1. BINDING EFFECT. This is a binding agreement between your organization and "Fundup Foundation, Inc.", a Maryland based company ("us", "we", "Company"). You certify that you are a representative of the 501(c)(3) organization that you are signing up and that you have the necessary authority to enter into this agreement on behalf of your organization. By using our site(the "App"), you agree to abide by these Terms of Use. If at any time you find these Terms of Use unacceptable, you must immediately leave the App and cease all use of it.
2. PRIVACY POLICY. We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into this Agreement by this reference.
3. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of Maryland and the United States, without reference to rules regarding conflicts of law. This App is originally intended for use by individuals based in the United States of America.
4. MINIMUM AGE. You must be at least 12 years old to use this App and have permission from a legal guardian if under the age of 14 to enter into this Agreement.
5. MAILINGS. You have the option, but not obligation, to sign up and receive tips to help you increase your impact and notifications of new features. Should you do so, you are agreeing to receive further emails from us that may be of a commercial nature.
6. EMAIL COMMUNICATIONS. When you contact us, you expressly consent and agree to receive email responses from us. These email communications may be commercial or non-commercial in nature. Non-commercial emails may include, but are not limited to, administrative issues and announcements of changes to these Terms, the Privacy Policy or other App documentation.
7. USE OF SOFTWARE. Company may make certain software available to you. If you download software from the Company, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed to be licensed to you by Company, for your personal, noncommercial use only unless otherwise authorized by the Company. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company and you may not copy or use them without permission from the Company. Email info@fundup.app for a permission request.
8. USER CONTENT By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the App, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a permanent, non-exclusive license to use User Content in connection with the operation of the Internet businesses of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the App, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You specifically consent to use of your organization’s name, logo, and any and all content provided to us through written, photo, or video uploads or links provided without any form of compensation. This information will be used to create your profile and may be used in marketing materials to promote your organization and/or Fundup
9. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When using the App, you agree to respect the intellectual property rights of others. Your use of the App is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
10. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; or (d) provides medical advice to other users. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the App, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
11. NO WARRANTIES. WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE MAKING THE APP AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE APP OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE APP, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE APP OR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
12. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
13. AFFILIATED SITES. We have no control over and no liability for any third party websites or materials. We provide links to nonprofit websites in the App. Because we have no control over the content and performance of these websites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the App, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
14. PROHIBITED USES. We impose certain restrictions on your permissible use of the App. You are prohibited from violating or attempting to violate any security features of the App, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the App, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the App, overloading, "flooding," "spamming," "mail bombing," "crashing" or instituting a "DDOS" attack on the App; (d) using the App to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the App; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the App. Any violation of system or network security may subject you to civil and/or criminal liability.
15. INDEMNITY. You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the App, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
16. COPYRIGHT. All contents of App or Service are: Copyright © 2021 Fundup Foundation, Inc.
17. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
18. NO LICENSE. Nothing contained on the App should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
19. NON-COMPETE. By using our app, you agree to not create your own version of our software or replicate the functionality of our app while still maintaining an account. If we discover you are developing a competing product (Fundup will be the sole judge of what constitutes a competing product), Fundup may stop distribution of donations raised through our app for your organization.
20. UNITED STATES USE ONLY. The App is controlled and operated by Company from its offices in the State of Maryland. The intended audience for this App consists of individuals in the United States. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the App should not be construed as Company's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Maryland and the United States.
21. CERTIFICATION OF FUNDRAISING LICENSES. You certify that you have obtained the necessary legal permission to fundraise in every state you receive donations from when using our app. Fundup is not responsible for any fines, legal fees, or otherwise incurred costs caused by or related to your failure to obtain the necessary licenses to fundraise in each state that Fundup users who donate to your organization live in.
22. FUNDUP SERVICES, RESPONSIBILITY, AND DEFINITION. Fundup is a fundraising tool and does not guarantee a minimum fundraising amount to your nonprofit. Fundup may provide some guidance on how to best use our app, but how much you successfully fundraise for your organization is solely your responsibility. Fundup is not a fundraising consultant, does not actively solicit funds on your behalf from donors, and at this time does not commit to promoting your organization.
23. SHARING OF DONOR INFORMATION WITH YOUR ORGANIZATION. Fundup does not currently share donor information with nonprofits. This may change in the future.
24. BUSINESS FUNDRAISER EVENTS. While Fundup does not currently host fundraising events for nonprofit organizations, businesses that sign up to use Fundup may host events to raise money for your organization. By using Fundup, you understand that businesses may choose to host these fundraiser events and may use your name and logo on materials they create and distribute to promote the event. Fundup has no control over this or any unwanted association this may cause between your organization and any businesses. By using Fundup, you hereby release Fundup and our business users from any liability in any unwanted association between your organization and any businesses that raise money for you using Fundup. If you discover a business is fundraising for your organization and you do not want to be associated with them, please email us at info@fundup.app and we will prevent the business from using Fundup to raise money for your organization.
25. TERMINATION. Fundup may terminate your account at any time at our sole discretion if your organization is found to be in violation of our core values as a company.
26. AMENDMENTS. Company reserves the right to amend these Terms. Should Company seek to make such an amendment, which we determine is material in our sole discretion, we shall provide you notice by email of said change 15 days prior to the change going into force. Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement. All amendments to the Terms shall be forward looking.
27. FUNDUP FEES AND DISTRIBUTION OF FUNDS. 95% of donations collected through Fundup for your organization minus credit card and any other payment processing fees will be paid out monthly to your organization via ACH transfer. This rate may change at any time at Fundup’s sole discretion. A 30 day notice will be provided before this rate goes into effect.