Terms of Service

1. Who we are and what these terms cover

These Terms of Service ("Terms") are an agreement between you and Fund My Club LLC, a Delaware limited liability company and a subsidiary of YOKE Global Inc. ("FundMyClub," "we," "us," or "our"). They cover fundmyclub.com and every page, link, message and service we offer (the "Service").

By using the Service, you agree to these Terms and to our Privacy Policy, Refund Policy and Shipping Policy, which are part of these Terms. If you create a fundraiser, the Organizer Agreement also applies to you. If you do not agree, do not use the Service.

2. What FundMyClub is, and what it is not

FundMyClub is a technology platform. Organizations such as schools, teams, booster clubs and clubs ("Organizations") use it to create fundraising pages ("Fundraisers"). People who give ("Supporters") give directly to the Organization.

• We are not a charity, a nonprofit or a school, and we are not the recipient of your gift.
• We do not run, control or guarantee any Organization or Fundraiser. Organizers are responsible for their pages and for how the money is used.
• We do not provide tax, legal or financial advice.
• We do not guarantee that any Fundraiser will reach its goal.

3. Who can use the Service

• You must be at least 18 years old, and able to form a binding contract, to create an account, organize a Fundraiser or give.
• Team members ("Participants") who are 13 to 17 may take part only when added by an Organizer, and only with the permission of a parent or guardian. Organizers confirm that permission.
• No one under 13 may use the Service or give us personal information.
• The Service is for people and organizations in the United States.

4. Accounts

Organizers and staff sign in with an account. Keep your sign-in details safe and tell us right away at support@fundmyclub.com if you think someone else has used your account. You are responsible for what happens under your account. Supporters and Participants do not need an account.

5. Giving

• Your gift goes to the Organization named on the Fundraiser. Payments are processed by Stripe, Inc. We never store your full card number.
• Before you pay, we show the amount you will be charged.
• Gifts are voluntary. They are final once made, except as our Refund Policy says.
• You can choose to hide your name on the public supporter list. If you leave a message, it may be shown on the Fundraiser.
• Gifts made through a Participant's personal link are credited to that Participant's total on the team page.

6. Monthly gifts

If you choose a monthly gift:

• We charge the amount shown at checkout today and on the same date each month after, until you cancel, or until the end date shown at checkout if there is one. Monthly gifts keep going after the Fundraiser's deadline.
• Your receipt includes a link to manage or cancel your monthly gift online. You can also email support@fundmyclub.com. Canceling stops future charges. It does not refund charges already made.
• If a payment fails, we may try again. If it keeps failing, we will stop the monthly gift.
• If the Organizer or FundMyClub ends a Fundraiser early or removes it, we stop future charges for it.

7. Fees

FundMyClub takes two fees from each gift: a platform fee and a payment processing fee of 5% covering card fees, payouts and fraud protection. The platform fee is set for each Fundraiser, and the Organizer sees both fees for its Fundraiser. The fees come out of your gift: you are charged only the amount you choose.

A monthly gift keeps the fees in place when you started it for every later charge, even if the Fundraiser's fees change.

Supporters pay no other fees to FundMyClub.

For team merch, part of your gift pays for the merchandise and shipping, and the checkout shows the value of the goods you receive.

8. Team merch

Some Fundraisers offer merchandise as a thank-you for giving at certain levels ("Team Merch").

• Team Merch is printed on demand by our production partner and shipped to the US address you give us. Delivery times are estimates. See our Shipping Policy.
• Images are previews. Colors and placement may differ slightly from the screen.
• The fair market value of Team Merch is shown at checkout and on your receipt.
• You can choose to skip the gift.

9. Taxes

Whether a gift is tax deductible depends on the Organization and on your own situation. Organizers tell us their tax status, and we show a tax line based on it. We do not verify every Organization's tax status and we do not give tax advice. Ask the Organization or a tax advisor if you have questions.

When you receive Team Merch, only the part of your gift above the gift's fair market value may be deductible, and only if the Organization is eligible to receive deductible gifts.

