End User Agreement
Please review these terms of use carefully before accessing or using the system.
These terms of use (“Terms of Use”) govern the platform and related services provided by BNFTcares.org, which include BNFTcares.org’s workplace-facing offerings — among them PTO Exchange and employee engagement tools for donations, volunteering, employee groups, challenges and missions — as well as public and client-sponsored donation websites (together, the “System”). These Terms of Use replace any earlier version of these Terms of Use previously in effect between you and BNFTcares.org with respect to the System.
By accessing or using the System, you accept these Terms of Use, as they may be updated from time to time, and you confirm that you are forming a direct relationship with us — and, where you donate to a Foundation we partner with, a direct relationship with that Foundation as well — separate from and in addition to any relationship you may independently have with your employer, a Corporate Sponsor, a Matching Partner, and/or a Charitable Organization. If you need help using the System, refer to the “Help” and/or FAQ resources within the System. Details on how BNFTcares.org collects, uses and stores your personal information appear in our Privacy Notice (linked in the page footer under Privacy Notice), which is incorporated into these Terms of Use by reference.
Before diving in, here’s a quick rundown of who’s who:
| Who/What | Meaning |
|---|---|
| BNFTcares.org/We/Us | PTO, Inc. and its affiliates, including but not limited to BNFT.com, BNFTcares.org, BNFTcaresfoundation.org and BNFTcares Foundation (“our” means anything belonging to us) |
| You | You — the individual using the System (“your” means anything belonging to you) |
| Your employer | The company or organization that employs or contracts you, provided it has an agreement with us |
| Corporate Sponsor | Any organization, other than your employer, that uses the System to run a Giving Program |
| Matching Partner | An organization that partners with your employer or a Corporate Sponsor to provide matching donations (for example, a charitable foundation affiliated with your employer) |
| Charitable Organization(s) | A charity or other nonprofit organization |
| Foundation(s) | One or more independent charitable foundations that partner with us to receive and distribute donations to Charitable Organizations |
| Giving Program | A donation program operated by us, a Corporate Sponsor, and/or your employer |
1. Accessing the System; Your Profile and Account Obligations
1.1 Access to the System. We provide you access to the System under an arrangement with your employer and/or through a Giving Program administered by us, a Corporate Sponsor, and/or your employer. In return for this access, you:
- confirm that you have the legal capacity, eligibility and authority to enter into these Terms of Use under applicable law;
- confirm that the information you submit to the System is accurate and agree to keep it up to date;
- agree to comply with all applicable laws and regulations when using the System or participating in any activity or opportunity offered through it, and acknowledge that BNFTcares.org, the Foundations, your employer, a Corporate Sponsor and a Matching Partner may not be aware of every law that applies to you;
- agree to follow the specific rules of any activity or opportunity you take part in through the System, including keeping other System users’ information confidential where required or reasonably expected;
- may maintain only a single account on the System;
- are responsible for keeping your System password confidential and for all activity that occurs under your account;
- authorize us to rely on and act upon any changes, instructions or activity submitted to your account using your password;
- agree to treat our staff and other System users respectfully;
- agree that we may deliver important notices about the System or your account to your work email and/or any alternate email address you give us;
- acknowledge that certain System features may let you consent to sharing your information with others through the System, and agree that such consent (and any withdrawal of it) is governed by the terms of the applicable consent mechanism, which are incorporated into these Terms of Use by reference;
- agree not to impersonate anyone else, and not to let anyone impersonate you or use your System account;
- agree to notify us promptly if you become aware of any unauthorized access to or use of your account;
- agree not to use anyone else’s credit card, online payment account or other payment method, and not to let anyone else use yours, on the System;
- agree not to deliberately interfere with the operation of the System or any Giving Program;
- agree not to conspire with any other person or organization – including, among others, your employer, a Charitable Organization, a Corporate Sponsor or a Matching Partner – to breach these Terms of Use or any other applicable terms and conditions;
- agree not to disassemble, decompile, reverse engineer, copy, modify, create derivative works from, display, publish, distribute, post, broadcast or otherwise share any Material (as defined below) with a third party without BNFTcares.org’s prior written consent;
- agree not to use any bot, crawler or other automated or manual tool to monitor, scrape or copy the System or its content; and
- agree not to submit any link or content that:
- was submitted in exchange for payment or other consideration from someone else,
- infringes our intellectual property or other rights, or those of any other person or entity,
- breaches a duty of confidentiality you owe to anyone,
- is harassing, defamatory, abusive, lewd, pornographic, obscene, or otherwise objectionable,
- contains or installs viruses, worms, bugs, Trojan horses, malware, or other code capable of disrupting, damaging or limiting the functionality of any software or hardware, or
- contains false or misleading statements, unsupported or comparative claims about our or others’ products, advertising, commercial referrals, spam, chain letters, or any other solicitation, including solicitation of legal claims.
