

G. Federal and State Courts in Westchester County, New York. Except where arbitration is required as above, small claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Westchester County, New York. Accordingly, you and Mastercard consent to the exclusive personal jurisdiction and venue of such courts for such matters.

19. Miscellaneous

These Terms of Use including any non-contractual obligations or liabilities arising out of or in connection with them, shall be construed, interpreted and performed exclusively according to the laws of New York without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms of Use.

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE APP, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBAPP, APPLICATION, CONTENT, USER-GENERATED CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY MASTERCARD (INCLUDING YOUR LICENSED SUBMISSIONS) OR A LICENSOR OF MASTERCARD.

Content and software from the App may be subject to U.S. export jurisdiction and the import jurisdiction of other countries. In connection with your use of this App, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, including, but not limited to, those of the U.S. Department of Commerce, Export Administration Regulations, 15 CFR Parts 730-774, the International Traffic in Arms Regulations, country-specific economic sanctions programs implemented by the Office of Foreign Assets Control and export and import control laws and regulations of any other countries. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this App, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this App has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.

Mastercard reserves the right, without any limitation, to: (i) investigate any suspected breaches of its App security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms of Use and any additional terms, (iii) investigate any information obtained by Mastercard in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms of Use, and (vi) discontinue the App, in whole or in part, or, except as may be expressly set forth in any additional terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Mastercard under these Terms of Use. Upon suspension or termination of your access to the App, or upon notice from Mastercard, all rights granted to you under these Terms of Use will cease immediately, and you agree that you will immediately discontinue use of the App. The provisions of these Terms of Use, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Mastercard in these Terms of Use, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and no class action.

These Terms of Use may not be assigned by you. Mastercard may assign its rights and obligations set forth in these Terms of Use at any time. Should any part or provision of these Terms of Use be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Except as provided herein, these Terms of Use constitute the entire agreement between you and Mastercard pertaining to their subject matter. Certain provisions of these Terms of Use may be superseded or added to by designated legal notices or terms located on particular pages, applications, tools or other materials that you may access within this App. Mastercard’s failure to enforce any provision of these Terms of Use or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision. These Terms of Use and any related documents may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and Mastercard.

20. Terms Applicable For Apple Device Users.

If you are accessing or using the App through a device manufactured and/or sold by Apple, Inc. (“Apple”, with such a device herein referenced as an “Apple Device”):

  1. To the extent that you are accessing the App through an Apple Device, you acknowledge that these Terms of Use are entered into between you and Mastercard and, that Apple is not a party to these Terms other than as third-party beneficiary as contemplated below.
  2. The license granted to you in Section 3 of these Terms of Use is subject to the permitted Usage Rules set forth in the Apple App Store Terms and Conditions (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the App.
  3. You acknowledge that Mastercard, and not Apple, is responsible for providing the App and Content thereof.
  4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the App.
  5. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
  6. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Use, you acknowledge that, solely as between Apple and Mastercard, Mastercard and not Apple is responsible for addressing any claims you may have relating to the App, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  7. Further, you agree that if the App, or your possession and use of the App, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
  8. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
  9. When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the App.
  10. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

21. App Updates

Mastercard may make available for download certain App updates, maintenance corrections or upgrades to the App to update, enhance or further develop the App (“Application Updates”). The license granted herein allows you to download and use the Application Updates to update the App on any device that you own or control. These Terms of Use do not allow you to update devices that you do not own or control, and you may not make the Application Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Application Updates, unless such copy is authorized in writing by Mastercard.

Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the App, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, Application Updates, or any part thereof. Any attempt to do so is a violation of the rights of Mastercard and its licensors of the App and Application Updates. If you breach this restriction, you may be subject to prosecution and damages. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The App and Application Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.

Mastercard may, at its discretion, automatically download Application Updates to your device. You agree to accept these Application Updates, and to pay for any costs associated with receiving them, if any. The Application and Application Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Application and Application Updates. These laws include restrictions on destinations, end users and end use.

22. Use of the App

The following requirements apply to your use of the App:

  • You will not use any electronic communication feature of the App for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
  • You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
  • You will not collect or store personal data about other users.
  • You will not use the App for any commercial purpose not expressly approved by Company in writing.
  • You will not upload, post, email, or otherwise transmit any advertising or promotional materials, including, without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
  • You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

23. Mobile Service, Internet and Service Fees

The use of the App requires use of a mobile device and/or wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including, without limitation, all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the App, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application Updates, from Mastercard, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App, including, but not limited to, payment of all third party fees associated therewith, including fees for information sent to or through the App.

The App may not work with all devices or all mobile carriers. Mastercard makes no representations that the App will be compatible with or provided by all mobile carriers. In the event that fees are charged for the App, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.


Charities on this platform have been recognized by the IRS as a 501(c)(3) charitable organization. Your donation (less any applicable administrative fees and standard card processing fees) will be paid directly to the charity you select or through a donor advised fund, American Online Giving Foundation (“AOGF”). For donations made through AOGF, a 2.9% administration fee will be deducted from donations and AGOF will make best efforts to make a corresponding grant to the charity you select. Mastercard is not serving as a professional fundraiser on behalf of any charity and Mastercard does not charge charities to be listed on this platform. Mastercard is serving as the donation platform provider solely to help facilitate the donation.