FundYou Terms of Service
Effective 22.09.2020. Updated 4.12.2020
By using this Site and the Services, in addition to any Additional Policies applicable to any particular features, Content and functionality of the Services (incorporated into the Terms by reference), offered by FundYou Oy, a Finnish limited liability company with the Business ID 2748895-8 (hereafter “FundYou” or “we”, “us”, or “our”), Users agree to be bound by these Terms.
FundYou may amend the Terms at any time in its sole discretion by posting a revised version of the Terms. Unless stated otherwise, access to or continued use of the Services after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If We make any material change to these Terms, We will notify Users by posting a notice on Our Site, through the Services, or by other means We deem appropriate.
The following policies and guidelines are incorporated into the Terms by reference.
1. About FundYou and Reward-based Crowdfunding
FundYou is an online crowdfunding platform and contribution tool that brings Users together and allows Users to seek to raise funds for their own Campaigns and to contribute to the Campaigns of others. In return for funding, Campaign owners need to reward backers by offering Rewards, which need to be delivered after or during the campaign, as defined in the Reward description. The value of the Reward needs to be in relation to the contribution made. FundYou is merely the provider of this platform and is not a party to any agreement between the contributors and the campaign owners concerning the Rewards or otherwise.
2. Campaign Owner Obligations
When you create a Campaign on the Site and ask for Contributions to your project you are a Campaign owner. As a Campaign owner you are entering into separate legal agreements with both FundYou and with Contributors, and the following rules apply (in addition to the all other Terms and Additional Policies).
- Ensure that you offer a Reward that meets the requirements of a sale transaction including proportionality, coherence and timeliness as set out in these Terms and in the applicable laws. The Reward needs to be genuinely an appropriate consideration for the Contribution made by the Contributor. Characteristics of such transactions include a fixed value of the Contribution which corresponds to the market value of the Reward in question. Additionally, the Reward shall need to be delivered to the Contributor within a reasonable timeframe and with the precondition that it is paid for. The Reward is thus not to be available for anyone regardless of having made a Contribution or not. You as the Campaign Owner and the Contributor both need to understand the nature of the transaction as a sale of goods or service (the Reward) and you need to design the Campaign so that the Contributors understand that they are making a purchase of the Reward and not donating money or supporting an activity.
- Comply with Laws. Comply with all applicable laws and regulations in the use of Contributions and offering and delivery of Rewards, including but not limited to, consumer protection laws applicable to Campaign Owners in their online marketing and sale of goods and services, including but not limited to the Rewards.
- Respect Privacy. When creating a Campaign, you receive information about other Users, including personally identifiable information (“PII”), such as names, e-mail addresses, and physical addresses. You receive this information purely for the purpose of fulfilling the Rewards offered by your Campaign and for your other obligations like informing Contributors about your Campaign and reward delivery. The personal data may not be used or disclosed for other purposes, including cross-promotional marketing, without separate, verifiable and actively given consent from the User obtained independently from FundYou. You will maintain, and, if requested, be required to produce records of all such verifiable consent.
- Comply with EEA Data Controller Obligations. As a Campaign Owner, you will independently fulfill all duties required of data controllers under applicable EEA data protection law (such law shall include, but not be limited to, the EU General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”); (iii) the EU e-Privacy Directive (Directive 2002/58/EC), including subsequent variations, such as the Regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (“ePrivacy Regulation”), if enacted).
- Respond to EEA Data Subject Requests. You and FundYou will have an independent obligation to respond to any requests received by either of us from EEA data subjects regarding personal data, including without limitation, those set forth in Chapter III of the GDPR. The party that receives the data request is responsible for responding to the request. The Campaign Owner and FundYou shall reasonably cooperate and assist each other with these requests, to the extent that is legally permissible. Wherever you or users are subject to data regulation that goes beyond the scope of the regulation effective in the European Union and the EEA you have to comply with these requirements.
- Make good faith efforts to fulfill the Rewards associated with a Campaign in the timeframe that is communicated to Contributors. Immediately notify Contributors if there are obstacles or delays.
- Be responsive. Respond promptly and truthfully to all questions posed by Contributors and any questions or requests FundYou makes. If you have received Contributions to your Campaign and you cannot deliver the rewards as promised, you either issue refunds to Contributors or you find a settlement bilaterally, which satisfies the Contributors demands.
- Updates. Provide substantive and quality updates to Contributors at least once a month and at any stage of your campaign.
