The whole process is: you submit the fund application form to us. Then we review the application. If success, we will email you a URL link for you to raise fund. When it's done, we will send you the money.
By sending the fund application form, you give us the permission to post your application form input (NOT including your or fund receiver's email, phone number, and the detailed address)(we may show your or fund receiver's city, state or province, country, and social network URL links on our website) and image URLs to our website for your fund raising. You also give us the permission to download your images from the images URLs and save it to our server and show it on our website in case the images URLs are not available or updated with new images or contents.
Applications are processed on a first come basis. Funding as a personal gift does not need to pay tax in some countries. Funding to a company needs to pay tax in many countries. Once your application has been approved, we will email you a URL link for your fund raising. We will inform you of the details of how to receive your fund after your fund application is accepted.
We get payment and send out money to you or the fund receiver.
Donation to a person as gift is tax free!
For security reasons, we only save your billing address and the last four digits of your credit card number into the database. We do NOT save your whole credit card number, credit card expiration date, and CVV into the database. Your billing address is used for verification and future communications.
Because we are very busy dealing with a lot of details everyday and our privacy policy, if you need donation list report, pay us for it. Contact us for details.
Please enter correct social network website URLs related to your application. We need to review your URLs to make decisions. If your URLs are wrong, invalid, or not related to this application, we could deny your application.
No fraud is allowed in the fund application and fund raising process. If we find fraud during the fund application and fund raising process, we will freeze all the fund we have received and take some necessary actions.
RELEASE PERSONAL INFO AGREEMENT: You grant permission for use of your info, details, and/or photograph or voice in broadcast, telecast, print or any other account of this website and related websites.
CANCELLATION POLICY: You may cancel the fund raising at any time. You must email us for it. Donations raised and received by us will be on hold by us after your cancel it.
We are NOT responsible for obtaining your goal fund on time. You need to use your social networks and activities to make it happen.
Fundingvibes Terms And Conditions
Effective Date: April 28, 2025
1. Introduction
1.1. Purpose of the Terms
Welcome to Fundingvibes! These Terms of Service, which may be updated periodically, govern your use of the Fundingvibes Platform, including our website at www.fundingvibes.com, mobile applications, and any new features we may introduce. These Terms are crucial as they outline our relationship with you while using the Platform. References to "Fundingvibes," "we," "us," "our," and similar terms pertain to the entity you are entering into a contract with.
1.2. Acceptance of Terms
By accessing or using any of our Services or the Platform, you agree to these Terms of Service. This indicates your understanding and acceptance of all rules regarding the use of our Services. Whether you are contributing as a Donor, initiating a Fundraiser, or withdrawing funds as an Organizer, Beneficiary, or NPO, these terms apply to you. Depending on your location, you may be entering into this agreement with different Fundingvibes entities. For users in Canada, you are contracting with Fundingvibes. However, Fundingvibes may enforce these Terms on behalf of the contracting entity. Please refer to the end of these Terms for contact details of each Fundingvibes entity.
1.3. Quick Note on Arbitration
If you are using Fundingvibes in the United States, Australia, or Canada, please be aware of our arbitration agreement. By using our Services, you agree that any disputes or legal issues between you and Fundingvibes will be resolved through binding arbitration rather than in court. You also waive your right to participate in a class action lawsuit or to have a jury trial. For more details, please review the "Dispute Resolution & Arbitration" section of these Terms.
2. Definitions
Here are key terms referenced throughout these Terms of Service:
2.1. Account
A unique account created by a user to access and utilize Fundingvibes' Services, containing personal information, credentials, and activity logs.
2.2. Affiliates
Entities that directly or indirectly control, are controlled by, or are under common control with Fundingvibes, including subsidiaries and parent companies.
2.3. Beneficiary
The individual, group, or entity that benefits from a Fundraiser and is the intended recipient of the raised funds.
2.4. Certified NPO
A 501(c)(3) non-profit organization enrolled with the PayPal Giving Fund to receive donations.
2.5. Donor
An individual or entity that contributes funds to a Fundraiser through the Services.
2.6. Fundraiser
A campaign initiated on the Services aimed at raising funds for a specific purpose for a Beneficiary.
2.7. NPO
A non-profit organization (including churches and educational institutions) established for charitable purposes under applicable laws and eligible to receive donations through the Platform.
2.8. Organizer
An individual or entity (including a non-profit organization) that initiates and manages a Fundraiser on the Platform.
2.9. Platform
The complete suite of online Services provided by Fundingvibes and its Affiliates, including our website, mobile applications, and related technologies.
2.10. Profile
An optional feature allowing Users to share their activities on Fundingvibes with others, including Fundraisers they have created or donated to (unless donated anonymously).
2.11. Recurring Fee
A fixed fee charged when donors set up a recurring donation to a Fundraiser. For more details, visit Fundingvibes Pricing.
2.12. Services
All features, functionalities, and tools provided by Fundingvibes and its Affiliates through the Platform, enabling Users to create and manage Fundraisers, Profiles, donate, and interact.
2.13. Services Content
All content and materials provided by Fundingvibes on the Services, including text, graphics, logos, images, and software, excluding User Content.
2.14. Software
The proprietary software and applications owned by Fundingvibes that enable users to access and use the Services.
2.15. Third Party Resources
Websites, Services, content, or resources provided by entities other than Fundingvibes or its Affiliates, accessible through the Services.
2.16. Transaction Fee
A fee charged by Fundingvibes or its payment processors for processing donations. For more details, visit Fundingvibes Pricing.
2.17. Transfers
The process of moving funds raised through the Services to the Beneficiary's bank account or designated account.
2.18. User
Any individual or entity that accesses, registers for, or uses the Platform, including Organizers, Donors, Beneficiaries, and NPOs.
2.19. User Content
Any content, activity, or information, including your name, text, images, videos, and other materials, that a User posts, uploads, submits, or shares on or through the Services.
2.20. User Conduct
The behaviors and actions of Users while using or accessing the Services.
