Legal

Terms of Use.

TERMS OF USE

ForGood Technologies, LLC (d/b/a Elev8 Technologies)

Effective Date: January 1, 2026

Last Updated: July 7, 2026

Website: letselev8.com

Legal contact: legal@letselev8.com

IMPORTANT, PLEASE READ CAREFULLY

These Terms of Use include a BINDING ARBITRATION CLAUSE and a CLASS ACTION WAIVER that affect your legal rights. Please read Section 34 carefully. You may opt out of arbitration within 30 days of first accepting these Terms as described in Section 34.9.

Elev8 is a TECHNOLOGY PROVIDER. Elev8 is NOT a bank, payment processor, money transmitter, broker-dealer, investment adviser, insurance company, fundraising platform, charitable organization, 501(c)(3), professional fundraiser, charitable solicitor, or donation processor. Elev8 does not hold, custody, or transmit funds. See Sections 39 to 42.

1. ACCEPTANCE OF THESE TERMS

These Terms of Use (the “Terms”) are a binding legal agreement between you (“you,” “your,” or “User”) and ForGood Technologies, LLC, a Wyoming limited liability company doing business as Elev8 Technologies (“Elev8,” “Company,” “we,” “us,” or “our”). The Terms govern your access to and use of the Elev8 website at letselev8.com (including any subdomains), Elev8 mobile and web applications, Elev8 APIs, SDKs, dashboards, and any related services, tools, software, and communications provided by Elev8 (collectively, the “Platform”).

BY ACCESSING OR USING THE PLATFORM, OR BY CLICKING “I AGREE,” “SIGN UP,” OR ANY SIMILAR ACKNOWLEDGMENT, YOU AGREE TO BE BOUND BY THESE TERMS AND BY OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE PLATFORM.

If you accept these Terms on behalf of an organization, employer, sponsor, merchant, financial institution, or other entity (a “Business Customer”), you represent and warrant that you have full authority to bind that entity, and “you” and “your” refer to that entity.

2. ABOUT ELEV8 AND THE PLATFORM

Elev8 operates a financial-technology (“fintech”) platform purpose-built as a Fund and Data Capturing Platform that enables organizations, sponsors, merchants, financial institutions, and individuals to capture, direct, and amplify program-related funds through modern payment, engagement, and loyalty technologies.

Elev8 provides technology only. Elev8 does not hold, custody, transmit, escrow, lend, invest, or advise on funds. Financial settlement, payment authorization, card issuance, banking, and fund movement are performed by third-party financial institutions, card networks, and payment processors under separate agreements.

Services offered by Elev8 include, without limitation:

  • Card-Linking Technology, linking eligible payment methods to enable transaction-triggered mechanics.
  • Round-Up Technology, calculating micro-rounding amounts based on transaction metadata.
  • Rewards & Loyalty Technology, issuing, tracking, and redeeming points, credits, and sponsor-funded incentives.
  • Sponsor Contribution Infrastructure, configuring sponsor-funded program mechanics.
  • Enterprise Engagement Dashboards, analytics and reporting consoles for Business Customers.
  • APIs and Integrations, developer interfaces for authorized partners under written agreement.

3. KEY DEFINITIONS

Term

Meaning

Account

A registered user account on the Platform, whether individual or enterprise.

Business Customer

An organization, sponsor, enterprise, financial institution, or merchant that accesses enterprise features of the Platform.

Sponsor

An entity that funds program mechanics, for example, matching payouts, bonuses, or incentives, via the Platform.

Organization

An entity that deploys the Platform to engage its members, participants, customers, or employees.

User Content

Information, text, files, logos, or materials a User submits to, transmits through, or makes available via the Platform.

Linked Payment Method

A payment card, financial account, or digital wallet a User links to the Platform via secure integrations.

Program

A campaign, offer, rewards program, loyalty program, round-up program, or similar initiative configured on the Platform by a Business Customer.

Program Payout

A sponsor-funded or organization-funded payment made to users, recipients, or designated payees under Program rules.

4. ELIGIBILITY

To use the Platform, you must:

  • Be at least 18 years of age (or the age of majority in your jurisdiction, if higher).
  • Have the legal capacity to enter into a binding contract.
  • Reside or operate in a jurisdiction where the Platform is offered.
  • Not be a person barred from receiving services under U.S. law (including OFAC-sanctioned persons) or the law of any other applicable jurisdiction.
  • Provide accurate, current, and complete information during registration and keep such information up to date.

