Terms and Conditions

Last modified: May 23, 2024

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  • Access and Use
  • Campaigns
  • Donors
  • Incentives
  • Signing up for a Zeestr account
  • Acceptable Use
  • Fees
  • User Content
  • Intellectual Property
  • Other Websites
  • Security
  • Electronic Communications
  • Other Rights Reserved
  • Indemnification
  • Disclaimers
  • Limitation of Liability
  • Release
  • Jurisdiction and governing law
  • Miscellaneous

SECTION 1 | Access and Use

1.1    Access and Use Overview. By accessing or using the Zeestr website (the ‘Site’) and the online products and services including but not limited to branded portals (the ‘Services’) offered by Zeestr (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors – collectively, Zeestr, ‘we,’ or ‘us’), you are agreeing to these legally binding rules (the ‘Terms’ or ‘Agreement’) and you represent and warrant that you have the right, authority, and capacity to enter into this agreement personally, or if on behalf of the entity entering into this agreement, and to bind such entity to this Agreement. You are also agreeing to our Privacy Policy and agreeing to follow any other rules on the Site. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Site or Services.

  • Age. To be eligible to use the Services and access the Site, you must be at least 18 years of age (or the legal age in your jurisdiction).
  • Organizations/Business Entities. If you are an individual acting as a representative of an organization or business which wishes to use the Sites or Services, then you represent and agree that you have the authority to accept these Terms on behalf of such organization or business.
  • Location. Access to the Site and Services from territories where the Site and/or Services are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations regarding their use of the Site and Services.
  • Additional Terms. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement; to the extent such terms, guidelines, and rules conflict with this Agreement of use, this Agreement shall govern.
  • Changes. We may, in our sole discretion, change these Terms from time to time. When we change these Terms, we will revise the updated date on this page. If we make any material changes to the Terms, we will notify you on the Site or by sending an email to the email address associated with your account (if applicable). We recommend that you check the Site from time to time to inform yourself of any changes to these Terms or any of our other policies. If you keep using the Site after a change to these Terms, that means you accept the Terms.

1.2     Description of Service. Zeestr provides software and services that help nonprofits, individuals and organizations more effectively raise funds for 501(c)3 certified organizations and engage with their constituents through our main software and services funding platform tool (“ZeestrFUNDr”). We merely provide a technology platform to allow Beneficiaries to connect with Donors. The existence of the Site or Services is not a solicitation of donations.

  • “Beneficiary” is a 501(c)3 certified non-profit organization that benefits from a Campaign.
  • “Main Campaign” is a fundraising event created using our Site and Service to raise funds on behalf of a Beneficiary. “Sub-Campaign” or “Fundraising Page” is when individuals or teams become a campaign ambassador and help to further support the Beneficiary’s cause by creating peer to peer sub-campaigns on behalf of the Beneficiary to raise donation dollars for a respective Campaign. Collectively Campaign and Sub-Campaign are referred to in these Terms as “Campaign.”
  • “Donor” is any individual, entity or organization that donates funds to a Campaign through the Site or the Services.
  • “Donation” is any financial transaction that benefits a Campaign.
  • “Fundraiser” is any individual or organization that uses the Site and/or Service to create a Campaign. To create a Campaign, Fundraisers must follow the instructions posted on the Site and provide content related to the Campaign. Each Campaign is subject to the review and approval of the Beneficiary To which donations from the Campaign will be directed. Zeestr does not oversee or guarantee the success of any Campaign.

SECTION 2 | Campaigns

2.1     Campaign + Sub-Campaign Creation. Donations and Use of Donations. When a Fundraiser creates a Campaign on ZeestrFUNDr the Fundraiser is inviting people to join them in supporting a specific Beneficiary. The Beneficiary is responsible for appropriately using the Donations that are raised via the Campaign; Zeestr has no role in and in no way guarantees or enforces the ways that Donations will be used. In other words, the Fundraiser, the Beneficiary, and the Donor are entering into an agreement about the Donations that are raised. Zeestr is not a part of this agreement. The Beneficiary is responsible for ensuring that all Donations are disbursed properly and legally.

2.2    Receipt and transfer of Donations; Taxes. The Beneficiary directly receives all Donations. Receipt and transfer of Donations is facilitated by a third party payment processor. The Beneficiary is responsible for any taxes based on their net income or gross receipts (if any).

2.3    Campaign Content. “Campaign Content” is any and all information and content that a Fundraiser (or Fundraiser’s authorized personnel) submits to, or uses with, the Site or Services for creating Campaigns. Fundraisers hereby grant to Zeestr and Donors a non-exclusive license to access the Campaign Content through the Site and Services and to use and make reasonable copies of the Campaign Content for commercial and non-commercial purposes, including for the promotion of the Campaign or the Service on other platforms and in other venues.

