Villkor

Terms of Use

Funder Sweden AB

Terms of Use

Effective April 13, 2017

These Terms of Use (The "Terms of Use") govern use of the websites and services (the "Services") of Funder Sweden AB (together with its affiliates, "Funder"), in addition to any supplemental terms applicable to any particular features, content and functionality of the Services, which such supplemental terms are incorporated by reference into the Terms of Use. By using the Services, Users agree to be bound by these Terms of Use, all applicable laws and all conditions or policies referenced here (collectively, the "Terms"). Funder may amend the Terms at any time by posting a revised version of the Terms on our Services. Access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

Definitions

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."

Funder is a Venue

Funder is an online crowdfunding venue 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, "Rewards") to Contributors. Funder 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. Funder does not represent that Campaign Owners will deliver Rewards 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 Funder Sweden AB is not a broker-dealer or a member of the Financial Industry Regulatory Authority.

Eligibility to Use the Services

Users under 18 years of age are not eligible to use the Services without consent. 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. Funder 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.

Prohibited Campaigns

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 Rewards 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 Funder, 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.

Prohibited Rewards

Campaign Owners are not permitted to offer or provide any of the following as a Perk:
  • 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 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; 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.

Community Guidelines

Funder 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, 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 Funder 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 Funder's sole discretion, an unreasonable load on Funder's infrastructure;
  • represent products created by others as your own creation, or act as a reseller of others' products; Funder reserves the right to remove Campaigns and terminate User Accounts for such activities.

Prohibited Visual Elements in Campaign Images

Campaign Owners are not permitted to do any of the following with Campaign images:
  • incorporate Funder 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 Funder, including but not limited to banners, progress bars or funding stats;
  • include any visual element that communicates endorsement by Funder.

Disputes between Campaign Owners, Third Parties and Contributors

Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Rewards). Funder 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 Rewards), 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.

Funder is under no obligation to become involved in disputes between Campaign Owners and Contributors, or Users and any third party. In addition, Funder 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.

User Accounts

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 Funder 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 Funder may reasonably request and to answer truthfully and completely any questions Funder might ask you in order to verify such User's identity.

License to Users and Use of Funder Trademarks

Funder 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 Funder platform, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, and software, is the property of Funder or other Campaign Owners and is protected by United States and international intellectual property laws.

The trademarks FUNDER®, ZOHERO®, CHARITYSTORM® and FÖRENINGSINSAMLING® are federally registered trademarks owned by Funder Sweden AB. Users are strictly prohibited from registering domain names, social media accounts, user names, handles, trademarks, copyrights, apps, trade names, or corporate names that incorporate any of Funder’s trademarks or are confusingly similar to any of Funder’s trademarks.

Campaign Owners

Campaign Owners are permitted to offer Rewards to Contributors. Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Rewards). This commitment includes shipping Rewards to Funder Contributors before fulfilling any orders received after the Campaign has ended.

Campaign Owners will respond promptly and truthfully to all questions posed to them by Funder or any Contributor. Campaign Owners will provide timely, frequent and substantive updates to their Contributors. If any Campaign Owner is unable to fulfill any of its commitments to Contributors (including delivering any Rewards), the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions.

Only the Campaign Owner shall be permitted to collect Campaign funds. Funder will not be required to disburse Campaign funds to any third parties.

Campaign Owners will comply with all applicable laws and regulations in the use of Contributions and delivery of Rewards. Campaign Owners are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with Rewards. Campaign Owners may not use a false email address to self-fund, or contribute to, their own Campaigns; this is a violation of Stripe policies and of our Terms of Use.

Funder 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 Funder’s review of the fulfillment status of prior crowdfunding obligations. Funder reserves the right to prohibit or remove a Campaign if the Campaign Owner is delayed by three months or more in fulfilling a prior crowdfunding project on Funder or another platform.

You acknowledge that as a Campaign Owner, if you do not act in accordance with Funder’s Terms, Funder may obtain reimbursement of any amounts owed by a Campaign Owner to Funder 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.

Contributors

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. Funder does not guarantee that Contributions will be used as promised, that Campaign Owners will deliver Rewards, or that the Campaign will achieve its goals. Funder 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 Rewards for tax purposes. If a Contribution is returned to a Contributor, the associated Rewards, if any, shall be canceled.

Service Fees

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 http://zohero.com/help/pricinig. 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.

Refunds

Contributors may request a refund from Funder within 5 days of the contribution. To process your refund send en email to [email protected]

Contributions are eligible for a refund by Funder unless (a) the contribution funds have already been transferred to the Campaign Owner, or (b) Funder determines that there has been an abuse of these Terms of Use. Funder reserves the right to terminate User Accounts and remove Campaigns for any abuse of this refund policy. For Campaigns where the contribution funds have been transferred to the Campaign Owner, Contributors should contact the Campaign Owner directly regarding refunds.

