Terms of Use
November 1, 2024 Update

SuccessFund Terms of Use

Effective Date: December 1, 2024

1. Introduction

‍

1.1. Purpose of the Terms: Welcome to SuccessFund! These Terms of Service (the "Terms"), which may be updated by us from time to time, govern your use of the SuccessFund Platform, including our website at www.successfund.com, our mobile applications, and any new features or services we may introduce. These Terms are essential as they establish a legal, binding agreement between us and you while you access and use the Platform. The terms “SuccessFund,” “we,” “us,” and “our” refer to SuccessFund, Inc., the entity with which you are entering into these Terms.

‍1.2. Acceptance of Terms: By using any of the services or the Platform, you agree to these Terms. This means you understand and accept all the rules regarding the use of our Services. Whether you are a school administrator, faculty member, booster organization, or otherwise interacting with the Platform, these Terms apply to you. If you are located in the United States, you are contracting with SuccessFund. If you are located outside the United States, you may be contracting with a different SuccessFund entity. SuccessFund may apply and exercise its rights under these Terms on behalf of any such entities. Please refer to the end of these Terms for the addresses and contact information for each SuccessFund entity.

‍1.3. Quick Note on Arbitration: If you are using SuccessFund in the United States, Australia, or Canada, please be aware of our Arbitration Agreement detailed in Section 18 below. By using our Services, you agree that any disagreement or legal issue between you and SuccessFund will be resolved through the dispute resolution provisions detailed in Section 18, including the Arbitration Agreement. You also waive your right to participate in a class action lawsuit or have a jury trial. Please read the “Dispute Resolution & Arbitration” section of these Terms for more details.

‍

2. Definitions of Key Terms

These are the key definitions that you need to know that will be referenced throughout these Terms:

2.1. Account: A unique account created by a user to access and utilize SuccessFund’s Services, which includes personal information, credentials, and activity logs.

2.2. Administrator: A user account with elevated permissions beyond the standard permissions granted to a default role. Administrators have access to manipulate the settings within their group or organization.

2.3. Affiliates: Any entity that directly or indirectly controls, is controlled by, or is under common control with SuccessFund. This includes subsidiaries, parent companies, and any other related entities.

2.4. Beneficiary: The individual, group, or entity for whose benefit the corresponding Campaign is conducted and who is the intended recipient of the funds raised.

2.5. Certified NPO: Any 501(c)(3) non-profit organization that has successfully enrolled with the relevant charitable funding platform to receive donations.

2.6. Campaign: A fundraiser, storefront, event, or other initiative created on the Services with the goal of getting administrative approval, raising funds, effectuating sales, or otherwise transacting.

2.7. Convenience Fee: A recurring fixed fee that we may charge when you set up a recurring payment to a Campaign. To learn more about the Platform and the applicable Convenience Fee, visit SuccessFund Pricing.

2.8 External Group (EXG): Any group operating separately and independently, but in connection with a school or district such as a booster club, PTO, PTA, or other parent organization. 

2.9 Local Education Agency (LEA): A public board of education or other public authority within a state that maintains administrative control of public elementary and/or secondary schools in a city, county township, school district, or other political subdivision of a state.

2.10. NPO: A non-profit organization (including schools, universities, or other educational institutions) that is established for charitable purposes under applicable laws and is eligible to receive donations through the Platform.

2.11. Organizer: An individual or entity (including a non-profit organization) who initiates and manages a Campaign on the Platform.

2.12. Platform: The entire suite of online Services provided by SuccessFund and its Affiliates, including our website, mobile application(s), and any related services or technologies.

2.13. Services: The various features, functionalities, and tools provided by SuccessFund and its Affiliates through its Platform, enabling Users to create and manage Campaigns, transact, and interact with each other.

2.14. Services Content: All content and materials provided by SuccessFund on the Services, including text, graphics, logos, images, and software, excluding User Content.

2.15. Software: The proprietary software and applications provided and owned by SuccessFund that enable Users to access and use the Services.

2.16. Supporter: Any individual or entity that contributes funds to a Campaign on or through the Services or has contributed separately, but whose contribution(s) are recorded on a SuccessFund Campaign.

2.17. Third Party Resources: Any websites, services, content, or resources provided by entities other than SuccessFund or its Affiliates, which may be accessible through the Services.

2.18. Transaction Fee: A fee charged by SuccessFund or its payment processors for processing transactions. To learn more about the Platform and the applicable Transaction Fee, visit SuccessFund Pricing.

2.19. Transfers: The process of moving funds raised through the Services to the Beneficiary’s bank account or other designated account.

2.20. User: Any individual or entity that accesses, registers for, or uses the Platform, including Administrators, Organizers, Supporters, and Volunteers.

2.21. User Conduct: The behaviors and actions of Users while using or otherwise accessing the Services.

2.22. User Content: Any content, including text, images, videos, and other materials, that a User posts, uploads, submits, or otherwise makes available or shares with other Users on or through the Services.

2.23. Volunteer: A user who accesses the Platform with or without creating an account for the purpose of helping execute a campaign.

‍

3. The Services We Provide

‍

3.1. Description of the Services provided: SuccessFund offers a Platform for schools, school districts, foundations, individuals, entities, or nonprofits to create Campaigns to collect monetary payments from supporters for their organizations which will benefit from the funds. We also provide specialized services to schools, school districts, faculty members, booster clubs, PTOs, PTAs, and other organizations external to schools, and other organizations.

‍3.2. Our Role and Limitations: Our Services provide a platform for creating and managing Campaigns and facilitating connections between Organizers and Supporters. However, we are not a bank, payment processor, broker, charity, or financial advisor. We do not solicit donations, and the availability of our Services should not be interpreted as a solicitation. We do not engage in solicitation activities on behalf of ourselves or others. The information provided through our Services is for general informational purposes only and is not intended to serve as professional advice. For specific advice, particularly regarding financial, legal, or tax matters, you should consult a professional. We do not oversee or endorse any User, Campaign, fundraiser, or cause, and we do not guarantee the success of any Campaign. Supporters are responsible for determining the worthiness of a cause before making a contribution.

