Terms and Conditions
In these Terms, we refer to those raising funds as “Campaign Owners” and to their fundraising campaigns as “Campaigns.” We refer to those contributing funds as “Contributors” and to the funds they contribute as “Contributions.” Campaign Owners, Contributors and other visitors to the Services are referred to collectively as “Users.”
Crowdfund4u as a Platform
Crowdfund4u is an online platform for crowdfunding. It aims to raise funds for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Campaign Owners can offer gifts or rewards in the form of tangible items or intangible services (collectively, “Perks”) to Contributors. Perks are not offered for sale. Crowdfund4u makes no representations about the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services. It does not represent that Campaign Owners will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Services at their own risk. The Services do not include the offer or sale of securities (as such term is defined in the Securities Act of 1933), and Crowdfund4u is not a broker-dealer or a member of the Financial Industry Regulatory Authority.
Our Services and Eligibility
Without consent, users under 18 years of age are not eligible to use the Services. Users between the ages of 13 and 17 can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. Crowdfund4u reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.
Campaigns Eligibility and Prohibition
Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the Campaign is claiming to do the impossible or it’s just plain phony, don’t post it. Users must comply with all applicable laws and regulations in connection with their Campaigns, including offering Perks and using Contributions. Campaign Owners shall not make any false or misleading statements in connection with their Campaigns.
Campaign Owners must not: (1) include threatening, abusive, harassing, defamatory, libelous, or profane content in any Campaign, or content that is invasive of another’s privacy; (2) impersonate any person or entity, including any employee or representative of Crowdfund4u, or (3) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violate any law or contract.
Political campaigns, electoral campaigns, and campaigns run by PACs (Political Action Committees) are also prohibited on Crowdfund4u.
Perks and Offerings prohibited by Crowdfund4u
Campaign Owners are not permitted to offer or provide any of the following as a Perk or offer:
any form of “security” (as such term is defined in the Securities Act of 1933);
any form of financial incentive or participation in any profit sharing;
any form of digital assets, such as crypto currencies, that are being developed or offered by Campaign Owners;
any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
any controlled substance or drug paraphernalia;
any weapons, ammunition and related accessories;
any form of lottery or gambling;
any human remains, such as bones or skulls;
any form of air transportation; or
any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person’s rights if distributed.
Crowdfund4u is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
spam the comments sections or other Users with unsolicited or unauthorized offers of goods and services, advertising, promotional material, junk mail, spam or chain letters, or inappropriate messages;
engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or
bypass any measures Crowdfund4u may use to prevent or restrict access to the Service;
run any form of auto-responder or “spam” on the Service;
Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or
take any action that imposes, in Crowdfund4u’s sole discretion, an unreasonable load on Crowdfund4u’s infrastructure;
represent products created by others as your own creation, or act as a reseller of others’ products;
Crowdfund4u reserves the right to remove Campaigns and terminate User Accounts for such activities.
Visual Images &Elements prohibited in Campaign
Campaign Owners are not permitted to do any of the following with Campaign images:
Incorporate Crowdfund4u’s colors and branding elements, including but not limited to logos, colored frames, borders or badges;
include any visual element that could be interpreted to have been produced by Crowdfund4u’s, including but not limited to banners, progress bars or funding stats;
Include any visual element that communicates endorsement by Crowdfund4u.
Disputes among Third Parties and Contributors and Campaign Owners.
Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). Crowdfund4u does not recognize any third party and/or agency affiliated with the Campaign as a Campaign Owner. If a Campaign Owner is unable to fulfill any of its commitments to Contributors (including delivery of any Perks), the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding Contributions. Please note that if Campaign funds have been disbursed to the Campaign Owner, then it is the Campaign Owner’s responsibility to issue refunds to Contributors.
