EarthShare Workplace and Corporate Giving Services

Terms & Conditions

UPDATED May 2026

Introduction

Please read these EarthShare Workplace & Corporate Giving Services Terms (“Workplace Terms”) carefully. These Workplace Terms constitute a legally binding agreement between EarthShare, Inc. (“EarthShare,” “we,” “us,” or “our”) and any employer, company, organization, institution, corporate donor, sponsor, administrator, employee participant, contractor participant, authorized organizational representative, or other authorized participant (“you” or “your”) participating in, administering, accessing, or using EarthShare workplace giving programs, employer-sponsored charitable giving programs, corporate donor-advised fund programs, corporate charitable giving accounts, employee charitable participation programs, employer matching programs, payroll giving programs, organizational philanthropy programs, related administrative tools, and associated services (collectively, the “Workplace & Corporate Giving Services”).

These Workplace Terms supplement EarthShare’s Donor-Advised Fund Terms and Conditions and apply specifically to workplace giving arrangements, employer-sponsored charitable giving programs, organizational donor-advised fund participation, corporate charitable giving programs, payroll contribution programs, employer contribution structures, organizational administrative features, and related enterprise or organizational services.

To the extent of any conflict between these Workplace Terms and EarthShare’s Donor-Advised Fund Terms and Conditions, these Workplace Terms will control solely with respect to the applicable Workplace & Corporate Giving Services.

EarthShare reserves the right to approve, deny, suspend, modify, restrict, or terminate participation in any Workplace & Corporate Giving Services at its discretion and in accordance with applicable law, fiduciary obligations, compliance requirements, internal policies, and program requirements.

BY ACCESSING OR USING THE WORKPLACE & CORPORATE GIVING SERVICES, REGISTERING FOR A PROGRAM, ACCEPTING AN INVITATION, CLICKING “I ACCEPT,” PARTICIPATING IN AN EMPLOYER-SPONSORED PROGRAM, ESTABLISHING A CORPORATE GIVING ACCOUNT, MAKING A CONTRIBUTION, RECEIVING AN EMPLOYER-SPONSORED CONTRIBUTION, OR OTHERWISE PARTICIPATING IN A WORKPLACE OR CORPORATE GIVING PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE WORKPLACE TERMS.

1. Workplace and Corporate Giving Services

EarthShare may provide workplace giving and organizational charitable services including, without limitation:

Employer-sponsored donor-advised fund participation
Employee charitable giving programs
Corporate donor-advised fund accounts
Corporate charitable giving accounts
Employer contribution and matching programs
Workplace giving campaigns
Payroll giving programs
Employee engagement and volunteerism programs
Organizational dashboards and reporting tools
Grant recommendation workflows
Corporate philanthropy administration services
Administrative, onboarding, and implementation services
Charitable engagement tools
Payroll integrations
API integrations
SSO and identity management integrations
Related philanthropic administration services

Workplace & Corporate Giving Services may vary by organization, program structure, employer relationship, geographic location, regulatory requirements, and EarthShare-approved program configuration.

Not all services or features are available to all organizations or participants.

2. Organizational Participation

Organizations participating in Workplace & Corporate Giving Services may designate authorized administrators, managers, human resources personnel, finance personnel, payroll administrators, program managers, corporate philanthropy personnel, or other authorized representatives to administer or coordinate participation in applicable Workplace & Corporate Giving Services.

EarthShare may rely upon instructions, permissions, elections, approvals, and administrative actions submitted by authorized organizational representatives unless EarthShare has actual knowledge that such authority is invalid or revoked.

Organizations are responsible for:

Maintaining accurate participant eligibility information
Managing organizational access permissions
Managing payroll contribution elections and settings
Ensuring compliance with applicable employment, payroll, privacy, tax, charitable, and labor laws
Maintaining appropriate internal approvals for organizational participation
Ensuring authorized users comply with applicable terms and policies
Maintaining the security of organizational administrative credentials and systems

Organizations are solely responsible for their own employment decisions, employee compensation practices, payroll administration, tax treatment determinations, and internal charitable giving policies.