3. The Services We Provide
3.1. Description of the Services
We offer a Platform for individuals, entities, or nonprofits to create Fundraisers to collect monetary donations from Donors for themselves or a third party. We also provide a Profiles feature for users to share information about their fundraising activities and highlight causes they support.
3.2. Our Role and Limitations
Our Services serve as a tool for running Fundraisers and connecting Organizers with Donors; we are not a bank, payment processor, broker, charity, or financial advisor. We do not solicit donations, and the existence of our Services does not constitute a solicitation. We do not engage in solicitation activities for ourselves or others. All information provided through our Services is for general knowledge and not professional advice. If you need specific advice, especially regarding financial, legal, or tax issues, consult a professional. We do not control or endorse any User, Fundraiser, or cause, and we cannot guarantee the success of a Fundraiser. As a Donor, it is your responsibility to determine if a cause is worth supporting.
3.3. Modification, Suspension, or Termination of the Services
We reserve the right to change, pause, or discontinue all or part of the Services at any time for any reason. While we will strive to minimize disruptions, we may not always provide advance notice, especially in emergencies or as required by law. We are not liable for any issues arising from these changes. Additionally, we may conduct tests, including A/B testing, to enhance and personalize your experience.
4. Account Creation and Eligibility Requirements
4.1. What You Need for Registration
When signing up for certain Services, you must provide accurate and complete information about yourself, your organization, or your NPO, including your name, address, phone number, and any photos or videos if you're organizing a Fundraiser or creating a Profile. Keeping this information up to date is essential for smooth operation. Our Privacy Notice and these Terms govern your registration data and any other information you provide.
4.2. Compliance with Third-Party Services
You may need to register with third-party payment processors we work with, which may involve agreeing to their terms. If we or our payment processors find that your information is inaccurate, violates our Terms, or if you misuse funds, we may suspend or terminate your access to our Services. You could also face legal consequences.
4.3. Age Restrictions
If you are under 18, you cannot use our Platform or Services. By using our Platform, you confirm that you are over 18. However, Minors under 18 may be Beneficiaries of Fundraisers on our Platform, subject to compliance with Section 9.4.
5. Payment Processors
Fundingvibes does not hold funds raised on our Platform or process payments. We use third-party payment processors to manage and process all donations. To transfer funds from a Fundraiser, you must provide your bank account details to our payment processor partners.
By making a donation, setting up a Fundraiser, or accepting the role of Beneficiary, you agree to the processing, use, transfer, or disclosure of data by the Payment Processors according to these Terms and their applicable terms. Our current Payment Processors include PayPal, Inc. and PayPal Giving Fund.
For more details on how we handle data with these third-party payment processors, please refer to our Privacy Notice and the terms of Adyen LLC and Stripe, Inc.
6. User Responsibilities and Obligations
6.1. Organizers
As an Organizer, you represent and warrant that all information you provide about your Fundraiser is accurate, complete, and clear. You are responsible for explaining how funds will be used and ensuring they are used for that specific purpose. You may post updates to inform Donors about the use of their contributions. If raising funds on behalf of someone else, you must ensure that all funds are given to or spent on behalf of that Beneficiary. By adding a Beneficiary, you relinquish control of the donations to them. You agree to comply with all laws and regulations related to your Fundraiser, including those regarding taxes and donations. If using personal data from anyone, you must have their valid legal permission to share it. You also agree not to offer goods or services in exchange for donations. We may share information about your Fundraiser with Donors, the Beneficiary, legal authorities, and as described in our Privacy Notice. If you create a Fundraiser for an NPO, you consent to us sharing your name and email with that NPO for compliance or fundraising purposes.
(a) Maintaining Accurate Information
Keeping your registration details accurate and current is essential. This includes updating your name, address, and any images or videos you use to represent yourself or your organization. This helps maintain transparency and trust with Donors and ensures compliance with these Terms and applicable laws.
(b) You Agree to Cooperate
When organizing a Fundraiser, you agree to cooperate with any requests for evidence necessary to verify compliance with these Terms. Requests may include explaining how funds were or will be handled, providing documentary evidence, sharing identities of parties involved, and supplying proof of fund usage. We reserve the right to refuse or suspend any Donations, Accounts, Fundraisers, or Transfers that may violate these Terms or harm our Users or Fundingvibes.
6.2. Donors
When donating on Fundingvibes, it's your responsibility to understand how your donation will be used, and you do so at your own risk. Regularly check the Fundraiser's page for updates. We are not responsible for what Organizers promise or offer in their Fundraisers, nor do we verify the information provided. However, we take reports of fraud seriously and will take appropriate action against any violations. Unless you choose to donate anonymously, you consent to Fundingvibes using your name to promote donation matching or encourage others to donate, with additional consents obtained as required by law.
(a) Making Donations
When donating to a Fundraiser or NPO, you must use a credit card and represent that your payment information is correct and that you are authorized to use it. There may be a minimum donation amount, and once you donate, your money will not be refunded unless Fundingvibes decides to issue a refund under specific conditions. We use third-party payment processors for donations, and by donating, you agree to their handling of your payment information.
(b) Recurring Donations
By opting into recurring donations, you authorize Fundingvibes to charge your designated payment method at the frequency you select until the Fundraiser ceases to be valid or you cancel the donation. You may cancel your recurring donation at any time, and cancellation will take effect promptly.
(c) Reporting Concerns
We take reports of fraud seriously. If you suspect misuse of funds, please use the "Report" button on the Fundraiser to alert our team for investigation.
(d) No Restrictions When You Donate to NPOs
If you donate to an NPO, you cannot dictate how your donation is used. Even if you provide specific instructions, the NPO has the final say.
(e) Tax Implications of Donating to NPOs
Consult a tax advisor to understand if your donation is tax-deductible. Fundingvibes does not withhold funds for tax purposes and is not liable for any claims regarding how your donation is reported.
(f) We Share Your Information with NPOs You Donate To
We may share your personal information with the NPO you donate to, in accordance with our Privacy Notice. The NPO may use this information for compliance and transactional purposes.
