Terms of Service

Last Updated: February 12, 2025

Acknowledgment and Acceptance of Terms of Service

Truth Endeavors Inc, an Oregon corporation (hereinafter referred to as “Truth Endeavors”, “Embrace”, “we” or “us”) provides certain services described below (collectively the “Services”) on or through our website and other channels, App.GetEmbrace.co, (the "Site" or "Platform"). By using our Site and/or the Services, you agree to the following terms and conditions (the "Terms of Service"). If you do not understand or agree with these Terms of Service, please do not use the Site or the Service and do not register to be a member of the Site.

If you have any questions or concerns regarding these Terms of Service, please let us know by contacting us through the "Help" page or by writing to us at

Truth Endeavors Inc.
PO Box 115
Canby, OR 97013

By completing the registration process or using any part of the Service , you agree to be bound by all of the terms and conditions herein. You may continue to use the Site and the Services as long as you adhere to these Terms of Service. Embrace may update these terms of service from time to time. Where possible Embrace will provide notice of substantive changes to these Terms of Service and, if appropriate, we may inform users of such changes via email or other appropriate means. Continued use of Site and Services after the date of any such changes constitutes acceptance of the updated Terms of Service.

Overview

The Site offers Services that generally allows an individual to create and maintain a community campaign (hereinafter referred to as a “Campaign) for a designated recipient. The Service includes, without limitation, tools to: send email invitations to friends, receive email invitations, organize a fundraising campaign, share updates and tools. In addition, coordinators and recipients of the benefits of the Services may choose to use the platform to post bills and expenses (“Bill Details”) to accept monetary donations ("Donations") from those users wishing to contribute funds to the recipient ("Donors") or facilitate the purchase of gift cards for the recipient.

Eligibility

Use of the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service. You must be an individual of 16 years of age or older to register or use the Site or the Service but if under age 16 you must have parental or guardian consent. You must be 18 years or older to access any Donations.

Privacy Policy

It is Embrace’s policy to respect the privacy of its users. Embrace’s policies with regard to personally identifiable information it collects from you, what information third parties affiliated with Embrace collect from you, and how that information is used is governed by the Embrace Privacy Policy, which may be found at https://www.GetEmbrace.co/privacy_policy/.

License to Use and Access the Embrace Service

Embrace grants you a limited license to access and make personal use of this Site and the Services subject to these Terms of Service. This Site or any portion thereof, may not be reproduced, modified, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without the prior express written consent of Truth Endeavors, Inc. You may not access or use the Site or the Services to create a competitive offering.

Use of the Site at Your Own Risk

Your access to and use of the Site and Services and is at your own risk. Embrace will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Site or Services.

Registration, My Campaign Page and Inbox

You are required to be a registered user via the Site if you want to organize a Campaign, create a Campaign web page, send an invitation, raise funds to cover bills or medical expenses, save and access saved information, view and edit your "Campaign" page, and upload photos. Not all of the features in the previous sentence may be available at any given time and Embrace may require registration for additional features that may be developed or added to the Embrace Service from time to time. In order to register as a user, you must supply a valid email address, which will be used as a unique identifier for your profile, your name, and a password.

You hereby agree that you:

are solely responsible for maintaining the confidentiality of your password and profile;
will not to transfer your email address or password to any third party;
will not to lend or otherwise transfer your use of or access to the Embrace Service to any third party;
are solely responsible for any and all activities that occur under your profile;
may change your password, or any other profile information, at any time by following instructions available on your "Campaign" page or as outlined in the privacy policy; and
will immediately notify us of any unauthorized use of your profile or any other breach of security related to your profile or the Embrace Service, and to ensure that you "log off"/exit from your profile (if applicable) at the end of each session.

You further acknowledge and agree that we are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

In addition, you agree to provide and maintain accurate information about you and update your profile if any of your information changes. Embrace reserves the right to terminate you as a user of the Services and the Site if any information provided by you is false or inaccurate.

Description of the Embrace Service

The Services enable the following activities:

Campaigns: Community coordination programs that allow coordinators to specify expenses and fundraising needs of the recipient and to coordinate fundraising campaigns;
Bills & Expense Details: Allows Donors to see the impact a donation has on designated expenses and fundraising needs;
Transactions: Facilitation of payments by Donors to a Campaign; however the transaction is consummated and completed on a third-party platform as described below; and
Certain other administrative features.

