Terms of Use

1. Acceptance

By accessing or using the Platform, creating an account, submitting an organization application, publishing a campaign, or making a donation, you agree to these Terms and to our Privacy Policy, Payments & Funds Disclaimer, and other policies linked from our Legal Center. If you do not agree, do not use the Platform.

2. The Platform

Apsida Foundation provides an online crowdfunding Platform that allows approved organizations (“Fundraisers”) to publish fundraising campaigns and enables donors (“Donors”) to contribute through third-party payment processors.Apsida Foundation provides software and related services; it is not a bank, credit union, or licensed money transmitter holding campaign donations in custody for Fundraisers, and it does not guarantee fundraising outcomes.

3. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account, donate, or register an organization. By using the Platform, you represent that you have legal capacity to enter these Terms and that information you provide is accurate and complete.

4. Accounts

You are responsible for safeguarding login credentials and for activity under your account. Notify us promptly of unauthorized use. We may suspend or terminate accounts that violate these Terms, pose security risks, or are used for unlawful or abusive activity.

5. Fundraisers and campaigns

• Fundraisers must provide accurate organizational information and maintain any required licenses, tax registrations, or charitable solicitations registrations applicable to their activities.
• Campaign content must be truthful, not misleading, and compliant with law and Platform standards. We may review, refuse, pause, or remove campaigns.
• Fundraisers are solely responsible for their campaigns, use of funds, donor communications, tax acknowledgments (when applicable), and compliance with fundraising and consumer-protection laws in jurisdictions where they solicit.
• Connecting a payment account (for example Stripe Connect) is subject to the processor’s terms and identity/verification requirements.

6. Donors and donations

• Donations are voluntary gifts to the Fundraiser identified on the campaign, processed by a third-party payment provider. See the Payments & Funds Disclaimer.
• Tax deductibility depends on the Fundraiser’s status and applicable tax law.Apsida Foundation does not provide tax advice and does not guarantee that any gift is deductible. Obtain advice from your own tax professional and retain your own records.
• You authorize the payment processor to charge the payment method you provide for the stated amount (and any optional fee coverage you select, where offered).

7. Acceptable use

You agree not to:

• Violate any law or third-party right
• Post false, fraudulent, defamatory, or infringing content
• Engage in money laundering, terrorist financing, or other illicit activity
• Attempt to bypass security, scrape the Platform abusively, or interfere with operations
• Impersonate others or misrepresent affiliation with Apsida Foundation or any organization
• Use the Platform to solicit for purposes unrelated to approved campaigns

8. Intellectual property

The Platform, branding, and our original content are owned by Apsida Foundation or its licensors. Fundraisers retain ownership of content they submit and grant us a non-exclusive license to host, display, and distribute that content as needed to operate the Platform and promote campaigns. You may not copy or reuse our software or trademarks without permission.

9. Third-party services

The Platform integrates third-party services (including payment processors). Your use of those services is also governed by their terms and privacy policies. We are not responsible for third-party sites or services we do not control.

10. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant uninterrupted or error-free operation, or that campaigns will meet fundraising goals.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APSIDA FOUNDATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE PLATFORM OR DONATIONS MADE THROUGH IT. OUR TOTAL LIABILITY FOR CLAIMS RELATING TO THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) FEES YOU PAID TO US (IF ANY) FOR PLATFORM ACCESS IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100). Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the fullest extent permitted.

12. Indemnity

You agree to defend and indemnify Apsida Foundation and its personnel against claims, damages, and expenses (including reasonable attorneys’ fees) arising from your content, campaigns, misuse of the Platform, or violation of these Terms or law.

13. California and other state notices

California users may have additional rights under California law, including privacy rights described in our California Privacy Notice. If you are a California resident and a dispute arises, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. Nothing in these Terms limits non-waivable consumer rights under the law of your state of residence.

14. Governing law; disputes

These Terms are governed by the laws of the United States and the State of New York, without regard to conflict-of-law rules, except that mandatory consumer protection laws of your place of residence may apply. Exclusive venue for disputes that are not subject to mandatory arbitration or small-claims procedures shall be state or federal courts located in New York, unless applicable law requires otherwise. You and we waive jury trial to the extent permitted by law.

15. Changes; termination

We may modify these Terms by posting an updated version with a new effective date. Material changes may be communicated by notice on the Platform or email. Continued use after the effective date constitutes acceptance where allowed. We may suspend or terminate access for any violation or risk to the Platform. You may stop using the Platform at any time.

16. Contact

Questions about these Terms: support@apsidafoundation.org or Contact Support on this website.