‍3.3. Modification, Suspension, or Termination of the Services: Sometimes we may need to make changes, pause, or even stop parts of our Services. We do our best to minimize any disruptions and will try to notify you in advance whenever possible. However, in emergencies or due to legal requirements, advance notice may not always be feasible. We’re not responsible for any issues these changes may cause, but we always strive to handle things as smoothly as we can.

‍

4. Account Creation and Eligibility Requirements

‍

4.1. What You Need for Registration: When you sign up to use certain Services, you shall provide accurate and complete information about yourself, your school, your district, or your External Group (EXG). This includes your real name, address, phone number, and any photos or videos you might upload if you're organizing a Campaign. Keeping this information up to date is important to ensure everything goes smoothly. Your registration data and any other information you provide are governed by our Privacy Policy and these Terms.

‍4.2. Compliance with Third-Party Services: You may also need to register with third-party fundraising providers we partner with, and agree to their terms. If we or our payment solution providers find that the information you provided is inaccurate, violates our Terms or the terms of our payment processors, or if there’s misuse of funds, we may need to suspend or terminate your access to some or all of our Services. This could also result in legal action from authorities.

‍4.3. Age Restrictions: If you are under 13 years old, you cannot use the Platform or Services, even with registration. If you’re not yet considered an adult in your area (typically under 18 or 19 years old, depending on local laws), you must have your parent’s or guardian’s permission to use our Platform or Services.

‍4.4. Keeping Your Account Safe: You are responsible for keeping your password and account information confidential. Please do not share your password with anyone else. If you suspect that someone has accessed your account without permission, please let us know immediately. Also, remember to log out of your account when you finish using it, especially on shared computers or devices. If you do not take these precautions and comply with these Terms, SuccessFund is not responsible for any losses you may experience. For tips on keeping your account secure, visit our Account Security page.

‍4.5. Mobile Services and Text Messages: The Services include features that you can access via a mobile device, such as uploading User Content, browsing the Platform, taking in-person payments, redeeming purchases made in advance, and using certain applications installed on your mobile device (collectively, the "Mobile Services"). If you use Mobile Services, your wireless service carrier may charge standard fees, data rates, and other charges. We are not responsible for any charges incurred by you for utilizing the Mobile Services. Some Mobile Services may be restricted or prohibited by your carrier, and not all services may be compatible with all carriers or devices.

By using Mobile Services, you give us your prior express written consent to send you communications about your Account or security via SMS, MMS, text message, or other electronic means to your mobile device, including but not limited to promotional, marketing, informational, and administrative messages. We may also process certain information about your use of Mobile Services. When setting up your SuccessFund Account, if you choose to receive verification codes via text message, you agree to receive automated and non-automated messages related to your Account from or on behalf of SuccessFund. You can opt out of non-security-related messages by replying STOP to these messages; however, automated security messages cannot be opted out of. Message frequency may vary, and standard message and data rates may apply.

We will comply with all applicable local laws and regulations before communicating with you in this manner. If you change or deactivate your mobile number, please promptly contact SuccessFund with your account information to ensure that messages are not sent to the person who receives your old number.

‍

5. Payment Processing

SuccessFund itself does not handle the actual processing of payments. Instead, we use third-party payment processors like Braintree, Zettle, Paypal, and Dwolla to manage and process all transactions for campaigns. To transfer funds from a Campaign, you must provide your bank account details to our payment transfer partners.

By making a payment, or setting up a Campaign, you agree to the processing of data by third-party payment processors pursuant to these Terms, as well as any applicable terms set forth by Braintree, Zettle, Paypal, Dwolla, and CapitalOne. Our current payment processors include Braintree (Braintree's terms and conditions), Paypal (Paypal’s terms and conditions), and Zettle (Zettle's terms of service). 

6. User Responsibilities and Obligations

6.1. Organizers: As an Organizer, you confirm that all information you provide about your Campaign, whether directly or through an agent or using artificial intelligence, is accurate, complete, and clear. You are responsible for clearly describing how funds will be used and ensuring that funds received are used solely for that purpose. You can update supporters on the progress of your Campaign and share relevant information.

When organizing a Campaign, you agree to comply with all relevant laws and regulations, including those concerning taxes, donations, and state restrictions regarding lotteries and gambling.

If you use personal data from anyone, such as their name, image, or likeness, you represent and warrant that you have their valid legal permission to share it with us and post it on the Services. Additionally, you agree not to offer goods or services in exchange for donations. Information about your Campaign may be shared with supporters, administrators, legal authorities, and as described in our Privacy Policy.

(a) Maintaining Accurate Information: You shall keep your registration details accurate and current. This includes updating your name, email address, and any images or videos representing yourself, your organization, or your external group. This ensures transparency and trust with supporters and compliance with these Terms and applicable legal requirements.

(b) You Agree to Cooperate: When you organize a Campaign on SuccessFund, you agree to cooperate fully if we request evidence to verify your compliance with these Terms. Our requests may include explaining how funds were or will be managed, providing documentary evidence related to your Campaign, disclosing parties involved in fund handling, demonstrating fund usage, or confirming consent from participating individuals for fund distribution plans consistent with your Campaign’s description. Auditors engaged by SuccessFund, your district, school, or organization may request additional details for auditing purposes. We reserve the right to take actions such as refusing, conditioning, suspending, freezing, or banning payments, accounts, Campaigns, transfers, or other transactions if we believe, in our sole discretion, that they may violate these Terms, harm the interests of our users or business partners, or expose unacceptable risks to us, you, or others.

‍

6.2. Supporters: When you donate money on SuccessFund, it’s important to understand how your donation will be used, and you donate at your own risk. Be sure to check the Campaign’s page regularly for updates or new information. We do not guarantee what Organizers promise or verify information on Campaigns, nor do we ensure that donations will be used as described by the User or fundraiser. However, we take reports of fraud or misuse of funds seriously and will take appropriate action against any Campaign or user violating our Terms.

(a) Making Payments: When transacting through SuccessFund, you must use a credit card or other linked payment method. You confirm that your payment information is accurate and that you are authorized to use your payment method. There may be a minimum payment amount, and payments are generally non-refundable unless covered under special circumstances. We use third-party payment processors to handle transactions. By making a payment, you agree to our payment processors' rules and these Terms. For details on our payment processors and their rules, refer to the "Payment Processors" section above.