The Platform is not directed to children under 13 (or under 16 where a higher threshold applies), and we do not knowingly collect information from such children. If you believe a child has accessed the Platform, contact us at legal@letselev8.com.

5. ACCOUNT REGISTRATION AND SECURITY

5.1 Registration

You may need to create an Account to use certain features. You agree to provide truthful, accurate, and complete information and to promptly update your Account information.

5.2 Credentials

You are responsible for safeguarding your Account credentials, including passwords, multi-factor authentication tokens, biometric enrollments, and API keys. You are responsible for all activity under your Account, whether or not authorized by you.

5.3 Notifying Elev8

You must promptly notify Elev8 at security@letselev8.com of any unauthorized use, suspected compromise, or security incident involving your Account.

5.4 Identity Verification

Elev8 or our service providers may verify your identity or your organization’s legitimacy, including via third-party identity verification, know your customer “KYC”, know your business “KYB”, sanctions-screening, and fraud-detection providers. You authorize us to collect, use, and disclose information for those purposes, subject to our Privacy Policy.

6. DESCRIPTION OF THE PLATFORM; SERVICE-SPECIFIC TERMS

6.1 Card-Linking

If you link an eligible payment card to your Account, you authorize Elev8 and its network, issuer, and processor partners to receive transaction-level metadata (for example, transaction amount, timestamp, merchant category, merchant identifier, and authorization result) associated with that card for purposes of identifying qualifying transactions and triggering program mechanics. You represent that you are the authorized cardholder of any card you link, or that you are authorized by the cardholder to link it.

Elev8 does not receive or store your full card number or CVV. Your enrollment in card-linking is subject to applicable card network rules (e.g., Visa, Mastercard, American Express, Discover) and the terms of your card issuer, which may restrict or terminate linked-card functionality at any time.

6.2 Round-Up

Round-Up features calculate micro-rounding amounts based on transaction metadata (for example, rounding a $4.30 purchase up to $5.00 for a $0.70 round-up). The round-up amount is a software calculation; the actual funding, debit, transfer, or allocation of the round-up amount is performed by a third-party financial institution or payment provider under separate agreements, not by Elev8. Elev8 is not responsible for failed, reversed, delayed, or disputed round-up funding or transfers.

6.3 Rewards and Loyalty

Rewards, points, credits, and similar program benefits are ledger entries in the Platform. Their issuance, valuation, redemption, expiration, and forfeiture are governed by the specific rules of the Program in which you participate, as established by the applicable Business Customer, Sponsor, or program operator, not Elev8. Elev8 is not the obligor for any Program benefit. Cash-equivalent redemptions are fulfilled by third-party partners.

6.4 Sponsor-Funded Payouts

Sponsor-funded payouts, matches, bonuses, or allocations are funded and paid by Sponsors and/or their financial service providers, not by Elev8. Elev8 provides software that calculates, tracks, and surfaces such payouts based on Program rules. Elev8 does not guarantee that any Sponsor will make any Program Payout, nor that any Program Payout will occur by any particular date or in any particular amount.

6.5 Enterprise Services

Business Customers using Elev8 enterprise features may be subject to additional agreements (such as a Master Services Agreement, Order Form, Data Processing Addendum, and Acceptable Use Policy). In the event of a conflict between those agreements and these Terms, the Business Customer’s executed agreement governs for that Business Customer.

6.6 APIs, SDKs, and Developer Tools

If Elev8 provides you access to any API, SDK, webhook, or developer tool, your use is subject to the applicable developer terms, documentation, rate limits, security requirements, and acceptable use rules. API credentials are confidential; you may not share, resell, or sublicense them.

6.7 Beta, Pilot, and Early-Access Services

Elev8 may offer beta, pilot, preview, or early-access features (“Beta Services”). Beta Services are provided “AS IS” and may be modified, suspended, or discontinued at any time. Beta Services are not covered by uptime, support, or service-level commitments and may have additional use restrictions.

7. USER REPRESENTATIONS AND WARRANTIES

By using the Platform, you represent and warrant that:

  • You meet all eligibility requirements in Section 4.
  • You will provide only true, accurate, current, and complete information.
  • You will use the Platform only for lawful purposes and in accordance with these Terms.
  • You own or have all necessary rights to any User Content you submit.
  • Your use of the Platform will not violate any law, regulation, or third-party right.
  • If acting on behalf of a Business Customer, you have authority to bind it.

