Terms & Conditions for Funraiser

Acceptance of Terms

Agreement to Terms

By accessing or using Funraiser ("Service"), operated by Funraiser, Inc ("we", "us", or "our"), you ("User" or "you") agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of the terms, then you do not have permission to access the Service.

Modification of Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Eligibility

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

Electronic Communication

When you use our Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site or through our Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Licensing Information

Grant of License

Funraiser, Inc hereby grants you a non-exclusive, non-transferable, revocable license to use the Funraiser ("Service") solely for your personal, non-commercial purposes, subject to the terms and conditions of this Agreement. This license does not allow you to use the Service on any device that you do not own or control, and you may not distribute or make the Service available over a network where it could be used by multiple devices at the same time.

License Restrictions

You agree not to, and you will not permit others to:

1. License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Service or make the Service available to any third party.
2. Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Service, or attempt to do any of the foregoing.
3. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Funraiser, Inc or its affiliates, partners, suppliers, or the licensors of the Service.

Intellectual Property Rights

This Agreement does not transfer to you any intellectual property owned by Funraiser, Inc or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Funraiser, Inc. The Funraiser application, the Funraiser logo, and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Funraiser, Inc or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of other third parties.

Termination of License

This license is effective until terminated by you or Funraiser, Inc. Your rights under this license will terminate automatically without notice from Funraiser, Inc if you fail to comply with any term(s) of this Agreement. Upon termination of the license, you shall cease all use of the Service and destroy all copies, full or partial, of the Service.

Electronic Communication

When you use our Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site or through our Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright Protection

Respect for Intellectual Property

Funraiser, Inc respects the intellectual property rights of others and expects its users to do the same. We have a policy of removing content that violates copyright law, providing for the termination, in appropriate circumstances, of users of the Service who are repeat infringers.

Copyright Infringement Claims

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All copyright infringement claims should be sent to our designated agent as follows:

20100 N. Cove Rd,
Cornelius, NC 28031

Email: support@funraiser.io

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, Funraiser, Inc has adopted a policy of terminating, in appropriate circumstances and at Funraiser, Inc's sole discretion, users who are deemed to be repeat infringers. Funraiser, Inc may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Accessibility Policy

Commitment to Accessibility

At Funraiser, Inc, we are committed to ensuring digital accessibility for people with disabilities. We believe all users should be able to access and use our services effectively, and we are continually improving the user experience for everyone.

Our Accessibility Policy

We have adopted an Accessibility Policy to ensure our services are accessible to the widest possible audience, regardless of technology or ability. Our policy and practices aim to comply with appropriate standards and guidelines to provide the best possible accessibility.

Accessibility Features

Our services include features designed to improve accessibility for users with disabilities. These features are outlined in detail in our Accessibility Policy, which can be found atFunraiser Accessibility Policy.

Continuous Improvement

We are constantly seeking to improve the accessibility of our services. We value your feedback and welcome any comments on how we can improve accessibility further.

Contact Information

If you experience any difficulty accessing or using our services, or if you have suggestions for improvement, please contact us atsupport@funraiser.io. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our users and our overall accessibility policies.

User-Generated Content

Definition of User-Generated Content

For the purposes of these Terms, "User-Generated Content" refers to all content (such as text, images, audio, video, scripts, code, and other materials) that users post, upload, contribute, create, or otherwise make available on or through the Service provided by Funraiser, Inc.

User Responsibilities

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

1. Ownership and Responsibility: You retain all rights and ownership of your User-Generated Content. You are solely responsible for the content that you share on our platform.
2. License to Use: By posting or sharing User-Generated Content, you grant Funraiser, Inc a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform the User-Generated Content in connection with the Service. This license exists only for as long as you elect to continue to include such content on the Service and will terminate at the time such content is removed or deleted by you or by Funraiser, Inc.
3. Content Standards: All User-Generated Content must comply with the guidelines set by Funraiser, Inc, which prohibits offensive, infringing, and harmful content. You agree not to post content that infringes on others' intellectual property rights, privacy rights, or other legal rights.