1.2 Everything contained in the System — including, without limitation, software, designs, text, images, photographs, illustrations, audio, video, artwork, graphics, animation and other copyrightable elements, along with their selection and arrangement, and all trademarks, service marks, trade names, trade dress and patents (collectively, the “Material”) — belongs to BNFTcares.org, its licensors, or other respective owners, and is protected under applicable copyright, trademark and patent law. Any feedback you submit through the System becomes the sole property of BNFTcares.org.
1.3 We may, at our sole discretion and without advance notice to you:
- remove content that you or others submit or post to the System; and
- suspend or terminate your System account if we believe you have violated any part of these Terms of Use, or for any other reason, without limiting any other action we may be legally entitled to take against you.
Your employer, a Corporate Sponsor, and/or a Matching Partner may also suspend or end your participation in any Giving Program for any reason, without prior notice.
2. Releases, Liability Limits, Disclaimers and Indemnification
2.1 Releases. THE RELEASES SET OUT IN THESE TERMS OF USE APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE TO RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS BNFTCARES.ORG AND EACH FOUNDATION (AS DEFINED IN THESE TERMS OF USE), ALONG WITH THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS AND REPRESENTATIVES, FROM ANY LIABILITY FOR THE FOLLOWING:
- ANY DIRECT, INDIRECT, SPECIAL, COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, CLAIMS, LOSSES OR EXPENSES OF ANY KIND, HOWEVER ARISING, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, LOSS OF USE, LOST OR CORRUPTED DATA, PROPERTY DAMAGE, LOST PROFITS, OPPORTUNITY COSTS, BUSINESS INTERRUPTION, OR ANY OTHER ECONOMIC LOSS ARISING FROM YOUR USE OF THE SYSTEM; OR
- ANY RELIANCE ON INFORMATION PROVIDED ON THE SYSTEM OR OTHERWISE, ANY DAMAGES YOU MAY SUFFER IF YOU TRANSMIT CONFIDENTIAL OR SENSITIVE INFORMATION TO US OR IF WE COMMUNICATE SUCH INFORMATION TO YOU AT YOUR REQUEST, OR ANY DAMAGE RESULTING FROM EQUIPMENT FAILURE, INTERNET FAILURE, OR THIRD-PARTY SYSTEM FAILURE.
YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE TO COMMENCE OR PARTICIPATE IN A CLASS ACTION AGAINST BNFTCARES.ORG OR ANY FOUNDATION AND, WHERE APPLICABLE, YOU AGREE TO OPT OUT OF ANY CLASS ACTION PROCEEDING AGAINST BNFTCARES.ORG OR A FOUNDATION.
THESE RELEASES APPLY REGARDLESS OF WHICH PARTIES OR PORTION(S) OF THE SYSTEM WERE INVOLVED, HOW THE LOSS AROSE, OR THE THEORY OF LIABILITY — INCLUDING WITHOUT LIMITATION NEGLIGENCE (IN WHOLE OR IN PART), STRICT LIABILITY, AND BREACH OF CONTRACT — AND WILL SURVIVE TERMINATION OF YOUR USE OF THE SYSTEM AND THESE TERMS OF USE FOR ANY REASON.