8. ACCEPTABLE USE AND PROHIBITED CONDUCT

You agree not to, and not to authorize or permit any third party to:

  • Use the Platform in any way that violates applicable law, regulation, or third-party rights.
  • Misrepresent your identity, affiliation, authority, or the source of any User Content.
  • Engage in money laundering, terrorist financing, sanctions evasion, tax evasion, or other illicit financial activity.
  • Submit any information obtained from a card, account, or source without authorization to link, use, or share it.
  • Tamper with, reverse engineer, decompile, or disassemble the Platform, except to the extent expressly permitted by law.
  • Introduce malware, viruses, worms, ransomware, logic bombs, or similar harmful code.
  • Probe, scan, or test the Platform’s vulnerability without Elev8’s prior written authorization, outside of any published responsible-disclosure or bug-bounty program.
  • Interfere with, disrupt, or place an undue burden on the Platform, servers, or networks.
  • Use bots, crawlers, scrapers, or automated means to access the Platform other than publicly posted search-engine indexing, or as expressly permitted by Elev8 in writing.
  • Circumvent, disable, or interfere with security, authentication, or access-control features.
  • Use the Platform to develop a competing product or service.
  • Engage in any activity that fraudulently solicits, collects, or transmits money or funds through the Platform, including posing as a charity, soliciting charitable contributions, or making false representations about the use of funds.
  • Use the Platform in a manner that could damage, disable, overburden, or impair any Elev8 server, network, or user.
  • Re-sell, sub-license, rent, lease, or commercially exploit the Platform without Elev8’s prior written consent.

9. LINKED PAYMENT METHODS AND FINANCIAL ACCOUNT DATA

By linking a payment card, bank account, digital wallet, or other financial account (a “Linked Payment Method”), you:

  • Represent that you are the authorized holder of the Linked Payment Method, or have been duly authorized by the holder.
  • Authorize Elev8 and its service providers to receive and process transaction metadata and related signals associated with the Linked Payment Method as described in our Privacy Policy.
  • Acknowledge that processing, authorization, settlement, and any money movement is conducted by third-party financial institutions and payment processors, not Elev8.
  • Acknowledge that card networks and issuers may modify, restrict, or terminate program eligibility at any time, and that Elev8 is not responsible for such changes.

You may unlink a Linked Payment Method at any time via your Account settings, subject to settlement of any in-flight transactions.

10. THIRD-PARTY FINANCIAL INSTITUTIONS AND PAYMENT PROCESSORS

The Platform coordinates with third-party financial institutions, card networks, payment processors, open-banking aggregators, identity verification vendors, and other service providers. Your use of those third-party services is governed by their own terms and privacy notices. Elev8 is not responsible for the acts, omissions, errors, delays, or failures of any such third party.

11. SPONSOR, ORGANIZATION, AND MERCHANT ROLE

When you participate in a Program:

  • The relevant Sponsor, Organization, or merchant, not Elev8, is the party responsible for establishing, funding, and honoring the Program, including any rewards, match, or payout.
  • Your relationship with the Sponsor, Organization, or merchant is governed by that entity’s own program terms, privacy notice, and, where applicable, fundraising, charitable solicitation, or regulatory disclosures.
  • Elev8 is not an agent, trustee, fiduciary, or partner of, and does not guarantee the performance of, any Sponsor, Organization, or merchant.

12. FEES

The Platform may be offered without fees to individual Users, with all applicable fees paid by Business Customers under separate agreements. Where a fee applies to you, we will disclose it before you incur it. All fees are non-refundable except as required by law or as expressly provided in a written agreement.

13. TAXES

You are responsible for determining, reporting, and paying all taxes, duties, and other governmental assessments applicable to your use of the Platform, including any rewards, payouts, or other amounts received by you. Elev8 does not provide tax advice. You should consult your own tax advisor.

14. INTELLECTUAL PROPERTY

14.1 Elev8 Ownership

The Platform and all related content, software, source code, object code, algorithms, designs, logos (including the Elev8 word mark and stylized “elev8” design), trademarks, service marks, trade names, trade dress, and intellectual property rights are owned by Elev8 and/or its licensors, and are protected by U.S. and international law. Except for the limited rights expressly granted to you in these Terms, no right, title, or interest in the Platform is transferred to you.