- Be Truthful and Transparent. Campaign Owners should be ready, willing, and able to substantiate claims your Campaign makes, including but not limited to product features and capabilities, the stage of product development, and timelines for delivery. If you are unable to substantiate claims, FundYou may terminate your account, withhold funds, or other actions to enforce its rights under this Agreement and applicable law.
- Platform Fees. Campaign Owners are charged a Platform Fee as a portion of the Contributions they raise (the “Platform Fees”). The Platform Fees are effective on the date that the Platform Fees are posted and may be updated from time to time. Platform Fees will be charged at the then-current rate.
- Taxes. Tax authorities may classify contributions as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. The Campaign Owner is responsible to comply with its local tax obligations. In case the Campaign Owner is a company, FundYou requests the campaign to provide the VAT registration number so that We may report taxable income to the relevant tax authorities. FundYou will provide Campaign Owners with a tax document if required by the relevant tax authorities. FundYou is unable to provide any User or third party with tax advice and suggests that such Users or third parties consult with tax advisors of their choice. The shipment of Rewards to Contributors may expose Campaign Owners and Contributors to tariffs or other import/export restrictions and regulations.
- Respond to Requests from FundYou for Information about Your Campaign. FundYou does not guarantee for any Campaigns or does not undertake the duty to investigate or moderate any statements made by a Campaign Owner. However, FundYou is not required to and undertakes no obligation to, but may request information from Campaign Owners to investigate possible breaches of this Agreement. The information FundYou may request includes, but is not limited to, information to support Campaign statements, evidence that the Campaign Owner is taking actions to deliver promised products, productions and shipping timelines and information, source documentation to substantiate product claims and Campaign promises, product prototypes, and personal information to confirm the identity of Campaign Owners, vendors, and suppliers. You agree that FundYou may employ third parties to assess the documents and your Campaign. You agree to provide this information to FundYou upon request. Failure to provide any of the requested information within 14 days, or a longer time provided by FundYou in writing, shall be deemed a material breach of this Agreement.
FundYou Reserves the Right to Withhold Funds. Campaign Owners are not guaranteed to receive Contributions made to a Campaign, even after the Campaign has ended and the fundraising goal has been reached. There may be a delay between the end of a Campaign and Our remittance of Contributions to a Campaign Owner for a number of reasons including, but not limited to, refunds, chargeback disputes, fraud, Terms or other policy violations, or any other situation. For example, FundYou may withhold Contributions made to a Campaign if the Campaign Owner violates any Terms (as determined by FundYou in its sole discretion). Additionally, FundYou may withhold funds pending the receipt and evaluation of information requested through paragraph above or during the pendency of any investigation FundYou may undertake into your account. If you do not provide information within the requested time or are not able to substantiate claims made in your Campaign, FundYou may terminate your Campaign and account and avail itself of any remedies available to it under this Agreement or applicable law. FundYou may also withhold funds from Campaign Owners for any other breach of this Agreement. FundYou may also seek reimbursement from a Campaign Owner by any other lawful means, including by using third-party collection services.
Refunds. FundYou offers a limited refund policy. Campaign Owners are responsible for refunding, in case they cannot deliver on their pledge. FundYou only delivers refunds in case the Campaigner has not been able to transfer funds to their Stripe account. In any case, FundYou does not refund the raised platform fee, including the Stripe fee. Please always check the current transfer fees from Stripe. For detailed scenarios check our Refund Policy in FAQ. FundYou has no obligation to provide any refunds or become involved with any dispute between a Campaign Owner and Campaign Contributor. FundYou reserves its right to issue refunds at its own discretion outside of the Refund Policy.
Always remember that as a Campaign Owner, you are responsible for fulfilling the obligations of your Campaign and delivering Rewards. If you are unable to perform on this, or any of your other legal obligations, you may be subject to legal action by Contributors.
3. User Obligations
FundYou grants you a limited, non-exclusive, non-transferable, and revocable license to use Our Services under the Terms and the following restrictions in particular:
- You are responsible for your account. In order to execute most actions, in particular contribute, comment or follow a campaign or to receive email notification you need to register and create an account protected with a password. To use many of the Services, you will need to register and create an account with a username and password. You must provide us with accurate and complete information, including, where applicable, all information needed by FundYou to perform any regulatory or other compliance checks concerning your identity, ultimate beneficial owner and source of funds, and you must update your account information as needed to keep the information accurate and complete. You may not impersonate anyone else, or violate any individual’s rights. You are solely responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. If you suspect or discover any unauthorized use of your account, you should notify FundYou immediately by contacting us at firstname.lastname@example.org We cannot be held responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account with or without your knowledge.
