Effective date: [DATE] · Last updated: [DATE]
Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the EndowFund website, applications, and services (collectively, the “Service”), operated by [ENDOWFUND LLC] (“EndowFund,” “we,” “us,” or “our”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Who the Service Is For; Eligibility
- Fundraiser Leaders must be at least 18 years old and legally able to enter into contracts.
- Participants (“Members”) who are under 18 (“Minors”) may use the Service only with the verifiable consent of a parent or legal guardian, as described in our Participant & Parent/Guardian Consent Agreement.
- You agree to provide accurate account information and to keep it current. You are responsible for activity that occurs under your account and for keeping your login credentials secure.
2. What EndowFund Is (and Is Not)
EndowFund is a technology platform that helps groups run peer-to-peer fundraising campaigns. Fundraiser Leaders create campaigns; Members join and add contacts of prospective donors; and the Service helps generate payment links (processed by Stripe) that Members share with those contacts.
- EndowFund is not a charity, a bank, a money transmitter, or a financial advisor, and does not provide legal, tax, or financial advice.
- EndowFund does not solicit donations on your behalf and is not the recipient of donations. Payments are processed by our third-party payment processor and are directed to the applicable organizer according to the campaign’s configuration.
- Donations made through the Service are generally not tax-deductible unless the campaign is operated by, or for the benefit of, a qualified charitable organization and the applicable legal requirements are met. Do not represent donations as tax-deductible unless that is accurate.
3. Payments, Fees, and Refunds
- Payments are processed by Stripe, Inc. (“Stripe”). By using the payment features, you agree to be bound by Stripe’s applicable terms, and you authorize us and Stripe to process payments and related transactions.
- EndowFund may charge a platform fee, and standard payment-processing fees also apply. Applicable fees will be disclosed to you before you use the relevant feature. [DESCRIBE YOUR FEE — e.g., “EndowFund retains a platform fee of [X]% of each donation; payment-processing fees are additional.”]
- Donors are responsible for the accuracy of their payment information. Refund and chargeback handling is subject to Stripe’s processes and applicable law. [DESCRIBE YOUR REFUND POLICY.]
4. The Messaging Feature; Your Responsibilities
The Service lets Members share payment links with prospective donors, including by opening the Member’s own email or text-messaging application with a pre-filled message. You understand and agree that:
- Messages are sent by you, from your own device and accounts, to contacts you choose. EndowFund does not send these messages on your behalf.
- You will only add and contact people with whom you have a genuine personal or family relationship and who you reasonably believe would welcome your message. You will comply with all applicable anti-spam and communications laws.
- You will not use the Service to send unsolicited bulk messages, harass anyone, or contact people who have asked you to stop.
5. Acceptable Use
You agree not to: use the Service for any unlawful, fraudulent, or deceptive purpose; misrepresent the purpose of a campaign or where funds go; upload others’ personal information without a proper basis to do so; attempt to disrupt, reverse-engineer, or gain unauthorized access to the Service; or use the Service to exploit, endanger, or inappropriately contact any minor. We may suspend or terminate accounts that violate these Terms.
6. Content and Accounts
You retain ownership of the information you submit, and you grant us a limited license to use it to operate and provide the Service. You are responsible for the accuracy and lawfulness of the information you provide, including any contact information you enter for prospective donors.
7. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY CAMPAIGN WILL RAISE ANY PARTICULAR AMOUNT.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENDOWFUND AND ITS OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL PLATFORM FEES YOU PAID TO US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
9. Indemnification
You agree to indemnify and hold harmless EndowFund and its owners, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your use of the Service, your content, your communications with others, or your violation of these Terms or applicable law.
10. Termination
You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. Certain provisions (including Disclaimers, Limitation of Liability, and Indemnification) survive termination.
11. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new effective date). Your continued use of the Service after changes take effect constitutes acceptance.
12. Governing Law; Contact
These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-laws rules. Questions about these Terms may be directed to [CONTACT EMAIL].