Funraiser, Inc's Rights

1. Monitoring and Enforcement: Funraiser, Inc reserves the right, but is not obligated, to monitor and review User-Generated Content. We may remove or refuse to display any User-Generated Content that we believe violates these Terms or is otherwise objectionable.
2. Use of Content: We may use User-Generated Content for our own business purposes, including marketing, promotion, and content development.
3. Feedback and Suggestions: If you provide feedback or suggestions about our Service, we may use your feedback or suggestions without obligation to you.

No Obligation to Publish

Funraiser, Inc is not obligated to publish any User-Generated Content on our platform and may remove it in our sole discretion, with or without notice.

Termination of Accounts

Right to Terminate

Funraiser, Inc reserves the right to terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

User Initiated Termination

As a user, you may terminate your account at any time. To do so, please contact Funraiser, Inc. support with a request for account termination. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and comply with legal requirements.

Effects of Termination

Upon termination, your right to use the Service will cease immediately. If your account is terminated, you may lose access to all data and content associated with your account, including user-generated content.

Preservation of Data

In the event of account termination, Funraiser, Inc may maintain your data for a certain period for backup, archival, or audit purposes. Funraiser, Inc is not obligated to maintain or provide any data after account termination and will delete or destroy all copies of your data in Funraiser, Inc's systems or otherwise in its possession or control, unless legally prohibited.

Survival

The following provisions of the Terms will survive termination: Intellectual Property, Warranty Disclaimers, Indemnity, and Limitation of Liability.

Modifications

Funraiser, Inc reserves the right to modify or replace these termination procedures at any time, at our sole discretion. We will provide reasonable notice of any changes to these procedures.

Governing Law

Jurisdiction

These Terms and Conditions shall be governed and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of law provisions.

Legal Disputes

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Legal Actions

Any legal actions or proceedings arising under or related to these Terms or to the use of the Service shall be brought exclusively in the federal or state courts located in North Carolina, and you hereby consent to and waive any objections to such jurisdiction or venue.

Preservation of Data

In the event of account termination, Funraiser, Inc may maintain your data for a certain period for backup, archival, or audit purposes. Funraiser, Inc is not obligated to maintain or provide any data after account termination and will delete or destroy all copies of your data in Funraiser, Inc's systems or otherwise in its possession or control, unless legally prohibited.

Survival

The following provisions of the Terms will survive termination: Intellectual Property, Warranty Disclaimers, Indemnity, and Limitation of Liability.

Modifications

Funraiser, Inc reserves the right to modify or replace these termination procedures at any time, at our sole discretion. We will provide reasonable notice of any changes to these procedures.

Integration Clause

Entire Agreement

This clause confirms that the Terms and Conditions constitute the entire agreement between you (the user) and Funraiser, Inc regarding the use of the Funraiser service.

Supersedes Previous Understandings

1. Exclusivity of Document: These Terms and Conditions supersede any and all prior or contemporaneous understandings or agreements, both written and oral, between you and Funraiser, Inc regarding the subject matter hereof.
2. No Reliance on External Representations: You acknowledge that you have not relied upon any promises, representations, statements, or understandings other than those expressly set forth in these Terms and Conditions.

Binding Nature of Agreement

1. Acknowledgment: By using the service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
2. No Modifications Unless in Writing: Any modification to these Terms and Conditions must be in writing and signed by both parties. No verbal agreements or understandings shall have any effect.

Future Changes

1. Revisions and Amendments: Funraiser, Inc reserves the right to revise these Terms and Conditions at any time. Such revisions will be effective upon posting an updated version on the website.
2. Continued Acceptance: Your continued use of the service after any such changes will constitute your acceptance of the new Terms and Conditions.

Fees and Payments

Service Fees

Funraiser, Inc provides a platform for fundraising activities. While we do not charge a flat fee for the use of our services, we collect a percentage of the total donations received as a service fee. This fee is automatically deducted from the total donation amount before funds are transferred to you.