(b) Recurring Payments: By opting into recurring payments, you authorize SuccessFund and its vendors to charge your designated payment method without additional authorization. The specified amount will be charged at the frequency you select (e.g., monthly) until the Campaign is no longer active or you cancel the recurring donation. You can cancel at any time through your account or by contacting our Support Team. Cancellations take effect promptly, but previous payments processed before cancellation are non-refundable unless under exceptional circumstances.

(c) Refunds and Disputes: If you believe there is an error in your payment, contact us immediately for assistance. Any fraud disputes or chargebacks initiated with your payment provider may be contested based on this authorization.

(d) Reporting Concerns: We take reports of fraud or misuse seriously. If you suspect a User or campaign is violating our Terms, contact support to alert us. We will investigate promptly.

(e) No Restrictions on NPO Donations: Donating to a school through a Campaign that does not explicitly identify how funds will be used means you relinquish control over how your payment is used. Although you can suggest specific uses, the district, school, or organization has discretion over all donations.

(f) Tax Implications: Consult a tax advisor regarding the tax deductibility of your donations to schools. SuccessFund does not withhold funds for tax purposes or guarantee tax deductibility or credits. We are not liable for any tax claims or penalties resulting from how your payment is reported.

(g) Sharing Your Information: We share your personal information with the school district or organization you donate to, even if you choose to donate anonymously, in line with our Privacy Policy. By accessing our Services and participating in any Campaign, you expressly consent to our sharing of your personal information with the applicable organization. The school district may use this information for compliance and transactional purposes, such as providing appropriate receipts. SuccessFund is not responsible for how the school district or organization uses your information.

‍

6.3. Nonprofit Organizations (NPOs):

If you’re using SuccessFund to fundraise as an agent for an NPO or managing an account for an NPO on our Platform, you confirm that you are authorized to do so and will comply with all applicable laws. We may request additional verification to confirm your authorization to act on behalf of the NPO when necessary. Your NPO must maintain its legal status as a tax-exempt entity and be registered with the relevant authorities, such as the IRS in the United States or the Canada Revenue Agency in Canada.

(a) Refunds: If a Supporter receives a refund of their payment and SuccessFund has already transferred the payment to your organization, the refunded amount will be deducted from future payments to your organization. If needed, an invoice may be issued to your organization for the refunded amount. Your organization agrees to reimburse the full amount of any refunded payment to SuccessFund. Alternatively, SuccessFund may, in its sole discretion, adjust a future deposit amount instead of requesting the return of funds.

(b) Adding Your NPO on SuccessFund: Our Platform includes public pages that provide information about NPOs. An authorized representative of your NPO has the right to claim these pages and manage your NPO’s presence on SuccessFund.

(c) Removing Your NPO from SuccessFund: If you’re an authorized representative of an NPO and wish to remove your NPO from our Platform, please email us at support@successfund.com with your full name, job title, and your NPO’s email and phone number. Keep in mind, removing your NPO from our Platform means it won’t be able to receive payments through SuccessFund anymore.

(d) Receiving Funds: As an NPO, the total amount you receive from donations will be reduced by our Transaction Fees and subject to the procedures and terms of the applicable Payment Processor. 

6.4. Local Education Agency (LEAs):

If you’re using SuccessFund to fundraise as an agent for an LEA or managing an account for an LEA on our Platform, you confirm that you are authorized to do so and will comply with all applicable laws. We may request additional verification to confirm your authorization to act on behalf of the LEA when necessary.

(a) Refunds: If a supporter receives a refund of their payment and SuccessFund has already transferred the payment to your organization, the refunded amount will be deducted from future payments to your organization. If needed, an invoice may be issued to your organization for the refunded amount. Your organization agrees to reimburse the full amount of any refunded payment to SuccessFund. Alternatively, SuccessFund may, in its sole discretion, adjust a future deposit amount instead of requesting the return of funds.

(b) Adding or Claiming Your LEA on SuccessFund: Our Platform includes public pages that provide information about LEAs. An authorized representative of your LEA has the right to claim these pages and manage your LEA’s presence on SuccessFund.

(c) Removing Your LEA from SuccessFund: If you’re an authorized representative of an LEA and wish to remove your LEA from our Platform, please email us at support@successfund.com with your full name, job title, and your LEA’s email and phone number. Keep in mind, removing your LEA from our Platform means it won’t be able to receive payment through SuccessFund anymore.

(d) Receiving Funds: As an LEA, the total amount you receive from payments processed will be reduced by our Transaction Fees and subject to the procedures and terms of the applicable Payment Processor. 

(e) Payment Processors for LEAs: SuccessFund partners with PayPal and, in some cases Zettle for processing payments to LEAs.

6.5. Tax Responsibilities for Organizers, LEAs, NPOs, and Beneficiaries:

SuccessFund does not withhold funds for tax purposes or any other reasons. As an Organizer, Beneficiary, LEA, or NPO, you are solely responsible for paying any applicable taxes related to the payments or donations you receive. It is your responsibility to accurately calculate, report, and remit the correct amount of taxes to the relevant tax authorities.

7. Transfers, Holds & Chargebacks

7.1. Transfers:

At SuccessFund, we work hard to process Transfers promptly, as long as you provide accurate information and our systems are functioning properly. By using our Services, you agree that:

1. Transfers might not be available instantly.
2. We can’t guarantee exact processing times, but we’ll do our best to complete Transfers as quickly as possible.
3. You’ll cooperate with any requests for information needed to confirm compliance with these Terms.
4. To the extent allowed by law, we’re not responsible for any delays, issues accessing your funds, or any consequences that may result.

We’ll always aim to share estimated Transfer times with you whenever we can.

(a) Keeping Your Information Accurate: As an Organizer or Beneficiary, it’s your responsibility to:

1. Verify your bank account information under "Bank Accounts" promptly.
2. Make sure all information you provide to SuccessFund, including your bank account details, is accurate and up to date.

(b) Refunds: SuccessFund reserves the right to issue refunds at our discretion, which could include the full amount, without prior notice. To the extent the law permits, we’re not liable for any claims, damages, fees, or other losses related to these refunds, such as transaction or overdraft charges.

