Platform Good, Inc. Terms of Service
Effective April 15th, 2022
Welcome to Platform Good! By using this Site and the Services and any Additional Policies applicable to any particular features, Content, and functionality of the Services (incorporated into the Terms by reference), offered by Platform Good, Inc., Users agree to be bound by these Terms.
IMPORTANT NOTICE: AGREEMENT TO ARBITRATION. BY AGREEING TO THESE TERMS, USERS AGREE TO RESOLVE DISPUTES WITH PLATFORM GOOD THROUGH BINDING ARBITRATION AND USERS WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS (AS DETAILED IN THE DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER IN SECTION 19 BELOW).
Platform Good may amend the Terms at any time in its sole discretion by posting a revised version of the Terms. Unless stated otherwise, access to or continued use of the Services after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If We make any material change to these Terms, We will notify Users by posting a notice on Our Site, through the Services, or by other means We deem appropriate.
1. ADDITIONAL POLICIES
The following policies and guidelines are incorporated into the Terms by reference.
2. ACCESS AND USE OF THE SERVICES
2.1 What is Platform Good; Platform Good is the first online fundraising platform connecting fitness activities to charitable giving. Our fundraisers are easy to start and free to use. The Platform connects you to our authentic "Run For Good" fitness tracker app, making it easier to run virtual Marathons, Walk-a-Thons, or Bike-a-Thons.
2.2 Platform Good Services Description; The Platform Good Services are offered as a platform to allow an individual, entity, or non-profit organization (the "Organizer") to post a fundraiser ("Fundraiser") to the Platform to accept monetary donations ("Donations") from donors ("Donors") on behalf of the beneficiary of the Fundraiser ("Beneficiary"). Neither the Organizer nor the Fundraiser will provide goods or services in exchange for Donations.
2.3 Payment Processor; Platform Good is not a payment processor and does not hold any funds. Instead, Platform Good uses third-party payment processing partners to process Donations for a Fundraiser ("Payment Processor"). You acknowledge and agree that the use of Payment Processors is integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of Services.
2.4 Transaction Fees; Although there are no fees for Organizers to set up a Fundraiser, please keep in mind that transaction fees, including credit and debit charges, are deducted from each donation (hereinafter and on the website referred to as "Transaction Fees"). To learn more about the Platform and the applicable Transaction Fees, visit a "Donations and Payments Processing" Page.
2.5 Tips; Donors may decide to pay a tip in addition to their donation to support the Platform Good. The time amount is set as 10% of the donation by default, and Donors can change it from 0% to any percentage amount. We encourage tips. We don't require any tips to make a donation.
2.6 Platform Good Services are Platforms; We are not a Broker, Financial Institution, Creditor, or Charity; The Services are administrative platforms only. Platform Good facilitates the Fundraiser of the Organizers and permits Donors to make donations to these Fundraisers. Platform Good is not a broker, agent, financial institution, creditor, or 501(c)(3) non-profit corporation.
All information and Content provided by Platform Good relating to the Services is for informational purposes only, and Platform Good does not guarantee the accuracy, completeness, timeliness, or reliability of any such information or Content. No content is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding any Fundraisers, Charities (defined hereinafter), Donations, Donors, or any information or Content relating to the Services, you should consult your financial, legal, tax, or other professional advisors as appropriate. You acknowledge that all information and Content accessed by you using the Services is at your own risk.
Platform Good has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Fundraiser will obtain a certain amount of Donations or any Donations at all. We do not endorse any Fundraiser, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Fundraiser. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User or Fundraiser.
2.7 No Solicitation; The Platform is offered to help Organizers raise money. Platform Good merely provides the technology to allow Fundraisers to connect with Donors. The existence of the Services is not a solicitation of donations by Platform Good, and Platform Good does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that Platform Good shall not be responsible for the use of your Donations or the amount of funds raised for the User or Fundraiser.
2.8 Donors; All Donations are at your own risk. When you make a Donation through the Platform, it is your responsibility to understand how your money will be used. Platform Good is not responsible for any offers, promises, rewards, or Promotions (defined below) made or offered by Users or Fundraisers; such conduct violates these Terms of Service.