Fee Structure

1. Percentage Fee: We charge a percentage based fee on the total amount of donations received through our platform. This percentage is provided to you at the time of account creation and is subject to change at any time.
2. Calculation of Fees: The fee is calculated based on the total amount of donations received for each fundraising campaign or transaction.
3. Disclosure of Fees: The specific fee amount will be clearly disclosed at the time of transaction processing.

Distribution of Funds

After deducting our service fee, the remaining balance of the donations received will be transferred to your designated account. The transfer of funds will be conducted in accordance with the payment schedule outlined below.

Payment Schedule

1. Payment Processing: Donations received through our platform will be processed and retained until the end of the fundraising campaign.
2. Transfer of Funds: The net amount, after deduction of our service fee, will be transferred to your account at the one (1) week after the end date designated for the fundraising campaign.

Payment Methods

We process payments through third-party payment processors. You are responsible for providing accurate and up-to-date payment information to facilitate the transfer of funds.

Changes to Fees

Funraiser, Inc reserves the right to modify the service fee percentage at any time. Any changes to our fee structure will be communicated to you at least forty-five (45) fiscal calendar days before the changes take effect.

Tax Responsibilities

You are responsible for determining and fulfilling any tax obligations that may arise from receiving donations through our platform. Funraiser, Inc does not withhold taxes from the payments transferred to you.

Introductory Offerings

Overview

At Funraiser, Inc, we are committed to providing a transparent and user-friendly experience. While our service model does not include traditional free trials, we offer an opportunity for users to familiarize themselves with our platform before engaging in full-scale fundraising activities.

Getting to Know Funraiser, Inc

1. Platform Exploration: Users are encouraged to explore the functionalities and features of our platform without any initial charges. This exploration phase allows users to understand how our service can assist in their fundraising efforts.
2. No Initial Fees: During the initial exploration phase, no fees will be charged. Users are free to set up their fundraising campaign and acquaint themselves with our tools and resources.
3. Commencement of Charges: The agreed-upon percentage fee on donations, as detailed in the "Fees and Payments" section of these Terms, will only be applied once users start receiving donations through their campaigns.

Limitations

This introductory phase is intended to provide a basic understanding of the platform and does not include advanced features or personalized support which are part of the regular service once donations are received.

Changes to Introductory Offerings

Funraiser, Inc reserves the right to modify or discontinue these introductory offerings at any time, without prior notice. However, any changes will not affect campaigns that have already started receiving donations.

Restrictions

You are specifically restricted from all the following:

1. Publishing any Website material in any other media.
2. Selling, sublicensing, and/or otherwise commercializing any Website material.
3. Publicly performing and/or showing any Website material.
4. Using this Website in any way that is or may be damaging to this Website.
5. Using this Website in any way that impacts user access to this Website.
6. Using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity.
7. Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website.
8. Using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and Funraiser, Inc may further restrict access by you to any areas of this Website, at any time, in absolute discretion.

Your Content

In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images, or other material you choose to display on this Website. By displaying Your Content, you grant Funraiser, Inc a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party's rights. Funraiser, Inc reserves the right to remove any of Your Content from this Website at any time without notice.

No Warranties

This Website is provided "as is," with all faults, and Funraiser, Inc expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website.

Limitation of Liability

In no event shall Funraiser, Inc, nor any of its officers, directors, and employees, be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Funraiser, Inc, including its officers, directors, and employees shall not be held liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this Website.

Indemnification

User Agreement to Indemnify

You agree to indemnify, defend, and hold harmless Funraiser, Inc, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions, your use of the Service, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.

Scope of Indemnification

1. Third-Party Claims: This indemnification covers any claim or demand made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of these Terms and Conditions, or your violation of any rights of another.
2. User Conduct: You are specifically responsible for any legal claims arising from content you submit, post, transmit, or make available through the Service, your use of the Service, your connection to the Service, or your violation of any rights of another.

