Terms of Service | FUNraiser

1. Introduction and Acceptance

Welcome to Funraiser, a platform operated by APT Ventures, LLC ("Company," "we," "us," or "our"), a California limited liability company. These Terms of Service ("Terms") govern your access to and use of the Funraiser website, mobile applications, and services (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

2. Eligibility

To use the Platform, you must:

Be at least 18 years of age, or have the consent and supervision of a parent or legal guardian
Have the legal capacity to enter into a binding agreement
Not be prohibited from using the Platform under applicable law
Provide accurate and complete registration information

3. Account Registration and Responsibilities

When you create an account on the Platform, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security and confidentiality of your login credentials
Accept responsibility for all activities that occur under your account
Notify us immediately of any unauthorized use of your account

4. Platform Role and Disclaimer

Funraiser is a platform and payment facilitator. We provide technology and services that enable organizations and individuals to create fundraising campaigns and sell products to supporters.

Important clarifications about our role:

Funraiser may act as the seller of record for certain physical products sold through the Platform
Campaign organizers are independent parties and are not employees, agents, or representatives of Funraiser
We do not guarantee the accuracy of campaign information provided by organizers
We do not endorse or guarantee the success of any campaign
Funds are collected by Funraiser and remitted to campaign organizers after campaign close, subject to our policies

5. Campaign Organizer Responsibilities

If you create a campaign on the Platform, you agree to:

Provide truthful and accurate information about your campaign and organization
Use funds raised solely for the stated purpose of your campaign
Comply with all applicable laws and regulations, including tax and charitable solicitation laws
Respond promptly to supporter inquiries
Not engage in fraudulent, deceptive, or misleading conduct
Maintain appropriate records and provide documentation upon request

6. Organizer Tax Responsibility

By creating or managing a campaign on Funraiser, you acknowledge and agree that:

You are the recipient of funds raised for your campaign
Funraiser acts solely as a payment agent
Funraiser does not determine whether funds are taxable
You are responsible for income tax, sales or use tax, and regulatory compliance
Funraiser does not provide tax advice

You agree to indemnify and hold Funraiser harmless from any claims, penalties, or liabilities arising from your tax obligations.

For more information, please see our How Taxes Work page.

7. Payment Processing

All payments on the Platform are processed through our third-party payment processors. By making a purchase or donation, you agree to the payment processor's terms of service.

We accept major credit cards and other payment methods as displayed at checkout
All transactions are processed in U.S. dollars
You are responsible for any fees charged by your financial institution
Funds collected are held by Funraiser and disbursed according to our fund release policies

8. Intellectual Property

The Platform and its original content, features, and functionality are owned by APT Ventures, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

By submitting content to the Platform, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content in connection with operating the Platform.

9. Prohibited Activities

You agree not to:

Violate any applicable law, regulation, or third-party rights
Use the Platform for any fraudulent, deceptive, or illegal purpose
Interfere with or disrupt the Platform or servers
Attempt to gain unauthorized access to any portion of the Platform
Use automated systems to access the Platform without permission
Impersonate any person or entity
Collect or harvest user information without consent
Post or transmit harmful code, viruses, or malware

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APT VENTURES, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to or use of (or inability to access or use) the Platform
Any conduct or content of any third party on the Platform
Any content obtained from the Platform
Unauthorized access, use, or alteration of your transmissions or content

Our total liability to you for all claims arising from or related to these Terms or the Platform shall not exceed the greater of $100 or the amount you paid us in the past 12 months.

11. Indemnification

You agree to defend, indemnify, and hold harmless APT Ventures, LLC and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform.

12. Termination

We may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

14. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules.

The arbitration shall take place in San Francisco, California, unless the parties agree otherwise. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

15. Class Action Waiver

YOU AND APT VENTURES, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after such modifications constitutes your acceptance of the updated Terms.

17. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and APT Ventures, LLC regarding your use of the Platform.

19. Contact Information

For questions about these Terms, please contact us at:

APT Ventures, LLC
Email: support@funraiser.com

18. Contact Information

For questions about these Terms, please contact us at:

APT Ventures, LLC
Email: support@funraiser.com