- Terminating your account. You can submit a request to terminate your account by contacting us through email@example.com This will not automatically delete User Content. In order to comply with requirements by law or Our business purpose, we retain the right to keep certain information about your activity on our platform. These Terms, including our rights to User Content, survive the termination of an account.
- You must be 18 years old. You must be 18 years or older to sign up for an account and use Our Services. You are responsible for any and all account activity conducted by a minor on your account.
- Follow the law and Our policies. You may not take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you may have toward any party. You may not offer Rewards that are illegal, violate any of FundYou’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation, including but not limited to, laws and other rules governing consumer protection and the license or permit requirement for money collection from public, lotteries and charitable activities. All Users must abide by Our Code of Conduct. It is your responsibility to continuously monitor the Code of Conduct as these may be updated from time-to-time at FundYou’s sole discretion.
- Be truthful. Do not post information you know is false, misleading, or inaccurate. Do not do anything deceptive or fraudulent.
- Respect the rights of others. You may not threaten, abuse, harass, defame, or engage in behavior that is libelous, tortious, obscene, profane, or invasive of another’s privacy.
- Respect the property of others. Do not distribute software viruses or any other programs designed to interfere with (1) the proper function of any software, hardware, or equipment on the Site or (2) the use of the Site by any other User. Also refrain from distributing spam or malicious links in campaign comments.
- Do not engage in activities that affect the functioning of the Site. You may not bypass any measures that We have put in place to secure Our Site or Services, take actions to gain unauthorized access to any system, data, passwords, or other FundYou or User information or Services, reverse engineer or take apart any aspect of the Services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Site.
- Fees. There are no fees for creating an account on the Site. Campaign Owners are charged a Platform Fee as a portion of the Contributions they raise. In addition, Campaign Owners are charged a transaction fee by the payment processor. Transfer fees, or bank delivery fees, are also applied each time FundYou sends funds to a Campaign Owners’ bank account. The Platform Fees and transfer fees/bank delivery fees are effective on the date that they are posted and will be announced on the “Pricing” page. The Fee may differ for Campaigns that receive an other than basic service level and additional tools.
4. Backing a Campaign
- When you make a Contribution to a Campaign, you understand that the following Terms apply (in addition to all other Terms, including Additional Policies).
- Voluntary Contributions. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor.
FundYou Does Not Guarantee that Campaigns Will Succeed or that Rewards Will Be Delivered. By contributing to a Campaign, Contributors are supporting an idea, project, or cause they care about and want to help make happen. Like anyone getting in on an early-stage project, Contributors accept the risk that the Campaign may experience changes, delays, and unforeseen challenges, or that a Campaign, and its Rewards, might not come to fruition. It is the duty of the Contributor to assess the risk based on the information provided by the campaign. FundYou does not guarantee or represent that Contributions will be used as promised, that Campaign Owners will deliver Rewards, or that the Campaign will achieve its goals. FundYou undertakes no duty to investigate claims made by Contributors or Campaign Owners. FundYou also does not endorse, guarantee, make representations, or provide warranties regarding the quality, safety, morality or legality of any Campaign, Reward or Contribution, or the truth or accuracy of any User Content posted on the Services. The date to delivery of a Reward is an estimate by the Campaign Owner, and there is no guarantee that the Campaign Owner will fulfill and deliver the Rewards by that date. No transfer of title to tangible personal property occurs through FundYou.
Credit Card Charges. When you Contribute to a Campaign, your card will be charged the amount of the Contribution after you confirm and submit your payment information in the checkout. After successful payment you will receive a confirmation email, with all necessary information concerning your Contribution and your reward.
Communications Between Campaign Owners and Contributors. Once you have made a Contribution to a Campaign, the Campaign Owners may need to contact you to obtain additional information such as specific preferences for a reward (for example, color or size of a t-shirt, date and place of an event), or may ask for feedback on the Campaign or the Reward. In some instances, to receive the Reward, you may need to provide requested information within a specific time frame to receive the Reward, not doing so may result in your forfeiting the Reward. However, Campaign Owners should not ask for information that is not required to fulfill a Reward, including personal information such as Social Security numbers or credit card/banking information. Never provide this information to anyone. Please contact us at firstname.lastname@example.org if you receive a request for information that appears to be excessive.
Taxes: As a Contributor you may be able to receive tax credits on your contributions. FundYou platform offers the needed receipts concerning VAT in EEA for company Contributors. FundYou does not provide any consulting services or assistance on how to manage your tax obligations.
We do not endorse any User Content. FundYou provides the platform for creation of Campaigns and interaction of Users. We do not screen any Campaigns or endorse any User Content on Our site. Likewise, FundYou does not undertake any duty to investigate or guarantee the truthfulness of any claims made by Campaign Owners.