Legal Defense and Cooperation

1. Legal Defense: Funraiser, Inc reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Funraiser, Inc in asserting any available defenses.
2. Cooperation: In the defense of any such claim, you shall cooperate as fully as reasonably required by Funraiser, Inc Your indemnification obligation will survive the termination of these Terms and Conditions and your use of the Service.

Notification of Claims

In the event of any claim that is subject to indemnification under this section, Funraiser, Inc, becomes aware of such a claim, Funraiser, Inc will attempt to notify you, considering the contact information you have provided is current and accurate. It is your responsibility to keep your contact information up to date.

Severability Clause

Intent of Severability

In the event that any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Application of Severability

1. Preservation of Intent: If any provision of these Terms and Conditions is deemed invalid or unenforceable, the parties agree that the intent of the original provision shall be enforced to the maximum extent possible.
2. Modification for Validity: In such a case, the invalid or unenforceable provision will be modified, amended, or limited only to the extent necessary to render it valid and enforceable, aligning as closely as possible with the original intent of the provision.
3. Remaining Provisions: The unenforceability or invalidity of any clause in these Terms and Conditions shall not affect the enforceability or validity of the remaining clauses in these Terms and Conditions.

Continuation of Agreement

This Severability Clause ensures that the rest of the agreement continues to be in effect, even if a part of the agreement is legally invalidated or declared unenforceable. This maintains the overall intentions of the Terms and Conditions as originally agreed upon.

Variation of Terms

Funraiser, Inc is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

Funraiser, Inc is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Funraiser, Inc and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of North Carolina (NC), and you submit to the non-exclusive jurisdiction of the state and federal courts located in North Carolina for the resolution of any disputes.

Data Privacy and Security

Commitment to Data Privacy

Funraiser, Inc is committed to protecting the privacy and security of our users' personal and financial information. We understand the importance of maintaining confidentiality and integrity of the data entrusted to us by our users and donors.

Data Collection and Use

1. Information Collection: We collect personal information necessary to facilitate fundraising activities, including but not limited to, name, email address, and payment information.
2. Use of Information: The personal information collected is used solely for the purpose of processing donations, providing receipts, and maintaining our service. We do not sell, rent, or share personal information with third parties for their direct marketing purposes.

Encryption and Security Protocols

1. Payment Processing: To ensure the highest level of security for financial transactions, Funraiser, Inc utilizes a leading third-party payment processor. We do not store credit card information on our servers, nor do credit card details directly reach our servers. All payment data is handled and encrypted by Stripe, which adheres to stringent industry standards for data security and privacy.
2. Data Encryption: All sensitive data on our platform, including personal information and transaction details, is encrypted using advanced security protocols to protect it during transmission and storage.
3. Compliance with Industry Standards: We continually update our security measures to align with industry best practices. This includes regular reviews and updates in response to evolving threats and standards.

Breach Notification

In the unlikely event of a data breach, we will promptly notify affected users in compliance with applicable laws and regulations. We will take immediate steps to mitigate any harm and protect data from further unauthorized access.

User Responsibilities

Users are responsible for maintaining the confidentiality of their account information and password and for restricting access to their computer or device. We encourage users to be vigilant in protecting their personal information when using our service.

Changes to Our Privacy and Security Policies

Funraiser, Inc reserves the right to update or modify this Data Privacy and Security policy at any time. We will notify users of any significant changes and obtain consent where required by law.

Service Level Agreements (SLAs)

Purpose and Scope

The purpose of this Service Level Agreement (SLA) is to define the service levels provided to you by Funraiser, Inc This SLA covers the availability and support aspects of our fundraising platform and services.

Service Availability

1. Uptime Commitment: Funraiser, Inc strives to ensure a high level of availability for our platform. Our goal is an uptime of 99.9% for all users, excluding scheduled maintenance times which will be communicated in advance.
2. Data Encryption: All sensitive data on our platform, including personal information and transaction details, is encrypted using advanced security protocols to protect it during transmission and storage.
3. Scheduled Maintenance: To maintain the highest level of service quality and security, scheduled maintenance will be performed, typically during low-usage hours. Users will be notified at least 48 hours in advance of any scheduled maintenance.

