Terms of Service

The Services are provided by Ritmo SA, Henri-Druey 1, 1018 Lausanne, Switzerland. For legal notices or questions relating to these Terms, you may contact us at corporate@joinritmo.com.

2.1

Ritmo is a consumer donation application that helps users act on what they care about by directing contributions to verified nonprofit organizations through an engaging, low-friction mobile experience.

2.2

Depending on the features made available, the Services may include setting a recurring monthly contribution amount; receiving personalized daily cause recommendations matched to your values and interests; directing portions of your contribution balance to nonprofit organizations and outputs of your choice; viewing information about nonprofit organizations, including estimated impact information; participating in donation credits, badges, levels, points, rewards, and referral features; and accessing related content, tools, and features made available by Ritmo.

2.3

3.1

The Services are intended for individuals aged 18 and over only. By using the Services, you represent and warrant that you are at least 18 years old, that you have legal capacity to enter into these Terms and to make financial transactions, and that your use of the Services complies with applicable law. The Services are intended for users located in the United States. We do not offer the Services to users in the European Union or European Economic Area, and the Services are not directed to those users.

3.2

Ritmo may suspend or terminate access if we reasonably believe a user does not meet these eligibility requirements. If you believe that a person under 18 has created an account or made a financial transaction through the Services, please contact corporate@joinritmo.com so we can take appropriate steps.

4.1

To access the Services, you must create an account. You agree to provide accurate, current, and complete information and to keep it updated.

4.2

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account, except to the extent caused by our own breach of obligations. You must notify us promptly at corporate@joinritmo.com if you believe your account has been compromised or used without authorization.

This section describes the legal structure of how your contributions are processed. Please read it carefully, as it affects your rights.

5.1 Donor-Advised Fund Structure

5.1.1

All monetary contributions made through the Services are directed to a donor-advised fund ("DAF") held and administered by Givinga Foundation (EIN: 47-2487217), a US tax-exempt public charity recognized as tax exempt under Section 501(c)(3) of the Internal Revenue Code ("Givinga"). Givinga is the legal custodian and controller of all funds in the DAF.

5.1.2

5.2 Contributions Are Irrevocable

5.2.1

When you make a contribution through the Services, your payment is processed by a third-party payment provider (such as Stripe, Apple Pay, Google Pay, or PayPal) and directed to Givinga Foundation. Once received by Givinga, your contribution is an irrevocable charitable gift to Givinga Foundation. Except where Givinga, a payment provider, or applicable law permits correction of an unauthorized, duplicate, failed, or erroneous transaction, you cannot withdraw, reverse, or obtain a refund of any contribution once it has been received by Givinga. This reflects the treatment of contributions to donor-advised funds under US tax law. Ritmo does not issue tax receipts and does not guarantee that any contribution is tax-deductible.

5.2.2

Givinga Foundation issues a donation receipt within 30 days of your contribution. This receipt is issued by Givinga, not by Ritmo. Any questions about the tax treatment of your contribution should be directed to a qualified tax advisor. Ritmo does not provide tax advice.

5.3 Your Nonprofit Selections Are Advisory Recommendations

5.3.1

When you contribute through Ritmo, your funds are sent directly to Givinga Foundation, which holds and controls them in a donor-advised fund. The balance shown in the Ritmo app is an advisory allocation record used only to track the grant recommendations you may submit. It is not a bank account, stored-value account, payment account, deposit, segregated or trust account, wallet, or property interest, and it does not represent funds held by Ritmo or owed to you.

5.3.2

When you select a cause recommendation and the associated nonprofit organization through the Services, whether through daily cause recommendations or otherwise, you are expressing a preference about how you would like a portion of those funds to be granted. These preferences guide Ritmo's grant recommendations but are not binding pledges or guarantees.

5.3.3

Ritmo aggregates user preferences and periodically submits aggregated grant recommendations to Givinga Foundation. Because the fund operates as a donor-advised fund under U.S. tax law, Givinga Foundation is required to independently review each grant recommendation before processing it. Recommendations to verified 501(c)(3) organizations in good standing are generally expected to be approved, but approval is not guaranteed.. However, Givinga Foundation retains the legal authority and responsibility over all fund assets and disbursement decisions, as required by applicable law.

5.4 Donations to Nonprofits Are Unrestricted

All grants disbursed by Givinga Foundation to nonprofit organizations are unrestricted. The recipient nonprofit decides how to put the funds to work, regardless of any cause category, impact estimate, or project description shown in the Services. Your selection of a nonprofit through Ritmo is an expression of trust in that organization's mission and in Ritmo's platform. It is not a restriction, earmark, or directive on how the nonprofit uses the funds.