(g) ACH Donations
When donating via ACH transaction, you authorize Fundingvibes to electronically debit your linked bank account. This authorization remains in effect until you notify Fundingvibes Support that you wish to revoke it.
6.3. Profiles
If you create a Profile, you agree to adhere to all terms regarding User Content and User Conduct. You may not post misleading or unlawful content and must provide accurate information about your identity. You may use a username or identifier, but we reserve the right to remove it if deemed inappropriate. By creating a public Profile, you acknowledge that your information may be visible to other Users.
6.4. NPOs
If fundraising on behalf of an NPO, you represent that you are authorized to do so and will comply with applicable laws. Your NPO must be legally recognized and registered with the appropriate authorities.
(a) Refunds via PayPal or PayPal Giving Fund
If a Donor receives a refund and the PayPal Giving Fund has already transferred the donation, the refunded amount will be deducted from future payments to the NPO.
(b) Adding or Claiming Your NPO on the Services
Authorized representatives from NPOs can claim their pages on Fundingvibes. By claiming a page, you represent that you have the authority to act on behalf of the NPO.
(c) Removing Your NPO from Fundingvibes
If you wish to remove your NPO from our database, you can request this via email.
(d) Receiving Funds
As an NPO, the total amount received will be reduced by Transaction Fees and subject to the payment processor's procedures.
(e) Payment Processors for NPOs
Fundingvibes partners with PayPal and, in limited cases, Adyen or Stripe to process Donations to NPOs.
(f) PayPal Giving Fund
In the U.S., Donations to Certified NPOs are made to PayPal Giving Fund, which grants funds to the selected NPO according to its policies.
6.5. Tax Responsibilities for Organizers, NPOs, and Beneficiaries
You are solely responsible for paying any applicable taxes on donations received. It's your responsibility to calculate, report, and pay the correct amount to tax authorities.
6.6. Data Sharing with NPOs
NPOs may receive data from us regarding Donors who contributed to their organization. You confirm that you will use this data only for compliance or fundraising purposes.
7. Transfers, Holds, Returns & Chargebacks
7.1. Transfers
While we strive to make Transfers available promptly, our ability to do so depends on accurate information from Users and our technical systems. You acknowledge that Transfers may not be immediately available, and we do not guarantee specific timeframes. You agree to cooperate with any requests for evidence necessary to verify compliance with these Terms.
(a) You Must Provide Accurate Info
As an Organizer or Beneficiary, you are responsible for verifying your personal and bank account information promptly.
(b) Refunds
We may issue refunds at our discretion for various reasons, including fraud prevention or violation of our Terms. We will determine the appropriate resolution for refund requests.
(c) Transfer Funds within 120 Days
If you do not Transfer your donations within 120 days of the first donation, our payment processors may refund or escheat any funds raised.
7.2. Transfer Holds
We may place a hold on a Fundraiser or restrict Transfers for various reasons, including compliance verification or legal requirements.
7.3. Payment Processor Chargebacks or Returns
If a Donor disputes a charge or requests a refund, we will review the request and may contest it based on authorization. If a chargeback occurs, the Donor forfeits any protections under the Fundingvibes Giving Guarantee.
8. Prohibited Fundraisers and Related User Content
This section outlines prohibited Fundraisers and User Content. We may remove any content that violates these Terms and may take legal action if necessary.
You agree not to use the Services to raise funds or post content that promotes:
8.1. Violations of Law
Any illegal activities or violations of regulations.
8.2. Fraudulent Fundraisers
Fundraisers that are misleading or impossible.
8.3. Offensive Content
Content that is graphic, sexual, or otherwise inappropriate.
8.4. Ransom or Exploitation
Funding for illegal activities such as human trafficking.
8.5. Illegal Substances
Purchase or use of illegal drugs or controlled substances.
8.6. Sanctioned Activities
Activities involving entities subject to economic sanctions.
8.7. Weapons
Funding for weapons or explosives.
8.8. Terrorism
Support for terrorism or extremist activities.
8.9. Discrimination
Content that promotes bullying or discrimination.
8.10. Legal Defense of Crimes
Funding for legal defenses related to financial or violent crimes.
8.11. Self-Harm
Content promoting self-harm or suicide.
8.12. Gambling
Any gambling-related activities.
8.13. Concealing Fund Origins
Activities that obscure the source of funds.
8.14. Investments
Any investment schemes or get-rich-quick schemes.
8.15. Cash Advances
Receiving cash advances for any reason.
8.16. Intellectual Property Infringement
Content that infringes on third-party rights.
8.17. Sale of Goods
Selling or reselling goods or services.
8.18. Electoral Fundraising
Fundraising for elections unless managed by the candidate.
8.19. Circumventing Rules
Attempts to bypass payment processing rules.
8.20. Financial Risk
Activities that present unacceptable financial risks.
8.21. Other Unacceptable Activities
Any other activities deemed unacceptable by Fundingvibes.
If you are in the UK, you may offer giveaways in connection with your Fundraiser, but otherwise, Promotions are not permitted.
9. Prohibited User Conduct
This section outlines prohibited User Conduct. We may remove any content that violates these Terms and may take legal action if necessary.
By using the Services, you agree:
9.1. No Infringing Content
Not to upload content that infringes on intellectual property rights.
9.2. No Disruption
Not to interfere with servers or networks.
9.3. No Data Harvesting
Not to collect or publish personally identifiable information.