A. Donors are not permitted to impose restrictions on the use of Donations by a non-profit organization, established as such under the applicable laws of incorporation (“Charity”). To the extent that a Donation is made in response to an appeal for a particular program of a Charity, or to the extent that a Donor purports to direct the use of Donations by a Charity, any such directions shall constitute non-binding recommendations only, and the Charity shall have full discretion to determine how all Donations will be used.
B. Platform Good makes no representation as to whether all or any portion of your Donations, including, if any, Transaction Fees, are tax-deductible or eligible for tax credits. Platform Good will have no liability for any claim by any federal, state, provincial, territorial, local, or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any User, or any Charity. You should consult your tax advisor as to the amount of your Donation that is tax-deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction.
D. Under federal law, contributions to donor-advised funds such as Pledgeling Foundation are considered irrevocable gifts and are not refundable. In cases of user error where we have not yet regranted funds, we may be able to reverse the transactions. If you have questions, please see the Pledgeling support pages.
Certain states require written disclosures for Charities soliciting contributions. For Donors making Donations to Charities, please see the state non-profit disclosures for those Charities.
2.9 Organizer; You, as an Organizer, represent, warrant, and covenant that: (i) all information you provide in connection with a Fundraiser or Beneficiary is accurate, complete, and not likely to deceive reasonable Users; (ii) all Donations will be given to the Beneficiary; (iii) you will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures for your Fundraiser; (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us; and (v) you will not provide or offer to provide goods or services in exchange for Donations. You authorize Platform Good, and Platform Good reserves the right, to provide information relating to your Fundraiser to Donors, Beneficiaries of your Fundraiser, or law enforcement, and to assist in any investigation thereof.
If you use the Services as an agent of a Charity to raise funds for such Charity, you represent and warrant that: (a) you are a representative of the Charity, which representative is authorized to raise funds for the Charity and bind the Charity to these Terms of Service; (b) you are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Fundraiser, and under no circumstances may you use the funds for any other purpose; (d) your Charity has and will maintain tax-exempt status under applicable law (for example, the Internal Revenue Code in the United States or the Income Tax Act in Canada); and (e) if your Charity is in the United States, your Charity is registered with GuideStar or the IRS tax exempt organization database, or, in Canada, is listed in the Canada Revenue Agency’s database of registered charities.
2.10 Charities; The Platform Good Services include the features and services described here. All Donations are subject to a Transaction Fee for each Donation.
A. Chargebacks and Refunds. Occasionally, a Donor may dispute a credit card charge for a Donation through the Services.
B. Removal of a Charity from our Database. If you are the authorized representative of a Charity, and you do not wish for your Charity to appear in Platform Good's searchable database, you may contact us to request that your Charity be removed from our database. Your email should include your full name, title, email address, and phone number associated with your Charity. Please note that if your Charity is removed from Platform Good's database, it will not be eligible to receive contributions through the Platform.
C. Receiving Funds. As a Charity, receipt of Donations, minus any applicable Transaction Fees, is based upon and subject to the applicable Payment Processor’s procedures and terms. Available Payment Processors are described under “Payment Processors for Charities” below. Platform Good is not a payment processor and does not hold funds.
D. Taxes. Platform Good does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).
E. Donor Lists and Other Data. A Charity may access information about an Organizer of a Fundraiser for the Charity, Donor Lists (defined below), and Donor Data (defined below) for compliance and transactional purposes. Please contact us with any questions. “Donor Data” means a Donor’s name, address, email address, Donation amount, date of transaction, transaction identification number, and name of the project. THE LIST OF DONORS WHO CONTRIBUTE TO A CHARITY’S FUNDRAISER THROUGH THE SERVICES (“DONOR LISTS”) IS PROVIDED “AS IS,” AND PLATFORM GOOD MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED THEREIN. Unless a Donor checks the “Anonymous” checkbox at the time of Donation or seeks to be anonymous through other means provided herein, by using the Services, the Donor consents to the disclosure of Donor’s Donor Data as described herein, including without limitation, the disclosure as part of a Donor List.
2.11 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.
2.13 Modifications to the Services; Platform Good reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) 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.