Support Services

1. Customer Support: Funraiser, Inc provides customer support to address any technical issues or queries related to our platform. Support is available via email or phone. Although response times may be longer, our support team strives to respond to all inquiries within 24 hours.
2. Resolution Time: While resolution times can vary depending on the complexity of the issue, our target is to resolve standard issues within 48 hours of receiving the complaint or query. More complex issues may require additional time to resolve. You will be notified of the expected resolution time for your specific issue.

Performance Monitoring

1. Service Monitoring: We continuously monitor the performance of our platform to ensure optimal operation and quickly address any issues.
2. Reporting: Users can report any concerns or issues related to service performance directly through our customer support channels.

Compensation for Service Downtime

1. Downtime Credits: In the unlikely event of service downtime exceeding our commitment, affected users may be eligible for credits or extensions to their service subscription, subject to our discretion and verification of the claim.
2. Exclusions: This SLA does not apply to any performance issues: (i) caused by factors outside of Funraiser, Inc's reasonable control; (ii) that resulted from any actions or inactions of the user or third parties; or (iii) that resulted from the user's equipment and/or third-party equipment (not within the primary control of Funraiser, Inc).

SLA Revisions

Funraiser, Inc reserves the right to modify the terms of this SLA at any time. Any changes will be communicated to users in a timely manner.

Disclaimer of Warranties

"As Is" and "As Available" Service

Funraiser, Inc provides its services "as is" and "as available" without any warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

No Warranties for Accuracy and Completeness

While we strive to provide accurate and up-to-date information, Funraiser, Inc makes no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any content available through the services.

No Warranty of Non-Infringement

Funraiser, Inc does not warrant that the service or any portion thereof is free of viruses or other harmful components.

Limitation of Liability

General Limitation

To the maximum extent permitted by applicable law, in no event shall Funraiser, Inc, its affiliates, directors, employees, agents, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

Specific Limitations

Funraiser, Inc shall not be liable for any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, or line failure.

Liability Cap

Furthermore, the aggregate liability of Funraiser, Inc shall not exceed the amount paid to Funraiser, Inc, if any, during the three (3) months immediately preceding the date on which the claim arose.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Privacy Policy Reference

Commitment to Privacy

At Funraiser, Inc, protecting your privacy is paramount. We are committed to maintaining the confidentiality, integrity, and security of the personal information entrusted to us by our users.

Privacy Policy Overview

1. Data Collection: Details about the types of personal information we collect and how we collect it.
2. Use of Information: How we use the information collected, including the purposes and legal bases for processing your data.
3. Data Sharing: Information on when and with whom we might share your data.
4. User Rights: An outline of your rights concerning your personal data, including access, correction, and deletion rights.
5. Security Measures: The steps we take to protect your information from unauthorized access or disclosure.
6. Cookies and Tracking Technologies: How we use cookies and similar technologies on our website.

Agreement to Privacy Policy

By accepting these Terms and Conditions and using our Service, you also agree to our Privacy Policy. We encourage you to read the Privacy Policy in full to understand our practices regarding your personal information.

Changes to the Privacy Policy

We reserve the right to modify our Privacy Policy at any time. Any changes will be effective immediately upon posting the revised policy on our website. We will provide notice of significant changes through our Service or by other means.

Accessing the Privacy Policy

You can view our Privacy Policy at any time by visiting https://www.funraiser.io/privacy.

User Conduct and Responsibilities

Responsible Use of the Service

If you encounter any content or behavior that violates these Terms, please report it to our support team at support@funraiser.io. We take user reports seriously and will take appropriate action.