(c) Time Limit for Transfers: Our payment processors can’t hold funds forever. If you haven’t transferred your donations to your bank account within 120 days of the first donation, our payment processors may, as required by law, refund the funds or send them to a government agency. If that happens, it’s up to you to work with the relevant authorities to recover any unclaimed funds and we are not responsible for any such action.

7.2. Transfer Holds:
To help protect our Users, SuccessFund may, at our discretion, place a hold on a Campaign, limit Transfers, initiate a reverse ACH Transfer, set up reserves, or take similar protective measures (referred to as a "Hold"). A Hold might be applied to your Campaign or Account for various reasons, including but not limited to:

(a) Verification Needs: We may need extra information to confirm that you’re in compliance with our Terms, or we may believe that a Campaign or User has violated our Terms.

(b) Managing Risks: We might identify activities related to your Campaign that pose a risk to us or third parties.

(c) Legal Requirements: We may need to comply with court orders, legal mandates, or other legal obligations.

If you have questions about a Hold on your Campaign or Account, or need help resolving it, please keep an eye on the email linked to your account for further instructions.

7.3. Payment Processor Chargebacks:
Sometimes, a Supporter may dispute a credit card charge for a Payment made through SuccessFund or request a refund under our Refund Policy. If the Supporter isn’t claiming fraudulent activity (meaning they did authorize the transaction), they must first try to resolve the issue with the Organizer or with us before initiating a chargeback.

We carefully review all chargeback requests to determine if they are valid. If we find that a chargeback is unjustified, we may use information provided by you and other relevant details available at the time of the payment to challenge the chargeback. We’ll defend against non-fraudulent chargebacks using appropriate reason codes, such as "Merchandise / Services Not Received" or other relevant codes that apply when a transaction did not involve the expectation of goods or services.

If a Supporter or their card issuer starts a chargeback process, the Supporter loses any benefits or protections under SuccessFund's Refund Policy for that Payment and we may terminate said Supporter’s access to the Services.

8. Prohibited Campaigns and Related User Content

8. Prohibited Campaigns and User Content:
This section explains our guidelines for Campaigns and User Content that are prohibited or illegal. We may remove any User Content, including Campaigns, that we believe violates these Terms. If you breach these Terms, we may take action such as banning or disabling your use of the Services, halting payments, placing holds on Transfers, reporting the matter to law enforcement, or pursuing other appropriate legal steps.

We may, but are not obligated to, investigate any Campaigns, Users, or User Content to ensure compliance with these Terms. This may include reviewing materials like social media, related news, or any other information we find relevant. While we may remove, edit, or modify any content on our Platform at our discretion, we are not required to do so, even if it is illegal, inaccurate, misleading, infringes on intellectual property, or violates these Terms.

By using the Services, you shall not create Campaigns for purposes that include, but are not limited to:

8.1. Violating any laws, regulations, industry requirements, or third-party guidelines or agreements that apply to you, including those of payment card providers.
8.2. Running Campaigns that are fraudulent, misleading, inaccurate, dishonest, or impossible to fulfill.
8.3. Sharing content that is offensive, graphic, perverse, or sexually explicit.
8.4. Raising funds for ransom, human trafficking, exploitation, vigilantism, bribes, or bounties.
8.5. Buying or using illegal drugs, narcotics, steroids, controlled substances, pharmaceuticals, or similar banned products.
8.6. Engaging in activities with countries, regions, governments, people, or entities that are subject to economic sanctions, unless authorized by the relevant government and our payment service providers.
8.7. Dealing in equipment or weapons intended for conflict, explosives, ammunition, firearms, knives, or similar items.
8.8. Supporting terrorism, extremism, hate, violence, harassment, bullying, discrimination, terrorist financing, or money laundering.
8.9. Posting content that promotes bullying, harassment, discrimination, or intolerance based on race, ethnicity, nationality, religion, sexual orientation, gender, gender identity, gender expression, disabilities, or diseases.
8.10. Providing legal defense funds for financial and violent crimes, such as money laundering, murder, robbery, assault, battery, sex crimes, or crimes against minors.
8.11. Encouraging self-harm or suicide, except in a lawful clinical setting.
8.12. Facilitating gambling, gaming, or activities involving entry fees and prizes, like raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lotteries, or similar ventures.
8.13. Hiding the source of funds or engaging in activities that obscure their origin.
8.14. Promoting annuities, investments expecting returns, loans, equity contracts, offshore banking, money services (e.g., currency exchanges, check cashing), pyramid schemes, "get rich quick" schemes, network marketing, referral programs, debt collection, or cryptocurrencies.
8.15. Conducting cash advances or offering lines of credit to yourself or others without a legitimate purpose.
8.16. Conducting electoral fundraising unless managed directly by the candidate or their committee, or hosting election campaigns in unsupported countries unless operated by a registered organization in a supported country.
8.17. Attempting to bypass payment processing rules, regulations, or these Terms.
8.18. Engaging in activities that pose a significant risk of financial loss to SuccessFund.
8.19. Participating in any other activities that we consider: (a) unacceptable or inappropriate; (b) disruptive or restrictive to other users of the Services; or (c) potentially harmful or risky for SuccessFund, its employees, or other Users.

9. Prohibited User Conduct

9. Prohibited User Conduct:
This section outlines our rules regarding prohibited and illegal conduct. We may, in our sole discretion, remove any User Content, including Campaigns, if we determine that a User has engaged in behavior that violates these Terms. Additionally, if you breach these Terms, we may take actions such as banning or disabling your use of the Services, stopping payments to any Campaign, placing holds on payments and Transfers, reporting the matter to law enforcement, or taking other appropriate legal steps.