3. ALL USER OBLIGATIONS
3.1 License; We grant you a limited, non-exclusive, non-transferable, and revocable license to use Our Services — subject to these Terms and the following restrictions in particular:
- You are responsible for your account. To use many of the Services, you will need to create your account by logging in with one of three available log-in services: Google, Facebook or Apple. You may not impersonate anyone else. You are solely responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. If you suspect or discover any unauthorized use of your account, you should notify Platform Good immediately by contacting us at email@example.com. We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of the use of your account with or without your knowledge.
- Terminating your account. You may submit a request to terminate your account by contacting us at firstname.lastname@example.org. This will not automatically delete User Content. We may need to retain certain information as required by law or as necessary for Our legitimate business purposes. These Terms, including our rights to User Content, survive termination of an account.
- You must be 18 years old. You must be 18 years or older to sign up for an account and use Our Services. Outside of the European Economic Area ("EEA"), minors between the age of 13 and 18 years are only permitted to use Our Services through an account owned by a parent or legal guardian where the parent has provided affirmative consent and under their direct supervision. Children under 16 residing in the EEA are not permitted to access the Site or use the Services. You are responsible for any and all account activity conducted by a minor on your account.
- Follow the law and Our policies. You may not take any action that infringes or violates other people's rights, violates the law, or breaches any contract or legal duty you may have toward any party.
- Be truthful. Do not post information you know is false, misleading, or inaccurate. Do not do anything deceptive or fraudulent.
- Respect the rights of others. You may not threaten, abuse, harass, defame, or engage in behavior that is libelous, tortious, obscene, profane, or invasive of another's privacy.
- Avoid spam and unsolicited communications. You may not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters.
- Respect the property of others. Do not distribute software viruses or any other programs designed to interfere with (1) the proper function of any software, hardware, or equipment on the Site or (2) the use of the Site by any other User.
- Sales Prohibited on the Platform: You are not permitted to offer any good or service in exchange for a Donation on the Platform.
- Do not engage in activities that affect the functioning of the Site. You may not bypass any measures that We have put in place to secure Our Site or Services, take actions to gain unauthorized access to any system, data, passwords, or other Platform Good or User information or Services, reverse engineer or take apart any aspect of the Services to access any underlying information, or use any kind of software to "crawl" or "spider" any part of the Site.
4. CONTENT MANIFESTLY MADE PUBLIC BY THE USER
4.2 Other Information; Please be advised that User Content and other information, solicited or unsolicited, that you provide to Platform Good may be publicly accessible, such as information you post in forums, comment sections, or in response to surveys we may send out. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback, or other information about the Services (collectively, with publicly-accessible information, “Other Information”). By sending us Other Information, (a) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Other Information; (b) you acknowledge that we may have something similar to the Other Information already under consideration or in development; (c) you agree that Platform Good will be entitled to the unrestricted use and dissemination of the Other Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (d) you represent and warrant that you have all rights necessary to submit the Other Information; (e) to the extent necessary, you hereby grant to Platform Good a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Other Information, and to sublicense the foregoing rights; and (f) you irrevocably waive, and cause to be waived, against Platform Good and its Users any claims and assertions of any moral rights contained in such Other Information. This Other Information section shall survive any termination of your account or the Services.
You acknowledge and agree that Platform Good may preserve Other Information, as well as User Content, and may also disclose your Other Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Platform Good, its Users or the public.
4.3 Data Retention; You acknowledge that Platform Good has no obligation to you to retain data relating to any account or Fundraiser. You acknowledge that Platform Good reserves the right to delete data or to terminate accounts or Fundraisers 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. The foregoing does not apply to Fundraisers or accounts started by Charities on the Platform, in which case Platform Good will provide reasonable notice where possible.
5. PROHIBITED CONDUCT
You are solely responsible for compliance with all applicable laws in relation to your Fundraiser or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit, or otherwise use. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.
The following are examples of User Content and/or use that is illegal or prohibited by Platform Good. This list is not exhaustive and we reserve the right to remove any Fundraiser and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate your Fundraiser, a User, or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate your account, stop payments to any such Fundraiser, freeze or place a hold on Donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our Users.
