Terms of Use

MyChange is an app that automatically rounds up the spare change from a user’s credit or debit card transactions to donate to the user’s designated, nonprofit (tax-exempt) organizations, political committees, and candidates.

These Terms of Use (this “Agreement”) are made between you (“user”), and FYP, LLC, a New Mexico limited liability company (“Company”), and govern the terms and conditions of your access to and use of our website (mychange.com, “Site”), mobile apps (“Application”), and related services (collectively, the “Services”). By checking and submitting the “Accept” box for this Agreement and/or using any of the Services, you confirm your acceptance of, and agree to be bound by, this Agreement.

Services

By registering for an account and using the Site and/or Application, you can use our platform to direct MyChange to make donations to tax-exempt organizations, political committees, or candidates on your behalf. Our Services allow you to create an account that will round up payments for goods or services using a credit or debit card at your direction in accordance with the transaction fee we charge you (the “Program”). We have no control or liability for the acts or omissions of the recipients of your donations.

Payment processing services for users on MyChange are provided by Stripe and are subject to the Stripe Connected Account Agreement , which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on MyChange, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of MyChange enabling payment processing services through Stripe, you agree to provide MyChange accurate and complete information about you and your business, and you authorize MyChange to share it and transaction information related to your use of the payment processing services provided by Stripe. By registering your account, you agree to Stripe’s Terms of Service and the Stripe Connected Account Agreement.

We reserve the right to modify or change our Site, the Application, or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Site, the Application, or any Services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change, or discontinue the Site, the Application, or any Services.

Content

All content and graphics created by Company that are contained on this site are owned by Company and are protected by intellectual property laws as well as other state, federal, and international laws, regulations, and treatises. You may not copy, reproduce, republish, post, or otherwise distribute this content without the express written permission of the Company.

Use of Site

We may limit the amount of money you can donate or contribute through our Services. For example, we may limit the total you may donate in one year to a political candidate. These limits may be required by law. Your donations may also be limited by your available credit or bank account balance. You are solely responsible for over limit fees, overdraft fees, finance charges and the like imposed by your bank or card issuer if your donations exceed your available credit limit or bank account balance.

The full amount of your rounded-up donations that you make less fees you pay to Company are treated as contributions or donations to a recipient tax-exempt organization or political candidate or committee. The amount of your donations or contributions as well as certain personally identifiable information such as name, email, address, occupation, and employer will be reported to your recipient organization, candidate or committee. The recipient may further report this same information to state or federal agencies or regulators in compliance with applicable laws, rules and regulations. You are responsible for designating the proper tax treatment of and paying all taxes as a consequence of your donations or contributions. You are also solely responsible for ensuring that your political contributions do not exceed any campaign finance limits.

All donations and contributions using the Services must be made in U.S. Dollars.

Refunds will only be issued prior to the transfer of funds to the recipient. After transfer occurs, refunds must be secured from the recipient of your donation or contribution.

Recipients are not required to accept your donation or contributions through the Services. You agree that we have no liability to you resulting from any Recipient’s non-acceptance or refund of any donation or contribution.

Prohibited Uses

You may not use the Site, Application, or Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the violation of campaign finance laws and regulations, tax codes and regulations, charitable solicitations laws and regulations, or the harassing or making disparaging comments to any user of the Site or Application. We reserve the right to take preventative or corrective actions to protect ourselves and our users. Your use of the Site, the Application, and Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Site, the Application, and Services and liability for damages caused by your noncompliance.

In addition to the foregoing, while using the Site, the Application, and Services, you may not (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading, or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site, Application, or Services; (f) “frame” or “mirror” any portion of the Site, Application, or Services; (g) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site, Application, or Services; (h) harvest or collect information about or from other users of the Site, Application, or Services; (i) use the Site, Application, or Services for any illegal activity; (j) probe, scan or test the vulnerability of the Site or Application, nor breach the security or authentication measures on the Site or Application or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Application, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of the Company, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Company; (o) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section.

Security

Using the Services offered on or through the Site and Application requires you to open an account and set up a profile, providing certain personally-identifiable information, which may include but is not limited to your name, your address, your occupation, your employer, your email address, and certain personal financial information related to your credit or debit cards (collectively, your “Client Information”). You agree that you will maintain and promptly update your Client Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate your account and refuse any and all current or future use of the Site and/or Application by you. You are solely responsible for maintaining the confidentiality of your Client Information and Company will not be liable for any loss or damage arising from your failure to secure your account. You agree that you will notify Company immediately if you believe there has been an unauthorized use of your account. You also agree that you will not use any other person’s account without authorization.

Links to Other Sites

This Site and Application contain links to other third party sites. We do not control what those sites say or do. Company is not responsible for other sites' content, information collection practices, or use of the information they collect. Company is not responsible for and does not endorse the content of those sites. Your use of third party sites is subject to the terms and conditions of those sites.

Privacy

Our privacy policy is found here.

Limitation of Warranties

ALL INFORMATION AND MATERIALS AVAILABLE AT THIS SITE AND APPLICATION ARE PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THOSE RELATING TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM STATUTE, A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY USE YOU MAKE OF THE SITE, APPLICATION, THE PRODUCTS, OR WEBSITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, AND WAIVE ALL CLAIMS AGAINST FYP FROM ANY AND ALL LIABILITY FOR CLAIMS, DAMAGES (ACTUAL AND CONSEQUENTIAL), COSTS, AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE SITE, THE PRODUCTS, OR WEBSITES.

Exclusion of Liability

IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND FYP’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold Company, its members, owners, employees, contractors, and agents (“Company Party”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Company Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of privacy, campaign finance or tax law violations, copyright infringement, or trademark infringement arising out of your use of this site, your posting of content to this site, your violation of these Terms of Use, or your inability to keep secure your account.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Mexico. You agree to submit to the non-exclusive jurisdiction of the state and federal courts in Bernalillo County, New Mexico.

Unenforceability

If any provision of these Terms of Use is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be limited or removed and the remaining provisions of these Terms of Use shall remain in full force and effect.

Statute of Limitations

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises.

Entire Agreement

These Terms of Use constitute the entire agreement between you and FYP, LLC, and govern your use of Company Site, Applications, or Services.

Waiver

The failure of Company to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision.

Ability to Modify Terms of Use

Company may modify these Terms of Use at any time without notice to you by posting revised Terms of Use on this site. Your use of Company’s Site, Application, or Services constitutes your binding acceptance of these and any modified Terms of Use.

Questions? Please contact us at hello@mychange.com.

Last Updated December 23, 2015