Each Campaign coordinator represents and warrants to Embrace and all Donors to that Campaign that (i) all information provided in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud or deceive any other party; (ii) all Donations contributed to a Campaign will be used solely for the named recipient of the campaign and as described by the coordinator; and (iii) that the coordinator will comply with these Terms of Service and all applicable local, state, and federal laws in connection with use of the Services including, without limitation any laws relating to marketing and solicitation for Donations. We reserve the right to provide information relating to your Campaign with Donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation. We reserve the right to disable your Donation Fund at any time for any reason.

We do not charge a Campaign coordinator any upfront fees for initiating a Campaign. We retain a flat fee from each registered Donor collected once per calendar year on their first contribution to a Campaign.

Our third party payment processor (GoCardless.com) (“3rd Party Processor”) may charge the following fees for exceptions processing: $15.00 per chargeback (in addition to the amount of the chargeback); $15.00 per ACH return (in addition to the amount of the return). Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to the applicable terms and conditions set forth by our 3rd Party Processor found at GoCardless’ Terms of Service, in addition to these Terms of Service. We may opt to change our 3rd party processor at any time. In such event we will notify you of any new or additional terms and conditions that shall apply. This will not impact the fee structure for existing Campaigns.

We reserve the right to change our Campaign fee pricing from time to time by updating the terms hereof. Your continued use of the Services after the fee change is published constitutes your acceptance of the updated Fees.

Payouts: We and our 3rd Party Processor strive to make payouts available to you promptly. You acknowledge and agree that payouts may not be available to you for immediate use, and wedo not guarantee that payouts will be available to you within any specific time frame, and we expressly disclaim any and all responsibility for any delay or inability to access and use payouts at any specified time, and any consequences arising from such delay or inability. You are responsible for ensuring that the information you provide to the Services and our 3rd Party Provider in order to process a payout, including bank account information, is accurate and up to date. We are not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by issuing refunds, including, but not limited to transaction or overdraft fees.

We may solicit financial contributions from users from time to time to support the operational and marketing costs of providing the Service. Making a financial contribution to us is completely voluntary and has no impact on our obligation to provide the Service. Truth Endeavors, Inc. is not a 501(c)3 organization and financial contributions are not tax deductible under U.S. tax code. Acceptance of a financial contribution by Truth Endeavors, Inc. does not create any obligation for Truth Endeavors, Inc. to fulfill.

Using the Services

Embrace Campaign Creation: To create an Embrace Campaign, you must provide the recipient’s name and email. In addition, the coordinator must be a registered user and have agreed to our Terms of Service and Privacy Policy. Providing additional personal information including dates available to receive meals, meal preferences, services, tasks, nature of the Embrace Campaign, photos, and updates is completely optional.

Invitations and Inclusion on the Participant list: All participants to an Embrace Campaign must be invited by the recipient, coordinator, or other participants on the Embrace Campaign. Truth Endeavors will not provide the unique URL upon participant request. Upon being invited, a user can view the Embrace Campaign, view any optionally provided information, read updates, view photos, participate in a Donation Fund, or send a gift card without creating a user account.

If you are invited from within the Services, book a date, make a donation, give a gift card, or become a registered user, your email will be added to the Participant list for that Embrace Campaign. Non-registered users, including those who have made a donation or gift card purchase listed as private, will have a truncated version of their email address added to the participant list. Registered users have their First and Last Name displayed.

Inclusion on the participant list enables you to receive updates from the coordinator or recipient and receive direct email messages from the coordinator, recipient, or other participants. Both registered and non-registered users can manage their communication preferences for the Embrace Campaign by clicking on the link at the bottom of most Embrace generated notification emails. Embrace Campaign administrators can view the email addresses for participants.

Date Booking: To book a date, you must be a registered user of the Services by providing Embrace your first and last name, an email address, and agree to our Terms of Service and Privacy Policy. We will provide you with the ability to select email reminder preferences during the date booking as well as Embrace Campaign-specific communication preferences in each email.