9.4. not to raise money on behalf of a minor unless (i) the minor's guardian has given you their express consent, or (ii) the money is transferred into a trust, UTMA, or UGMA account for the minor's exclusive benefit;
9.5. not posting any personal information or other details about a third party without that third party's express consent, or using the Services on their behalf;
9.6. not to post User Content in any inappropriate category or area on the Services, falsify or otherwise misrepresent your affiliation with a NPO or Fundraiser, use another User's Account or URL without authorization, or impersonate any person or entity;
9.7. not to impose any liability on Fundingvibes or result in the loss (complete or partial) of web hosting firm, Internet service provider(s), or any other suppliers or vendors;
9.8. to refrain from using any unlawful or unauthorized methods to get unauthorized access to the Services or any associated computer system, network, or account;
9.9. to refrain from attempting to gain any information or materials that are not purposefully made available through the Services;
9.10. to refrain from using the Services to post, transmit, or otherwise exploit any software, information, or other materials for commercial purposes or that contain advertisements, with the exception of fundraising activities that are specifically allowed under these Terms of Service;
9.11. to refrain from sending more request messages via the Services in a specific amount of time than a human might reasonably generate in the same amount of time using a standard web browser;
9.12. refraining from any actions or behaviours that are incompatible with the operations or goals of the Services;
9.13. never divulge your login information or password to third parties;
9.14. to refrain from making or accepting any donations that you believe to be fraudulent, erroneous, or suspicious;
9.15. not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC) nor as applicable in your country;
9.16. not to try to carry out any of the aforementioned tasks in an indirect manner.
9.17. to uphold appropriate and common security means to safeguard any data sent and received over the Services, including but not limited to following such security protocols and restrictions that Fundingvibes may occasionally mandate;
9.18. to keep a copy of any electronic and other fundraising and donation-related records as needed for Fundingvibes to confirm adherence to these terms of service and to provide Fundingvibes with access to such information upon request. To be clear, the aforementioned has no bearing on or restriction on your duties to keep records as mandated by relevant laws, rules, regulations, or governmental bodies; and
9.19. to assist, to the extent that it is reasonably possible and allowed by applicable law, at Fundingvibes's request in the auditing, investigation, and remedial actions to address any alleged or discovered violation or wrongdoing of a User to whom, or Fundraiser or Donation to which, you are connected, as well as an investigation by Fundingvibes, a Payment Processor, or a regulatory or governmental authority.
9.20. must refrain from using software, automated scripts, bots, or any other technique not specifically approved by Fundingvibes to create fake followers or engage in any other type of inauthentic activity.
10. Reporting Fundraisers and Moderation of Content
Please email us at admin@fundingvibes.com to notify our team of any possible problems if you have cause to think that it contains anything that is unlawful, violates these Terms of Service, or goes against our content moderation standards. We will look into the matter. You can use our available dispute resolution procedures if you disagree with a decision we made in response to a notification or complaint about User Content and/or Platform use that Fundingvibes prohibits or that is unlawful.
To find and fix infractions of our Terms of Service, we use a mix of human inspection, machine learning, and business rules. We filter User Content, and shield people from unlawful content. We handle and resolve complaints. You understand that the content moderation guidelines in this section do not supersede the policies and procedures that govern how we moderate user content, safeguard people from unlawful content, report or appeal infractions, handle and resolve complaints, and use dispute resolution tools.
11. Fees
11.1. We Don't Charge a Platform Fee: A Platform fee is an upfront, calculated charge, either fixed or percentage-based, for accessing or using a specific service on a Platform. We do not charge a Platform fee, and we do not charge to start or maintain a Fundraiser. However, a Transaction Fee does apply to donations received. Notwithstanding the foregoing, if you are using our suite of online fundraising tools for non-profits to power donations on your own website, separate fees may apply. The pricing and fees terms in your existing contract with us will remain in effect for any payments facilitated by us on your entity's website until the contract terminates in accordance with its terms. Such pricing will not be modified by claiming your NPO Profile or agreeing to Fundingvibes's Terms of Service.
11.2. A Transaction Fee Is Charged on All Donations and A Recurring Fee is Charged for Recurring Donations: A Transaction Fee is the cost of processing a payment. Although there are no Platform fees to start or maintain a Fundraiser, please keep in mind that a Transaction fee, including credit charges, is deducted from each donation by our Payment Processors to securely deliver your donations.
12. Intellectual Property Rights, Content Ownership and Licenses
12.1. Ownership and intellectual property: You acknowledge that the Services Content are protected under laws related to copyright, patent, trademark, and other proprietary rights. The technology and Software that support the Services, or are distributed in connection with them, are owned by Fundingvibes, our Affiliates, and our partners.
12.2. Use of Fundingvibes Trademarks: The Fundingvibes name and logos are trademarks of Fundingvibes and its Affiliates (collectively the "Fundingvibes Trademarks"). Other company, product, and service names and logos displayed on our Services or Platform may be trademarks of their respective owners, who may or may not be affiliated with us. Nothing in these Terms of Service or our Services gives you permission to use any Fundingvibes Trademarks without our prior written consent. All goodwill generated from the use of Fundingvibes Trademarks benefits us exclusively.
12.3. Do Not Misappropriate Content on our Site: You agree not to alter, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content. You agree not to use any data mining, spiders, robots, scraping, or similar data gathering or extraction methods to extract or copy any of the Services Content in any form or otherwise in connection with your use of the Services. If we block your access to the Services (including blocking your IP address), you agree not to bypass this blocking (for example, by masking your IP address or using a proxy IP address). Any rights not expressly granted herein by us are reserved.
12.4. Do Not Misappropriate our Software: You are prohibited from copying, modifying, creating derivative works of, reverse engineering, disassembling, or attempting to discover any source code of the Software or the Services in any form.
12.5. Rights and Permissions for User Content You Share: When you share content through our Services, including through your Profile, you represent and warrant that you either own the content or have permission to use and share it. This includes all related copyrights, trademarks, and rights to privacy or publicity. When you upload, share, or make any User Content available in connection with the Services, you grant Fundingvibes and its Affiliates the worldwide, royalty free, transferable, sublicensable, perpetual, irrevocable license to copy, display, distribute, store, modify, translate, publish, prepare derivative works, or otherwise use that User Content for any purpose, including for the promotion, advertisement or marketing of our Services in any form of media. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Fundingvibes's exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
12.6. Release and Waiver of Rights in User Content: When you post any User Content and to the maximum extent permitted by law, you irrevocably waive any moral rights in your User Content against us and our Users, and agree to release and hold harmless Fundingvibes, our contractors and our employees from (i) any claims for invasion of privacy, publicity or libel; (ii) any liability from the use of your name, image, or likeness, including blurring, distortion, alteration or other uses; and (iii) any liability for claims made by you related to your User Content, name, image or likeness. By posting User Content, you also waive any right to inspect or approve any intermediary or finished versions of your User Content. If your User Content includes anyone other than yourself, you represent and warrant that you have obtained all necessary permissions, waivers, and releases from those individuals. This ensures that Fundingvibes can use the content as described above without any legal issues.