Crowdfund4u is under no obligation to become involved in disputes between Campaign Owners and Contributors, or Users and any third party. In addition, Crowdfund4u is under no obligation to become involved in disputes regarding the determination of the rightful Campaign Owner, and will not be obligated to make any changes to Campaign Owner accounts or transfer of ownership. In the event of any dispute, such as a Campaign Owner’s alleged failure to comply with the Terms or alleged failure in fulfillment of a Perk, we may provide the Campaign Owner’s contact information to the Contributor so that the two parties may resolve their dispute.
All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify Crowdfund4u immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information Crowdfund4u may reasonably request and to answer truthfully and completely any questions Crowdfund4u might ask you in order to verify such User’s identity.
Use of license
Crowdfund4u grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms.
With the exception of User Content (defined in the User Content paragraph below), all content made available through the Crowdfund4u platform, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, and software, is the property of Crowdfund4u or other Campaign Owners and is protected by international intellectual property laws.
Campaign Owners are permitted to offer perks to Contributors. Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). This commitment includes shipping Perks to Crowdfund4u Contributors before fulfilling any orders received after the Campaign has ended. For Campaign Owners participating in programs with our retail partners, failure to ship orders to Crowdfund4u Contributors first may result in removal from such retail partnership programs.
Campaign Owners will respond promptly and truthfully to all questions posed to them by Crowdfund4u or any Contributor. Campaign Owners will provide substantive and quality updates at least once a month to their Contributors. Failure to do so may result in punitive actions taken on the Campaign. If any Campaign Owner is unable to fulfill any of its commitments to Contributors (including delivering any Perks), the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions.
Your location as reflected on your Campaign page must match your legal residence that you submit to Crowdfund4u when you create the Campaign. Campaign Owners may not create multiple Campaigns without proof of meeting fulfillment obligations from the original Campaign. Failure to adequately fulfill Campaign obligations may result in Crowdfund4u removing the Campaign(s) from Crowdfund4u, and seeking reimbursement of Campaign funds raised, including by using third-party collections services. Only the Campaign Owner shall be permitted to collect Campaign funds. Crowdfund4u will not be required to disburse Campaign funds to any third parties.
Crowdfund4u may attempt to verify the identity and other information provided to us by Campaign Owners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaign Owner eligibility is subject to Crowdfund4u’s review of the fulfillment status of prior crowd funding obligations. Crowdfund4u reserves the right to prohibit or remove a Campaign if the Campaign Owner is delayed by three months or more in fulfilling a prior crowd funding project on Crowdfund4u or another platform.
If the amounts raised by a Campaign on Crowdfund4u exceed a certain threshold, and/or a Campaign has a high number of refunds or charge backs (each as determined by Crowdfund4u in its sole discretion), Crowdfund4u may withhold a percentage of the Campaign funds for period of time as determined by Crowdfund4u in its discretion and in accordance with Campaign reviews. Crowdfund4u will manage all refunds during this time. The minimum goal set by a Campaign Owner must be at least $500. This is applied to Campaigns with either Fixed or Flexible funding.
You acknowledge that as a Campaign Owner, if you do not act in accordance with Crowdfund4u’s Terms, Crowdfund4u may obtain reimbursement of any amounts owed by a Campaign Owner to Crowdfund4u by holding funds from your Campaign, or from the connected Stripe or bank account associated with your Campaign, or by seeking reimbursement from the Campaign Owner by any other lawful means, including by using third-party collections services.
“Confidential Information”shall include (i) all documents and verbal communications which relate to the products or businesses of either party and which (A) are disclosed by disclosing party to the receiving party, and (B) are confidential and proprietary to a party, (ii) the contents of this Agreement including, but not limited to, a description of the Services, (iii) the fees payable to Crowdfund4u hereunder, (iv) Backer personal information.