2.4    Additional Terms for Fundraisers. Each Fundraiser is subject to the following additional terms of these Terms that apply specifically to Fundraisers:

  • Any Fundraiser may create and submit a Campaign for review and approval by one of Zeestr’s Beneficiary partners. To do so, a Fundraiser must follow the procedures and rules posted on the Zeestr Site and their Campaign must be consistent with the guidelines posted by the Beneficiary for which their Campaign seeks to raise funds. Once approved, a Campaign webpage may display the Fundraiser’s personal information like first and last name. Use of personal information is more fully described in our Privacy Policy (see Section 5.5 of these Terms). You may request that any such Campaign webpage be taken down and removed by submitting a request to support@zeestr.com.
  • Fundraisers agree and acknowledge that other individuals or third parties may support their Campaign (e.g., as Donors or Ambassadors), and that Fundraisers will not be able to remove these individuals or third parties from being displayed on the Campaign webpage.
  • Fundraisers must comply with all terms and conditions set forth in this Agreement, including but not limited to the Acceptable Use Policy outlined in Section 6, as well as any additional guidelines, terms, or rules that may be posted on the Site or Service in connection with specific features or functionalities.
  • Beneficiaries may choose to allow Fundraisers to create Campaigns automatically without prior review and approval. If a Beneficiary opts for this, they take full responsibility for the content of the Campaigns and any resulting liabilities. Zeestr has no liability for any content posted in any Campaigns, whether or not the Beneficiary has reviewed and approved the content, or opted for automatically approved Campaigns.

2.5    Request for Information. Upon request by Zeestr, Fundraisers must provide Zeestr with information and/or documentation that proves the Fundraiser has authority or has been granted authority to raise funds on behalf of the Beneficiary, and clearly shows how the Donations will be transferred to the Beneficiary.

2.6    Zeestr. Zeestr reserves the right in its sole discretion to restrict individuals from creating Campaigns and to remove Campaigns from the Site or Services at any time.

SECTION 3 | Donors

3.1    Overview. Each Donor is subject to the following additional terms of these Terms that apply specifically to Donors.

3.2    Tax Deductions. Zeestr makes no representation as to whether all or any portion of your Donations, including, if any, processing fees, are tax deductible. Zeestr will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any Zeestr user, or any non-profit or Beneficiary. You should consult your tax advisor as to the amount of your Donation that is tax deductible, particularly if you receive any sort of incentive or other reward or prize in connection with your Donation.

3.3    Donor’s Commitments. By donating money through the Site, you represent and warrant that any Donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected.

3.4    Payment Processing. For most Donations processed through the Site or Services, Zeestr utilizes Stripe for payment processing (and on occasion another payment processor). When one of these payment processors processes a Donation, the funds donated are deposited directly in the Beneficiary’s bank account. When making a Donation via the Site or Services, you agree to any terms, conditions, or privacy policies of the third party payment processor being utilized and of the Beneficiary of your Donation. If you have any questions about such terms, conditions, or privacy policies, please contact the third party payment processor or non-profit beneficiary directly.

3.5    Chargebacks and Refunds. Donors must request any and all refunds directly from the Beneficiary. In the event that a Donation is canceled, reversed, charged back, or refunded to any Donor after the transfer of such Donation to a Beneficiary, the Beneficiary shall be responsible in processing the amount canceled, reversed, charged back, or refunded. Zeestr Client is not responsible for payment processing, refunds, payment reconciliations, or Donor gift receipts.

3.6    Gift Receipts. Beneficiaries are responsible for timely providing Donors with tax-exempt receipts verifying that such Donors qualifying tax-exempt Donation is tax-deductible, as well as giving receipts in general.

3.7    Display of Donation Information. Zeestr may display the information about you and your Donation on the Site and may use this information to calculate aggregated statistics and populate infographics (e.g., leaderboards, graphs, and other visualizations) that are publicly displayed on the Site. Should you desire to keep your information confidential, you can choose to make your Donation anonymously via the option on the Site.

3.8    Assumption of Risk. As a Donor, you are solely responsible for asking questions and investigating Campaigns to the extent you feel is necessary before you make a Donation. All Donations are made voluntarily and at your sole discretion and risk. Zeestr doesn’t guarantee that Donations will be used as promised, or that the Campaign will achieve its goals. Zeestr does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Donation, or the truth or accuracy of content posted on the Site and/or Service. You are solely responsible for determining how to treat your Donation for tax purposes.

SECTION 4 | Incentives

4.1    Overview. From time to time, Zeestr, Beneficiaries, or a corporate sponsor may offer certain incentives, rewards or other prizes (“Incentives”) in connection with a Campaign. All Incentives are subject to any additional terms published on the Site, as such may be amended or changed from time to time (the “Rules”).