By using the Services or our Platform, you agree:

9.1. Not to use the Services to upload or share User Content that: (i) infringes on intellectual property or other proprietary rights; (ii) you do not have the right to share under any law or under contractual or fiduciary obligations; (iii) contains software viruses or malicious code intended to disrupt or harm computer software, hardware, or telecommunications equipment; (iv) creates a privacy or security risk for any person; or (v) constitutes unauthorized advertising, promotional materials, or commercial activities like "junk mail," "spam," chain letters, or pyramid schemes.
9.2. Not to interfere with or disrupt servers, networks, or features connected to or used by the Services, or disregard any related requirements, procedures, policies, or regulations.
9.3. Not to harvest, collect, or publish personally identifiable information of others.
9.4. Not to raise funds with the explicit intention to distribute those funds to any specific individual including a minor.
9.5. Not to use the Services on behalf of a third party or post personal information about a third party without their consent.
9.6. Not to use another User's Account or URL without permission, impersonate any person or entity, misrepresent your affiliation with any person or entity, misrepresent a nonprofit organization, school or school district, or Campaign, or post User Content in inappropriate categories or areas on the Services.
9.7. Not to create any liability for SuccessFund or cause us to lose services from our internet service provider(s), web hosting company, or other vendors.
9.8. Not to gain unauthorized access to the Services, accounts, systems, or networks.
9.9. Not to attempt to obtain materials or information that isn’t made available through the Services.
9.10. Not to post or transmit content for commercial purposes or advertising, except where using the Services for fundraising activities is allowed under these Terms.
9.11. Not to transmit more requests through the Services in a given period than a person can reasonably produce using a standard web browser.
9.12. Not to engage in conduct inconsistent with the business or purpose of the Services.
9.13. Not to share your password or login credentials with anyone.
9.14. Not to make or accept any payments that you know or suspect to be erroneous, suspicious, or fraudulent.
9.15. Not to use the Services in or for the benefit of any country, organization, or person embargoed or blocked by any government, including those on U.S. sanctions lists or other applicable lists.
9.16. Not to indirectly or cause any third party to attempt any of the above.
9.17. To maintain reasonable security measures to protect information shared through the Services, including following any security procedures required by SuccessFund.
9.18. To keep copies of records related to Campaigns and Payments as necessary to verify compliance with these Terms, and to provide them to SuccessFund upon request. This does not limit your obligations to keep records as required by law.
9.19. To cooperate as reasonably possible with audits, investigations, or corrective measures requested by SuccessFund, payment processors, or authorities regarding any User, Campaign, or Payment.

10. Content Moderation and Reporting Campaigns

If you believe that a Campaign includes illegal content or content that breaches these Terms or our content guidelines, please notify the SuccessFund team. We will review the matter and investigate. If you disagree with any actions we take in response to a notice or complaint about User Content or Platform use that is illegal or not allowed by SuccessFund, you can contact the SuccessFund team via email at support@successfund.com.

We use a mix of business rules, machine learning, and human review to identify and address any violations of our Terms. More details about how we moderate User Content, protect individuals from illegal content, report or appeal violations, manage complaints, and resolve disputes are available in our Help Center.

Please note that the content moderation rules in this section do not override the policies and procedures provided in our Help Center, which cover how we handle content moderation, report and appeal violations, and resolve complaints.

11. Fees

11.1. No Platform Fee: We do not charge any upfront fee for using our Platform or for starting or maintaining a Campaign. A Platform fee is usually a fixed or percentage-based charge for accessing a service, but with SuccessFund, there’s no cost to create or keep a Campaign active.

11.2. Transaction Fees and Convenience Fees on All Payments: While there’s no fee to start or maintain a Campaign, Transaction Fees or Convenience Fees, where applicable, do apply to payments received. This fee covers the cost of processing each payment, including credit or debit card charges. These fees are automatically deducted to ensure secure payment delivery. For more details on our fees, please visit SuccessFund Pricing.

12. Intellectual Property Rights, Content Ownership and Licenses

12.1. Ownership and Intellectual Property: You acknowledge that the content and materials on our Platform and Services are protected by laws related to copyright, patents, trademarks, and other intellectual property rights. The technology and Software that power the Platform are owned by SuccessFund, our partners, and affiliates.

12.2. Use of SuccessFund Trademarks: The name "SuccessFund" and associated logos are marks of SuccessFund and its Affiliates. Other trademarks appearing on our Platform belong to their respective owners. You may not use SuccessFund trademarks without our prior written permission. All rights related to SuccessFund trademarks are exclusively ours.

12.3. Do Not Misuse Content on Our Platform: You agree not to copy, alter, sell, distribute, or create derivative works based on the Platform’s content. Data mining, scraping, or similar methods to collect content are prohibited. If we block your access (e.g., by IP address), you agree not to bypass this blocking. Any rights not specifically granted by us remain reserved.

12.4. Do Not Misappropriate Our Software: You may not copy, modify, reverse engineer, or attempt to discover any source code of our Software or Platform.

12.5. Rights and Permissions for Content You Share: By sharing content on our Platform, including User Content, you confirm that you either own the content or have permission to use and share it. You grant SuccessFund a worldwide, royalty-free, perpetual, and irrevocable license to use, modify, and distribute your content for any purpose, including promoting our Services. Your participation is voluntary, and you will not receive any financial compensation.

12.6. Release and Waiver of Rights in Shared Content: By posting content, including User Content, you waive any rights related to privacy, publicity, or moral claims against us or other Users to the maximum extent permitted by law. You also agree to release us from liability associated with the use of your content, including your name, image, or likeness. If your content involves other individuals, you confirm that you have obtained their permission.

12.7. User Submissions and Feedback: Any content, including User Content, or feedback you provide may be publicly accessible. You agree that we can use this information for any purpose without any obligation to keep it confidential or provide compensation. You grant us a perpetual, worldwide license to use and distribute your feedback and content.

12.8. Copyright or Trademark Complaints: We respect intellectual property rights and will respond to infringement claims under applicable laws like the DMCA. If you believe your work has been infringed, please submit a written notice to our copyright agent at legal@successfund.com with the subject "DMCA Takedown Request," or mail it to:

SuccessFund Copyright Agent
SuccessFund c/o Legal Department
3302 N 280 W
Lehi, UT 84043
United States

Takedown Notice Requirements:

• Your contact information.
• A description of the copyrighted work and the location of the infringing content.
• A declaration stating your belief that the use is unauthorized, and that your notice is accurate.
• Your electronic or physical signature.

