Terms of Use
Effective Date and Last Updated: Aug 31, 2024
Please review these Terms carefully before using the Service. The Terms govern each user' ( "you", or "your") use of and/or access to the Service.
1. Introduction.
Welcome to PennyFundMe, a seamless and user-friendly fiat-to-crypto crowdfunding platform. PennyFundMe does not directly handle or convert fiat to cryptocurrencies; instead, we rely on third-party providers to facilitate these transactions. PennyFundMe acts solely as an intermediary, providing technical infrastructure for fundraisers and donors to access fiat-to-crypto conversion services.
These Terms of Use ("Terms") govern your access to and use of the PennyFundMe website, services, and applications (collectively, the "Platform"). By accessing or using the Platform, you agree to comply with and be bound by these Terms.
If you do not agree to these Terms, you should not use the Platform. PennyFundMe reserves the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Platform after any changes to the Terms will constitute your acceptance of those changes.
2. Acceptance of Terms.
By using PennyFundMe, you agree to these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms, you must discontinue your use of the Platform immediately.
3. Eligibility.
To use PennyFundMe, you must be at least 18 years old and capable of entering into a legally binding contract. By using the Platform, you represent and warrant that you meet these requirements.
PennyFundMe may not be available in all countries or regions. It is your responsibility to ensure that your use of the Platform complies with applicable laws and regulations in your jurisdiction.
4. User Accounts.
To create a campaign or make a donation on PennyFundMe, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account. You agree to immediately notify PennyFundMe of any unauthorized use of your account or any other breach of security.
PennyFundMe reserves the right to suspend or terminate accounts that are suspected of being involved in fraudulent activities or violate these Terms. You agree not to use the Platform for any illegal or unauthorized purpose.
5. Platform Usage.
PennyFundMe allows users to create and manage fundraising campaigns. All campaigns must comply with applicable laws, regulations, and PennyFundMe’s policies. You agree not to create campaigns for illegal, fraudulent, or unethical activities.
You are responsible for all content you post on PennyFundMe, including text, images, videos, and other materials. You must ensure that your content is accurate, not misleading, and does not infringe on the rights of others.
PennyFundMe prohibits the posting of content related to illegal activities, hate speech, violence, or any other content that violates the platform’s community guidelines. PennyFundMe reserves the right to remove any content that violates these guidelines or that it deems inappropriate.
6. Fiat-to-Crypto Donations.
PennyFundMe enables donors to make contributions in fiat currency, which are then converted to cryptocurrency. This conversion is facilitated by a third-party payment gateway. PennyFundMe does not hold or manage any fiat or crypto funds; all transactions are processed directly to the recipient's crypto wallet.
6.2. Fluctuation in Cryptocurrency Value.
Due to the volatile nature of cryptocurrencies, the value of funds may fluctuate between the time of donation and the time of withdrawal. PennyFundMe is not responsible for any loss in value due to market changes.
All transactions may be subject to fees from the third-party payment gateway. These fees will be disclosed to you before completing the transaction.
7. Funds Disbursement.
Funds are disbursed directly to the recipient’s crypto wallet once a donation is completed. PennyFundMe has no custody or control over the funds at any point.
Since funds are deposited directly into the recipient's wallet, there is no additional withdrawal process required. It is the recipient's responsibility to manage their wallet securely.
7.3. Fundraiser Responsibilities.
As a fundraiser, you are responsible for ensuring that your wallet information is accurate and up-to-date. PennyFundMe is not liable for any errors or delays caused by incorrect wallet information.
8. Fees.
PennyFundMe may charge a transaction fee for the services provided. These fees will be clearly communicated to users before any transaction is completed.
In addition to PennyFundMe fees, transactions may also be subject to fees from the third-party payment gateway. These fees are not controlled by PennyFundMe and will be disclosed at the point of transaction.
9. Refunds and Chargebacks.
Due to the nature of cryptocurrency transactions, refunds are generally not possible once a donation has been converted and transferred to the recipient's wallet. Donors are encouraged to carefully consider their donations before completing a transaction.
PennyFundMe is not responsible for chargebacks initiated by donors. If a chargeback occurs, the third-party payment gateway will handle the dispute according to their policies.