12.7. User Submissions and Feedback: Any content or information you provide to Fundingvibes, whether solicited or not, may be publicly accessible. This includes any information you post on forums, in comment sections, surveys, customer support communications, or any other submissions such ideas, suggestions or feedback about the Services ("Submissions and Feedback"). By submitting any Submissions or Feedback, you agree that (i) we have no obligation to keep Submissions or Feedback confidential; (ii) we may already have similar information under consideration or development; (iii) we can use and distribute Submissions and Feedback for any purpose, without acknowledgement or compensation to you; (iv) you have all necessary rights to submit such Submissions and Feedback; (v) you grant Fundingvibes a perpetual, worldwide, royalty-free, irrevocable, non-exclusive, and fully transferable license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit other information, including the right to sublicense these rights; and (vi) You waive any moral rights or equivalent claims to the extent permitted by law. This section remains effective even after your Account or use of the Services is terminated.
12.8. Copyright or Trademark Complaints: We respect the intellectual property of others, and we ask that our Users do the same. We will process and investigate notices of alleged copyright or trademark infringement and take appropriate action under the Digital Millennium Copyright Act ("DMCA") or other locally equivalent intellectual property laws. In our sole discretion, we may terminate the Accounts of any Users who infringe on others' intellectual property rights.
(a) Takedown Notice: If you believe that your work appears on our site in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, you must email us first at admin@fundingvibes.com.
To be effective, your Takedown Notice must contain the following information:
Your complete contact information (full name, mailing address and phone number). Please note that we may provide your contact information to the person who posted the content you are reporting. For this reason, you may wish to provide a professional or business email address;
A description of the copyrighted work that you claim has been infringed;
A description of the contention on our site that you claim infringes your copyright;
A description of where the material that you claim is infringing is located on the Services. The easiest way to do this is by providing web addresses (URLs) leading directly to the allegedly infringing content.
A declaration that:
You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
The information in your notice is accurate; and
Under penalty of perjury, you are the owner or authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
Your electronic or physical signature.
(b) Counter-Notice: If you believe that your User Content that was either removed or disabled is non-infringing or that you have authorization from the owner, the owner's agent, or pursuant to the law, to upload and use such content, you may send us a counter-notice at admin@Fundingvibes.com.
To be effective, your counter-notice must include the following information:
Your complete contact information (full name, mailing address and phone number). Please note that we may provide your contact information to the person who complained about your content. For this reason, you may wish to provide a professional or business email address;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A declaration that:
You have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
You consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located. If you are outside Canada, you must consent to the jurisdiction of any Federal District court in any judicial district in which Fundingvibes operates; and
You will accept service of process from or on behalf of the person who provided the DMCA takedown notice, or an agent of such person.
Your physical or electronic signature.
If we receive a counter-notice, we will send a copy of the counter-notice to the original complaining party, informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against the content provider or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice.
13. Data Privacy and Artificial Intelligence
13.1. Privacy Notice: At Fundingvibes, we respect the privacy of our Users. For details, please see our Privacy Notice. By using the Services, you acknowledge our collection, use and sharing of personal data as outlined therein.
13.2. Retention of Fundraiser Data: We are not obligated to retain data related to any Account or Fundraiser after its conclusion. We may delete historical data or terminate inactive Accounts without notice, except for any data we must keep to comply with legal obligations or to establish, exercise or defend legal claims. When possible, we will try to provide NPOs with reasonable notice before deleting Accounts or data tied to them.
13.3. Understanding Public Visibility and Privacy Settings: Some things you do on our Platform are public, like the posts you make and the material you upload (this could be anything from descriptions, photos, videos, comments, to music and logos). Also, the Profile information you provide (like your name, organization, photo, and biography) can be seen by other Users to help people connect within the Service. For example, if you're organizing a Fundraiser, you might share personal details, such as a hospital stay, which are sensitive. If you're donating, you can choose to show your donation publicly, meaning anyone on the internet, including search engines like Google, can see it. If you want to keep your donation private, just check the "Don't display my name publicly on the fundraiser" box when you donate. Keep in mind, the Fundraiser Organizer, their team, the Beneficiary and others will still see your information according to our Privacy Notice.
13.4. Third-Party Communications: When using our Services to communicate with third parties (e.g., referring someone or discussing a Fundraiser or Donation), you (i) confirm you have the authority and necessary consents from the third party to share their data with us and that you have informed them about how their information will be collected and used by Fundingvibes; and (ii) agree that we may identify you as the person who made the referral in any messages sent to the third party. You also agree that we may use such data to contact the third party or provide you with a template message to facilitate communication and that we may send reminders or related messages to you and the third party.
13.5. Artificial Intelligence: We're constantly developing new technologies and features to improve our Services. For example, we may enable you to use artificial intelligence ("AI") features developed by us and/or our third party service providers ("AI Service Providers") to make it easier for you to write, create assets or other content and promote your use of our Services such as helping you draft fundraisers, posts,create photos or videos to share your fundraisers, or for otherwise optimizing the use of our Services. AI features may also include a conversational chatbot or AI agent that will assist Users by guiding them through the fundraiser creation and management process. Use of these features is optional, offered solely as a convenience to you, and such features are offered on an as-is basis with no warranties of any kind.
(a) AI Chat Recordings: If you use our AI-powered chat agent, we will disclose when you are interacting with AI rather than a human. Additionally, your chats may be recorded by us and our AI Service Providers for training and quality assurance purposes. By using these AI features, you consent to such recordings.
