As part of the Services, we offer a fundraising service platform (“Fundraising Service”) enabling users to create online stores or shop pages (“Store” or “Shop”) through the Mobile Application. MyFundraise reserves the right to discontinue any Fundraising Service at any time.

• a. Organizers: An organizer (“Organizer”) manages campaign information and/or information about the beneficiary of the campaign. A beneficiary is an organization that has authorized the Organizer to act on its behalf. Organizers may be required to provide verification information about Beneficiaries. An Organizer may be a gym owner, program director, coach, team parent, or parent.
• b. Sellers: A seller (“Seller”) sells products through MyFundraise’s platform, creating a Seller account and an associated Store. Each Seller must be associated with an Organizer.
• c. Buyers: A buyer (“Buyer”) purchases products from a Store, the Site, or the Mobile Application. A portion of each purchase is a contribution to the Beneficiary for the stated fundraising purpose.
• d. Our Platform: We provide a platform for selling goods, and any Payouts to Beneficiaries are treated as contributions by Buyers for the stated fundraising purpose. We are not a broker, financial institution, creditor, or charity. We do not endorse campaigns and do not guarantee their success.
• e. Acknowledgment by Schools and School Districts: Organizers, Beneficiaries, and Sellers acknowledge that MyFundraise does not collect or access “education records” or “directory information” under FERPA for schools and school districts.
• f. Organizer’s Acknowledgement: Organizers represent that all information provided is accurate, Payouts will be used as described, and they are authorized to raise funds for the Beneficiary. If an Organizer raises funds for a charity, they represent the charity’s compliance with applicable laws and maintenance of tax-exempt status.

If you suspect illegal activity or misuse of funds, please alert our team for investigation.

g. Seller’s Acknowledgment

Seller: In your capacity as a Seller, you affirm, guarantee, and commit to the following:

(i) All information provided by you, whether directly or through an agent or artificial intelligence, in connection with a Beneficiary or Organizer is accurate, complete, and not intended to mislead Buyers. You agree to promptly update and provide necessary information to ensure that Buyers comprehend the use of funds and other pertinent details regarding your campaign.

(ii) Payouts contributed to your campaign will be utilized exclusively as described in the materials presented or provided as the foundation for your fundraising effort.

(iii) If you are an individual acting as a representative for a Beneficiary, you warrant that you have obtained official authorization to act on behalf of the Organizer.

(iv) You shall not infringe upon the rights of others.

(v) Compliance with all pertinent laws and financial reporting obligations, encompassing but not limited to laws concerning registration, tax reporting, political contributions, and campaign-related asset disclosures.

When utilizing the Services to raise funds for a charity as an agent, you further affirm and warrant that:

(a) You are a duly authorized representative of the charity, empowered to raise funds and bind the charity to these Terms and Conditions.

(b) The fundraising activities for the charity adhere to all applicable federal, state, territorial, and local laws and regulations.

(c) All Payouts will be strictly used for the declared purpose in connection with your campaign, and under no circumstances will funds be diverted for other purposes.

(d) The charity maintains tax-exempt status under applicable law, and if in the United States, is registered with the IRS tax-exempt organization database.

h. Prohibited Conduct

The following outlines examples of prohibited and potentially illegal User Content and/or use. This list is not exhaustive, and we retain the right to investigate violations and take appropriate actions:

(i) Conducting campaigns that violate laws, regulations, industry requirements, or third-party agreements, including those of payment card providers.

(ii) Engaging in political campaigns, fraudulent or misleading content, illegal substances, weapons, gambling, or activities associated with hate, violence, terrorism, or discrimination.

(iii) Transmitting content that infringes intellectual property rights, disrupts network functionality, or harvests contact information.

(iv) Raising funds for a minor without explicit parental or legal guardian permission.

(v) Making or accepting payments known or suspected to be erroneous, suspicious, or fraudulent.

(vi) Ensuring compliance with relevant laws, implementing security measures, and cooperating in auditing records upon request.

We reserve the right to refuse, suspend, or terminate Payouts or transactions that may violate terms or pose risks to users, business partners, or public interests. Information related to your use of the Services may be shared with relevant authorities in accordance with legal obligations.