Without limiting the foregoing, you agree and represent, warrant and covenant:
A. Not to use the Services to raise funds or establish or contribute to any Fundraiser with the implicit or explicit purpose of promoting or involving:
- the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services;
- any election campaigns that are not run by a registered organization within the supported country;
- User Content or Fundraisers that are fraudulent, misleading, inaccurate, dishonest, or impossible;
- drugs, narcotics, steroids, controlled substances, pharmaceuticals, or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
- knives, explosives, ammunition, firearms, or other weaponry or accessories;
- annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing, or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
- gambling, gaming, and/or any other activity with an entry fee and a prize, including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions, and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), Promotions involving monetary rewards, including gift cards, or sweepstakes;
- User Content that reflects or promotes behavior that we deem, in our sole discretion, to be an abuse of power or in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases;
- the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases, financial crimes or crimes of deception;
- activities with, in, or involving countries, regions, governments, persons, or entities that are subject to the U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
- the funding of a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
- pornography or other sexual content;
- offensive, graphic, perverse or sensitive content;
- the collecting of payments on behalf of merchants by Payment Processors or otherwise; including but not limited to self-payments on Fundraisers or an attempt to bypass or otherwise circumvent the designated method of payment as provided by Platform Good;
- credit repair or debt settlement services;
- the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Fundraiser;
- publication of User Content (such as mug shots), where we deem, in our sole discretion, that the primary purpose of posting such User Content is to cause reputational harm;
- the sale or resale of a good or service;
- the aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
- counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
- products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
- the unauthorized sale or resale of a brand name or designer products or services;
- the sale of goods or services that are illegally imported or exported;
- processing, where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
- the collecting or providing of funds for any purpose other than as described in a Fundraiser description;
- any other activity that Platform Good may deem, in its sole discretion, to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
- any other activity that Platform Good may deem, in its sole discretion, to be unacceptable.
B. not to use the Services to transmit or otherwise Upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of Platform Good, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Platform Good or its Users to any harm or liability of any type;
C. not to interfere with or disrupt servers or networks connected to or used to provide the Services or their respective features, or disobey any requirements, procedures, policies, or regulations of the networks connected to or used to provide the Services;
D. not to harvest, collect or publish personally identifiable information of others;
E. not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor;
F. not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party;
G. not to use another User’s account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Fundraiser through the Services, or post User Content in any inappropriate category or areas on the Services;
H. not to create any liability for Platform Good or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company, or any other vendors or suppliers;
I. not to engage in any conduct that, in Platform Good's sole judgment and discretion, restricts or inhibits any other User from using or enjoying the Services;
J. not to gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by any unauthorized or illegal means;
K. not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
L. not to use the Services to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising, except that using the Services for fundraising activities in accordance with these Terms of Service is expressly permitted;
M. not to transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
N. not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
O. not to attempt to undertake indirectly any of the foregoing.
Additionally, with respect to all Donations you make or accept through the Services, you agree and represent, warrant and covenant:
A. not to make or accept any Donations that you know or suspect to be erroneous, suspicious, or fraudulent;
B. 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);
C. to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation, adhering to any security procedures and controls required by Platform Good from time to time;
D. to maintain a copy of all electronic and other records related to Fundraisers and Donations as necessary for Platform Good to verify compliance with these Terms of Service and make such records available to Platform Good upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
E. at Platform Good's request, to fully cooperate in the auditing of, investigation of (including without limitation, investigations by Platform Good, a Payment Processor, or regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or Fundraiser or Donation to which, you are connected.
Platform Good reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate these Terms of Service or harm the interests of our Users, business partners, the public, or Platform Good, or that expose you, Platform Good, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal or contractual obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.
6. DONOR CONDUCT
Donations; In order to contribute to a Fundraiser or to a Charity, a Donor will be required to provide Platform Good information regarding the Donor’s credit card or other payment instruments (“Payment Instrument”) that is linked to the Donor’s Platform Good account (a “Billing Account”). You, as a Donor, represent and warrant to Platform Good that such information is true, current, and accurate and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply and that all Donations are final and will not be refunded unless Platform Good, in its sole discretion, agrees to issue a refund, for example in accordance with the Platform Good Guarantee. Platform Good uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Fundraiser, the Donor agrees to the processing, use, transfer, or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by our payment partners. Our current Credit Card Payment Processor: Stripe, Inc. (Stripe’s terms of service). Our current Charity Payment Processor is Pledgeling. (Pledgeling terms of service).