5.5 Third-Party Payment Services

Your payment is processed by third-party payment providers, which may include Stripe, Apple Pay, Google Pay, PayPal, and others made available through the Services. Your use of these payment services may be subject to separate terms and privacy notices of those providers. Ritmo is not responsible for the terms, practices, or performance of third-party payment providers.

5.6 Unallocated Contributions

5.6.1

Your recurring contribution is divided into regular portions for which you may submit advisory recommendations to causes or nonprofit organizations of your choice through the Services. The allocation period and any grace period for making a recommendation are disclosed to you before you pay. If you do not submit a recommendation within that period, the unallocated portion remains a charitable asset within the donor-advised fund described in Section 5.1 and continues to be held and controlled by Givinga Foundation, and your advisory privileges over that portion end.

5.6.2

The allocation period and any applicable grace period for making selections will be communicated to you through the app. It is your responsibility to make timely selections within the period communicated to you. Ritmo is under no obligation to send reminders before the allocation period expires.

5.7 Givinga Foundation's Policies

Givinga Foundation's Grant Due Diligence Policy and other policies govern how the donor-advised fund is administered, how grants are reviewed and disbursed, and how nonprofit eligibility is determined. Givinga Foundation's policies are publicly available at givinga.com. In the event of any conflict between these Terms and Givinga Foundation's policies regarding the handling of donated funds, Givinga Foundation's policies shall prevail with respect to fund custody, grant-making, and disbursement.

6.1 Recurring Contributions and One-Time Payments

6.1.1

The Services may offer one or more of the following payment options: recurring monthly contributions, one-time contributions, and other payment features as described in the Services.

6.1.2

Before you set up a recurring contribution and before any charge, the Services will clearly disclose the total amount that will be charged (your donation amount and the eventual Service Contribution), the billing frequency, the date of the first and recurring charges, the fact that the charges continue until you cancel, and how to cancel. By enrolling, you give your affirmative consent and authorize the applicable payment provider to charge your chosen payment method on a recurring basis on those terms. After you enroll, we will send you a confirmation you can retain that restates these terms and explains how to cancel. You may cancel at any time by a method that is at least as easy to use as the method you used to enroll, including through the Services, and cancellation will take effect before the next billing cycle. Contributions already processed are irrevocable as described in Section 5.2. If the recurring charge amount increases, we will notify you in advance and obtain your consent or give you the opportunity to cancel, as required by applicable automatic-renewal laws.

6.2 Service Contribution

6.2.1

In addition to your donation amount, a flat monthly service contribution may be charged ("Service Contribution"), the amount of which will be clearly disclosed to you in the app before you complete any payment. The Service Contribution is a fee paid for Ritmo's platform and related services. It is not a charitable contribution, is not paid to recipient nonprofit organizations, and is not eligible for a charitable tax deduction. Donation receipts issued by Givinga Foundation will not include the Service Contribution. The Service Contribution covers the operation and development of the Ritmo platform as well as all donation processing and fund administration fees charged by Givinga Foundation. These costs are absorbed entirely by the Service Contribution so that your donation amount is not reduced by platform or processing fees, except for third-party payment processing fees as described below. Ritmo may update the amount, structure, and type of the Service Contribution from time to time at its discretion. The Service Contribution that currently applies will be disclosed to you in the app before you complete any payment, and the latest applicable Service Contribution is also available on our website. Any change to a recurring Service Contribution will be made in accordance with Section 6.1 and applicable automatic-renewal laws.

6.2.2

The only fees that may reduce the amount received by the nonprofit organization are payment processing fees charged by third-party payment providers (such as Stripe), which are applied to the total transaction amount at the time of payment. Ritmo does not control these fees.

6.2.3

The Service Contribution is processed as part of your payment transaction through the applicable payment provider and directed to Givinga Foundation, which then remits the Service Contribution portion to Ritmo SA. The breakdown between the donation portion and the Service Contribution will be clearly shown before you confirm any transaction.

6.3 No Undisclosed Ritmo Fees

The total amount you will be charged, including the donation amount and the eventual Service Contribution, will always be clearly displayed before you confirm a payment. Ritmo will not charge you any amount beyond what is disclosed at the time of the transaction. No platform or administration fees are deducted from your donation amount. This Section addresses fees charged by Ritmo only. Third-party payment providers, card issuers, banks, or app stores may apply their own charges (such as payment processing, currency conversion, or chargeback fees) under their own terms, and tax treatment is determined by applicable law.