14.2 Limited License

Subject to your compliance with these Terms, Elev8 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for its intended purposes. This license does not include any resale or commercial use of the Platform or its content, derivative use, downloading, copying, or collection of Elev8 content, or any use of data mining, robots, or similar tools.

14.3 Trademarks

“Elev8,” the Elev8 logo, and related names, product and service names, designs, and slogans are trademarks of ForGood Technologies, LLC or its affiliates. You may not use such marks without our prior written permission.

15. USER CONTENT

15.1 License to Elev8

You grant Elev8 a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify (for technical compatibility), create derivative works from, communicate, publish, publicly perform, publicly display, and distribute User Content solely to operate, provide, improve, and promote the Platform. You can end this license by deleting the applicable User Content, except to the extent it has been shared with others or retained as permitted by law or our Privacy Policy.

15.2 Your Responsibility

You are solely responsible for your User Content and its accuracy, legality, and appropriateness. Elev8 has no obligation to monitor User Content but may remove or restrict it at its discretion.

15.3 Feedback

If you provide feedback, suggestions, or ideas about the Platform (“Feedback”), you assign to Elev8 all rights in the Feedback, and Elev8 may use it for any purpose without compensation or attribution.

16. PRIVACY

Our collection and use of information is described in our Privacy Policy, available at letselev8.com/privacy-policy, which is incorporated by reference. By using the Platform, you consent to data practices described in the Privacy Policy.

17. ELECTRONIC COMMUNICATIONS AND E-SIGN/UETA CONSENT

You consent to receive communications from Elev8 electronically, including notices, disclosures, agreements, receipts, and records related to the Platform. Electronic communications satisfy any legal requirement that such communications be in writing. You also consent to the use of electronic signatures and records under the U.S. federal E-SIGN Act and applicable state electronic transactions acts (including UETA). You may withdraw consent to electronic communications by closing your Account; note, however, that we may be unable to provide the Platform to you without such consent.

18. SMS AND TEXT MESSAGING TERMS

If you provide a mobile phone number and opt in, you expressly consent to receive recurring text messages from or on behalf of Elev8, Sponsors, or Organizations, which may include program notifications, alerts, account activity, promotions, and marketing, sent using an automatic telephone dialing system. Consent is not a condition of purchase or participation.

  • Message frequency varies.
  • Message and data rates may apply.
  • Reply HELP for help; reply STOP to cancel.
  • We may terminate or change our SMS programs at any time.

You are responsible for all charges assessed by your wireless carrier. Carriers are not liable for delayed or undelivered messages.

19. EMAIL AND PUSH NOTIFICATIONS

You may receive email and push notifications about your Account, transactions, security alerts, and program activity. Transactional and security messages may continue even if you opt out of marketing. You can control push notifications through your device settings.

20. COPYRIGHT / DMCA POLICY

Elev8 respects intellectual property rights. If you believe that material on the Platform infringes your copyright, please submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent:

DMCA Agent, Elev8 Technologies

Email: legal@letselev8.com

Mail: 1621 Central Avenue, Suite 9191, Cheyenne, WY 82001, USA

Your notice must include the elements required under 17 U.S.C. § 512(c)(3). We may terminate accounts of repeat infringers.

21. THIRD-PARTY LINKS AND CONTENT

The Platform may contain links to, or integrate with, third-party websites, applications, products, or services. Elev8 does not endorse or assume responsibility for any third-party content, and your use of third-party services is at your own risk and subject to that third party’s terms.

22. MODIFICATIONS TO THE PLATFORM

Elev8 may modify, suspend, or discontinue all or part of the Platform at any time, with or without notice. Elev8 is not liable to you or any third party for any such modification, suspension, or discontinuation.

23. SUSPENSION AND TERMINATION

23.1 By You

You may stop using the Platform or close your Account at any time.

23.2 By Elev8

Elev8 may suspend, restrict, or terminate your access to the Platform at any time, with or without notice, if we reasonably believe:

  • You have violated these Terms or applicable law.
  • You pose a security, fraud, legal, or reputational risk.
  • Continued service is not commercially reasonable.
  • Suspension is required by a court, regulator, card network, financial institution, or partner.

23.3 Effect of Termination

Upon termination, your right to use the Platform ceases. Sections that by their nature should survive, including Sections 7, 8, 13 to 15, 24 to 35, 37 to 43, will survive termination.