(b) AI Accuracy, Limitations and User Responsibility: AI-generated content is probabilistic, meaning it may not always be unique across users and may contain errors, inaccuracies, or offensive content that does not reflect Fundingvibes's views. AI-generated content should not be relied upon for legal, financial, medical, or other professional advice. You are solely responsible for reviewing, editing, and ensuring the accuracy and appropriateness of all AI-generated content before incorporating it into your Fundraiser or otherwise sharing such content. Exercise discretion before using AI-generated content on social media or in any public or fundraising communications.
(c) Political Fundraising and AI-Generated Content: Users who utilize AI-generated content for political fundraising-related communications are responsible for complying with all applicable laws, including any requirements to disclose AI-generated media in connection with political fundraising-related communications. Users may not use AI-generated content in a manner that is intended to mislead Users or voters, impersonate candidates, or otherwise deceive the public in violation of any applicable laws.
(d) AI Content Moderation: You acknowledge that any information you provide and any information generated while using our AI features will be shared with our AI Service Providers to enable your use of our AI features and for content moderation and other purposes consistent with our Terms of Service. You may not use the AI Products in a manner that violates any terms or policy of any AI Service Provider.
(e) Other Restrictions on AI Use: AI-generated content may not be used to develop machine learning models or related technology. Our optional AI features may not be construed as acting as an agent for Fundingvibes, and may not bind us to any obligations, legal or otherwise. We do not guarantee the availability of the AI features in any or all geographical areas, and we reserve the right to modify, limit, or discontinue access to AI features on its platform at any time.
You may not use the Services, including any AI features available on the Platform, to develop machine learning models or related technology.
14. Third-Party Services and Content
14.1. Other Third Party Websites/Links/Services. Our Services may rely on, or certain third parties may include in our Services links to, certain Third Party Resources. We have no control over such Third Party Resources and do not endorse or otherwise take any responsibility for such Third Party Resources. By using our Services, you agree that we are not liable for the content, functions, accuracy, or legality of these Third Party Resources, or any damages or loss that may be caused by these Third Party Resources. In certain situations, Third Party Resources may include products or services offered by a third party that you may display or are otherwise made available through the Services and if so, you may be subject to third-party terms associated with such Third Party Resources. Fundingvibes has relationships with certain providers of such products and services, and we may be paid by such providers in the form of commissions in connection with these products and services.
15. Suspension or Termination of Accounts
You agree that we may, in response to concerns of fraudulent or illegal activity or a material breach of these Terms of Service, suspend or terminate your Account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time, including any Fundraisers you may have organized. To the extent permitted by applicable law, we may take any such actions without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. We may take such actions with or without providing you notice.
15.1. Account Closures: We reserve the right, without limitation, to close your Account or disable your access to the Services in any of the following circumstances: (i) we are unable to confirm that your Fundraiser complies with these Terms of Service; (ii) we are unable to support your Account from a technical perspective; (iii) our payment processors are unable to support your Account; (iv) the Beneficiary requests that the Fundraiser is removed; (v) your Account becomes dormant or otherwise abandoned; (vi) your Account displays activity that poses a risk to Fundingvibes or its community; or (vii) such action(s) is required to comply with a court order, writ, injunction, or as otherwise required under applicable laws and regulations. If we close your account or otherwise disable your access to the Services for any of these reasons, we may also issue refunds, as appropriate, in accordance with these Terms of Service and the Fundingvibes Giving Guarantee.
16. Disclaimers and Limitations of Liability
16.1. Warranty Disclaimer: YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EACH OF Fundingvibes AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT PREJUDICE TO STATUTORY WARRANTIES UNDER APPLICABLE LAW, AND WITHOUT PREJUDICE TO CONTENT MODERATION REQUIREMENTS WHERE PRESCRIBED BY APPLICABLE LAW, NEITHER Fundingvibes NOR ANY OF ITS AFFILIATES MAKE ANY WARRANTY OR CLAIM THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
ALL THIRD-PARTY INFORMATION AND CONTENT ON THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. Fundingvibes AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF THIS INFORMATION. NO CONTENT IS INTENDED TO PROVIDE FINANCIAL, LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE. BEFORE MAKING DECISIONS ABOUT FUNDRAISERS, NPOS, DONATIONS, OR ANY RELATED INFORMATION, CONSULT WITH YOUR FINANCIAL, LEGAL, TAX, OR OTHER PROFESSIONAL ADVISOR. YOU ACKNOWLEDGE THAT YOU ACCESS ALL INFORMATION AND CONTENT ON THE SERVICES AT YOUR OWN RISK.
WE DO NOT GUARANTEE THAT ANY FUNDRAISER WILL RECEIVE A SPECIFIC AMOUNT OF DONATIONS OR ANY DONATIONS AT ALL. WE DO NOT ENDORSE ANY FUNDRAISER, USER, OR CAUSE, AND WE MAKE NO GUARANTEES ABOUT THE ACCURACY OF INFORMATION PROVIDED THROUGH THE SERVICES. AS A DONOR, YOU MUST DETERMINE THE VALUE AND APPROPRIATENESS OF CONTRIBUTING TO ANY USER OR FUNDRAISER.
16.2. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Fundingvibes NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS; (III) DAMAGES FOR LOSS OF GOODWILL; (IV) DAMAGES FOR LOSS OF USE; (V) LOSS OR CORRUPTION OF DATA; OR (VI) OTHER INTANGIBLE LOSSES (EVEN IF Fundingvibes HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Fundingvibes' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Fundingvibes IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US$100).
YOU AGREE THAT NEITHER Fundingvibes NOR ANY OF ITS AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY CONTENT OR MATERIALS OF ANY THIRD PARTIES (INCLUDING USERS) OR ANY USER CONTENT (INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY USER CONTENT), OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUCH USER CONTENT. YOU ACKNOWLEDGE THAT Fundingvibes DOES NOT PRE-SCREEN ALL USER CONTENT, BUT THAT Fundingvibes AND ITS DESIGNEES WILL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE, REMOVE, OR ALLOW ANY USER CONTENT THAT IS AVAILABLE VIA THE SERVICES AT ANY TIME AND FOR ANY REASON, WITH OR WITHOUT NOTICE, AND WITHOUT ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS, DAMAGES, COSTS OR LOSSES RESULTING THEREFROM. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE OUTCOME OR SUCCESS OF ANY FUNDRAISER.