Prohibited Conduct

Users are prohibited from engaging in the following activities:

1. Illegal Activities: Engaging in any illegal activities or soliciting any illegal acts.
2. Infringement of Rights: Posting content that infringes upon the intellectual property rights of others or the privacy or publicity rights of any third party.
3. Harmful Conduct: Posting or transmitting any content that is defamatory, obscene, offensive, harassing, or otherwise objectionable. This includes content that promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
4. Fraudulent or Deceptive Practices: Engaging in fraudulent, deceptive, or manipulative practices, including impersonation of others, phishing, or scamming.
5. Interference with Service: Attempting to disrupt, interfere with, or inhibit any other user from using the service, including by means of overloading, "flooding," "spamming," "mail bombing," or "crashing" the service.
6. Unauthorized Access: Attempting to gain unauthorized access to the service, other accounts, computer systems, or networks connected to the service.

User Contributions

Users are solely responsible for their contributions on the platform, including the accuracy, reliability, and appropriateness of the content they provide. Funraiser, Inc is not responsible for monitoring or policing user submissions but reserves the right to remove or modify content at its discretion.

Reporting Violations

If you encounter any content or behavior that violates these Terms, please report it to our support team at support@funraiser.io. We take user reports seriously and will take appropriate action.

Consequences of Violation

Violating these Terms may lead to actions including, but not limited to, account suspension or termination, legal action, and cooperation with law enforcement authorities.

Dispute Resolution

Mediation and Arbitration

1. Mediation: If a dispute cannot be resolved informally, we suggest proceeding with mediation. In mediation, a neutral third-party mediator will assist in reaching a mutually agreeable solution.
2. Arbitration: If mediation does not resolve the dispute, either party may initiate binding arbitration. In arbitration, a neutral arbitrator will render a final decision which is binding on both parties.

Informal Resolution

Before seeking formal resolution, Funraiser, Inc encourages users to contact us directly to seek an informal resolution of any dispute. This often involves a less formal, more expedient means of resolving any disagreements.

Dispute Resolution Process

Before seeking formal resolution, Funraiser, Inc encourages users to contact us directly to seek an informal resolution of any dispute. This often involves a less formal, more expedient means of resolving any disagreements.

Step 1: Direct Resolution

• Initial Contact: If you have any concerns or disputes related to our Service, please contact us directly atsupport@funraiser.io. We aim to resolve issues amicably and efficiently.
• Response Time: We will endeavor to respond to your concerns within 7-14 business days.

Step 2: Mediation

• Engaging in Mediation: Should direct resolution not suffice, we suggest mediation—a process where a neutral third party assists us in reaching a mutually agreeable solution.
• Mediator Selection: The mediator will be selected either mutually by both parties or through an independent mediation service.
• Format: Mediation may be conducted in person, online, or via teleconference, depending on the agreement between the parties.

Step 3: Arbitration

• Binding Arbitration: If mediation is unsuccessful, the next step is arbitration, where a neutral arbitrator will decide on the matter. This decision is binding on both parties.
• Governing Rules: The arbitration will be conducted under the rules of American Arbitration Association or similar authority.
• Location and Governing Law: Arbitration will take place in Charlotte, North Carolina, United States, and will be governed by the laws of North Carolina.
• Arbitration Costs: The costs for arbitration will be specified, with either each party bearing their own costs, or as otherwise agreed.

Step 4: Legal Action

• Court Proceedings: In cases where mediation and arbitration do not apply, parties may pursue legal action.
• Jurisdiction: Legal proceedings will be subject to the jurisdiction of the courts in Charlotte, North Carolina, United States.

Exceptions

• Urgent Matters: For issues such as intellectual property infringement or matters requiring urgent legal attention, parties may bypass mediation and arbitration and seek legal remedies directly.

Notification and Confidentiality

• Notice of Dispute: Any party initiating dispute resolution must provide written notice to the other party, clearly outlining the dispute and the sought remedy.
• Confidentiality: All discussions and proceedings during mediation and arbitration are confidential and are not to be used as evidence in subsequent legal proceedings, except as required by law.

Continuity of Service

• Access to Service: Access to our Service will typically be maintained during dispute resolution, unless there are significant reasons to restrict access.

Governing Law and Jurisdiction

All disputes will be governed by the laws of the State of North Carolina, United States, and, unless we agree otherwise, the arbitration will take place in the same state.

