We are a for-profit corporation. Our principal business is the operation, maintenance and administration of the Platform. While we pride ourselves on being a socially conscious company, and thus do our best to structure our fees in a manner that allows Campaign Operators to keep as much of your Contributions as possible, neither we nor the Platform are charities or not-for-profit organizations.
WE DO NOT SOLICIT CHARITABLE DONATIONS FOR OURSELVES, FOR CAMPAIGN ORGANIZERS OR FOR ANY THIRD-PARTY.
Similarly, the Campaigns created using our Platform are not themselves charitable organizations and you understand that we do not make any claim that they are. While it is possible that, where a Campaign Operator is a recognized, properly formed charitable organization, your Contributions may turn out to be deductible for purposes of U.S. federal income tax, you are solely responsible for determining whether that is the case. We recommend you seek the advice of a reputable tax advisor.
Just as we are not a charity, we are also not a broker, financial institution, lender, insurer or creditor. We facilitate the Contribution transaction between Campaign Operators and Contributors, but we are not a party to any agreement between Campaign Operators and Contributors. We have no control over such transactions and agreements or any other acts, omissions or information furnished by any Campaign Operator or Contributor and we hereby disclaims all liability therefor.
Use of the Services. You may access and view the text, images, graphics, logos, audio, video and other information and materials made available on or from the Services (the “Content”) on your computer or other Internet compatible device solely in connection with your personal, non-commercial use. You also may print out and make copies of the Content in connection with such permitted, personal, non-commercial use. Content may have a variety of origins, including information generated and provided by us and third parties. We do not provide any warranty that the Content is or will be:
accurate or complete;
current (or that it will be updated);
error free (either technically or with respect to typographical errors); and/or
free from interruptions, computer viruses or other harmful components.
Use of the Platform.
Registration; Account and Campaign Creation.
In order to use the features and functions and exercise your rights under the Platform License granted below, you will have to register and create an account (an "Account") as either the organizer of (“Campaign Operator”) or a contributor to (“Contributor”) a campaign to raise funds for a Permitted Purpose (each a “Campaign”). In doing so, you will: (a) submit only complete and accurate information to include, where requested, valid credit card data or data for such alternative automatic payment options as we may accept (the "Account Information"); and (b) maintain and promptly update your Account Information if it changes. During the registration and Account creation process we will assign to Campaign Operators a unique location on our web site under the Kind.Fund domain (each a “Account Domain”). Campaign Operators are solely responsible for the descriptions and comments posted regarding their Campaign including all text, images, graphics, logos, audio, video and other information uploaded, posted, published, displayed or otherwise made available or transmitted from their Campaign.
All Platform Users will be issued credentials, typically via online integration with third party social networking services like Facebook, in the form of a unique user identification and a password, to authenticate their right to access the Account and, as applicable, Account Domain (collectively, "Account Credentials"). Your commitment to maintaining the strict confidentiality of that information is a material condition of your right to access the Platform and, where applicable, Account Domain. You must not allow others to use your Account Credentials or access your Account Domain and you agree to: (i) immediately notify us of any unauthorized use of your Account Credentials or any other breach of security related to the Account Domain or features and functions; and (ii) ensure that you log-off and exit from your Account at the end of each session. You are responsible for all activity that occurs under your Account Credentials. The term “Platform Users” refers to Campaign Operators and Contributors, collectively.
During Account creation, Campaign Operators will be asked certain questions regarding, and to provide information about the purpose of their Campaigns. We reserve the right to limit the types of purposes for which Campaigns may be created (each a “Permitted Purpose”) and, in all events, do not consider as Permitted Purposes, and will not accept (and may suspend or terminate) any Campaign which does or may violate law or regulation, appear fraudulent inaccurate or misleading, risk consumer safety, involve solicitation of any type of investment, gambling or gaming (whether or not it is legally defined as a lottery or sweepstakes), offers a monetary reward of any type, relates to the defense or support of anyone alleged to be involved in criminal activity or violates our Company principles in general.
Platform License Rights.
The Platform License rights are non-exclusive such that we may grant to others or reserve for our own use, rights that are the same as or similar to those we grant to you. All rights not expressly granted to you are reserved by us and our licensors. The Platform License has a limited term as specified in the applicable Platform License Metrics (the “Platform License Term”) and will expire at the end of that Platform License Term unless you renew. Each Platform License is personal to you and thus is non-transferable, non-assignable and non-sublicenseable.
Restrictions and Conditions.