3. Employee and Participant Accounts

Individuals participating through Workplace & Corporate Giving Services may establish or access EarthShare donor-advised fund accounts or related charitable participation accounts subject to EarthShare’s Donor-Advised Fund Terms and Conditions.

Employee participants maintain an individual relationship with EarthShare with respect to their donor-advised fund accounts and related charitable participation.

Participation in Workplace & Corporate Giving Services does not create an employment relationship, agency relationship, partnership, or fiduciary relationship between EarthShare and any participant or organization.

Except as otherwise expressly stated in writing:

donor-advised fund accounts are maintained by EarthShare;
charitable assets remain subject to EarthShare’s exclusive legal control;
grant recommendations remain advisory only;
and employee participation rights may continue independent of continued employment status, subject to EarthShare policies and applicable program structures.

Certain employer-sponsored features, matching programs, contribution programs, administrative access rights, payroll contribution features, or organizational tools may terminate or change upon termination of employment, program participation, or organizational sponsorship.

4. Corporate Giving Accounts

Organizations may establish corporate donor-advised fund accounts, corporate charitable giving accounts, or related organizational charitable accounts administered by EarthShare (“Corporate Giving Accounts”).

All contributions to Corporate Giving Accounts constitute completed charitable contributions to EarthShare and remain subject to EarthShare’s exclusive legal control and authority.

Corporate Giving Accounts are administered in accordance with applicable donor-advised fund laws, fiduciary obligations, compliance requirements, and EarthShare policies.

Organizations and authorized representatives may provide non-binding recommendations regarding grants, charitable distributions, investment allocations, and related charitable activity. All such recommendations remain advisory only and subject to EarthShare’s independent review and approval authority.

EarthShare reserves the right to approve, deny, defer, request additional information regarding, condition, or refuse any recommendation where reasonably necessary to comply with applicable law, regulatory guidance, fiduciary obligations, internal policies, compliance requirements, or risk management considerations.

Organizations are solely responsible for obtaining independent legal, tax, accounting, and financial advice regarding the tax treatment of contributions, grants, sponsorships, matching programs, employee incentives, payroll contributions, or related charitable activity.

5. Employer Contributions and Matching Programs

Organizations may elect to provide:

Matching contributions
Incentive contributions
Employer-sponsored charitable contributions
Seed funding
Employee rewards
Charitable grants
Volunteer incentives
Campaign-based charitable support
Related charitable incentives or contributions

Employer contributions may be subject to:

Vesting rules
Participation requirements
Employment status requirements
Matching limitations
Charitable eligibility rules
Organizational policies
Program budgets
EarthShare approval processes
Compliance reviews
EarthShare does not guarantee that any employer contribution, match, or charitable incentive will be made, approved, continued, or funded.

Organizations retain sole responsibility for determining:

Employee eligibility
Matching criteria
Contribution policies
Participation rules
Internal charitable policies
Applicable employment-related policies

6. Payroll ContributionsOrganizations

Workplace & Corporate Giving Services may support payroll deduction contributions through integrations with payroll providers, human resources systems, benefits platforms, or related third-party services.

Organizations are solely responsible for:

Obtaining employee authorization for payroll deductions
Ensuring payroll deduction accuracy
Complying with applicable payroll, wage, employment, and tax laws
Remitting deducted amounts accurately and timely
Correcting payroll or contribution errors
Managing employee enrollment and deduction elections

EarthShare is not responsible for:

Payroll processing delays
Payroll calculation errors
Tax withholding errors
Failed remittances
Employment classification disputes
Payroll provider outages
Inaccuracies caused by third-party payroll providers or organizational payroll systems

Payroll contribution processing schedules may vary based on payroll cycles, provider integrations, banking systems, holidays, administrative processing requirements, and third-party processing timelines.

7. Fees and Billing

a) Workplace Giving Program Fees

Unless otherwise specified in a separate written agreement, workplace giving program fees are assessed on a per employee per month (“PEPM”) basis according to the following pricing schedule:

Tier 1: Up to 250 employees → $2.00 PEPM
Tier 2: 251–2,000 employees → $1.50 PEPM
Tier 3: 2,001+ employees → $1.00 PEPM

b) Corporate Giving Account Funding Fees

Corporate Giving Account funding fees apply to qualifying company charitable deposits with a minimum deposit threshold of $10,000.