Counter-Notice Requirements:

• Your contact information.
• Details of the content that was removed.
• A declaration of good-faith belief that the content was removed due to a mistake.
• Consent to the jurisdiction of a U.S. Federal District Court.
• Your physical or electronic signature.

If we receive a valid counter-notice, we may reinstate the content after 10-14 business days, unless the original claimant files a court action.

13. Data Privacy and Artificial Intelligence

13.1. Privacy Notice: We respect your privacy. For more details, please see our Privacy Policy. By using our Services, you agree to how we process your personal information as described in the Privacy Policy.

13.2. Retention of Campaign Data: We are not required to keep data related to any Account or Campaign after it ends. We may delete old data or close inactive Accounts without notice, except for data we need to keep to meet legal obligations or handle legal claims. When possible, we will try to notify school district organizations before deleting Accounts or data.

13.3. Public Visibility and Privacy Settings: Some activities on our Platform are public, such as the posts you create or content you upload, including User Content (e.g., descriptions, photos, videos, comments). Your profile information (name, organization, biography) can also be seen by other Users. For example, if you organize a Campaign, you may share sensitive information through the Services. If you make a payment, you can choose to keep it private by checking the “Don’t display my name publicly on the campaign” box. However, the Campaign Organizer, their team, the Beneficiary, and others will still see your information as stated in our Privacy Policy. You expressly consent to our processing of all information you upload to the Services, including sensitive information.

13.4. Third-Party Communications: When using our Services to communicate with others (e.g., referring someone or discussing a Campaign or payment), you confirm that you have the authority and consent to share their information with us and that you have informed them how their information will be used. You also agree that we may identify you as the referrer in messages sent to the third party. We may use this information to contact the third party or provide you with a template message for communication and send reminders or related messages to you and the third party.

13.5. Artificial Intelligence: We continuously develop new technologies to improve our Services. For instance, we may allow you to use AI tools we or our vendors develop to help you create content and promote your Campaigns. Using these features is offered for your convenience, with no warranties. Outputs from AI may vary in accuracy and should be evaluated as needed for your specific use. Outputs may not be unique, and similar results may be generated across multiple Users. You expressly consent that we can use all information you upload to the Services for these purposes and represent and warrant that you have any individual’s consent for us to do the same with their respective personal information.

13.6. Cookies, Pixels, and Other Automatic Tracking Technologies: We utilize various automatic tracking technologies on our website, Platform, and Services, including but not limited to cookies, pixels, web beacons, and APIs (“Tracking Technologies”). These Tracking Technologies may allow us and third parties to track information about you and your use of website, Platform, and Services, and to allow us or third parties to send you targeted advertising, marketing, or promotional messages, By visiting our website and accessing our Platform and Services, you expressly consent to our or a respective third party’s use of the Tracking Technologies as explained in this section. You may opt out of our or a third party’s use of Tracking Technologies by adjusting cookie preferences here.

14. Third-Party Services and Content

14.1. Other Third-Party Websites/Links/Services:
Our Services may include links to, or rely on, third-party resources. We do not control these third-party resources and are not responsible for their content, functions, accuracy, or legality. By using our Services, you agree that we are not liable for any damages or losses caused by these third-party resources. In some cases, third-party resources may involve products or services offered by a third party, and you may be subject to their terms. SuccessFund may receive commissions from certain providers of these products and services.

14.2. Apple-Enabled Software Applications:
SuccessFund offers software applications intended for use with Apple Inc. products and other platforms. For software used with Apple-branded products (“Apple-Enabled Software”), the following additional terms apply:

• (a) SuccessFund, not Apple, is responsible for the Apple-Enabled Software and its content.
• (b) You may not use the Apple-Enabled Software in a way that violates Apple’s App Store Terms of Service.
• (c) Your license is limited to using the Apple-Enabled Software on an iOS device you own or control, as permitted by the App Store Terms of Service.
• (d) Apple has no obligation to provide maintenance or support for the Apple-Enabled Software.
• (e) Apple is not responsible for product warranties. If the Apple-Enabled Software does not conform to a warranty, you may contact Apple for a refund of the purchase price, if any. Other warranty-related claims will be the responsibility of SuccessFund.
• (f) SuccessFund, not Apple, handles claims relating to the Apple-Enabled Software, including product liability, legal compliance, and consumer protection issues.
• (g) For intellectual property claims against the Apple-Enabled Software, SuccessFund is responsible for investigating and resolving the claims.
• (h) Questions or claims regarding the Apple-Enabled Software should be directed to SuccessFund at:
  • SuccessFund
    c/o Legal Department
    3302 N 280 W
    Lehi, UT 84043
  • Email: legal@successfund.com

• (i) Apple and its subsidiaries are considered third-party beneficiaries of these terms for the Apple-Enabled Software. Upon your acceptance of these terms, Apple has the right to enforce them against you. SuccessFund may amend or terminate these terms without Apple’s consent.

15. Suspension or Termination of Accounts

You agree that we may, in response to concerns about fraudulent or illegal activity or a material breach of these Terms, suspend or terminate your account (or any part of it) or your access to the Services, and remove and discard any User Content or data at any time, including any Campaigns you may have organized. To the extent permitted by applicable law, we may take such actions without liability to you or any third party for any claims, damages, costs, or losses resulting from these actions. We may do so with or without providing you notice.

15.1. Account Closures:
We reserve the right, without limitation, to close your account or disable your access to the Services under the following circumstances:

• (i) We cannot confirm that your Campaign complies with these Terms.
• (ii) We are unable to support your account from a technical perspective.
• (iii) Our payment processors cannot support your Account.
• (iv) The LEA requests the removal of the Campaign.
• (v) Your Account becomes dormant or otherwise abandoned.
• (vi) Your Account displays activity that poses a risk to SuccessFund or its community.
• (vii) Action is required to comply with a court order, writ, injunction, or applicable laws and regulations.

If we close your Account or disable your access to the Services for any of these reasons, we may also issue refunds, as appropriate, in accordance with these Terms and the SuccessFund Refund Policy.