6.4 Refund Policy

Because all contributions are irrevocable charitable gifts to Givinga Foundation (see Section 5.2), donation amounts are non-refundable, except where Givinga, a payment provider, or applicable law permits correction of an unauthorized, duplicate, failed, or erroneous transaction . For the Service Contribution,we will refund or correct any charge resulting from a billing error or technical malfunction to the extent required by applicable law, and may otherwise issue refunds on a case-by-case basis. Please contact corporate@joinritmo.com for any billing inquiries.

7.1 Sources of Impact Data

7.1.1

The Services may display estimated impact information about nonprofit organizations, such as illustrative cost-per-outcome figures (for example, estimated cost to provide a meal, a textbook, or an hour of service). This information is derived from publicly available data sources, third-party data providers, and in some cases information published by the nonprofit organizations themselves. In most cases, the nonprofit organization has not directly provided this information to Ritmo and has not reviewed or approved how it is presented in the Services.

7.1.2

Ritmo may use artificial intelligence and automated systems to process, analyze, and present impact data, including to generate estimates, assumptions, recommendations, and illustrative figures. These AI-generated outputs are based on available data and statistical modeling and may not reflect actual outcomes. They are subject to the same limitations described in Section 7.2.

7.2 Impact Estimates Are Illustrative, Not Guarantees

7.2.1

7.2.2

As described in Section 5.4, all donations disbursed to nonprofits are unrestricted. The nonprofit organization retains full discretion over how it allocates its resources. The estimated impact figures shown in the Services represent what may be achievable based on available data — they do not represent a binding allocation of your contribution.

7.3 No Endorsement

Ritmo does not endorse, recommend, or guarantee any nonprofit organization, cause, program, or outcome. The inclusion of a nonprofit in the Services, whether through the Services, in daily cause recommendations, or through AI-generated suggestions, does not constitute an endorsement of its mission, values, effectiveness, programs, leadership, or financial management, nor does it imply any affiliation or relationship with Ritmo. The choice of which cause to support is yours alone.

7.4 Nonprofit Verification

7.4.1

The Services may display nonprofit organizations based on data from public sources, third-party partners, and Givinga Foundation. Information about nonprofit verification, screening, eligibility, and related review processes is described separately in our Nonprofit Verification & Trust Policy, available at joinritmo.com/trust-verification.

7.4.2

Nothing in these Terms should be interpreted as expanding or modifying any nonprofit review commitments beyond what is expressly stated in that separate documentation.

7.4.3

Certain state charitable fundraising, charitable fundraising platform, commercial co-venture, or professional fundraiser laws may apply to aspects of the Services. Ritmo, Givinga Foundation, and participating partners may provide additional state-specific disclosures, notices, or terms where required by applicable law.

8.1 Free Trial

Ritmo may offer a free trial period to new users. Before you start a free trial, the Services will disclose the trial duration, the date the trial ends, the amount that will be charged when it converts (your donation amount and the Service Contribution), the date of the first charge, and how to cancel... At the end of the free trial, you will be enrolled in a paid subscription unless you cancel before the trial expires. The timing and process for cancellation will be clearly communicated in the app. You may cancel at any time through the Services by a method at least as easy to use as the method you used to enroll. If the trial lasts longer than one month, we will send you a reminder notice before it converts, as required by applicable law. Ritmo reserves the right to modify, suspend, or discontinue the free trial offer at any time, without affecting a trial you have already started.

8.2 Donation Credits

The Services may offer donation credits which may be amounts funded by Ritmo, brand sponsors, or other third parties that are credited to your account and can be directed to nonprofit organizations through the same advisory recommendation and grant process described in Section 5.3, subject to the same limitations ("Donation Credits"). Because you did not personally contribute the credited amount, donation credits do not entitle you to a tax receipt or tax deduction. The tax receipt for the underlying funds, if any, is issued to the entity that provided the credit (such as Ritmo or the sponsoring brand), not to you.

Donation Credits are subject to the following conditions unless expressly stated otherwise: they are promotional and discretionary; they have no cash value and cannot be withdrawn, transferred, sold, or exchanged for cash or any other form of value; they may only be used to direct advisory grant recommendations to nonprofit organizations through the Services; and, before they are used and subject to applicable law they may be modified, reduced, expired, or revoked by Ritmo at any time without prior notice. The amount, conditions,expiry and eligibility for earning Donation Credits will be communicated through the app.

8.3 Referral Program

The Services may include a referral program that allows you to invite others to use Ritmo. Referral rewards, if any, may include donation credits subject to the conditions described in Section 8.2. The eligibility requirements, reward amounts, and conditions for earning referral rewards, including any requirement that the referrer and referee maintain an active paid subscription, will be communicated through the app at the time of participation.