Funding fee schedule:

Up to $25,000 → 2.0%
$25,000 – $9,999,999: 0.20%
$10,000,000 – $19,999,999: 0.15%
$20,000,000 – $34,999,999: 0.12%
$35,000,000 – $49,999,999: 0.10%
$50,000,000 – $74,999,999: 0.08%
$75,000,000 – $99,999,999: 0.07%
Greater than $100,000,000: 0.05%

c) Bundled Workplace Giving and Corporate Giving Programs

Organizations participating in both Workplace Giving Services and Corporate Giving Account programs may qualify for bundled pricing.

Bundled Workplace Giving pricing:

Tier 1: Up to 250 employees → $1.60 PEPM
Tier 2: 251–2,000 employees → $1.20 PEPM
Tier 3: 2,001+ employees → $0.80 PEPM

Corporate Giving Account funding fees remain unchanged under bundled arrangements:

Up to $25,000 → 2.0%
$25,000 – $9,999,999: 0.20%
$10,000,000 – $19,999,999: 0.15%
$20,000,000 – $34,999,999: 0.12%
$35,000,000 – $49,999,999: 0.10%
$50,000,000 – $74,999,999: 0.08%
$75,000,000 – $99,999,999: 0.07%
Greater than $100,000,000: 0.05%

d) Billing Terms

Unless otherwise specified in a separate written agreement:

invoices are due within thirty days of issuance;
all fees are non-refundable;
payment obligations are non-cancelable during the applicable service term; and
EarthShare may suspend services for nonpayment.

EarthShare reserves the right to modify pricing prospectively upon notice or renewal.

Organizations are responsible for all applicable taxes, duties, levies, and governmental charges associated with Workplace & Corporate Giving Services, excluding taxes based solely on EarthShare’s net income.

8. Organizational Data and Reporting

EarthShare may provide organizations with reporting, analytics, dashboards, administrative tools, participant engagement information, contribution summaries, grantmaking summaries, or related program information in connection with Workplace & Corporate Giving Services.

Organizations agree to use such information solely for lawful internal charitable administration, employee engagement, reporting, accounting, compliance, or related organizational purposes.

Organizations are responsible for complying with all applicable:

Privacy laws
Employment laws
Payroll laws
Tax laws
Confidentiality obligations
Data protection requirements

EarthShare does not guarantee the accuracy, completeness, or uninterrupted availability of organizational reporting data.

9. Data Processing and Privacy

Organizations may provide EarthShare with employee, participant, payroll, contribution, engagement, or related organizational data in connection with Workplace & Corporate Giving Services.

Organizations represent and warrant that they have obtained all necessary rights, permissions, notices, and consents required to provide such data to EarthShare and to authorize EarthShare’s processing of such data in connection with the Workplace & Corporate Giving Services.

EarthShare may process organizational and participant data for purposes including:

Program administration
Charitable processing
Compliance
Reporting
Fraud prevention
Customer support
Platform operations
Security monitoring
Related operational purposes

Organizations remain responsible for complying with applicable:

Employment laws
Privacy laws
Payroll laws
Labor laws
Data protection requirements

EarthShare’s collection, use, storage, and processing of personal information is further described in EarthShare’s Privacy Policy.

10. Organizational Branding and Publicity

Organizations may provide EarthShare with names, trademarks, logos, branding materials, or related assets (“Organizational Marks”) for use in connection with Workplace & Corporate Giving Services.

Subject to any written restrictions provided by the organization, the organization grants EarthShare a limited, non-exclusive, revocable license to use Organizational Marks solely for:

Identifying the organization as a participant in EarthShare programs
Administering Workplace & Corporate Giving Services
Providing participant-facing program materials
Related promotional, operational, reporting, educational, or informational purposes

EarthShare does not acquire ownership rights in Organizational Marks.

Organizations represent that they possess the necessary rights and authority to provide such Organizational Marks.

11. Implementation and Onboarding

Implementation timelines, onboarding activities, integrations, payroll setup, data migration, configuration services, launch schedules, and related implementation activities may vary based on organizational complexity, third-party systems, staffing availability, regulatory requirements, and organizational responsiveness.

