1. Introduction

Welcome to Evergive. Evergive is designed to help charities benefit from both immediate support and long-term sustainable funding, guided by donor recommendations.

These Terms and Conditions (“Terms”) explain how donations made through Evergive are processed and used. By making a donation through Evergive, you agree to these Terms.

Donations may be made:

• directly via the Evergive website; or

• through third-party websites, platforms, or charities that integrate Evergive technology.

Donations made through Evergive are received by a registered charitable organisation operating a donor-advised fund or similar charitable structure (a “DAF Partner”).

The specific DAF Partner receiving your donation will be clearly identified during the donation process or on the relevant donation page.

Evergive provides technology and fundraising services that facilitate donations to these charities. Evergive does not receive, hold, or control donated funds.

Donors may recommend charities or causes they would like to support. However, the trustees or governing body of the relevant DAF Partner retain ultimate legal discretion over the use of all donated funds in accordance with charity law.

2. Donations

All donations made through Evergive are irrevocable and non-refundable once processed, except where required by law or in the case of a clear administrative error.

For administrative and investment purposes, donations may be pooled with other charitable funds managed by the DAF Partner. The DAF Partner maintains internal records of donor recommendations so that grants can ordinarily be made in line with those recommendations. These internal records help guide grant-making but do not create legally binding restrictions.

When making a donation, you may recommend that funds be granted to a particular charity or charitable cause.

The DAF Partner will ordinarily seek to follow donor recommendations, provided the recommended organisation is eligible to receive charitable funds and doing so is consistent with the DAF Partner’s legal and regulatory obligations. Trustees must retain ultimate discretion over the use of funds in accordance with charity law and the charity’s governing documents.

In the ordinary course, grants are made in line with donor recommendations.

In rare circumstances it may not be possible to follow a donor’s recommendation, for example where a charity:

• does not meet the DAF Partner’s due diligence requirements

• ceases operating or becomes ineligible to receive charitable funds

• becomes subject to regulatory or legal restrictions.

In such cases, trustees may redirect funds to a similar eligible charity or charitable purpose in a way that seeks to respect the donor’s original intent as closely as possible.

3. Payment Processing

Donations are processed through secure third-party payment providers (for example Stripe).

By making a donation you also agree to the applicable terms and conditions of the relevant payment provider.

Evergive does not store full payment card details. Payment information is processed directly by the payment provider in accordance with its security standards.

3A. Compliance and Financial Crime Prevention

The DAF Partner and Evergive may carry out reasonable checks to comply with applicable laws relating to anti-money laundering, sanctions, fraud prevention and financial crime.

Where required by law or where reasonably necessary to manage risk, donations may be delayed, declined, returned, or subject to additional verification procedures.

4. Charities and Eligibility

Charities recommended to receive grants must satisfy the due diligence and eligibility requirements of the relevant DAF Partner.

To remain eligible, charities must:

• pass initial due diligence checks

• remain in good standing with relevant regulators

• provide reasonable reporting or information if requested

The DAF Partner may pause, withhold, or decline grants if a charity fails to meet these requirements.

Charities recommended by donors do not have a legal right to receive funds. However, where charities meet the DAF Partner’s eligibility requirements, grants are ordinarily made in line with donor recommendations, at the discretion of the DAF Partner’s trustees or governing body.

5. Use of Donations

The DAF Partner manages donations in accordance with its charitable purposes and governing policies.

Donations may be allocated to charitable reserves or other funding structures designed to support charitable grant-making over time. Donations made through Evergive constitute unconditional charitable donations to the relevant DAF Partner. Both legal and beneficial ownership of donated funds vest in the DAF Partner upon receipt.

The trustees or governing body of the DAF Partner determine how funds are managed and distributed, taking into account donor recommendations, long-term sustainability of charitable funding, and the charity’s policies.

Donors and recommended charities do not gain ownership rights, control, or entitlement to specific funds or returns.

Timing of Grants

Donations made through Evergive may be applied by the relevant DAF Partner over time rather than immediately, particularly where donations contribute to charitable reserves designed to support sustainable long-term funding for charities.

Where donations are allocated to charitable reserves or long-term funding programmes, grants to recommended charities may be made periodically or over an extended timeframe, as determined by the trustees of the DAF Partner.

While trustees determine the timing of grants, the intention of the Evergive model is to support charities over time through sustainable grant-making informed by donor recommendations.

6. Management of Charitable Reserves

Where donations are allocated to charitable reserves, the DAF Partner may manage those funds in accordance with its investment and reserve policies.

Funds may be held in cash or other assets as determined by the trustees or governing body of the DAF Partner. These assets may include digital assets (for example Bitcoin) or other asset classes selected in accordance with the DAF Partner’s investment and reserve policies. The mix of assets may change over time depending on strategy and market conditions.

Donors do not direct or control how charitable reserves are managed and do not acquire any interest in, or exposure to, particular assets held by the DAF Partner.

The purpose of any reserve is to support sustainable charitable grant-making over time and to enable charities supported through Evergive to benefit from long-term funding stability.

7. Donations Made via Partner Websites

In some cases donations may be made via a partner charity’s website or platform using EverGive technology.

In these cases, payment may be collected or processed by the partner charity or another third party acting as collection agent for the DAF Partner. The funds are then remitted to the relevant DAF Partner in accordance with agreed arrangements. The legal recipient of the donation (the DAF Partner) will be identified during the donation process.