If the coordinator or recipient books a date on behalf of a registered or non-registered user, the date will display the first and last name of the other user, the user will be added to the Participant list, and the coordinator and recipient can opt for the specific reminder emails.

Donation Fund: As a coordinator or recipient of an Embrace Campaign, you may choose to activate the Donation Fund feature. The Donation Fund feature is optional. Activating the Donation Fund feature requires that we send your name, email address, and IP address to GoCardless.com, our payment partner. You are required to verify the GoCardless account after it is created and accept GoCardless's Services Agreement (https://gocardless.com/legal/). You may choose to decline the account verification but doing so may prevent your ability to collect donated funds. You can learn more about GoCardless's privacy policy by clicking here. (https://gocardless.com/privacy/)

You can participate in a Donation Fund without being a registered user of the Services. Upon donating, your name will be displayed on the Embrace campaign (unless marked anonymous) and your email address will be added to the Participant list for that specific Embrace Campaign. A truncated version of your email address will be displayed on the participant list (unless you are a registered user in which case your First and Last Name will be displayed). Truth Endeavors does not directly collect financial information related to the donation process. All donations are handled by GoCardless.com and use of the donation feature requires acceptance of their Terms of Service (https://gocardless.com/legal/) and Privacy Policy. (https://gocardless.com/privacy/)

Emailing Other Participants: You must be a registered user to email other participants. General participants are not able to view email addresses of other general participants. Participants on a specific Embrace Campaign may choose to email other participants through App.GetEmbrace.co pertaining to the Embrace. Should a user opt to directly reply to that email from their email client, their email will become visible to the first sender.

Accessibility

Truth Endeavors is committed to making our Site content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on the Site, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact us as described in this Privacy Policy with "Disabled Access" in the subject line and provide a description of the specific feature you feel is not fully accessible. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers.

Service mark and Content Restrictions

“Embrace” is a registered service mark of Truth Endeavors, Inc. The trade names and service marks owned by Truth Endeavors, Inc., may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion.

All other marks appearing on the Embrace Service are trademarks of their respective owners. Our partners may also have additional proprietary rights in the content which they make available through the Embrace Service.

You acknowledge that the Embrace Service may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that may be protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. Except for Content you post to the Site, which you own, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Site or the Embrace Service, including any Content.

Content Posted by Users

You expressly acknowledge and agree that you:

are solely responsible for any data, text, software, sound files, images, photographs, graphics, video, messages, files, links or any other Content that you post to the Site. This includes, but is not limited to, the contents of your email communications, photos or images, your "My Account" page, invitations and any other related Content;
are solely responsible for the accuracy, integrity and quality as well as the legal right to post such Content;
agree that if you post any Content through the Embrace Service, you automatically grant to Embrace, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable, freely transferable license, in and to such Content, to use, distribute, display, modify, publish, adapt, redistribute, sublicense and reproduce such Content in connection with providing and marketing the Service; and
grant Embrace the right to authorize the downloading and printing in whole or in part of any Content that you post to the Embrace Service.

You acknowledge and agree that Truth Endeavors.:

does not control the Content posted by its users or any third party not under the control of Embrace;
is not liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Embrace Service;
reserves the right (but has no obligation) to evaluate Content before allowing it to be posted on or through the Site and at our sole discretion, we may do one or all of the following;

monitor the submission of Content;
alter, remove, or refuse to post or allow to be posted or stored any Content; and/or
disclose any Content or any communication through the Embrace Service, and the circumstances surrounding the transmission thereof.

may contract any third party in order to operate in whole or in part any portion of the Service; and
may respond to all legitimate governmental inquiries or requests

Under no circumstances will Truth Endeavors, its subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns or its representatives be liable for any loss or damage caused by your reliance on any Content posted by any users or third parties not under the control of Truth Endeavors.

Notification of Claims of Infringement

If you believe that any of your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Embrace for notice of claims of copyright or other intellectual property infringement at:

Truth Endeavors, Inc.
PO Box 115
Canby, OR 97013
support@truthendeavors.com

Please provide Embrace with the following notice:

Identify the material on the Site that you claim is infringing, with enough detail so that it may be located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.

