SparkRaiser, Inc. (“SparkRise”) provides its services (described below) to you through its website and mobile applications (the "Platform") and related services (collectively, such services, including any new features and applications, and the Platform, the "Services"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). For purposes of the following Terms of Service, “SparkRise,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. We will also endeavor to notify you, either through the Services user interface, in an email notification or through other reasonable means, and unless otherwise stated, SparkRise may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on the Platform. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that (i) changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions of these Terms of Service governing disupe resolution by binding shall be made as specified therein. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.
Services Description: The Services are offered as a platform to users of the Services, which may include Campaign Organizers and Donors (each defined herein) and other registered users of the Services (which may include users who simply "like" Campaigns or otherwise participate or interact with the Platform or Services). Among other features, the Services are designed to allow a user (a "Campaign Organizer") to post a campaign ("Campaign") to the Platform to give or accept monetary donations ("Donations") from those registered users wishing to accept (“Causes”) or contribute (“Donors”) funds to the Campaign. For purposes hereof, the term "Campaign Organizer" shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign, either from a fundraising perspective or from a marketing/branding perspective. During SparkRise’s initial Platform launch, there are no fees to set up a Campaign. A percentage of each Donation will be charged as fees for our Services. Please see our Fees section for details.
Charitable Giving: Campaigns are not charities to which you can make tax-deductible charitable contributions. As used in this Agreement, the term "Campaign" does not refer to a Charity, and you acknowledge that contributions to Campaigns are not deductible under your jurisdiction’s applicable tax laws and regulations.
The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. SparkRise facilitates the Donation transaction between Campaign Organizers and Sponsors/Donors, but is not a party to any agreement between a Campaign Organizer and a Donor, or between any user and a Charity. SparkRise is not a broker, agent, financial institution, creditor or insurer for any user. SparkRise has no control over the conduct of, or any information provided by, a Campaign Organizer, a Cause, a Sponsor or a Charity, and SparkRise hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
SparkRise does not guarantee that a Campaign, Cause or a Charity will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaign Organizer, Sponsor, Cause or Charity, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Sponsor and/or Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Campaign Organizer, Cause or Charity.
We do not and cannot verify the information that Campaign Organizers, Causes or Sponsors supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Campaign Organizer, Cause or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Campaign Organizer, Cause, Sponsor or Charity, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaign Organizer, Cause, Sponsor or Charity is not raising or using the funds for their stated purpose, please contact us at email@example.com
You, as a Campaign Organizer, Sponsor and/or Cause, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Campaign Cause and/or Charity will be used solely as described in the materials that you post; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and (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. You authorize SparkRise, and SparkRise reserves the right to, provide information relating to your Campaign with donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.