24. DISCLAIMERS OF WARRANTIES

THE PLATFORM IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEV8 AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.

Without limiting the foregoing, Elev8 does not warrant that the Platform will be uninterrupted, timely, secure, error-free, or accurate, or that any data, transaction, calculation, reward, or Program Payout will be accurate, complete, on time, or successful.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the exclusions above may not apply to you.

25. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ELEV8, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR REWARDS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL ELEV8’S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO ELEV8 IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Some jurisdictions do not allow certain limitations of liability, so some of the limitations above may not apply to you. In those jurisdictions, Elev8’s liability is limited to the maximum extent permitted by law.

26. INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Elev8, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  • Your access to or use of the Platform.
  • Your violation of these Terms, applicable law, or any third-party right.
  • Your User Content.
  • Your conduct as a Sponsor, Organization, or merchant, including any fundraising, charitable solicitation, or donor communications you send using information obtained through the Platform.

Elev8 may assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with Elev8’s defense of such matter.

27. ASSUMPTION OF RISK

You understand and acknowledge that use of the Platform may involve risks, including transmission failures, transaction delays, third-party outages, fraud attempts, technology errors, and loss of data. You use the Platform at your own risk and agree that Elev8 is not responsible for losses caused by such risks, to the maximum extent permitted by law.

28. FORCE MAJEURE

Elev8 will not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, labor disputes, internet outages, failures of telecommunications or utility services, cyber attacks, third-party failures, or governmental actions.

29. EXPORT CONTROLS AND SANCTIONS

The Platform may be subject to U.S. export controls and economic sanctions laws. You represent and warrant that you are not located in, under the control of, or a national or resident of any country or region subject to U.S. embargoes, and are not on any U.S. government list of restricted end users. You agree to comply with all applicable export, re-export, and sanctions laws.

30. U.S. GOVERNMENT END USERS

If you are a U.S. federal government end user, the Platform is a “commercial item,” “commercial computer software,” and “commercial computer software documentation” under FAR 12.212 and DFARS 227.7202, and is licensed only with those rights as are granted to all other end users pursuant to the terms and conditions herein.

31. COMPLIANCE WITH LAWS

You represent, warrant, and covenant that you will comply with all laws and regulations applicable to your use of the Platform, including, where applicable, laws regarding anti-money laundering, counter-terrorism financing, sanctions, anti-bribery and anti-corruption (including the U.S. FCPA and UK Bribery Act), consumer protection, advertising, charitable solicitation, fundraising registration, telemarketing (including the TCPA and state analogs), privacy, data protection, and taxation.

32. FRAUD PREVENTION; TRANSACTION MONITORING

Elev8 may employ automated and manual tools to monitor for fraud, abuse, sanctions screening, and suspicious activity. Elev8 may, without notice and in its sole discretion, delay, restrict, suspend, reverse, or terminate any Account, transaction, linked payment method, reward, or payout that Elev8 believes in good faith may be fraudulent, unauthorized, unlawful, or inconsistent with these Terms. Elev8 is not liable for any losses resulting from such actions.

33. GOVERNING LAW AND VENUE

These Terms and any dispute arising out of or relating to these Terms or the Platform are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-laws rules. Subject to Section 34, any judicial proceeding permitted to be brought will be filed in the state or federal courts located in Cheyenne, Wyoming, and you consent to the exclusive jurisdiction and venue of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

34. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION.

34.1 Informal Resolution

Before filing any claim, you agree to first contact Elev8 at legal@letselev8.com and attempt to resolve the dispute informally for at least 60 days.

34.2 Agreement to Arbitrate

You and Elev8 agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (a “Dispute”) will be resolved by binding arbitration on an individual basis, except as set forth below.

34.3 Arbitration Rules and Forum

The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, if unavailable, the American Arbitration Association under its Consumer Arbitration Rules). The arbitration will be conducted in English by a single arbitrator. The seat of arbitration will be Cheyenne, Wyoming, or a mutually agreed location; hearings may be virtual.

34.4 Class Action Waiver

DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU AND ELEV8 WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR ARBITRATION.

34.5 Jury Trial Waiver

YOU AND ELEV8 WAIVE ANY RIGHT TO TRIAL BY JURY FOR ANY DISPUTE THAT IS HEARD IN COURT.