16. Disclaimers and Limitations of Liability

16.1. WARRANTY DISCLAIMER
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SUCCESSFUND AND ITS AFFILIATES EXPLICITLY DISCLAIM AND EXCLUDE ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT PREJUDICE TO STATUTORY WARRANTIES UNDER APPLICABLE LAW, AND WITHOUT PREJUDICE TO CONTENT MODERATION REQUIREMENTS WHERE PRESCRIBED BY APPLICABLE LAW, NEITHER SUCCESSFUND NOR ITS AFFILIATES MAKE ANY WARRANTY OR CLAIM THAT:

• (I) THE SERVICES WILL MEET YOUR REQUIREMENTS.
• (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• (III) THE RESULTS FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE.
• (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

ALL THIRD-PARTY INFORMATION AND CONTENT ON THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. SUCCESSFUND AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF THIS INFORMATION. NO CONTENT IS INTENDED TO PROVIDE FINANCIAL, LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE. BEFORE MAKING DECISIONS ABOUT CAMPAIGNS, PAYMENTS, OR ANY RELATED INFORMATION, CONSULT WITH YOUR FINANCIAL, LEGAL, TAX, OR OTHER PROFESSIONAL ADVISOR. YOU ACKNOWLEDGE THAT YOU ACCESS ALL INFORMATION AND CONTENT ON THE SERVICES AT YOUR OWN RISK.

WE DO NOT GUARANTEE THAT ANY CAMPAIGN WILL RECEIVE A SPECIFIC AMOUNT OF PAYMENTS OR ANY PAYMENTS AT ALL. WE DO NOT ENDORSE ANY CAMPAIGN, USER, OR CAUSE, AND WE MAKE NO GUARANTEES ABOUT THE ACCURACY OF INFORMATION PROVIDED THROUGH THE SERVICES. AS A SUPPORTER, YOU MUST DETERMINE THE VALUE AND APPROPRIATENESS OF CONTRIBUTING TO ANY USER OR CAMPAIGN.

16.2. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT NEITHER SUCCESSFUND NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY:

• (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
• (II) DAMAGES FOR LOSS OF PROFITS.
• (III) DAMAGES FOR LOSS OF GOODWILL.
• (IV) DAMAGES FOR LOSS OF USE.
• (V) LOSS OR CORRUPTION OF DATA.
• (VI) OTHER INTANGIBLE LOSSES (EVEN IF SUCCESSFUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM:
  • (A) THE USE OR INABILITY TO USE THE SERVICES.
  • (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
  • (C) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES.
  • (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
  • (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
  • (F) ANY OTHER MATTER RELATING TO THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUCCESSFUND’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY, OR OTHERWISE), OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SUCCESSFUND IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS ($100).

YOU AGREE THAT NEITHER SUCCESSFUND NOR ANY OF ITS AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY CONTENT OR MATERIALS OF THIRD PARTIES (INCLUDING USERS) OR ANY USER CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY USER CONTENT), OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUCH USER CONTENT. YOU ACKNOWLEDGE THAT SUCCESSFUND DOES NOT PRE-SCREEN USER CONTENT, BUT SUCCESSFUND AND ITS DESIGNEES HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE, REMOVE, OR ALLOW ANY USER CONTENT AVAILABLE VIA THE SERVICES AT ANY TIME AND FOR ANY REASON, WITH OR WITHOUT NOTICE, AND WITHOUT ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, DAMAGES, COSTS, OR LOSSES RESULTING THEREFROM. WE EXPLICITLY DISCLAIM ANY LIABILITY FOR THE OUTCOME OR SUCCESS OF ANY CAMPAIGN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

17. Indemnification and Release

17.1. User Obligations to Indemnify SuccessFund
To the fullest extent permitted by law, you agree to release, indemnify, and hold harmless SuccessFund, its Affiliates, and their officers, employees, directors, and agents (“SuccessFund Parties”) from any and all losses, damages, expenses (including reasonable attorneys' fees), costs, awards, fines, claims, and actions of any kind arising out of or related to:

• (i) Your use of the Services.
• (ii) Any payment or Campaign.
• (iii) Any User Content.
• (iv) Your connection to the Services.
• (v) Your violation of these Terms.
• (vi) Your violation of any rights of another.

In addition, you shall indemnify, defend, and hold harmless the SuccessFund Parties from and against: (a) all damages, costs, and attorney fees finally awarded against the SuccessFund Parties in any proceeding under this section; (b) all out-of-pocket costs (including reasonable attorney fees) reasonably incurred by the SuccessFund Parties in connection with the defense of such proceeding (other than when you have accepted defense of such claim); and (c) if any proceeding arising under this section is settled, any amounts to any third party agreed to by you in settlement of any such claims. You agree that SuccessFund has the right to conduct its own defense of any claims at its discretion and that you will indemnify SuccessFund for the costs of its defense.

17.2. Release of Claims
If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release, and that if known by them would have materially affected their settlement with the debtor or released party."

If you are a resident of another jurisdiction, in or outside the United States, you waive any comparable statute or doctrine to the extent permitted by law.

18. Dispute Resolution & Arbitration

18.1. Dispute Resolution and Arbitration Agreement: PLEASE READ THIS SECTION CAREFULLY BEFORE ACCESSING OUR WEBSITE OR USING THE SERVICES, AS IT IMPACTS YOUR LEGAL RIGHTS AND DETERMINES HOW DISPUTES BETWEEN YOU AND SUCCESSFUND WILL BE HANDLED. This Agreement requires you to resolve disputes with SuccessFund through arbitration and limits the ways you can seek relief. It restricts certain legal rights, including the right to a jury trial, participation in any class, collective, or representative action, and certain remedies. Other rights that would be available in court, such as appellate review, may not be available in arbitration.

(a) Informal Resolution: You and SuccessFund agree to make good-faith efforts to amicably resolve disputes before pursuing any legal action. In the unlikely event of a disagreement concerning any claim or issue arising from or related to the Services, including access to or use of our website (referred to collectively as a "Dispute"), you must first contact us by email at legal@successfund.com. Please provide your name, the email associated with your SuccessFund account (if applicable), a description of the Dispute, and the specific relief sought.

The term "Dispute" will be interpreted broadly, covering any disagreement with SuccessFund or its officers, directors, employees, agents, Aaffiliates, or third parties if SuccessFund may be held liable for such issues. This includes disputes regarding these Terms, your use of the Services, access to or use of our website, and any rights related to privacy or publicity.