2.2 Limitation of Liability. If a court of competent jurisdiction sets aside any part of the releases above and finds BNFTcares.org or a Foundation — or any of their respective directors, officers, employees, agents, affiliates, successors, assigns or representatives — liable for an act or omission connected to these Terms of Use, you agree that liability is capped at USD$100 in total, except that where applicable law does not permit this cap, liability is instead limited to the lowest amount that law allows.
2.3 Disclaimers. The System is provided on an “as is” and “as available” basis, without warranties or representations of any kind, express or implied. We do not guarantee that the System’s features will operate without interruption or error, or that defects will be fixed. We make no representation or warranty regarding the legitimacy or legal status of any Charitable Organization listed on the System — Charitable Organization listings are based on information supplied and maintained by the relevant charitable regulatory authorities in each applicable country. Content posted by a Charitable Organization, your employer, a Corporate Sponsor, or any other System user is that entity’s sole responsibility, does not necessarily reflect BNFTcares.org’s or the Foundations’ views, and we make no representation or warranty as to its accuracy, legitimacy or reliability.
2.4 Indemnification. Indemnification obligations under these Terms of Use apply to the extent permitted by law. In exchange for your access to and use of the System, you agree to indemnify BNFTcares.org, the Foundations, and your employer, Corporate Sponsor and Matching Partner, as applicable, together with their respective directors, officers, employees, agents, affiliates, successors, assigns and representatives, against any liability, claims, tax liability, penalties, fees, costs (including legal fees), losses, expenses and causes of action arising out of or connected to your use of the System and/or your participation in any activity or opportunity offered through it, including any breach of these Terms of Use or any fraud, misrepresentation or abuse by you or anyone using your account.
3. Volunteering
This Section applies if your access to the System includes BNFTcares.org’s volunteering solution. You acknowledge and agree that:
- a Charitable Organization, your employer, you, and/or others employed or contracted by your employer may create, post, and/or take part in opportunities or activities offered through the volunteering solution;
- BNFTcares.org and the Foundations bear no responsibility for your participation in, or for the content or information provided through, the volunteering solution, including the accuracy or reliability of any information shown or any risk or outcome tied to a particular volunteering opportunity or activity;
- BNFTcares.org’s role is limited to providing the volunteering solution through the System; we do not organize or take part in the volunteering opportunities or activities themselves;
- for any specific volunteering opportunity or activity, any relationship you have is directly with the Charitable Organization, your employer, others employed or contracted by your employer, and/or other participants in that opportunity or activity, as applicable; and
- if your employer, a Corporate Sponsor, or a Matching Partner elects to donate to a Foundation in recognition of your volunteer hours, you may be given the opportunity to make a Donor Recommendation (as defined below) of a Charitable Organization through your System account, subject to the Giving Programs section of these Terms of Use.
4. Giving Programs
This Section governs your participation if you have access to a Giving Program.
4.1 Donations - How it Works. Each time you make a donation through the System, one of the Foundations receives it directly. Along with your donation, the applicable Foundation also receives your donor preferences and/or advice — sent through the System — regarding which recipient Charitable Organization(s) you’d like to support, based on the Charitable Organization(s) you selected in the System (a “Donor Recommendation”). The Foundation pools all donations, including any matching contributions from your employer, Corporate Sponsor and/or Matching Partner, and disburses funds to Charitable Organizations for charitable purposes. Although the Foundations aim to honor Donor Recommendations, they are not required to, because applicable law requires the Foundations to retain exclusive legal ownership and control over donated funds, along with discretion and variance power over them. Donations are non-refundable. Interest earned on donated funds belongs to the respective Foundations.