Embrace will remove the infringing Content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Site Conduct

You agree not to:

post content or distribute Content or other materials (though the Site) that are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or that we otherwise deem distasteful,objectionable or potentially injurious to our business or reputation (at our sole discretion);
interfere with or disrupt the operation of the Embrace Service; including but not limited to transmission of a program that is harmful or invasive or that is intended to damage Site functionality;
engage in any other conduct which, at our sole discretion, is considered inappropriate, unauthorized or objectionable; or
use any feature of the Service to engage in "spamming"

You agree:

that you are at least 18 years of age;
to permit us to access your Profile, records, and to monitor your use for any reason (typically to provide customer service);
to comply with all applicable laws, regulations, and ordinances as a condition of use of the Embrace Service;
to notify Embrace at the "Help" page if you feel another user is in violation of these terms;
that you have authorization from the party who will receive (the "Recipient") the donations of an Embrace campaign to create the Embrace campaign via the Site for them. In creating an Embrace campaign for others (friends, relatives, colleagues, etc.), you recognize the personal information that you provide us regarding the Recipient’s physical address, bills and expenses details, e-mail address (for Recipient and invited members), preferred dates, reason for campaign, personal comments, and phone number (if provided) will be made available to those who are invited to participate in the specific Embrace campaign.

Under no circumstances will Truth Endeavors, its subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns or its representatives be liable for any loss or damage caused by your conduct or the failure of the Campaign coordinator to attain permission from the Campaign recipient to create a Embrace Campaign on their behalf.

Those who feel that their personal information has been posted without their permission should contact us immediately through the Help form to have the applicable information removed from the Site.

Indemnification

You agree to indemnify, defend and hold harmless Truth Endeavors, and its subsidiaries, suppliers, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all claims, liabilities, damages, costs, expenses or demands, including, but not limited to, attorneys' fees, arising from or related to:

your use of the Site and/or the Embrace Service;
your violation of these Terms of Service;
any infringement by you (or another user of the Embrace Service using your Profile) of any intellectual property or other right of any person or entity; or
your violation of any applicable law or regulation.

Limitation of Liability

YOU AGREE THAT USE OF THE SITE AND THE SERVICES ARE AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THEY ARE PROVIDED TO YOU "AS-IS" AND ON AN "AS-AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TRUTH ENDEAVORS (AND ITS AFFILIATES, SUPPLIERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TRUTH ENDEAVORS MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, RESULT IN A SUCCESSFUL CAMPAIGN, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRUTH ENDEAVORS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

TRUTH ENDEAVORS’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SITE AND IN NO EVENT WILL IT EXCEED $500; YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH BY TRUTH ENDEAVORS WILL BE A REFUND IN AN AMOUNT EQUAL TO THE DOLLAR AMOUNT PREVIOUSLY PAID BY YOU TO TRUTH ENDEAVORS FOR ACCESS TO THE SITE AND SERVICES. TRUTH ENDEAVORS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR OTHER USER ON THE SITE OR SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SITE OR SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TRUTH ENDEAVORS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Dispute Resolution by Binding Arbitration

Most user concerns can be resolved quickly and to the user's satisfaction by emailing Embrace support at support@truthendeavors.com. In the unlikely event that our user support team is unable to resolve a complaint you may have (or if we not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration in Portland, Oregon in accordance with the rules of the American Arbitration Association. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. The costs of the arbitrator shall be equally divided provided, however, that the arbitrator may award costs and fees to the prevailing party.

Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws of the State of Oregon without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Clackamas County, Oregon, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Termination

You agree that we:

in our sole discretion, may terminate your password, profile (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service;
shall not be liable to you or any third party for any termination of your access to the Embrace Service; and
reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify or discontinue the Embrace Service; or Reserve the right to amend these Terms of Service at our sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Site and your continued usage will demonstrate compliance with the changes.

Force Majeure

Embrace will not be liable for a delay in providing access to the Site or Services to the extent that delay is caused by Internet access outages, insurrection, war, riot, explosion, nuclear incident, fire, flood, earthquake, volcanic activities, general national strikes, embargo, state import or export restrictions, or other event beyond our reasonable control.

Terms Of Service