Effective Date: November 15, 2024 

1. General. These Donor Terms and Conditions (these “Donor Terms”) apply to all users that provide  a donation (“you” or “your”) to Eback Foundation Inc.. (“we”, “us”, or “our”). These Donor Terms are in  addition to, incorporated into, and made a part of our Terms of Service. Except as expressly specified in  these Donor Terms, all other terms and conditions of the Terms of Service will remain in full force and effect.  In the event of any conflict between the provisions of the Terms of Service and these Donor Terms, these  Donor Terms will govern and control. Capitalized terms used but not defined in these Donor Terms will have  the meanings assigned to them by our Terms of Service. Please be advised that our Terms of Service contain  additional disclaimers of warranties and limitations on our liability. Our Terms of Service also allow you to  pursue claims against us only on an individual basis, and not as part of any class or representative action or  proceeding. As a result, you may seek relief (including monetary, injunctive, and declaratory relief) only on  an individual basis. 

PLEASE NOTE: ALL FEES, PAYMENTS, AND DONATIONS MADE BY YOU ARE FINAL AND NON-REFUNDABLE.  WE WILL NOT RETURN ANY PAYMENTS OR DONATIONS TO YOU FOR ANY REASON. AS FURTHER DESCRIBED  BELOW, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO HOW DONATED FUNDS WILL  BE USED.  

Please read these Donor Terms carefully. By submitting your donation to us, or by clicking to accept or agree  to these Donor Terms when this option is made available to you, you accept and agree to be bound and  abide by these Donor Terms, including our Terms of Service and our Privacy Policy. If you do not agree with  or comply with these Donor Terms or any portion of these Donor Terms, then you must not submit any  donation to us. 

WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO OUR SERVICES (INCLUDING THE ABILITY TO SUBMIT A  DONATION TO US) IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE DONOR TERMS, IF WE BELIEVE  YOUR USE OF ALL OR ANY PORTION OF THE SERVICES WILL REFLECT POORLY ON US, OUR SERVICES, OR  OUR GOODWILL, OR IF WE OTHERWISE DEEM YOUR ACTIVITIES TO BE ILLEGAL, UNETHICAL, OR OTHERWISE  INAPPROPRIATE, IN EACH CASE, IN OUR SOLE AND ABSOLUTE DISCRETION.    

2. Changes to these Donor Terms. We may update these Donor Terms from time to time, provided  that the version of these Donor Terms in effect at the time of your acceptance of these Donor Terms will  apply to you without modification, unless you agree to an updated version of these Donor Terms. By  submitting your donation, or by clicking to accept or agree to these Donor Terms (including any version  revised after the Effective Date stated above) when this option is made available to you, you acknowledge  that you have read and agree to these Donor Terms.    

3. Making Donations and Transaction Fee. To cover our operational and administrative costs, we will  charge a transaction fee (currently 5%), which will be deducted from each donation after all third-party  financial transactions costs or fees are applied. We may from time to time update the applicable transaction  fee, provided that we will notify you of the applicable fee if/when you make a donation to us. To make a  donation, you need to use a credit card or other payment method that we accept. You represent and  warrant that your payment information is correct and that you are legally authorized to use your payment  method. We use a third-party payment processor (currently, Stripe) to process payments. As set forth in our  Terms of Service, by donating, you agree to allow our payment processor to handle your payment information in accordance with its privacy policy and its applicable Third-Party Requirements. If you believe  that an error has occurred in any of your donations, please contact us immediately so we can help resolve  the issue. Any fraud disputes or chargebacks initiated with your payment provider may be contested by us  on the basis of this authorization. You acknowledge and agree that if you have indicated an interest or  preference that your donation support a particular NGO listed or posted on our Services, we will try to  accommodate such preference but, as further stated below, we do not guaranty that your donation will be  contributed to any NGO that you indicated an interest or preference for. We may unilaterally choose to  support any other NGOs in our sole discretion but pursuant to our mission, including NGOs not listed on  our Platform at the time of your donation, or operating in the same or a different sector and country as  your original preference. You acknowledge and agree that your donations made via our online Platform are  not “restricted” in any way meaning that you cannot decide exactly how your donation is to be used;  however, if the donation you wish to restrict is larger than $10,000, then please contact us directly and we  may be able to accommodate your request.    

4. Your Representations and Warranties. You represent, warrant, and certify that: (a) you are 18 years  of age or older; (b) you are making a donation in compliance with all applicable laws, rules, and regulations;  (c) you have all legal rights, permission, and authority to enter into these Donor Terms and make your  donation to us, your donation is from a legal source, and your donation is not being made to us in any  wrongful, illegal, or fraudulent way; (d) you are not involved in any criminal, unethical, money laundering, or terrorist activities or organizations and you are not a Specially Designated National (“SDN”) or other  embargoed person; and (e) neither you nor (if you are an entity) any of your directors, officers, employees  or agents are a person, or a person who is directly or indirectly owned or controlled by any person (i)  currently included on any list maintained by the U.S. Office of Foreign Assets Control (“OFAC”) or any other  governmental authority imposing economic sanctions or trade embargoes, or (ii) whom or which we are  otherwise prohibited from engaging or otherwise dealing with as the result of any sanctions imposed by  OFAC or any other governmental authority. If at any time the foregoing representations cease to be true,  then you must NOT submit any donation to us and cease using our Services.

5. Tax Deductions. In accordance with current United States law, donations to us are tax-deductible  under certain conditions. However, we cannot guaranty that donations will be tax deductible. If a donation  is not tax-deductible, this does not entitle you to cancel the donation.  