We may remove User Content or cancel Campaigns and refund Contributions in Our discretion. FundYou may remove User Content that violates the Terms at its own discretion. It is at FundYou’s sole discretion whether to discuss the reasons for taking action against any User Content or account.
We do not guarantee Rewards or Refunds. Campaign Owners bear sole responsibility for the delivery of the Rewards and for the offering of any refunds outside Our Refund Policy.
We do not provide tax or legal advice to Users. Users bear the responsibility for determining how the applicable laws apply to running a Campaign in their respective jurisdiction, Contributing to a Campaign, or utilizing any of the Services.
We do not become involved in legal disputes between Users. FundYou bears no liability, and has no obligation to investigate, participate, or become involved in any dispute between Users, including between Contributors and Campaign Owners.
You are responsible for your Campaigns and all of its effects, even if you engage our assistance and consulting services. FundYou may offer additional services, including helping with drafting Campaign Content, assisting with the design and the planning of the Campaigns, and referring vendors and other service providers to Campaign Owners. Any such services will be subject to the services package chosen or to a separate agreement between the Campaign Owner and FundYou. Even when we help with your Campaign, Campaign Owners bear sole responsibility for the Campaign and must comply with all obligations in the Terms as the only responsible party for the Campaign.
Our Intellectual Property
FundYou Intellectual Property. FundYou’s Services, Content and Marks, are legally protected in a number of ways, including pursuant to copyright, trademark, and trade secrets applicable in international intellectual-property laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any FundYou Content, Services, or Marks accessed through the Site or the Services.
Limited User Rights. FundYou grants you a limited license (that is temporary, non-exclusive, non-sublicensable, and non-transferrable) to access and use User Content and FundYou Content solely for use of the Services in accordance with these Terms. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any User Content or FundYou Content unless We give you a separate written permission to do so. We reserve the right to revoke this limited license to access and use User Content and FundYou Content at any time and at our sole discretion.
Your Intellectual Property
Your User Content remains your property or the property of your licensors, where applicable. When you submit User Content to the Site or via the Services, you agree to the following terms:
You allow us to use your User Content. You grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your User Content.
We can make changes to or delete your User Content. You grant us the right to make changes, modifications, translations, formatting, or delete your User Content.
You have all legal rights to your User Content. You represent and warrant that: (1) you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to FundYou with respect to your User Content, including licenses for any third party intellectual property rights that you include in your User Content, such as copyrights, trademarks and designs of any company backers you may utilize to boost your campaign; (2) your User Content does not and will not infringe any third party’s intellectual property rights, proprietary rights, confidentiality, rights of publicity, privacy rights or otherwise violate these Terms or applicable law; and (3) FundYou does not need to obtain any rights, consents, licenses, or permissions from, or make any payments to, any third party for any use of your User Content, or have any liability to a User or any other party as a result of Our use or exploitation of your User Content.
Termination of User accounts. FundYou reserves the right to terminate or suspend any user account without further explanation and in our sole discretion. We further cannot be held responsible for any liabilities toward third parties of a terminated account. This also applies to campaign accounts that violate this agreement.
Payment Services. Credit card payment processing services for Campaign Owners on FundYou 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”). As a Campaign Owner, you agree to be bound by the Stripe Services Agreement, as may be modified by Stripe. As a condition to FundYou enabling credit card payment processing services through Stripe, you agree to provide FundYou accurate and complete information about yourself and your business, and you authorize FundYou to share any such information with Stripe, as well as transaction information related to your use of the Stripe payment processing services. In all cases, standard credit card or other third-party processing fees apply in addition to any Platform Fees. We are not responsible for the performance of any third-party credit card processing or third-party payment services.
System Outages and Maintenance. The Site or Services may be unavailable for scheduled maintenance and other reasons, including unplanned outages and other malfunctions. We are not responsible if the Site or Services are unavailable, or if you lose any data, information, or User Content for any reason.
Links To Other Sites. Our Service may contain links to third-party web sites or services that are not owned or controlled by FundYou. FundYou has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that FundYou shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Non-disclosure and Confidentiality. All information published by the campaign in all sections of the platform are per se public information and users cannot claim any compensation for a breach of confidentiality. In cases of additional consulting and services, information exchanged between FundYou and a Campaign can be confidential. In such cases confidentiality is governed by a Non-disclosure agreement to be signed by both parties. If not, any claims for compensation in case of a breach are void.