Ritmo reserves the right to establish rules regarding referral eligibility, limits, fraud prevention, and misuse. Ritmo may withhold, revoke, or claw back referral rewards if it reasonably determines that the referral program has been abused, manipulated, or used in bad faith. Ritmo may modify, suspend, or discontinue the referral program at any time without prior notice.

8.4 Badges, Levels, Points, and Recognition Features

The Services may include engagement features such as badges, levels, points, and other recognition mechanisms. Unless expressly stated otherwise, these features are promotional and have no monetary value. They may not be transferred, sold, or exchanged. Ritmo may modify, suspend, or discontinue any engagement feature at any time.

8.5 Future Rewards

Ritmo may from time to time offer additional rewards, which may include non-monetary items, physical goods, loyalty points from brand partners, or other benefits. Any such rewards will be subject to terms presented to you at the time they are offered. Ritmo makes no commitment to offer or continue any particular reward and may modify or discontinue rewards at any time. Referral, brand-sponsor credit, and reward programs may be governed by separate promotional terms that apply in addition to these Terms. Where a promotion advertises that a purchase, subscription, or other activity will benefit a charitable organization, that promotion may be subject to state charitable solicitation, commercial co-venture, or professional fundraiser requirements, and Ritmo and participating partners will provide any disclosures required by applicable law.

You agree not to use the Services in violation of law or regulation; use the Services if you are under 18; interfere with or disrupt the Services; attempt to gain unauthorized access to systems, accounts, or data; use bots, scrapers, crawlers, or automated means to access or extract data from the Services, except as expressly authorized; copy, reproduce, distribute, reverse engineer, decompile, or create derivative works from the Services except as permitted by law; misuse referral, reward, badge, point, credit, or other engagement systems; engage in fraud, deception, abuse, harassment, or harmful conduct; or use the Services in a manner that could damage Ritmo, users, partners, nonprofits, or the public.

10.1

The Services, including the Ritmo name, branding, software, design, text, graphics, interfaces, and related content, are owned by or licensed to Ritmo and are protected by applicable intellectual property laws. Except for the limited right to use the Services in accordance with these Terms, no rights are granted to you.

10.2

The Services may display or provide access to content, names, trademarks, logos, information, or materials relating to nonprofits, partners, or other third parties. Such content remains the property of its respective owners. Ritmo's display of third-party content does not imply any affiliation, endorsement, or sponsorship relationship.

10.3

If you provide suggestions, ideas, or feedback, you agree that Ritmo may use them without restriction or compensation, unless prohibited by law.

11.1

We may modify, update, suspend, or discontinue all or part of the Services at any time, with or without notice, to the extent permitted by law. If we make a change that materially and adversely affects a paid feature you are using, we will give you reasonable advance notice and the ability to cancel, and changes to recurring charges are handled under Section 6. Any change to the Services does not alter the irrevocable nature of contributions already made or Givinga Foundation's control over the funds.

11.2

We do not guarantee that the Services or any feature will always be available, uninterrupted, error-free, or compatible with your device or payment method. In particular, we do not guarantee that any specific nonprofit, cause category, or engagement feature will remain available.

12.1

We may suspend, restrict, or terminate your access to the Services if you violate these Terms; we reasonably suspect fraud, abuse, unlawful conduct, or security risk; we are required by law or by a third-party partner relationship; or continued provision of the Services is no longer commercially or operationally feasible.

12.2

You may stop using the Services at any time. To close your account, contact us at corporate@joinritmo.com or use the account deletion feature in the app if available.

Upon account closure or termination, any portion of your contributions for which you have not submitted a recommendation remains a charitable asset held and controlled by Givinga Foundation and will be treated as described in Section 5.6 and Givinga Foundation's policies. Because contributions are irrevocable (see Section 5.2), no portion of your contributed funds can be returned to you. We will process pending recommendations and stop future recurring charges following closure, and any unused donation credits will expire upon account closure.

12.3

Termination does not affect rights or obligations that by their nature should survive termination, including Sections 5, 7, 11, 14, 15, 16, and 19. For clarity, upon account closure any remaining unallocated balance will be treated as described in Section 5.6.

13.1

Ritmo disclaims, to the extent permitted by law, all warranties, representations, and conditions, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, and quiet enjoyment.

13.2

Without limiting the foregoing, Ritmo does not warrant that the Services will always be available, secure, uninterrupted, or error-free; that any donation, grant, transaction, reward, or feature will always be completed or recorded without issue; that any nonprofit, cause, or donation will achieve a particular result, outcome, or impact; that any donation will qualify for tax benefits in any jurisdiction; that any impact estimate, cost-per-outcome figure, or nonprofit data displayed in the Services is accurate, current, or complete; or that Givinga Foundation or any payment provider will perform its obligations without delay or error.