6. Your Information. In order to make a donation, you must provide us with certain data and information, such as contact details and payment details. We will use and  disclose your data and information as set forth in our Privacy Policy. We do not share info to third party services.

7. Disclaimers. You understand and acknowledge the following:  

a. Your donations made via our Services are for us as the sole beneficiary, and we may contribute  those funds, including to any NGO, in our sole and absolute discretion. We make no representations or  warranties of any kind, whether express or implied, regarding the use of funds donated by you, or the results  of such use. Furthermore, we make no representations or warranties regarding any NGOs or cause with  respect to which we contribute donated funds collected by us, and we will not be responsible or liable for the acts or omissions of any NGOs or cause sponsors. Without limiting the generality of the foregoing, we  will not be responsible or liable for any wrongful, unethical, fraudulent, or criminal acts or activity by any  NGO or cause sponsor, or others associated with any of them, and we will not be responsible or liable for  any NGOs’ or any cause sponsors’ use of your donated funds.   

b. We make no representations or warranties with respect to the use of your donation, and we may  use any funds that you donate in our sole discretion, consistent with our mission and applicable Law. We  make no guaranty regarding or otherwise in respect of any NGOs, including the number of NGOs registered  with us on the Platform or with respect to certification, credibility, or any other qualifications, or the  integrity, responsibility, or actions of any NGO.    

c. Any information or content on our Services or that we provide to you with respect to any NGO was  provided to us by the NGO itself, and therefore we make no representations or warranties, and we will not  be responsible or liable with respect to any such information or content. You should conduct your own due  diligence on us and any NGO before using our Services or making any donation to us.  

d. While you may indicate your preference for your donation to be contributed to certain NGOs set  forth on our Services, we may or may not honor your request in our sole discretion. We have no obligation  to make donations to NGOs and if we do, it will be based on our sole discretion consistent with our mission.  

e. We are not a facilitator or intermediary between you and the NGOs. We are not affiliated,  associated, endorsed by, or in any way officially connected with any NGOs.  

f. We do not and will not provide any legal or tax advice, and any suggestions, content or materials  provided by us as part of or in connection with your donation or your registration with us does not constitute  legal, tax, or other professional advice, and you are solely responsible for determining the legality, validity  and enforceability of your donation policies and practices, and the appropriateness, effectiveness or legality  of the same.    

8. Covenants.    

a. Confidentiality. In connection with your donation and registration with us, you may access certain  proprietary, non-public, or otherwise confidential information of us, our representatives, or affiliates, or  certain third parties, including, without limitation, strategies, policies, procedures, methods, or know-how, these Donor Terms, and any and all other non-public information of or regarding us or our Services  (collectively, “Confidential Information”). You will: (i) hold Confidential Information in strict confidence; (ii)  protect and safeguard Confidential Information with at least the same degree of care as you would protect  your own confidential information, but in no event with less than a reasonable degree of care; (iii) not use  Confidential Information, or permit it to be accessed or used, for any purpose other than to perform under  and as permitted by these Donor Terms and the Terms of Service; and (iv) not disclose any Confidential  Information to any person, except pursuant to applicable federal, state or local law, regulation or a valid  order issued by a court or governmental agency of competent jurisdiction, provided in such case that you  first provide us with prompt written notice of such requirement and reasonable assistance in opposing such  disclosure or seeking a protective order or other limitations on disclosure. 

b. Non-Disparagement. You will not at any time make, publish, or communicate to any person or entity  or in any public forum any defamatory, maliciously false, or disparaging remarks, comments, or statements  concerning us, our Services, or any other aspect of our businesses, or any of our employees, officers, or  directors and our existing and prospective customers, suppliers, investors, or other associated third parties,  now or in the future. In addition, and without limiting the generality of the foregoing, in the event that we  reject your donation for any reason, then you may not disclose or otherwise publicly comment on the  reasons we rejected your donation.  

c. Equitable Remedies. You acknowledge that a breach of this Section will cause irreparable harm to  us and that a remedy at law would be inadequate. Therefore, in the event of a breach or threatened breach  of any provision of this Section by you, we will be entitled to a temporary or permanent injunction and/or  other equitable remedies against such breach or threatened breach from any court of competent  jurisdiction, without the necessity of showing any actual damages or that money damages would not afford  an adequate remedy, and without the necessity of posting any bond or other security. All such equitable  relief will be in addition to, not in lieu of, legal remedies, monetary damages, or other available forms of  relief. 

9. Indemnification. You will indemnify, defend and hold us harmless from and against any and all  claims, losses, damages, judgments, liabilities, costs, and expenses (including attorneys’ fees and the costs  of enforcing this provision and of pursuing any insurance providers) arising from or relating to: (a) your  breach of any of your obligations, representations or warranties or your violation of rights of others; (b)  your access or use of our Services, in whole or in part; or (c) your submission of any donation to us.    

10. Miscellaneous. For purposes of these Donor Terms, the words “include,” “includes” and “including”  are deemed to be followed by the words “without limitation”, and the word “or” is not exclusive. To the  extent allowed by applicable law, the English language version of these Donor Terms is binding and their  translations in other languages are for convenience only; in the event of conflicts or discrepancies between  the English version of these Donor Terms and their translations, the English version shall govern and control.    

11. Contact Information. If you have any questions or need further information as to these Donor  Terms, please contact us via email at: [email protected].