Exception - Small Claims Court Claims

Notwithstanding the above, you may choose to pursue your claim in small claims court where jurisdiction and venue over Funraiser, Inc and yourself are proper, provided that the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Funraiser, Inc must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Arbitration Agreement

By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against Funraiser, Inc on an individual basis in arbitration, as set forth in this Dispute Resolution section. This will preclude you from bringing any class, collective, or representative action against Funraiser, Inc, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Funraiser, Inc by someone else.

Final and Binding Decision in Arbitration

Decision Authority

• Arbitrator's Role: The arbitrator appointed to resolve disputes under these Terms and Conditions will have the exclusive authority to make all determinations necessary for the resolution of any disagreements. This includes decisions related to the scope, applicability, interpretation, and enforceability of this arbitration agreement.

Finality of Decision

• Binding Outcome: The decision rendered by the arbitrator shall be final and binding on both Funraiser, Inc and the user. This outcome is conclusive and may be entered as a judgment in any court of competent jurisdiction.

Limited Appeal Rights

• Appeal Constraints: The parties acknowledge and agree that the arbitrator's decision shall be subject to very limited review by a court. Appeals may only be made on grounds that are recognized by applicable arbitration laws.

Enforcement

• Court Enforcement: Upon a final and binding decision by the arbitrator, either party may seek enforcement of the arbitration award in any court possessing jurisdiction over the party against whom enforcement is sought.

Acknowledgment

• User Agreement: By agreeing to these Terms and Conditions, the user acknowledges that they are waiving their right to a trial by jury and agreeing to this arbitration process as the sole and final remedy for resolving disputes.

Limitation on Claims

Introduction to Limitation Period

• Purpose: This clause sets out the time frame within which any claim or cause of action arising out of or related to the use of the Funraiser service, or under these Terms and Conditions, must be filed.
• Time Frame for Claims: Any claim must be filed within one (1) year after such claim or cause of action arose, regardless of any statutes or laws to the contrary.

Understanding the Time Limit

• Commencement of Limitation Period: The limitation period starts from the date the potential claimant first becomes aware, or reasonably should have become aware, of the facts giving rise to the claim.
• Rationale: This limitation is put in place to encourage users to bring issues to our attention promptly, ensuring that disputes are resolved in a timely manner.

Exceptions to the Limitation

• Legal Exceptions: In some jurisdictions, laws may prohibit such limitations on the time frame for filing certain types of claims. In these cases, the shortest legally permissible time frame will apply.
• Specific Claims Exclusion: This limitation does not apply to claims relating to intellectual property infringements, indemnity claims, or any other claims that, by law, cannot be subject to such time limits.

Impact of Limitation Period

• Effect of Expiry: If a claim is filed after the expiration of the one-year period, such claim shall be permanently barred, which means it cannot be pursued in any forum or form.
• Awareness of Limitation: By agreeing to these Terms and Conditions, you acknowledge your understanding of this limitation period and agree to be bound by it.

Modification of the Clause

• Amendments: Funraiser, Inc reserves the right to modify the terms of this Limitation on Claims clause. Any changes will be communicated to users in a timely manner.

Confidentiality of Proceedings

Commitment to Confidentiality

• Scope: This confidentiality clause applies to all forms of dispute resolution under these Terms and Conditions, including mediation and arbitration proceedings.
• Confidential Information: Confidential information includes, but is not limited to, all communications, negotiations, and documents shared or produced during the dispute resolution process.

Confidentiality Obligations

• Parties' Responsibility: Both Funraiser, Inc and the user agree to maintain the confidentiality of all information related to the dispute resolution proceedings. This includes not disclosing information to any third party unless required by law.
• Exceptions: Disclosure is permitted if required by law, or if necessary to implement or enforce an arbitral award or a court judgment.
• Third-Party Involvement: If third parties (such as lawyers, accountants, or other professional advisors) are involved, they must agree to adhere to the same confidentiality requirements.

Protection of Confidential Information

• Safekeeping: All parties must take reasonable steps to prevent unauthorized access to or disclosure of confidential information.
• Duration: The obligation of confidentiality persists even after the conclusion of the dispute resolution process and any subsequent judicial proceedings.