You agree to engage in good-faith discussions for 60 days following your first contact to resolve the Dispute informally. During this time, you shall not file or take any legal action, and any applicable statute of limitations will be tolled while both parties engage in good-faith efforts to reach a resolution. If legal counsel represents you, your attorney may participate in the discussions, but your full participation will also be required. An extension of the time period may be mutually agreed upon in writing by both parties, if needed.

If the parties have not resolved the Dispute within 60 days, the parties shall immediately thereafter submit the Dispute to mediation with a mediator mutually chosen by the parties. If the chosen mediator is unable to resolve the Dispute within a reasonable time, as determined by the mediator (and not to exceed thirty (30) calendar days after the parties meet for mediation), the mediator will issue a written statement to the parties to that effect and the complaining party may then pursue binding arbitration and the parties will immediately thereafter submit the Dispute to binding arbitration in accordance with section 18.1(b) below.

Engaging in a good-faith effort to resolve the Dispute informally, including through mediation, is a condition precedent to initiating arbitration or legal action.

(b) Binding Arbitration Agreement & Class Action Waiver: YOU AND SUCCESSFUND AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, OUR WEBSITE, OR OUR SERVICES WILL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION AND NOT THROUGH ANY FORM OF CLASS OR REPRESENTATIVE ACTION. YOU SPECIFICALLY WAIVE YOUR RIGHTS TO SUE IN COURT, TO A JURY TRIAL, AND TO PARTICIPATE IN A CLASS ACTION (“Arbitration Agreement”). The Arbitration Agreement spans sections 18.1(b)-(h).

The arbitrator will have the exclusive authority to determine the scope, applicability, enforceability, and formation of this Arbitration Agreement. Arbitration proceedings will be confidential, and judicial review of arbitration decisions will be limited. Discovery and appeals rights in arbitration may differ from those in court.

Exceptions to arbitration include qualifying small claims, enforcement actions through relevant federal, state, or local agencies, and claims seeking injunctive relief for intellectual property rights infringement.

(c) Arbitration Process, Rules, and Forum: The Federal Arbitration Act governs the terms of this Arbitration Agreement. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified herein. If the AAA's rules cannot be applied, Utah law will govern. The arbitration must take place in Salt Lake County, Utah.

Arbitration demands must be accompanied by certification of completion of informal resolution efforts as outlined above, and a copy of the demand should be sent to SuccessFund's legal email.

(d) Arbitration Fees: The responsibility for AAA-related fees will be determined according to AAA Rules.

(e) Mass Arbitrations: If 25 or more similar arbitration demands are filed, AAA’s Supplementary Rules for Mass Arbitration will apply, allowing for batch processing of claims for efficiency.

(f) Confidentiality: Both parties agree to keep the arbitration and dispute resolution processes confidential, sharing details only with legal or financial representatives or as legally required.

(g) Enforceability: If any part of this Arbitration Agreement is found unenforceable, other provisions will remain in effect.

(h) Time Limitation for Claims: Any claims must be filed within one year of the incident giving rise to the claim.

18.2. Disputes with Other Users: You are solely responsible for resolving disputes with other users, and SuccessFund will not be liable for or involved in any such dispute. We reserve the right to get involved but are not obligated to do so.

18.3. Attorney Fees to Prevailing Party. In any Dispute, arbitration under Section 18.1, lawsuit, or other legal action, the non-prevailing party shall pay the prevailing party’s reasonable attorney fees and costs.

19. Changes to the Terms

19.1. Changes to Terms: SuccessFund may, at its discretion, update or amend these Terms at any time. When feasible, we will aim to provide a 30-day notice for significant changes and, when appropriate, notify Users via email or other suitable methods. However, modifications required by law may occur with little or no advance notice. Updates will be posted on this page, along with the effective date. Continued use of the Services after any updates are implemented indicates acceptance of the revised terms. If you do not agree with the changes, you should stop using the Services.

19.2. English Version Governs: Unless prohibited by applicable law, the English version of these Terms will take precedence over any translated versions provided for convenience. In cases of inconsistency between the English text and a translation, the English text will govern.

20. Miscellaneous

20.1. Entire Agreement: These Terms represent the complete agreement between you and SuccessFund concerning the Services and replace any previous agreements on the same subject. You may be subject to additional terms when using affiliated or third-party services, content, or software.

20.2. Governing Law: For users Utah law will apply, excluding conflict of law principles. For disputes not covered by arbitration, both parties consent to the jurisdiction of state and federal courts located in Salt Lake County, Utah.

20.3. Waiver: If SuccessFund does not enforce any provision or right, it does not waive its ability to do so later.

20.4. Severability: Should any provision be deemed invalid by a court, the remaining provisions will continue to be enforceable, with the original intent of the parties honored as closely as possible.

20.5. Printed Agreement: A printed copy of these Terms and any notices in electronic form are acceptable in legal or administrative proceedings to the same extent as other business documents originally in printed form.

20.6. Assignment: You may not transfer these Terms, including your rights and obligations under these Terms, without prior written consent from SuccessFund. SuccessFund may transfer these Terms, in whole or part, at any time, including in cases of merger, acquisition, or other organizational changes, without notice.

20.7. Section Headings: Section titles are for convenience only and do not affect the legal interpretation of these Terms.

20.8. Notices: Notices may be sent to you via email, postal mail, or displayed on the Platform, as permitted by law.

20.9. Force Majeure: SuccessFund is not liable for delays or non-performance caused by circumstances beyond its control, such as natural disasters, war, terrorism, civil unrest, government actions, health emergencies, strikes, or shortages of essential supplies.

20.10. Export Compliance: Any software or data associated with the Services may be subject to export controls. You agree not to download or use any software if it violates export laws. You confirm that (i) you are not in a country under a U.S. embargo or designated as supporting terrorism; (ii) you are not on a U.S. list of restricted parties; and (iii) you are not in any other prohibited location by law.

21. Questions? Concerns? Suggestions?

For more information about SuccessFund's Services, visit the Help Center, or contact us for inquiries or to report violations.

‍

‍