14.1

To the maximum extent permitted by applicable law, Ritmo shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, business opportunities, or other intangible losses arising out of or related to the Services or these Terms.

14.2

To the maximum extent permitted by applicable law, Ritmo's aggregate liability arising out of or relating to the Services or these Terms shall not exceed the greater of the total amount of Service Contributions (not including donation amounts) you paid to Ritmo in the 12 months preceding the event giving rise to the claim, or USD 100.

14.3

For the avoidance of doubt, Ritmo is not liable for any act or omission of Givinga Foundation, any third-party payment provider, or any nonprofit organization, including any delay, error, or failure in donation processing, fund custody, grant disbursement, or receipt issuance.

14.4

Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law, including liability for intentional misconduct or gross negligence.

To the extent permitted by applicable law, you agree to indemnify and hold harmless Ritmo and its directors, officers, employees, and agents from and against claims, losses, liabilities, damages, and expenses (including reasonable legal fees) arising out of or relating to your misuse of the Services, your violation of these Terms, or your violation of applicable law or the rights of a third party.

Your use of the Services is also subject to our Privacy Policy, available at https://www.joinritmo.com/privacy . The Privacy Policy describes how we handle your information, including your donation history, cause and values preferences, any inferences or personalization (including through automated or AI systems), and payment-related data, and how that information may be shared with Givinga Foundation and payment providers. It also describes the privacy rights available to residents of certain states, including California and New York.

17.1

We may update these Terms from time to time. If we make material changes, we will provide notice through the Services, by email, or by other appropriate means at least 30 days before the changes take effect.

17.2

Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms, to the extent permitted by law. If you do not agree to the updated Terms, you must stop using the Services.

18.1

These Terms, and any dispute arising out of or relating to these Terms or the Services, are governed by the laws of the State of New York, without regard to conflict-of-law principles, except that mandatory consumer protection laws of your state of residence that cannot be waived may also apply

18.2

Subject to any mandatory rights you may have under applicable law, you and Ritmo agree that the state and federal courts located in New York County, New York will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services. Nothing in this Section limits your right to bring an individual claim in small claims court where permitted by law.

18.3

Notwithstanding the foregoing, nothing in this Section is intended to override mandatory consumer protection laws that apply in your jurisdiction of residence. If you are located in the United States, mandatory provisions of US federal law and the laws of your state of residence may apply to certain aspects of these Terms regardless of the choice of law above.

19.1

If you access the Services through a mobile application downloaded from the Apple App Store or Google Play Store, the following additional terms apply. Donations and payments made through the mobile application are subject to the applicable app store's rules and payment requirements. Depending on those requirements, charitable contributions may be processed outside the application (for example, through a web browser) rather than through in-app billing. The method by which a contribution or Service Contribution is collected will be disclosed to you before you complete the transaction.

19.2

You acknowledge that these Terms are between you and Ritmo only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). Neither Apple nor Google is responsible for the Services or the content thereof.

19.3

The license granted to you to use the Services is limited to a non-transferable license to use the application on a device that you own or control, in accordance with the usage rules set forth in the applicable app store terms of service.

19.4

Ritmo, not Apple or Google, is solely responsible for the Services, including any product warranties, content, maintenance, and support. Neither Apple nor Google has any obligation to provide maintenance or support services with respect to the Services.

19.5

In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple or Google, and they may refund the purchase price of the application, if any. To the maximum extent permitted by applicable law, neither Apple nor Google has any other warranty obligation with respect to the Services.

19.6

Neither Apple nor Google is responsible for addressing any claims by you or any third party relating to the Services, including product liability claims, consumer protection claims, intellectual property claims, or any claim that the Services fail to conform to any applicable legal or regulatory requirement.

19.7

In the event of any third-party claim that the Services or your use of the Services infringes that third party's intellectual property rights, Ritmo, not Apple or Google, shall be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

19.8

You represent and warrant that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.

19.9

Apple and Google, and their subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple and Google will have the right to enforce these Terms against you as a third-party beneficiary thereof.

20.1

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect.

20.2

Our failure to enforce a provision is not a waiver.

20.3

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, restructuring, or sale of assets.

20.4

These Terms constitute the entire agreement between you and Ritmo regarding the Services, except where additional terms apply to specific features (such as referral program terms, reward terms, or Givinga Foundation's policies).

20.5

Headings in these Terms are for convenience only and have no legal effect.