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 LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
17. Indemnification and Release
17.1. Obligations of Users to Indemnify Fundingvibes against certain types of claims: To the fullest extent permitted by applicable law, You agree to release, indemnify and hold Fundingvibes and its Affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses (including reasonable attorneys' fees), costs, awards, fines, claims, and actions of any kind, arising out of or relating to your use of the Services, any Donation or Fundraiser, any User Content or content generated by AI, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that Fundingvibes has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify Fundingvibes for the costs of its defense.
17.2. Release of Claims: If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction-in or outside of Canada-you waive any comparable statute or doctrine to the extent permitted by law.
18. Dispute Resolution & Arbitration
18.1. USERS IN CANADA AND ANYWHERE ELSE IN THE WORLD EXCEPT FOR THE EUROPEAN ECONOMIC AREA, THE UK AND SWITZERLAND:
PLEASE READ THIS SECTION CAREFULLY BEFORE USING THE SERVICES OR PLATFORM AS THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW CLAIMS THAT YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED. This Agreement requires you to arbitrate disputes with Fundingvibes and limits the manner in which you can seek relief. This Agreement limits certain legal rights, including the right to a jury trial, the right to participate in any form of class, collective, or representative claim, dispute or action, and the right to certain remedies and forms of relief. Other rights that we or you would have in court, such as an appellate review, also may not be available in the arbitration process described within this section.
(a) Informal Resolution: You and Fundingvibes agree that good-faith informal efforts to resolve disputes can often result in a prompt, low-cost and mutually beneficial outcome. In the unlikely event that a disagreement arises between you and Fundingvibes regarding any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Services or the Platform (collectively, "Dispute"), prior to initiating any legal action, you must first contact us directly by email at admin@Fundingvibes.com. You must provide your name, the email address associated with you (if any), a description of the Dispute and the specific relief sought.
You agree that the term "Dispute" in these Terms of Service will have the broadest meaning possible. These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of Fundingvibes, or third party if Fundingvibes could be liable, directly or indirectly, for such Dispute. This includes any Disputes arising out of or relating to your relationship with us, including without limitation, disputes related to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, your use of the services, and/or any rights of privacy and/or publicity.
During the 60 days from the date you first contacted us to inform us about the Dispute, you and we agree to engage in good faith efforts to resolve the Dispute. You will not initiate any legal action during this period. An extension of time may be mutually agreed upon by you and us.
Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration or legal action. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
(b) Binding Arbitration Agreement & Class Action Waiver: YOU AND Fundingvibes AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SERVICES IS PERSONAL TO YOU AND Fundingvibes. YOU AND Fundingvibes AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS AND NOT IN A COURT OF LAW. YOU AND WE HEREBY EXPRESSLY WAIVE ANY RIGHTS TO SUE IN COURT AND RECEIVE A TRIAL BY JUDGE OR JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration proceedings and arbitration outcome are subject to certain confidentiality rules, and judicial review of the arbitration outcome is limited. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. This Agreement to arbitrate such disputes, claims or controversies shall be referred to herein as the "Arbitration Agreement".
Notwithstanding the foregoing, the Arbitration Agreement shall not require arbitration of the following Disputes: (i) qualifying individual Disputes in small claims court, so long as such individual action remains in such small claims court and advances only on an individual (non-class, non-representative) basis; (ii) an enforcement action through the applicable federal, state, or local agency if that action is available; or (iii) injunctive or other equitable relief in a court of competent jurisdiction for any dispute related to the actual or threatened infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents).
(c) Arbitration Process, Rules, and Forum: You and Fundingvibes agree that the terms of this Arbitration Agreement are governed by the Federal Arbitration Act in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules"), including its Mass Arbitration Supplementary Rules, as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org. Unless otherwise agreed to by the parties in writing, the arbitration proceedings shall remain confidential. Unless you and Fundingvibes otherwise agree, or the Mass Arbitration process outlined below is triggered, the arbitration will be conducted in the county where you reside. Any Arbitration Demand filed with the AAA must comply with the requirements set forth by the AAA under its AAA rules. In addition, the demand shall include a statement certifying the completion of the informal dispute resolution conference pursuant to the informal dispute resolution section above. A copy of the Arbitration Demand must be sent by email to the counsel who represented Fundingvibes in the informal dispute resolution process, or if there was no such counsel then by email to admin@fundingvibes.com and by mail to Attn: Legal at PO Box 121270, 815 E Street, San Diego, CA, 92101, United States.
If the party requesting arbitration is represented by counsel, the Arbitration Demand shall also include counsel's name, telephone number, mailing address and email address. Counsel must also sign the Arbitration Demand. By signing the request, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (1) the Arbitration Demand is not being filed for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, we will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
(d) Arbitration Fees: Your responsibility to pay any AAA filing fees, case management fees and arbitrator compensation will be solely as set forth in the AAA Rules.
(e) Mass Arbitrations: In the event 25 or more Arbitration Demands of a similar nature are filed against Fundingvibes, where representation of all parties is consistent or coordinated across the cases, the AAA Supplementary Rules for Mass Arbitration shall apply.
All parties agree that Arbitration Demands are of a "similar nature" if they arise out of the same event or similar factual scenario, and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the applicability of the Mass Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing Process Arbitrator to determine the Mass Arbitration process' applicability ("Process Arbitrator"). In an effort to expedite resolution of any such disputes, the parties agree the Process Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. Should initial efforts at dispute resolution through the AAA-ICDR mediation as set forth in Section MA-9 of the AAA Supplementary Rules for Mass Arbitration fail and the cases proceed, you consent to and the Process Arbitrator shall order the cases to proceed according to the following batching terms:
The Process Arbitrator shall group and administer the arbitration demands into batches of no more than 26 demands per batch (plus, to the extent there are less than 26 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands. Thirteen (13) of the initial batch will be selected by the claimants and their coordinated counsel and thirteen (13) will be selected by Fundingvibes. If there is any dispute on the selection of claimants, the Process Arbitrator will have sole discretion to select the claims. The remaining Arbitration Demands shall be stayed nor shall any arbitration provider fees be assessed in connection with those Arbitration Demands until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining Arbitration Demands after the conclusion of the initial twenty-six proceedings, the parties shall participate in a second global mediation session. Should this second mediation not result in a global settlement, the batching process will repeat until such resolution is achieved.