34.6 Exceptions

Either party may bring (a) an individual action in small-claims court, or (b) a claim for injunctive or equitable relief related to intellectual property, confidentiality, or unauthorized access or use of the Platform. Nothing in this Section prevents either party from contacting any government or regulatory authority.

34.7 Severability

If any portion of this Section is held unenforceable, the unenforceable portion will be severed, and the remainder will remain in full effect, except that if the class-action waiver is found unenforceable, the entire arbitration provision will be null and void as to that Dispute only.

34.8 Batch Arbitration

If 25 or more similar claims are asserted against Elev8 by or with the assistance of the same law firm or coordinated group of firms, the arbitration provider will administer them in sequential batches of up to 50 claims per batch, with any remaining claims held until earlier batches conclude. The parties will cooperate in good faith on batching logistics to promote efficient resolution.

34.9 Opt-Out

You may opt out of this arbitration agreement by sending written notice to Elev8 at legal@letselev8.com within 30 days after you first accept these Terms. The notice must include your name, address, email, and an unambiguous statement that you are opting out of arbitration. If you opt out, Sections 33 and 34.4 to 34.5 will still apply to the fullest extent permitted by law, and the remainder of these Terms are unaffected.

34.10 Limitation

Any Dispute must be filed within one year after the cause of action arose or such claim is forever barred, to the maximum extent permitted by law.

35. NOTICES

Except as otherwise required by law, legal notices to Elev8 must be sent to legal@letselev8.com with a copy by mail to ForGood Technologies, LLC, Attn: Legal, 1621 Central Avenue, Suite 9191, Cheyenne, WY 82001, USA. Notices to you will be sent to the email address associated with your Account, via in-Platform notice, or as otherwise permitted by law.

36. ASSIGNMENT; ENTIRE AGREEMENT; SEVERABILITY; WAIVER

36.1 Assignment

You may not assign these Terms or your Account without Elev8’s prior written consent. Elev8 may assign these Terms freely, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

36.2 Entire Agreement

These Terms, together with the Privacy Policy and any additional written agreements between you and Elev8, constitute the entire agreement between you and Elev8 regarding the Platform and supersede any prior agreement regarding the same subject matter.

36.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

36.4 No Waiver

A failure to enforce any provision is not a waiver of that provision. Any waiver must be in writing and signed by Elev8.

36.5 No Agency / No Third-Party Beneficiaries

No joint venture, partnership, employment, or agency relationship exists between you and Elev8 as a result of these Terms or your use of the Platform. Except as expressly stated, these Terms do not create third-party beneficiary rights.

37. CHANGES TO THESE TERMS

Elev8 may update these Terms from time to time. If we make a material change, we will provide reasonable notice (for example, by updating the “Last Updated” date, emailing you, or displaying an in-Platform notice). Your continued use of the Platform after the updated Terms become effective means you accept the changes. If you do not agree, you must stop using the Platform.

38. STATE-SPECIFIC PROVISIONS

38.1 California Users

Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

38.2 New Jersey Users

If you are a New Jersey resident, nothing in these Terms is intended to, nor will limit, (i) any statutory consumer-fraud remedy that cannot be waived under New Jersey law, or (ii) any claim of gross negligence or willful misconduct.

38.3 Other Jurisdictions

Certain provisions of these Terms may not apply to you if you are a resident of a jurisdiction whose laws prohibit the enforcement of those provisions. In that event, those provisions will be limited to the maximum extent permitted by applicable law, and all other provisions remain enforceable.

39. FINANCIAL SERVICES DISCLAIMER

Elev8 is a technology and software provider. Elev8 is not, and does not operate as, any of the following:

  • A bank, credit union, trust company, depository institution, or other financial institution.
  • A payment processor, acquirer, issuer, program manager, card issuer, or money transmitter or money services business.
  • A broker-dealer, investment adviser, investment company, futures commission merchant, commodities broker, or insurance company or producer.

Elev8 does not hold, custody, escrow, invest, lend, or transmit funds. All money movement is performed by third-party financial institutions and payment processors. The Platform does not replace the need for any license, registration, or authorization required for any regulated activity you perform, and you are solely responsible for all such requirements.

40. NO PROFESSIONAL ADVICE

Elev8 does not provide legal, tax, accounting, investment, financial-planning, fundraising, donor-development, charitable-solicitation, or other professional advice, and nothing on the Platform should be construed as such. You should consult your own qualified advisors before taking any action based on the Platform.