Use of Information

• Limited Use: Confidential information may only be used for the purposes of the dispute resolution process and not for any other purpose, including business or competitive purposes or in future litigation.
• Prohibited Use: No party may use the information for the purpose of gaining a business or competitive advantage or for disparaging the other party.

Breach of Confidentiality

• Consequences of Breach: A breach of confidentiality could lead to legal action for damages or injunctive relief.
• Notification of Breach: In the event of a suspected breach, the non-breaching party is required to notify the other party immediately and take all reasonable steps to mitigate the effects of the breach.

Documentation and Records

• Handling of Documents: All documents produced during the proceedings that contain confidential information should be handled with care. Upon the conclusion of the dispute, such documents should be returned to the originating party or securely destroyed.

Changes to the Service

Commitment to Improvement

At Funraiser, Inc, we are continuously working to enhance and evolve our services to meet the changing needs of our users and to stay ahead in our industry. Our goal is to provide the best possible experience to our users.

Nature of Changes

Changes to our service may include, but are not limited to:

1. Updates and Upgrades: Regular updates and upgrades to enhance functionality, security, and user experience.
2. Modification of Features: Addition, modification, or removal of features or functionalities within the service.
3. Service Expansion: Expansion or reduction of service offerings, including new tools, resources, or third-party integrations.
4. User Interface Changes: Modifications to the look and feel of our service's user interface to improve usability and accessibility.

Notification of Changes

1. Advance Notice: We will provide users with advance notice of any significant changes to the service, whenever possible.
2. Communication Channels: Notices of changes will be communicated through our website, email notifications, service announcements, or other appropriate means.
3. Updates to Documentation: Relevant documentation, help resources, and guides will be updated to reflect any changes in the service.

User Feedback

We welcome and encourage feedback from our users regarding changes to the service. Your input is valuable in helping us to align our services more closely with user needs and preferences.

Acceptance of Changes

Continued use of the service after any such changes constitutes your consent to such changes. If you disagree with any changes, you have the option to discontinue using our services.

Periodic Review

We recommend users periodically review the "Changes to the Service" section and other relevant sections of our Terms and Conditions to stay informed of any updates.

Effective Date

Date of Commencement

These Terms and Conditions are effective as of January 1, 2024 ("Effective Date"). By accessing or using our Service on or after this date, you agree to be bound by these Terms and Conditions.

Updates and Revisions

Any updates or revisions to these Terms and Conditions after the Effective Date will be highlighted in this section, and the date of such updates or revisions will be noted. Your continued use of the Service after any such changes will constitute your acceptance of the new Terms and Conditions.

Previous Versions

In case of any modifications to these Terms and Conditions, Funraiser, Inc will maintain an archive of previous versions for your reference. Users are encouraged to review this section periodically to stay informed of any changes.

Acknowledgment of Understanding

Confirmation of Agreement

By using the services provided by Funraiser, Inc, you acknowledge and affirm that:

1. Read and Understood: You agree to be legally bound by these Terms and Conditions, including any modifications made to them from time to time.
2. Acceptance of Terms: Notices of changes will be communicated through our website, email notifications, service announcements, or other appropriate means.
3. Capacity to Agree: You represent that you have the legal capacity to enter into this agreement and that you are not barred from receiving services under the laws of the United States or any applicable jurisdiction.
4. Full Agreement:: You agree that these Terms and Conditions constitute the full and exclusive understanding and agreement between you and Funraiser, Inc, superseding all prior agreements, communications, and understandings, both written and oral, regarding the subject matter hereof.
5. Non-Reliance: You acknowledge that no other representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, nor relied upon by you in agreeing to these Terms and Conditions.

Updates and Revisions

You acknowledge that these Terms and Conditions may be updated or revised from time to time, and you agree to be bound by such modifications or revisions. Your continued use of the Service after any such changes will constitute your acknowledgment and agreement to the modified Terms and Conditions.