Thank you for your interest in the Internet sites and mobile device sites and apps (the “Services”) made available by the Kind.Fund, Inc., to provide visitors, with access to content about our company and procedures for becoming a Campaign Operator or Contributors to our fundraising software platform (the “Platform”). We link to these terms and conditions of use (these “Terms of Use”) in or from all of our Offerings.

In the interest of continuing to build trust with visitors and customers, we want you to understand that by using or Platform and/or downloading or using our Services you are agreeing to these Terms of Use as well as our Privacy Policy. We may revise these Terms of Use at any time. Although we ask that you please check this page periodically for such revision, we will try to post notice that a revision has been made somewhere within the Services. Whether or not we provide, or you see such notice, however, by continuing to access and use the Services or Platform after the revisions are made, you will have accepted and agreed to the revised Terms of Use.

These Terms of Use are a legal document, so clarity is important. We use this section to let you know about some words that have special meanings whenever you see them here. The words “you” and “your” refer to each individual accessing and using the Services. The words “Company”, “we”, “us” and “our” refer to the Kind.Fund, Inc., acting on behalf of itself and, where applicable, its affiliates and third-party licensors. The word “Offerings” refers, collectively, to both our Services and the Platform and all of their respective features, functions and content including the Content. You also will notice that we capitalize certain additional words in these Terms of Use even though grammatical rules do not require. We do this because in the context of these Terms of Use, such capitalized words have specific meanings which can be found where they are first used, as indicated by bold text.

IMPORTANT NOTICE:

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.

Under no circumstances will we be liable for any loss or damage caused by your reliance on Content. It is, therefore, your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other elements of the Content. You may not make use of the Services or any Content for any commercial purpose whatsoever unless you have received our express written prior permission in advance. You acknowledge that any use of Services and Content, except as otherwise permitted in this paragraph, is a breach of these Terms of Use. Breach of certain paragraphs of these Terms of Use also may be a violation of applicable law. We will not be responsible or liable for any loss or damage arising from your failure to comply with these Terms of Use.

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.

You are responsible for notifying us if you desire to cancel your Account. We reserve the right to suspend or terminate any Account (and/or Campaign created thereunder) at any time if there is, or we reasonably believe there has been or may be a violation of these Terms of Use or the Platform License. You may inquire about or dispute the suspension of your Account or Campaign by contacting us at Support@Kind.Fund.

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.

Subject to these Terms of Use and the limits set by the Platform License Metrics (as defined below), we grant you a personal, revocable, non-exclusive, non-assignable, non-transferable license during the Platform License Term to access, display and perform the Platform’s features and functions from the Account Domain or via our mobile application (the “Platform License”).

For Campaign Operators, the Platform License permits you to establish Campaigns, accept contributions via the payment methods we make available (“Contributions”) and monitor and administer such Campaigns and Contributions. Campaign Operators may also link to their Campaigns from third party websites and External Social Media. For Contributors, the Platform License will permit you to view available Campaigns and select those to which you desire to voluntarily and on your own behalf, without any solicitation by us, make a Contribution. You hereby authorize us to use the payment method and information including in your Account Information to cause you to be billed (via credit card or other payment method we accept) for your Contribution and acknowledge that providing such authorization you are further agreeing to all applicable terms and conditions set forth by our third party payment processor, in addition to these Terms of Use and the Permitted License. Contributors will have the option to keep their Contributions private, or make them public via External Social Media.

The Platform License also permits all Platform Users the ability to administer their respective Accounts and the right to access, download, display and print the Documentation provided for the features and functions as reasonably required in connection with their respective authorized use. “Documentation” means the online help and user guides we may publish and update from time to time and make available to authorized licensees. In addition to the limitations set forth in these Terms of Use at the time of Account creation and each time you upgrade or add a feature or function to your Account thereafter, you will be informed of any limits (the “Platform License Metrics”) applicable to the Platform License Fee-level you selected.

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 2.5% 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.

Taxes.

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.