Taxes

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. Funder 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. Funder will provide Campaign Owners with a tax document if required by the relevant taxing authorities.

User Content

While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). Users grant Funder a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and Funder, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.

Third-Party Websites, Advertisers or Services

The Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by Funder. Access to or use of third-party sites or services are at each User's own risk. Except as otherwise expressly provided herein, Funder is not responsible for any loss or damage of any sort relating to User dealings with these third-party sites or services. We encourage Users to be aware of when they leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that they visit.

Payment Services

Credit card payment processing services for Campaign Owners on Funder are provided by Stripe, Inc. ("Stripe") and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By continuing to operate as a Campaign Owner on Funder, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to Funder enabling credit card payment processing services through Stripe, you agree to provide Funder accurate and complete information about you and your business, and you authorize Funder to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.

Chargebacks

If a chargeback is filed for a contribution to a Campaign on Funder, the cardholder's financial institution will contact the payment processor for the transaction. The payment processor will then notify Funder of the chargeback. Funder may hold the contribution funds associated with the disputed charge until the financial institution concludes its review of the transaction.

Once the financial institution concludes its review of the disputed charge and notifies Funder through the payment processor, Funder will comply with the decision and will either refund the disputed charge from the Campaign funds or disburse the disputed funds to the Campaign Owner.

If the disputed transaction has already been disbursed to the Campaign Owner, Funder will hold funds from the Campaign’s disbursement(s) to cover the cost of the chargeback. Once notified of the financial institution’s decision, Funder will take appropriate the action as specified above.

Recovering Funds

By using our Services, you acknowledge that Funder reserves the right to attempt to recover or hold funds from your Campaign, or the connected Stripe or bank account associated with your Campaign, for reasons including but not limited to: refunds, lost chargebacks, a Campaign Owner does not act in accordance with Funder’s Terms, or other situations resulting in negative balances.

Indemnity

Each User agrees to defend, indemnify and hold harmless Funder, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. Funder may assume the exclusive defense and control of any matter for which Users have agreed to indemnify Funder and each User agrees to assist and cooperate with Funder in the defense or settlement of any such matters.

No Warranty

Funder has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER'S OWN RISK.

Limitation of Liability

FUNDER (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO FUNDER FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FUNDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

For jurisdictions that do not allow Funder to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then Funder's liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, Funder does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.

Assignment

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by Funder without restriction or consent.

Termination; Survival

Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but Funder may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

Users agree that: (a) the Services shall be deemed solely based in Sweden (the principal place of business and corporate headquarters of Funder); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Funder, either specific or general, in jurisdictions other than Sweden. This Agreement shall be governed by the laws of the Sweden, without respect to its conflict of laws principles.

Arbitration

Funder and User agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court, except that a User at its election may assert claims in small claims court, if the User’s claims otherwise qualify for adjudication in that court. Funder and User manifest their assent to arbitrate by providing and using the Services. Arbitrable claims are those that Funder asserts against User, and that User asserts against Funder, any related or affiliated entity, and the officers, directors, agents or employees of any of them.

Disclaimers

Campaign Owners and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. Funder merely provides a technology platform to allow Campaign Owners to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.

Funder makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a charitable cause or to a Campaign whose purported recipient is a recognized as tax -advantaged organization. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed—a charitable or tax-advantaged organization.

English Language

In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

Cooperation with Authorities and Police Enforcement

We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.

Notification Procedures

Users agree Funder may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.

Unsolicited Idea Submissions

We are always pleased to hear from our Users, and welcome their comments or suggestions. However, products, services, and features developed by Funder or its Users might be similar or even identical to a submission received by Funder or its Users. When we refer to a "submission" in this paragraph, we mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services and suggested changes) made either on the Funder platform or to Funder about an existing product or service on, or a feature of, or a proposed addition to, the Funder platform.

With regard to User submissions: (1) all such submissions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary; (2) Funder and its Users will have no express or implied obligation or liability of any kind concerning the submissions, including, for example, any use or disclosure of the submissions; and, (3) Funder and its Users are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, all without compensation to the User that submitted the submission.

Entire Agreement/Severability

These Terms are the entire agreement between each User and Funder regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Funder's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Changes to Terms

Funder may alter the Terms at any time, so please review them frequently. If a material change is made, Funder may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A "material change" will be determined at Funder's sole discretion, in good faith, and using common sense and reasonable judgment.

Contact

Funder Sweden AB
Postal box 11
Norrsken House
Birger Jarlsgatan 57C
113 56 Stockholm
SWEDEN
[email protected]