41. NOT A FUNDRAISING PLATFORM; TAX AND CHARITABLE SOLICITATION DISCLAIMER

41.1 Not a Fundraiser or Charity

Elev8 is not a fundraising platform, charitable organization, 501(c)(3), 501(c)(4), nonprofit, professional fundraiser, commercial fundraiser, fundraising counsel, fundraising consultant, charitable sales promotion organizer, commercial co-venturer, cause-marketing administrator, donor-advised fund sponsor, community foundation, charitable trust, charitable gift fund, or charitable intermediary, and is not required to register as such. Elev8 provides technology only.

41.2 No Solicitation, Acceptance, or Processing of Charitable Contributions

Elev8 does not solicit, request, accept, hold, process, transmit, disburse, acknowledge, or receipt charitable contributions, donations, gifts, or pledges, and makes no representation that any payment, round-up, reward, transfer, or other transaction on the Platform is a charitable contribution, a tax-deductible payment, or otherwise has any charitable, gift-tax, or income-tax character.

41.3 “Fund and Data Capturing” Is Technology

The term “Fund and Data Capturing Platform” refers to Elev8’s technology-enabled mechanics, including card-linking, round-ups, rewards, loyalty, and sponsor-funded program payouts, and is not a description of fundraising, charitable solicitation, or gift processing.

41.4 Customer Responsibility

Organizations, Sponsors, enterprise customers, and other third parties that deploy the Platform are solely responsible, as applicable, for:

  • Registration and annual renewal as a charity, commercial fundraiser, fundraising counsel, professional solicitor, commercial co-venturer, or charitable sales promotion organizer under applicable state Charitable Solicitations Acts (including those of California, New York, Florida, Illinois, Massachusetts, and other states that regulate charitable solicitation).
  • All donor-, member-, and participant-facing disclosures, including solicitation disclosures, tax-deductibility statements, quid-pro-quo acknowledgments, and charitable-sales-promotion notices.
  • Tax receipting, acknowledgment letters, IRS Form 990 reporting, Form 8283/8282 handling, and other tax reporting obligations.
  • Ensuring the accuracy of any representation about charitable status, tax-exempt status, tax deductibility, or the destination or use of funds.
  • Obtaining and maintaining any license, bond, charter, or other authority required to solicit, accept, or administer charitable or donor funds.
  • Complying with all applicable privacy, consumer-protection, advertising, and telemarketing laws in connection with any fundraising, donor, or member communications.

41.5 No Endorsement; No Verification

Elev8 does not verify, endorse, audit, or assume responsibility for any customer’s charitable status, solicitation registrations, tax-exempt determinations, or donor-facing representations. You acknowledge that Elev8 is not liable for any customer’s failure to comply with charitable or fundraising laws.

41.6 Tax Disclaimer

Nothing in the Platform or these Terms constitutes an opinion or representation that any amount is deductible as a charitable contribution or has any particular tax treatment. You should consult your own qualified tax advisors.

41.7 Program Terms Govern

Your legal relationship with any Program, offer, campaign, benefit, reward, or sponsor-funded payout is governed by the terms of the applicable Organization, Sponsor, merchant, or financial institution, not by Elev8. Elev8 is not a party to any gift, pledge, donation, subscription, purchase, or similar transaction.

41.8 No Fiduciary Duty

Nothing in these Terms or in Elev8’s provision of the Platform creates any fiduciary, trust, agency, escrow, or similar relationship between Elev8 and any User, Organization, Sponsor, or other person.

42. IMPORTANT SUMMARY DISCLAIMER

Elev8 provides software. Elev8 is NOT a bank, payment processor, money transmitter, broker-dealer, investment adviser, insurance company, fundraising platform, charitable organization, or donation processor. Elev8 does NOT hold, custody, transmit, escrow, lend, invest, or advise on funds. All money movement is performed by third-party financial institutions and payment processors. Users and Business Customers are solely responsible for their own legal, regulatory, licensing, tax, charitable-solicitation, and privacy obligations.

43. CONTACT INFORMATION

For questions about these Terms, please contact:

ForGood Technologies, LLC (d/b/a Elev8 Technologies)

Attn: Legal

1621 Central Avenue, Suite 9191

Cheyenne, WY 82001, USA

Email: legal@letselev8.com

Privacy matters: privacy@letselev8.com

Security reports: security@letselev8.com

Website: letselev8.com

End of Terms of Use.

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