United States; Governing Law. We control and operate the Offerings from within the United States of America (the “USA”). Although we generally do not block or monitor visitors from other countries, the Offerings are directed only at visitors from the USA, 18 years of age and over. The English language version of these Terms of Use is the controlling version regardless of any translation. We do not represent that the Offerings are appropriate or lawful for use in other locations outside of the USA or that our operation (including our processing and handling of submissions you may make) will comply with all local laws. Users who choose to access the Offerings from outside the USA or submit materials from outside the USA and/or as non-USA citizens, do so of their own initiative, and are responsible for compliance with all applicable local, state, national and international laws and treaties. These Terms of Use are governed by and construed in accordance with the laws of the State of Connecticut and the federal laws of the USA enforced within, without regard to principles of conflicts of laws. All proceedings relating to us, the Offerings or these Terms of Use must be brought in the state or federal courts located in Fairfield County, Connecticut, USA and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts.

Trademarks, Copyrights and other Intellectual Property Rights.

The logos, names and other similar marks (collectively, the "Trademarks") displayed on the Offerings are registered and unregistered Trademarks of ours and our licensors and may not be used unless authorized by the Trademark owner. The print-outs and copies you are permitted to make under paragraph 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 may have Trademarks on them and you may make incidental, non-commercial use to the same extent as those print-outs and copies. Except for such incidental use, nothing contained on the Offerings or in these Terms of Use should be construed as granting you any license or other right to use any Trademark displayed. As between you and us, we are the exclusive owners of all right, title and interest, including intellectual property rights (including copyrights, patents and trademarks), proprietary rights (including trade secrets and data base rights) and moral rights (including rights of attribution and authorship) throughout the world in and to the Offerings and their look and feel, design and organization and compilation as well as all Trademarks.

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

Copyright@Kind.Fund

Submitted Materials; User Generated Content. All information, ideas, suggestions, concepts or other materials submitted by you voluntarily or at our request, such as questions sent to us via the “Contact Us” link or user generated content on our Internal Social Media Features or External Social Media (collectively, “Submitted Materials”) may be used by us in any lawful manner, provided that personal information portions of Submitted Materials will only be used as described in our Privacy Policy. By providing Submitted Materials you: (a) represent and warrant that you own or otherwise have all necessary rights to do so and that the Submitted Materials comply with applicable laws; and (b) you grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell, export and otherwise use such material (in whole or part) and/or to incorporate it in other works in any form, media or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that you provide to us, therefore you should retain copies of all such data and information in your own records.

Other Policies and Terms. Our collection of certain information about you including personal information provided as part of the above described Submitted Materials, is subject to the our Privacy Policy which is incorporated herein by reference for all purposes.

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 from Our Offerings. You may see on the Offerings hyperlinks or pointers to other web sites maintained by third parties and we also may provide third party content on the Offerings by framing or other methods (collectively, “Links”). Links are provided for your convenience and information only. The fact that we provide a Link does not mean that we endorse, authorize or sponsor that web site or offering or that we are affiliated with the third party owners or sponsors. Except for the links to our brands and products within the Offerings, neither the web sites nor parties to which a Link will bring you are under our control and as such we are not responsible in any way for their availability, content, advertising, products or materials, including any further links their sites may contain. This means that once you follow an external Link, you are no longer subject to our Privacy Policy. You should, therefore, carefully review the privacy statements and other conditions of use and sale related to any Links. We reserve the right to terminate a Link at any time without notice.

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.

This section applies to everyone who interacts with our social media presence. You are therefore viewing this page because you either linked from the social media features from our Offerings (“Internal Social Media Features”) or from comment sections, feeds and other elements of social media presence viewable on Facebook, Twitter, YouTube, Google+, LinkedIn or any of the many other available external third party social media platforms we may utilize (“External Social Media”). Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, our Privacy Policy does not apply to our External Social Media. The sites and platforms that host our External Social Media are not controlled by us and therefore their own, and not our privacy policies and terms of use will apply. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of the Company. Comments that some would consider inappropriate or offensive may appear on our Internal Social Media Features and on our External Social Media and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our External Social Media, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose. If you see such a post on Internal Social Media Features it should be reported directly to us via the contact information below.