4.2    Assumption of Risk. In the event you are able to select an Incentive based on your Donation or other activity on the Site, you are responsible for ensuring that the contact information that you provide is accurate and correct. In addition, you agree that the party offering the Incentive will be solely responsible for providing your Incentive and you release Zeestr from any claim related to any failure by another party to provide the Incentive as promised. For clarity, you agree that Zeestr will not be responsible or liable for any failure to provide an Incentive or for any delay in providing an Incentive.

4.3    Age Restrictions. Certain Incentives may be age restricted to persons over 21 years or 18 years of age. You agree that you will not be eligible to receive any age restricted Incentive unless you are above the applicable age limit (as stated on the Site in connection with the Campaign). You further agree that if you ignore the stated age restrictions and are awarded an age restricted Incentive for which you do not qualify, you will immediately forfeit all claims to such Incentive. If the Incentive consists of attendance at an event or location (an “Event”), you agree to be fully responsible and liable for all of your acts and omissions during the Event. As such you agree to indemnify, defend and hold harmless Zeestr, its parent, subsidiaries, affiliates, and their officers, directors, employees, and agents (the “Released Parties”) from and against from any demand, claim, loss, suit, judgment, or proceeding (“Claim”) made by any third party due to or arising out of your alleged negligence, misconduct, and/or violation of any applicable law while in attendance of any Event.

SECTION 5 | Signing up for a Zeestr account

5.1    Overview. You can browse, make donations, and carry out certain other activities on the Site or Service without registering for an account. But to use certain features of the Service, you will need to create an account. To do so, you must follow the steps on the Site and the information you give us has to be accurate and complete: you may create an account by providing your name and email address and setting a password or by connecting to your existing Facebook account. You are responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone used your account without your permission, you should immediately report it to support@zeestr.com. Zeestr may cancel your account at any time.

Please note that creating an account does not guarantee your access to the Site’s features that allow users to create or launch a Campaign or Sub-Campaign. You must pass through a validation process before you are allowed to create or launch a Campaign or Sub-Campaign. In our sole discretion, we may deny, suspend or terminate your access at any time.

5.2    Age. To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.

5.3    User Name. You agree that you will not use a name: (a) of another person with the intent to impersonate that person; (b) subject to the rights of any person without authorization; (c) in violation of the intellectual property rights of any person; or (d) that Zeestr, in its sole discretion, deems inappropriate or offensive. You hereby expressly permit Zeestr to identify you by your user name. You acknowledge and agree that you shall have no ownership or other property interest in your account and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of Zeestr. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify Zeestr immediately of any unauthorized use of your password or account or any other breach of security. Zeestr assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. Zeestr has the right to reclaim any usernames for any reason.

5.4    Accurate Information. You agree to: (a) provide accurate information as prompted on the Site or through the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Zeestr has reasonable grounds to suspect that such information is inaccurate, Zeestr may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or the Services and future access to the Site and/or the Services.

5.5    Privacy. In addition to reviewing these Terms, you should also read our Privacy Policy to better comprehend how we collect and use your personal information. Your use of the Site and Services constitutes your agreement to our Privacy Policy.

5.6    Suspension or Termination of Your Use of the Site. These Terms remain in full force and effect until terminated in accordance with this section. Notwithstanding the foregoing, if you used the Site or Services prior to the date you accepted these Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Site or Services (whichever is earlier) and will remain in full force and effect while you use the Site or Services, unless earlier terminated in accordance with the Terms. Zeestr has the right to suspend or terminate any services provided to you at any time with or without reason. You agree that all terminations for cause shall be made in Zeestr’s sole discretion and that Zeestr shall not be liable to you or any third party for any termination of your account. Termination of any service includes removal of access to such service and barring further use of the service, provided that any donations made prior to the effective date of termination will continue to be processed. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

5.7    Deleting Your Account. You can delete your account at any time by sending an email to support@zeestr.com and asking that we delete it for you. Deleting your account will not automatically make some content you’ve posted, or information related to Donations you have made or actions you have taken on the Site, go away. We may retain certain information about you as required by law or as necessary for our legitimate business purposes. All provisions of these Terms survive the deletion of an account, including our rights regarding content you’ve posted, or information related to Donations you have made or actions you have taken on the Site. (For instance, if you’ve launched a Campaign or created a Sub Campaign, deleting your account will not automatically remove the Campaign or Sub Campaign from the Site; if you’ve made a Donation, deleting your account will not remove your Donation and associated information about you and your Donation from the Site.) You can contact us at support@zeestr.com for additional information or to request the removal or deletion of certain content and information (this is not available in all circumstances).

5.8    Advocacy While Logged In. Advocating for a Campaign as an ambassador (e.g., sharing personalized links, creating a Sub-Campaign) will result in the public display of your name and profile image on a Campaign page. This information will also be provided to the Beneficiary of the Campaign.