a. Each party agrees not to disclose such Confidential Information to others (except its employees and subcontractors who reasonably require same for the purposes hereof and who are bound by a like obligation as to confidentiality) or to use it for purposes other than internally as necessary to perform its obligations under this Agreement, without the other party’s express written permission, except when Confidential Information received from Crowdfund4u (i) can be demonstrated by written records to be known to Campaign Owner at the time of receipt without restriction, (ii) was subsequently otherwise legally acquired by Campaign Owner from a third Party having an independent right to disclose the information without restriction, (iii) is now or later becomes publicly known without breach of this Agreement, Statement of Work, or any other agreement, (iv) is required to be disclosed by order of a court, administrative agency, or other governmental body provided that Campaign Owner has given reasonable advance notice to allow Crowdfund4u the opportunity to seek a protective order or otherwise prevent or limit such disclosure or (v) is or has been independently developed by employees of Campaign Owner without reference to the Confidential Information, and such development can be substantiated in writing. Campaign Owner’s obligations of confidentiality and non-use shall be in force during the term of the Agreement or any applicable Statement of Work and any extension thereof and shall extend for a period of three (3) years from the expiration or termination of the Agreement.
2) EU Data Protection Compliance. If Campaign Owner Accesses Personal Information that originated in the EU, all of the following will apply:
a) Access to EU-Originated Personal Information from Non-Adequate Countries or Industry Sectors. To the extent Campaign Owner will access Personal Information that originated in the EU from a country or industry sector that is not the subject of a formal adequacy finding of the European Commission, Campaign Owner will ensure the lawfulness of cross-border Personal Information transfers by doing one of the following, at Crowdfund4u’s discretion: (i) entering into an agreement with Crowdfund4u based on the European Commission’s standard contractual clauses; (ii) implementing fully approved binding corporate rules (BCRs) and taking such steps as are required to ensure that the Personal Information is protected by those BCRs; or (iii) where applicable, certifying Campaign Owner’s compliance to the EU – US Privacy Shield and complying with its relevant principles. In this Agreement, “Personal Information” has the same meaning as “Personal Data” under Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
b) Transfers Under the EU – US Privacy Shield. Crowdfund4u is certified under EU-US Privacy Shield, Campaign Owner will: (i) provide at least the same level of protection for Personal Information as is required by the relevant principles of the EU – US Privacy Shield; (ii) comply with Parts A and B of the IPA for as long as Campaign Owner has Access to Personal Information that originated in the EU; and (iii) where Campaign Owner permit a Third Party Campaign Owner to Access Personal Information that originated in the EU, require the Campaign Owner to provide at least the same level of protection as is required by the IPA and the relevant principles of the EU-US Privacy Shield.
c) All Data Processors. To the extent Campaign Owner is a “Data Processor” (as defined in The Directive) that will access Personal Information that originated in the EU, Campaign Owner will only access Personal Information in accordance with Crowdfund4u ’s instructions.
Data Security. In accordance with best industry practices and standards, Campaign Owner will ensure the following:
1) Install and maintain industry-standard security measures for Campaign Owner’s computer systems;
2) Implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect all Confidential Information and personally identifiable information obtained hereunder from unauthorized access, destruction, use, modification or disclosure.
Contributors are solely responsible for asking questions and investigating Campaign Owners and Campaigns to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. Crowdfund4u does not guarantee that Contributions will be used as promised, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. Crowdfund4u does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes. If a Contribution is returned to a Contributor, the associated Perks, if any, shall be canceled.
Setting up an account on the Services is free. We do not charge our Service fees to Contributors. Unless otherwise expressely indicated on the Services, we do charge our Service fees to Campaign Owners as a portion of the Contributions they raise (the “Service Fees”). By using the Services Users agree to our Service Fees listed here https://crowdfund4u.com/httpdocs. Changes to Service Fees are effective after we post notice of the changes on the Services. Updated Service Fees are applied to Campaigns launched after the notice is posted.
Contributors may request a refund from Crowdfund4u before the end of a Campaign. For Campaigns that have entered the In Demand program, Contributors may request a refund from Crowdfund4u within 10 days of the contribution. To process your refund please follow these steps.
Taxing authorities may classify funds raised on the Services as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. Crowdfund4u will ask for the tax identification number (TIN) of Campaign Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities. Crowdfund4u will provide Campaign Owners with a tax document if required by the relevant taxing authorities.