10. Participants and minors

• Participants appear on Fundraisers by first name and last initial only. We never name the people in a photo.
• An Organizer may post a team photo that shows Participants. Before posting it, the Organizer confirms they have permission, including from a parent or guardian of anyone in it under 18.
• Organizers add Participants, or send them the team link to join. A Participant under 18 needs a parent or guardian's permission: the Organizer confirms it when adding members, and each member confirms it when joining by link.
• Participants share their links with people they know. No one may pressure a minor to raise money or contact strangers on a Fundraiser's behalf.
• A parent or guardian may ask us to remove a Participant or a photo at any time by emailing support@fundmyclub.com. We take it down.

11. Messages and sharing

The Service helps you share a Fundraiser from your own phone or email. When you share, you send the message yourself, to people you choose. Do not send messages to people who have not agreed to hear from you, and do not buy or scrape contact lists.

We send transactional messages, such as receipts. We do not send text messages in this version of the Service.

12. Acceptable use

You agree not to use the Service to:

• Raise money for anything other than the Organization's stated purpose, or for personal expenses.
• Run raffles, lotteries, sweepstakes or gambling.
• Raise money for political campaigns or candidates.
• Impersonate a school, team, person or organization, or claim approval you do not have.
• Post false, misleading, hateful, harassing, sexual, violent or illegal content.
• Use logos, names or images you do not have the right to use.
• Send spam, or collect other users' information.
• Interfere with the Service, test its security without permission, or use bots to access it.
• Break any law or school, district or league rule.

We may remove content, pause or end a Fundraiser, refund gifts, or close an account that breaks these Terms.

13. Content and licenses

Organizers keep ownership of the logos, text and images they upload ("Content"). By uploading Content, you give FundMyClub a non-exclusive, royalty-free, worldwide license to use, copy, edit, display and print it to run and promote the Service, including on Team Merch and in share images. The license ends when the Content is removed, except for Team Merch already ordered and copies we must keep by law.

FundMyClub's name, logo, software and design belong to us. You may not copy them except as needed to use the Service.

14. Trademark and copyright complaints

If you believe a Fundraiser uses your trademark, logo or copyrighted work without permission, email legal@fundmyclub.com with your name and contact details, the Fundraiser link, the work or mark involved, and a statement that you own it or act for the owner. We review every complaint and may remove the material while we do.

For copyright, our designated agent under the Digital Millennium Copyright Act is: Copyright Agent, FundMyClub, 3405 Piedmont Rd NE STE 225, Atlanta, GA 30305, legal@fundmyclub.com. We end the accounts of repeat infringers.

15. Pausing and ending Fundraisers

We may pause, edit or remove a Fundraiser, hold or refund gifts, or end an account, if we believe it breaks these Terms or the law, puts Supporters or Participants at risk, or if Stripe or a court requires it. We will tell the Organizer when we can.

16. Disclaimers

The Service is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Service will be uninterrupted or error-free, or that any statement on a Fundraiser is true.

17. Limitation of liability

To the fullest extent the law allows, FundMyClub, its parent and affiliates, and their officers, employees and agents are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising from the Service.

Our total liability for any claim about the Service is limited to the greater of (a) the fees FundMyClub kept from your gifts in the 12 months before the claim, or (b) one hundred U.S. dollars ($100). Some states do not allow these limits, so they may not all apply to you.

18. Indemnity

You agree to defend and hold harmless FundMyClub, its parent and affiliates from claims, losses and costs (including reasonable attorneys' fees) that arise from your use of the Service, your Content, or your breach of these Terms or the law.

19. Disputes

Before starting any legal proceeding about the Service, you and we agree to first send a written Notice of Dispute (to us at legal@fundmyclub.com, and to you at your email on file) describing the claim and the relief wanted. The other side then has 30 days to try to resolve it informally. No court case may be filed until that 30-day period ends.

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law rules. Any court case goes in the state or federal courts in Fulton County, Georgia, except claims that qualify for small claims court where you live.

20. Changes to these Terms

We may update these Terms. We will post the new version here with a new effective date. If a change materially affects your rights, we will give notice before it takes effect, for example by email or on the Service. Using the Service after a change means you accept it.

21. General

These Terms, with the policies they include, are the whole agreement between you and us about the Service. If a part is found unenforceable, the rest stays in effect. Not enforcing a right is not a waiver of it. You may not transfer these Terms; we may transfer them to an affiliate or a successor.

22. Contact

Fund My Club LLC 3405 Piedmont Rd NE STE 225, Atlanta, GA 30305 support@fundmyclub.com

California residents: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.