Once received by the DAF Partner, donations are managed in accordance with its policies and the discretion of trustees.

8. Gift Aid (UK Donations)

Gift Aid allows eligible UK taxpayers to increase the value of their donation at no extra cost.

Where a donation is legally made to the relevant UK DAF Partner and you have completed a valid Gift Aid declaration, the DAF Partner may claim Gift Aid from HMRC in accordance with HMRC requirements.

In some donation flows (for example, where EverGive technology is embedded on a partner website), the donation payment may be collected or processed via a third party for operational reasons. This does not change the legal recipient of the donation (the relevant DAF partner charity), which will be identified during the donation process.

Any Gift Aid successfully claimed will be added to the DAF Partner’s charitable funds and applied for charitable purposes at trustee discretion, in line with these Terms.

The DAF Partner may deduct a reasonable administration fee from Gift Aid reclaimed to cover the costs of claiming and administering Gift Aid, where disclosed during the donation process or on the relevant donation page.

9. Investment and Capital Growth

Funds held by a DAF Partner may be managed in assets that may increase or decrease in value over time as part of the charity’s strategy to support sustainable charitable grant-making.

Trustees may choose to:

• reinvest gains to strengthen charitable reserves

• distribute funds through additional grants

• retain reserves to support grant stability

• apply funds toward reasonable operational costs permitted under charity law.

Donors and charities do not have any entitlement to investment returns or capital gains.

Nothing in these Terms constitutes investment advice or an invitation to acquire any investment or cryptoasset. Any acquisition or disposal of assets by the DAF Partner is undertaken solely by the DAF Partner in furtherance of its charitable purposes and at the discretion of its trustees.

10. Transparency and Reporting

Evergive may provide donors with updates about the overall impact of donations made through the platform.

These updates may include information such as:

• total donations raised

• aggregate reserve growth

• grants distributed to charities or causes.

These updates are intended to help donors understand how charitable funds raised through Evergive are supporting charities and causes over time.

These updates are provided for transparency only and do not create individual rights to specific funds or outcomes.

11. Recurring Donations

If you set up a recurring donation, you may cancel future payments at any time by contacting Evergive at contact@evergive.com.

Cancellation requests should be submitted at least two business days before the next scheduled payment.

If cancellation is requested later than this, the upcoming payment may still be processed but future payments will be cancelled.

12. Fees

The full value of your donation is received by the DAF Partner.

Evergive does not deduct fees from individual donations.

Evergive may receive fees from DAF Partners or from partner charities under separate agreements. These may include:

• fundraising or technology platform fees

• service or partnership fees

• performance-based fees linked to growth in charitable reserves.

These arrangements do not reduce the value of your donation.

13. Commercial Arrangements with Partner Charities

Evergive may enter into separate commercial or operational arrangements with partner charities in connection with the use of the Evergive platform or referral donation programmes.

These arrangements may include promotional support, service agreements, or other commitments made by Evergive in its own capacity.

Such arrangements do not alter the legal nature of donations made through Evergive, do not create any entitlement for donors or charities to receive specific payments, and do not affect the independent discretion of the DAF Partner’s trustees in determining whether, when, and how grants are made.

14. Data Protection

Evergive and the relevant DAF Partner process personal data in accordance with applicable data protection laws, including the UK GDPR where applicable.

Personal data may be used to:

• process donations

• administer Gift Aid where applicable

• communicate with donors who have opted to receive updates.

Please see our Privacy Policy for further details.

15. Marketing Communications

You may opt in to receive updates from Evergive about your donation and charitable impact.

You can unsubscribe at any time using the link in our emails or by contacting us directly.

16. Cookies

Our website uses cookies to improve user experience and collect analytics information.

By using our website you consent to the use of cookies as described in our Cookie Policy.

17. Liability

Evergive provides technology and fundraising services that facilitate donations to charitable organisations.

Evergive does not receive, hold, or control donated funds.

The trustees or governing body of the relevant DAF Partner retain full discretion over how donations are used in accordance with charity law.

While the DAF Partner’s trustees aim to follow donor recommendations wherever reasonably possible, charity law requires that final grant decisions remain at the discretion of the trustees.

Funds may be managed in assets that fluctuate in value. Neither Evergive nor the DAF Partner are responsible for the performance of such assets or any reduction in their value.

Neither Evergive nor the DAF Partner are responsible for how recipient charities ultimately use grants, provided such use falls within their charitable purposes.

To the maximum extent permitted by law, the total liability of Evergive and the relevant DAF Partner to any donor in connection with these Terms will not exceed the total value of donations made by that donor through Evergive during the preceding twelve (12) months.

Nothing in these Terms excludes any liability that cannot legally be excluded.

18. Termination of Services

If Evergive ceases operations, the relevant DAF Partner will continue to manage all donations already received in accordance with its charitable purposes and trustee discretion.

If a DAF Partner ceases operations, its remaining assets will be transferred to another registered charity with similar purposes in accordance with applicable charity law.

19. Changes to These Terms

Evergive may update these Terms from time to time. The latest version will always be available on our website.

20. Governing Law

These Terms are governed by the laws of England and Wales unless otherwise required by applicable law in the jurisdiction of the relevant DAF Partner.

Any disputes arising in connection with these Terms will be subject to the jurisdiction of the courts of England and Wales.