You agree to cooperate in good faith with Fundingvibes to implement such a batch approach to resolution and fees, including the payment of single case management fees and arbitrator compensation for batches, as well as any steps to minimize the time and costs of arbitration. Any applicable statute of limitations on your Arbitration Demand and filing fee deadlines shall be tolled for batched coordinated disputes from the time any Arbitration Demand is selected for the first set of batching proceedings until the time your Arbitration Demand is selected to proceed in arbitration, withdrawn, or otherwise resolved.
This Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this section. If the terms regarding batched disputes is deemed unenforceable as to you or your batch, then it shall be severed and you agree to arbitrate in individual proceedings as ordered by the Process Arbitrator in accordance with this section.
(f) Confidentiality: We each agree to keep any informal dispute and arbitration proceedings confidential, including all information exchanged between us and any settlement offers, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective attorneys, accountants, auditors, and insurance providers.
(g) Enforceability: If any provision of these Terms of Service or this Dispute Resolution section is found to be unenforceable, illegal or invalid for any reason, such unenforceability, illegality or invalidity will not affect any other provision of these Terms of Service or this Dispute Resolution section, and these Terms of Service and this Dispute Resolution section will be construed as if such unenforceable, illegal or invalid provision had never been contained therein.
(h) Opt Out: You may opt out of this Arbitration Agreement. To opt out, you must notify Fundingvibes in writing no later than 30 days after first becoming subject to this Arbitration Agreement including any updates to the Arbitration Agreement. Your notice must include your name and address, the title of and link to your Fundingvibes fundraiser (if any), the email address you use to access your Fundingvibes account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to admin@fundingvibes.com with the subject line "Arbitration Opt-Out Notice". If you opt out of this Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you. Fundingvibes will continue to honor the valid opt outs of users who validly opted out of the Arbitration Agreement in a prior version of the Terms of Service.
(i) Time Period for Claims: You agree that any claim or cause of action arising out of or related to use of the Services, the Platform or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or otherwise will be forever barred, which means that you and Fundingvibes will not have a right to assert the Claim.
18.2. USERS IN THE UK, EUROPEAN ECONOMIC AREA AND SWITZERLAND: These Terms and any dispute arising out of or in connection with your use of the Services are governed by the laws of the Republic of Ireland subject to any more favorable public policy provisions under your local law, and the courts of the Republic of Ireland have exclusive jurisdiction, except to the extent that public policy provision under your local law allows for the competence of your local courts.
(a) Users In The European Union, Norway, Iceland Or Liechtenstein: You have the right to submit all unresolved disputes between you and Fundingvibes to the Online Dispute Resolution platform (ODR) arbitration administered by the European Union: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks then in effect, except that either party may seek injunctive relief for infringement of intellectual property rights or other proprietary rights, in court and that claim brought under the EU or UK General Data Protection Regulations may be resolved locally in court or by referral to a competent privacy regulator.
18.3. Disputes With Other Users: You agree that you are solely responsible for your interactions with any other User in connection with the Services and neither Fundingvibes nor its Affiliates will have any liability or responsibility with respect thereto. Fundingvibes and its Affiliates reserve the right, but have no obligation, to become involved in any way with disputes between you and any other User of the Services.
19. Changes to the Terms
19.1. Policies regarding how changes to the Terms of Service will be communicated and implemented: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. Where possible we will provide 30 days' notice of substantive changes to these Terms of Service and, if appropriate, we may inform Users of such changes via email or other appropriate means. Changes may be made at short or no notice where a change is required by law. When we make a change, we will post the revised Terms of Service on this page and will indicate the date of such revision. Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. If you do not wish to accept the new Terms of Service, you should discontinue your use of the Services.
19.2. English Version Binding: To the extent allowed by applicable law, the English language version of these Terms of Service is binding and their translations in other languages are for convenience only; in case of discrepancies between the English version of these Terms of Service and their translations, the English version shall prevail.
20. Miscellaneous
20.1. Entire Agreement: These Terms of Service constitute the entire agreement between you and Fundingvibes and govern your use of the Services and the Platform, superseding any prior agreements between you and Fundingvibes with respect to the Services. You also may be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software.
20.2. Governing Law: For Users in the United Kingdom, European Economic Area and Switzerland, these Terms of Service and any dispute arising out of or in connection with your use of the Services are governed as set out above under "Disputes - Users In the UK, European Economic Area and Switzerland". For all other Users, these Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Fundingvibes agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Mateo County, California.
20.3. Waiver: The failure of Fundingvibes to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
20.4. Severability: If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
20.5. Printed Version: A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20.6. Assignment: You may not assign these Terms of Service without the prior written consent of Fundingvibes, but Fundingvibes and/or its Affiliates may assign or transfer these Terms of Service, in whole or in part, without restriction. For the sake of clarity, Fundingvibes and/or its Affiliates may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise.
20.7. Section Titles: The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
20.8. Notices: To the extent permitted by applicable law, notices to you may be made via email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.
20.9. Force Majeure: Except to the extent provided otherwise under applicable law, Fundingvibes shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war or threats of war, terrorism or threats of terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, governmental regulation or advisory, recognized health threats, as determined by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies, strikes or shortages or curtailment of transportation facilities, fuel, energy, labor or materials.
20.10. Export Controls: Software available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of Canada or other jurisdictions. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties and (iii) you are not located in any other country or jurisdiction from which you would be barred from using the Services by applicable law.
21. Questions? Concerns? Suggestions?
Please contact us to report violations or pose any question at admin@fundingvibes.com.