7. APPLE-ENABLED SOFTWARE APPLICATIONS
Platform Good offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- Platform Good and you acknowledge that these Terms of Service are concluded between Platform Good and you only, and not with Apple and that as between Platform Good and Apple. Platform Good, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Platform Good's sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Platform Good and you acknowledge that Platform Good, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringe that third party’s intellectual property rights, as between Platform Good and Apple, Platform Good, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- 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.
- If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Platform Good as follows:
Platform Good and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof. Accordingly, the parties acknowledge and agree that Platform Good enters into this clause (“Apple-Enabled Software Applications”) for its own benefit and on its own behalf, and also as an agent for the benefit and on behalf of Apple and its subsidiaries with respect to the exercise and enforcement of all rights, benefits, and remedies of Apple and its subsidiaries (but not any obligation or burden) in this clause (“Apple-Enabled Software Applications”) which rights, benefits, and remedies shall be enforceable by Platform Good in its own right and also as agent for and on behalf of each of Apple and its subsidiaries. Platform Good may amend, terminate or rescind these Terms of Service without the consent of Apple or any such subsidiary.
8. THIRD PARTY WEBSITES/SERVICES
The Services or third parties may provide or facilitate links, tools, widgets, or other features that allow you to access other sites, services, and resources provided by third parties (collectively, “Third-Party Resources”). Platform Good has no control over such Third-Party Resources or any products, services, or content made available through or by such Third-Party Resources, or the business practices of the third parties providing such Third-Party Resources, and Platform Good is not responsible for and does not endorse such Third-Party Resources or the products, services or content made available thereby. You acknowledge that Platform Good is not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such Third-Party Resources. You further acknowledge and agree that Platform Good will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such Third-Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third-Party Resources. As an example of this, if you use the Platform through your mobile device, and you upload a video to a Fundraiser, that video will be uploaded using YouTube, and subject to the YouTube Terms of Service. And you agree that Platform Good is not liable for any loss or claim that you may have against any such third party.
9. INDEMNITY AND RELEASE
You agree to release, indemnify on demand and hold Platform Good 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, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Fundraiser, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that Platform Good has the right to conduct its own defense of any claims at its own discretion and that you will indemnify Platform Good for the costs of its defense (including, but not limited to attorney’s fees). 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 the United States—you waive any comparable statute or doctrine.
10. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PLATFORM GOOD 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.
PLATFORM GOOD AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION 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.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PLATFORM GOOD NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF PLATFORM GOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) 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; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PLATFORM GOOD'S 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 PLATFORM GOOD IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
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 THE USE OF THE SERVICES.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
12.1 Arbitration; Class Action Waiver; YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS, OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. 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. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
12.2 The Process; Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by electronic mail (“Notice of Arbitration”). The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award if any. If the arbitrator awards you an amount that exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.00.
12.3 Fees; If you commence arbitration in accordance with these Terms of Service, we will reimburse you for your payment of the filing fee unless your claim is for more than $10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed-upon location in San Francisco, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision: If we make any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- Enforceability: If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Service.
12.4 Confidentiality; We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential 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 accountants, auditors, and insurance providers.
You agree that Platform Good, in its sole discretion, may 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 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.
14. USER DISPUTES
You agree that you are solely responsible for your interactions with any other User in connection with the Services and Platform Good will has no liability or responsibility with respect thereto. Platform Good reserves the right but has no obligation, to become involved in any way with disputes between you and any other User of the Services.
These Terms of Service constitute the entire agreement between you and Platform Good and govern your use of the Services, superseding any prior agreements between you and Platform Good 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. 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 Platform Good agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California. The failure of Platform Good to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. 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 party's intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. 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. You may not assign these Terms of Service without the prior written consent of Platform Good, but Platform Good may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either 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. Platform Good 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. Nothing in these Terms shall prevent Platform Good from complying with the law. Platform Good 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.