Indemnity. You agree to defend, indemnify and hold harmless FundYou, Our subsidiaries and affiliated companies, and Our employees, partners, contractors, and third party providers from and against any and all claims, causes of action, obligations, losses, liabilities, costs or debt, damages and expenses (including reasonable attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to, violation of any applicable laws or breach of these Terms. We reserve the right, in Our sole discretion and at Our own expense, to assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us as reasonably required in the defense or settlement of any such matters.
No Warranty. We or the Campaign Owners are constantly updating the offerings of products and services on the Service. The products or services available on our Service may be occasionally mispriced, described inaccurately, or unavailable, and We may experience delays in updating information on the Service and in advertising on other web sites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
FUNDYOU HAS NO FIDUCIARY DUTY TO ANY USER. THE SERVICES, FUNDYOU CONTENT, USER CONTENT, AND ANY OTHER MATERIALS MADE AVAILABLE OR THROUGH THE USE OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FUNDYOU AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. FUNDYOU AND ITS SUPPLIERS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF FUNDYOU OR ITS LICENSORS, SUPPLIERS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD-PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD-PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
Disclaimer of Liability
- Use the Services at your own risk. We make no representations about the safety, morality, quality or legality of any Campaign, Reward or Contribution or the truth or accuracy of User Content posted on the Services. We do not guarantee the fulfillment or the performance of any rewards, or that Contributions will be used as described in the Campaign. We do not control or endorse User Content posted on the Site or in any Services and we do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such User Content. FundYou is not liable for any damages or losses related to your use of the Services. We do not become involved in disputes between Users, or between Users and any third party relating to the use of the Services.
- You release us from all claims. When you use the Services, you release FundYou from claims, damages, and demands of every kind – known and unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or related to the Services. All Content that you access or use through the Services is entirely at your own risk and you solely are responsible for any resulting damage or loss to any party. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND USER CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER FUNDYOU NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), CONSUMER PROTECTION, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FUNDYOU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM OR ITS SERVICES; (F) ANY COMMUNICATIONS OR OTHER INTERACTIONS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES; OR (G) YOUR CAMPAIGNS OR CONTRIBUTIONS.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF FUNDYOU AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, SERVICES, OR USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO FUNDYOU BY YOU HEREUNDER, OR ONE HUNDRED EUROS IF NO SUCH PAYMENTS HAVE BEEN MADE.
You agree to comply with all applicable import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs. For clarity, you are solely responsible for compliance related to the manner in which you use any third-party products funded through the website. You agree to indemnify FundYou for any penalties, fines, attorneys’ fees and other amounts that may be incurred by FundYou that arise out of or are related to your failure to comply with this Section.
1. Compliance with Regulations for Prevention of Money Laundering and Terrorist Financing
All Users of this website and its Services, including but not limited to the Campaign Owners and Contributors, are required to act in accordance with the applicable laws and regulations concerning prevention of money laundering and terrorist financing. Any suspicious activities or attempts discovered by FundYou will be reported to the appropriate authorities.
2. Compliance with the laws of the User’s residence or domicile
You shall independently and at your own initiative verify that your planned campaign or your participation as a contributor to any campaign, or any other use of this website, is permitted and in accordance with the laws and other regulations in your own jurisdiction, country of residence or domicile. FundYou is not able to, nor responsible for investigating whether its websites or Services are in accordance with such foreign laws and regulations. If such laws and regulations forbid or restrict your planned campaign or other use of this website or its Services, you shall refrain from any such usage at your own initiative, and FundYou rejects any liability for such planned illegitimate usage.
3. Governing Law and Settlement of Disputes
These Terms including any Additional Policies, contracts, orders, terms and specifications referred to herein and any transactions entered pursuant to these terms shall be governed by the laws of Finland, without regard to its conflict of law provisions.
Any dispute, controversy or claim arising out of or relating to these Terms including any Additional Policies, contracts, orders, terms and specifications referred to herein, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one. The seat of arbitration shall be Helsinki, Finland. The language of the arbitration shall be English.
Any dispute that cannot be resolved in arbitration pursuant to the above arbitration clause, such as certain consumer claims, shall be mediated between the parties and if unresolved, shall be ultimately resolved by Helsinki District Court.
4. Full Agreement Between You and Us
These Terms, including any Additional Policies and terms and specifications referred to herein, such as special conditions for website User registration, constitute the entire agreement between You and FundYou with respect to the Services offered through FundYou’s websites. They supersede all other communications and proposals (whether oral, written, or electronic) between you and FundYou with respect to the Services and govern our relationship. 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. FundYou’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
We may modify or discontinue the Services at any time, in our sole discretion. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term.