The table below (Table 1) shows the Foundations currently available by country offering; your employer and/or the Corporate Sponsor may have selected only a subset of these for your applicable Giving Program(s), and BNFTcares.org may update this list and/or its country offerings at any time, at its sole discretion.
| Country Offering | Foundation |
|---|---|
| United States | BNFTcares Foundation |
4.2 Restrictions on Donations. Applicable laws and regulations make it your responsibility to ensure that no donation or Donor Recommendation you make, directly or indirectly, in whole or in part, is made:
- to satisfy an obligation that is legally enforceable against you or anyone else; or
- in return for more than an incidental benefit, or any other impermissible private benefit, received by you or anyone affiliated with you — including memberships, dues, tickets, sponsorships, meals, or tuition; or
- to any Charitable Organization in which you hold a controlling or financial interest.
You’re also responsible for confirming — under any other laws and regulations that apply to you — that you’re permitted to make a donation and Donor Recommendation BEFORE doing so.
4.3 Matching. If your donation is part of a matching initiative — whether peer matching or matching from your employer, a Corporate Sponsor, or a Matching Partner — the displayed match amount is only an estimate, based on what the relevant peer, employer, Corporate Sponsor, or Matching Partner has indicated it will contribute. BNFTcares.org and the Foundations are not responsible if that matching entity does not fulfill the estimated amount.
4.4 Recurring Payroll or Credit Card Donations. You can update your System settings at any time to stop or modify future recurring payroll or credit card donations. However, a change will not take effect for the next scheduled donation if that donation has already been committed or is already in process.
4.5 Donation Documentation. For actual donations received in accordance with these Terms of Use, the applicable Foundation may provide you documentation evidencing your donation — as a PDF accessible through the System, by email, on your payroll record, or by another method. This may be issued right away for a one-time credit card or other online payment donation, or on a different schedule for payroll giving or recurring donations, generally no later than two (2) months after the end of the calendar year in which you donated. You will not receive this documentation if you haven’t provided the required information by December 31 of that calendar year, or if the Foundation determines it cannot legally issue it. BNFTcares.org and/or the applicable Foundation may void or cancel any donation documentation that was issued in error for any reason, and you are responsible for any tax consequences that result from improperly relying on voided or canceled documentation.
A donation may qualify for a tax deduction, but we don’t provide tax or legal advice and make no representation as to whether documentation issued by a Foundation will produce any tax benefit for you. Speak with your own tax and legal advisors about the actual tax or other effects of donations you make through the System.
4.6 Deductions and Fees. The Foundations’ fee schedule, available at Fee schedule, lists the fees and amounts the Foundations deduct or use to run their charitable operations. These may be deducted by the Foundation before disbursement, or paid directly to the Foundation by your employer, Corporate Sponsor, or Matching Partner, and include, without limitation:
- amounts the Foundations deduct or use to cover administrative and operating expenses (ask your Giving Program administrator for the specific amount and whether your employer, Corporate Sponsor, or Matching Partner covers it);
- payment processing charges; and
- fees for manual check disbursements.
4.7 Disbursement Timing. Each Foundation decides, at its sole discretion, whether and when to disburse funds to Charitable Organizations. A Foundation will typically disburse to a Charitable Organization during the calendar month after the one in which it received the donation (for example, a donation received in January would typically be disbursed, net of deductions and fees, to a Charitable Organization in February) — but there are exceptions to this regular schedule, such as minimum or maximum donation/disbursement thresholds, a Charitable Organization requiring different timing, or the special circumstances described below, among others.
4.8 Special Circumstances. In certain circumstances, a donation cannot be disbursed according to a Donor Recommendation, including, without limitation, where:
- a Donor Recommendation isn’t submitted within the timeframe the relevant Giving Program requires;
- a required matching contribution hasn’t been delivered to the Foundation by the entity responsible for the match;
- the recommended Charitable Organization is no longer registered or in good standing with the relevant regulatory agency, or has otherwise been suspended or removed from our Charitable Organization database; or
- the Foundation exercises its discretion over the donated funds and declines to follow the Donor Recommendation.