10. Prohibited Activities.
You agree not to use PennyFundMe for any illegal activities, including money laundering, funding terrorism, or any other activity that violates local, national, or international laws.
PennyFundMe reserves the right to suspend or terminate accounts involved in prohibited activities. Such accounts may also be reported to the appropriate authorities.
11. Intellectual Property.
You retain ownership of the content you post on PennyFundMe. However, by posting content, you grant PennyFundMe a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your content for the purpose of operating and promoting the Platform.
11.2. PennyFundMe's Intellectual Property.
All trademarks, logos, and service marks displayed on the Platform are the property of PennyFundMe or its licensors. You may not use any of these marks without the prior written permission of PennyFundMe.
12. Privacy Policy.
Your use of PennyFundMe is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Platform, you consent to the practices described in the Privacy Policy.
13. Dispute Resolution.
Any disputes arising from or relating to these Terms or the use of PennyFundMe will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
These Terms are governed by and construed in accordance with the laws of the jurisdiction in which PennyFundMe is incorporated, without regard to its conflict of law principles.
14. Modifications to the Terms.
PennyFundMe reserves the right to modify these Terms at any time. We will notify users of any significant changes by posting the revised Terms on the Platform. Your continued use of the Platform after any changes to the Terms will constitute your acceptance of those changes.
15. Termination.
You may terminate your account at any time by contacting PennyFundMe support. Upon termination, your account will be deactivated, and you will no longer have access to the Platform.
15.2. Termination by PennyFundMe.
PennyFundMe may terminate your account at any time for any reason, including but not limited to, violation of these Terms. Upon termination, any active campaigns may be closed, and access to your account will be revoked.
16. Liability and Disclaimers.
16.1. Limitation of Liability.
PennyFundMe is not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Platform. This includes but is not limited to, any loss of funds, loss of data, or loss of goodwill.
PennyFundMe shall not be held liable for any issues arising from transactions between users and third-party service providers (e.g., Fiat Gateways). Any claims, disputes, or issues related to these transactions should be directed to the respective service provider.
PennyFundMe does not take custody of user funds at any stage during the transaction process. All transactions are facilitated through third-party providers, and users are responsible for ensuring the accuracy of transaction details.
16.3. Disclaimer of Warranties.
The Platform is provided on an "as is" and "as available" basis without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. PennyFundMe does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
PennyFundMe makes no warranties regarding the services provided by third-party providers, including but not limited to their availability, reliability, and the accuracy of conversion rates. Users accept that these services are provided "as is" and that they bear all risks associated with their use.
17. Indemnification.
You agree to indemnify, defend, and hold harmless PennyFundMe, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Platform, your violation of these Terms, or your violation of any third-party rights, including without limitation, any intellectual property or privacy rights.
18. Third-Party Services.
18.1. Integration with Third-Party Services.
PennyFundMe may integrate with third-party services such as payment processors or identity verification services. Your use of these third-party services is governed by their respective terms of use, and PennyFundMe is not responsible for any issues arising from your use of these services.
18.2. Links to Third-Party Sites.
The Platform may contain links to third-party websites or services that are not owned or controlled by PennyFundMe. PennyFundMe has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that PennyFundMe shall not be liable for any damage or loss caused by or in connection with your use of any third-party websites or services.
18.3. Data Privacy and Third-Party Policies.
PennyFundMe processes a limited amount of user data necessary to provide its services, as detailed in our Privacy Policy. Any additional data processed during transactions with third-party providers is governed by their respective privacy policies, which users must agree to before completing such transactions.
19. Governing Law and Jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where PennyFundMe is incorporated, without regard to its conflict of law provisions. Any legal action or proceeding related to these Terms shall be brought exclusively in the courts located in that jurisdiction.
20. Miscellaneous.
These Terms, together with the Privacy Policy and any other legal notices published by PennyFundMe, constitute the entire agreement between you and PennyFundMe regarding the use of the Platform and supersede any prior agreements between you and PennyFundMe relating to the subject matter herein.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect.
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by PennyFundMe to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without PennyFundMe’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. PennyFundMe may assign or transfer these Terms at its sole discretion without restriction.
21. Contact Information.
If you have any questions about these Terms, please contact PennyFundMe at info@pennyfundme.com