EarthShare does not guarantee:

Specific implementation timelines
Launch dates
Payroll integration availability
Uninterrupted integrations
Compatibility with all third-party systems
Continuous availability of third-party providers or integrations

Organizations agree to reasonably cooperate with onboarding, implementation, compliance, and administrative requests necessary to provide Workplace & Corporate Giving Services.

12. Third-Party Services and Integrations

Workplace & Corporate Giving Services may interoperate with:

Payroll providers
HR systems
Identity providers
Payment processors
Financial institutions
Charitable databases
Benefits providers
SSO providers
Banking providers
Other third-party systems

EarthShare is not responsible for third-party systems, integrations, outages, errors, security failures, data inaccuracies, or service interruptions arising from third-party services.

Use of third-party services may be subject to additional third-party terms and conditions.

13. Acceptable Use

You may not use Workplace & Corporate Giving Services:

For unlawful purposes
To conduct unauthorized fundraising
To misrepresent charitable activity
To violate applicable law
To interfere with platform operations
To access unauthorized data
To submit fraudulent contributions
To misuse organizational administrative tools
To attempt unauthorized access to systems or accounts
To transmit malicious code or harmful content

EarthShare reserves the right to investigate suspected misuse, fraud, abuse, sanctions concerns, compliance risks, or security incidents and may suspend or terminate participation where reasonably necessary.

14. Compliance and Regulatory Matters

EarthShare may conduct:

Sanctions screening
Anti-money laundering reviews
Fraud prevention reviews
Identity verification
Compliance monitoring
Risk assessments
Related diligence activities

in connection with Workplace & Corporate Giving Services.

Organizations and participants agree to cooperate with reasonable compliance requests and provide information reasonably requested by EarthShare.

EarthShare reserves the right to restrict, delay, reject, reverse, freeze, suspend, or investigate activity where reasonably necessary to comply with:

Applicable law
Regulatory requirements
Fiduciary obligations
Sanctions programs
Anti-terrorism financing obligations
Fraud prevention requirements
Internal compliance policies
Risk management requirements

15. Confidentiality

Organizations and participants agree not to disclose confidential information received through Workplace & Corporate Giving Services except as reasonably necessary for authorized program administration or as otherwise required by law.

Confidential information may include:

Participant data
Organizational program information
Pricing
Reporting
Implementation details
Administrative credentials
Security information
Nonpublic operational information

This section does not prohibit disclosures required by applicable law or disclosures authorized in writing.

16. Service Availability

EarthShare does not guarantee uninterrupted or error-free operation of Workplace & Corporate Giving Services.

Workplace & Corporate Giving Services may be affected by:

Scheduled maintenance
Third-party outages
Banking delays
Payroll provider outages
Internet disruptions
Software issues
Security incidents
Events beyond EarthShare’s reasonable control

EarthShare may modify, suspend, restrict, or discontinue portions of the Workplace & Corporate Giving Services at any time.

17. Term and Termination

Unless otherwise specified in a separate written agreement, Workplace & Corporate Giving Services are provided on a recurring subscription basis.

Either party may terminate participation:

Pursuant to an applicable written agreement
Upon material breach
For nonpayment
For compliance or legal concerns
Upon written notice as permitted by the applicable arrangement

EarthShare may suspend or terminate Workplace & Corporate Giving Services immediately where reasonably necessary for:

Legal compliance
Fraud prevention
Sanctions concerns
Security incidents
Misuse
Material risk management concerns

Termination of Workplace & Corporate Giving Services does not automatically terminate individual donor-advised fund accounts unless separately determined by EarthShare pursuant to applicable terms and policies.

18. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORKPLACE & CORPORATE GIVING SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND.

EARTHSHARE DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, OR UNINTERRUPTED OPERATION.

EARTHSHARE DOES NOT GUARANTEE:

Participation levels
Employee engagement
Charitable outcomes
Matching availability
Tax treatment
Regulatory outcomes
Organizational results

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EARTHSHARE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

EARTHSHARE’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE WORKPLACE & CORPORATE GIVING SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY THE APPLICABLE ORGANIZATION TO EARTHSHARE DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.