In that case, the Foundation decides which Charitable Organization will receive the disbursement and when. At its sole discretion, the Foundation may allow you, your employer, or the Corporate Sponsor to submit an alternate Donor Recommendation, but it is not required to.
4.9 Disbursement by Check. To improve efficiency, we encourage recipient Charitable Organizations to supply electronic banking details so they can receive disbursements electronically. If a U.S. or Canadian Charitable Organization hasn’t enrolled for electronic payment through the System, a disbursement may instead be sent by check; the online fee schedule at Fee schedule sets out the applicable terms, including check thresholds and fees.
4.10 Payroll Deductions. If you take part in a workplace Giving Program and donate through payroll deduction, accepting these Terms of Use means you irrevocably instruct your employer (or its designee) to transfer the wages you’ve designated for donation — whether a one-time or recurring payroll deduction — from your employer to the applicable Foundation through the System. Regarding your employer’s or its designee’s custody of those funds until they’re transferred to the Foundation, you acknowledge and agree that:
- your employer or its designee has agreed to serve as the Foundation’s limited agent for those funds until they’re transferred;
- those funds may be pooled together with donation funds from other System users;
- acting as agent, your employer or its designee has all the powers an individual would have over those funds, including everything needed to handle and transfer them under these Terms of Use and any applicable Giving Program;
- your employer or its designee is under no obligation to invest the funds; and
- BNFTcares.org and/or the applicable Foundation may amend the terms of this agency arrangement at its or their sole discretion, without notifying you.
5. Miscellaneous
5.1 Applicable Law and Jurisdiction. These Terms of Use are governed by and construed in accordance with the laws of the State of Washington, without regard to that jurisdiction’s conflict-of-laws principles, and your use of the System is likewise governed by those laws. The courts of the State of Washington have exclusive jurisdiction over any dispute arising from your use of the System or these Terms of Use. YOU IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL.
5.2 Entire Agreement. For the matters these Terms of Use address and your use of the System, these Terms of Use represent the complete agreement between you and BNFTcares.org and/or the Foundations, as applicable.
5.3 Foundation Rights. You acknowledge that the obligations you undertake under these Terms of Use run to, and are for the benefit of, both us and the applicable Foundations. Beyond our own rights, you acknowledge that each applicable Foundation, as a third-party beneficiary, may enforce these contractual obligations and is entitled to the remedies available under these Terms of Use.
5.4 No Waiver. If we don’t exercise or enforce a right available to us under these Terms of Use, that isn’t a waiver of that right — we remain free to exercise or enforce it, or any other right, at our sole discretion.
5.5 Severability. Should a court of competent jurisdiction find any provision of these Terms of Use invalid or unenforceable, that provision will be limited only to the extent necessary, and the rest of that provision along with every other provision of these Terms of Use will remain in full force and effect.
5.6 Survival. Any provision of these Terms of Use that by its nature is meant to outlast termination — including, without limitation, the releases, liability limitations, disclaimers, indemnification obligations, ongoing duties, proprietary rights, and miscellaneous provisions — will continue to apply after termination.
5.7 Assignment. We may transfer some or all of our rights and/or obligations under these Terms of Use to another party, for any reason, without notifying you or obtaining your consent.
5.8 Headings. Headings appear in these Terms of Use solely for the reader’s convenience and are not meant to influence how these Terms of Use are interpreted.
5.9 Governing Language. These Terms of Use may be translated into one or more languages other than English. If any translated version conflicts with the English version, the English version controls and is the official text.
6. Updates
At our sole discretion, we may revise these Terms of Use at any time by posting an updated version on the System and/or our website; the new version takes effect as soon as it’s posted. By continuing to use the System after that, you accept the revised Terms of Use.
Questions about these Terms of Use, your use of the System, or anything related to Giving Programs or the volunteering solution can be directed to support@bnftcares.org.
Last updated: September 2026