Neither any user of the Services nor any Platform User nor any of their employees, agents or subcontractors shall: (a) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable local laws specifically prohibit such restriction), or create derivative works based on, or improvements of the features and functions of the Offerings; (b) make any copies of the features and functions of the Offerings; (c) create Internet "links" to the features and functions or "frame" or "mirror" any features and functions of the Offerings on any other server or wireless or Internet-based device except as permitted by the Platform License; and (d) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the features and functions of the Offerings in any way.
The Offerings may contain functionality (including codes that act as keys to “lock” and “unlock” access) designed to render them technologically incapable of being used except as permitted hereby. You must not remove, modify or obscure proprietary rights notices that we place on the Offerings. This means that if you print any portion of the Documentation, you must reproduce and prominently display our copyright and similar rights notices. You must comply with all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Offerings including those related to data privacy, international communications and the transmission of technical or personal data. You also must notify us immediately of any unauthorized use of the Offerings or any other known or suspected breach of security. You may not use the Offerings if you are our direct competitor, except with our prior written consent. In addition, you may not use the Offerings for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose.
Fees; Contribution Withdrawal Procedures.
We do not charge Campaign Operators any upfront fees for establishing a Campaign. Instead we retain a flat percentage of each Contribution. Kind.Fund currently charges a 5% platform fee from each donation and our payment processor charges 2.9% + $0.30 per donation. Platform Fees are not invoiced to the Campaign Operator, but are instead deducted from the amount which a Campaign Operator can withdraw from the Campaign. We reserve the right to change Fees from time to time but will provide notice of the change to you at least 30 days before the change is to take effect. Your continued use of the Offerings after the Fee change becomes effective constitutes your acceptance of the new Fees.
Campaign Organizers may withdraw Contributions by such means as we specify. Such withdrawals will reflect the deduction of our Fees. We do not guarantee that you will receive withdrawn funds within any specific time frame, and expressly disclaim responsibility for delays or inability to make withdrawals.
It is your responsibility to determine what, if any, taxes apply to the donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Trademarks, Copyrights and other Intellectual Property Rights.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent we have designated under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2):
your address, telephone number, and email address;
a description of the copyrighted work that you claim has been infringed;
a description of where the alleged infringing material is located;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Kind.Fund Copyright Agent
Attn: Corporate Counsel
50 Skating Pond Road
Trumbull CT 06611
Prohibited User Conduct. In addition to the restrictions and conditions set forth above, you warrant and agree that, while using the Offerings and the various features and functions offered on or through the Offerings, you shall not: (a) obscure, alter or destroy Trademarks or Content; (b) probe, scan or test the vulnerability of a system or network on, from or through the Offerings; (c) breach or defeat system or network security measures on, from or through the Offerings including authentication, authorization, confidentiality, intrusion, detection or monitoring; (d) interfere with or disrupt the Offerings or our business, including our systems, operations or network or telecommunications devices; (e) remove, modify or obscure any proprietary rights notices that we place on any component of the Offerings; (f) engage in spidering, “screen scraping,” “database scraping,” harvesting of contact or personal information, or any other automatic means of accessing, logging-in or registering on the Offerings, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Offerings; (g) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (h) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable law or regulation or constitutes or contains false or misleading indications of origin, endorsement or statements of fact or is fraudulent, libelous, defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of any party; (i) violate the privacy rights of any party under applicable law; (j) use any technology that is or reasonably should be known to contain malicious or destructive software code such as viruses or disabling devices; or (k) use the Offerings to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as “spam”) or commercial electronic messages, even if previously solicited by the intended recipient.
Third Party Web Sites.
Links to Our Offerings. In general, we do not object to Links to our Offerings from third-party sites including social media. If you Link to our Offerings, we: (a) reserve the right to object to and delete such Link at any time, for any reason; and (b) require that you abide by the following rules:
you may not present the Link to our Offerings in any manner that suggests Company has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products, services, or content on your site unless Company expressly agrees to your doing so in writing;
we reserve the right to object to any link which uses Trademarks; and
your Link may not in-line, frame or otherwise incorporate Content unless Company grants its express permission in writing.
Links from obscene, scandalous, profane, defamatory, or unlawful sources, or any site that may adversely affect the name, reputation and goodwill of Company and its products are prohibited. In addition, the use of Trademarks or other words or codes identifying Company or its products in any “metatag” or other information used by search engines or other information location tools is strictly prohibited unless we grant express permission in writing.
Social Media and Mobile Apps.
If you have questions, please contact us at Kind.Fund, Inc., 50 Skating Pond Road, Trumbull, CT 06611, Support@Kind.Fund.