We may make mobile apps available for download from popular third party app stores. By downloading our apps, you agree to our Terms of Use as well as the following additional-mobile app specific terms:

Right to Use. Company grants you a limited, non-exclusive, personal, non-assignable and non-transferable license to use authorized downloads of our mobile apps on any computing device that you own or control and that has the necessary operating systems and device specifications. These rights last for so long as the applicable mobile app continues to be compatible with your device, including to the degree we may provide updates to the mobile apps to reflect changes in operating systems and device specifications. These rights do not allow you to use the mobile apps on any device that you do not own or control. You similarly may not distribute or make mobile apps available over a network where they could be used by others individually or via multiple devices at the same time. These Terms of Use will govern any upgrades we may provide, unless such upgrade is accompanied by a separate end user license, in which case the terms of that license will govern.

General Restrictions and Conditions of License. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code or object code of, modify, or create derivative works of the mobile apps, any updates, or any part thereof. You may not use or otherwise export or re-export the mobile apps except as authorized by United States law and the laws of the jurisdiction in which the mobile app was obtained. You acknowledge that the mobile apps may contain features and functionality designed to render them incapable of being used except as permitted under these Terms of Use. IF YOU BREACH THESE RESTRICTIONS, YOU MAY BE SUBJECT TO PROSECUTION AND DAMAGES UNDER UNITED STATES COPYRIGHT LAW.

Acknowledgments. In addition to these Terms of Use, your rights to possess and use the mobile apps are further subject to the usage rules and other terms and conditions found at the applicable app store from which you downloaded. These Terms of Use apply between you and Company and do not in any way affect the owner or operator of the app store. Such owners and operators are, however, third party beneficiaries of such terms, which means that, if we fail to enforce adequately, they may step in and do so themselves. Finally, you acknowledge that we, and not such owner or operator, are responsible for addressing any claims relating to product liability claims and claims arising under consumer protection or similar legislation relating to the mobile apps. Although we try to keep our mobile apps updated, you acknowledge that neither we nor the third party owners or operators of the app store have any obligation to do so.

Liability and Indemnity. THE OFFERINGS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS AND REPRESENTATIVES (“COMPANY PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY. IF YOU ARE DISSATISFIED WITH THE OFFERINGS, YOUR SOLE REMEDY IS TO DISCONTINUE THEIR USE. THE COMPANY PARTIES, HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, (INCLUDING CLAIMS OF DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, ITS CONTENT OR FEATURES AND FUNCTIONS AND OFFERINGS THAT YOU ACCESS THROUGH THE SITE. THESE LIMITATIONS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE. You agree to defend, indemnify and hold the Company Parties harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Offerings, or your breach or violation of Applicable Laws or of these Terms of Use. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.

Term and Termination. These Terms of Use apply to all users of the Offerings at all times until we supersede and replace them. We may at any time terminate, change, suspend, add to or discontinue any aspect of the Services itself, or your right to use it, including your Account, without notice or liability to you. Campaign durations and the License Term are separate from the general effective duration of these terms of use as specified in paragraph Use of the Platform..

Miscellaneous. These Terms of Use and Privacy Policy are the entire and exclusive agreement between us and all visitors and users of the Offerings. Neither any course of conduct between the parties nor trade practice will modify these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Offerings, these Terms of Use or the Privacy Policy must be filed by you within one year after such claim or cause of action arose or be forever barred. Should any provision of these Terms of Use be held to be unenforceable, that provision will be limited to the minimum extent necessary and the remaining provisions hereof shall remain in full force and effect. The waiver of any breach of these Terms of Use will not constitute a waiver of any other or future breach and will not act to amend or negate the rights of the waiving party. You many not assign your rights or obligations hereunder. The provisions of these Terms of Use pertaining to disclaimers, exclusion of damages, limitation of liability and indemnification shall survive termination. The word “including” is exemplary meaning “including, without limitation” or “including, but not limited to” unless otherwise indicated.

If you have questions, please contact us at Kind.Fund, Inc., 50 Skating Pond Road, Trumbull, CT 06611, Support@Kind.Fund.