Terms and Conditions

This Agreement sets forth the legally binding terms and conditions for your use of the website and online services operated by Pledgix LLC. By accessing the site, donating, or creating a campaign, you signify that you have read, understood, and agree to be bound by these exhaustive terms.

1. Introduction and Platform Role

Welcome to Pledgix. We provide an online platform ("Service") that empowers nonprofit organizations, charities, and individuals ("Campaigners") to raise funds from the public ("Donors").

Pledgix is a Technology Platform, Not a Broker: Pledgix acts exclusively as a technology provider. We are not a broker, financial institution, creditor, or charity. We do not solicit donations on behalf of any organization. All transactions and legal agreements formed by pledging funds are directly between the Donor and the Campaigner.

No Guarantee of Results: Pledgix does not guarantee that a Campaign will obtain a certain amount of donations or any donations at all. We do not personally endorse any Campaign, and we make no representations regarding the legitimacy, safety, or legal compliance of any Campaigner.

2. Campaign Mechanics and Matching Funds

Campaigners may utilize various fundraising models on the Pledgix platform, including "All-or-Nothing" campaigns, flexible campaigns, and matching campaigns.

• Matching Funds: If a Campaign utilizes a multiplier or "Matcher" mechanism (e.g., "every dollar is quadrupled"), the Campaigner is solely responsible for securing legally binding commitments from the Matchers prior to launching the Campaign.
• Matcher Verification: Pledgix does not independently verify the financial capacity of Matchers. Donors acknowledge that the actual matching of funds happens off-platform and Pledgix cannot be held liable if a Matcher defaults on their commitment to the Campaigner.
• All-or-Nothing Rule: If a Campaign is designated as "All-or-Nothing," Donor credit cards may be authorized/held. If the goal is not met by the deadline, authorizations will be voided and no funds will be collected. If the goal is met, payments are captured and processed.

3. Donations, Payment Processing, and Refunds

By pledging to a Campaign, Donors agree to provide accurate payment information. All payments are processed through third-party secure payment processors (such as Stripe or Cardknox).

• No Refunds from Pledgix: Donations made on Pledgix are non-refundable by Pledgix. Once a transaction is processed and funds are remitted to the Campaigner, any request for a refund must be directed entirely to the Campaigner.
• Tax Deductions: Pledgix makes no representation as to whether any donation is tax-deductible. It is the Donor's responsibility to ascertain the tax status of the Campaigner and obtain appropriate receipts directly from the Campaigner.
• Chargebacks and Disputes: Campaigners assume full liability for any chargebacks, disputes, or fraudulent transactions associated with their Campaigns. Pledgix reserves the right to deduct chargeback amounts, plus administrative dispute fees, from any current or future funds held on behalf of the Campaigner.

5. Prohibited Conduct

You agree to use the Service strictly in compliance with all applicable local, state, national, and international laws. You shall not use the platform to:

• Raise funds for illegal activities, terrorism, weapons, narcotics, or any activity prohibited by financial regulators.
• Post content that is defamatory, abusive, harassing, racist, hateful, or promotes violence against any group.
• Upload viruses, malware, or any malicious code designed to disrupt the Service or access user data.
• Misrepresent your identity, your organization, or the purpose of your fundraising campaign.
• Interfere with the proper working of the platform, including using bots, scrapers, or automated systems to extract data.

Pledgix reserves the absolute right to suspend or terminate your account, freeze funds, and report activities to law enforcement if we suspect a violation of these terms.

6. Intellectual Property Rights

Pledgix IP: The platform, its source code, design, logos, and infrastructure are the exclusive property of Pledgix LLC. You may not copy, reverse-engineer, or create derivative works from our platform.

Your Content: By submitting images, videos, text, and logos for a Campaign ("User Content"), you grant Pledgix a worldwide, non-exclusive, royalty-free license to host, display, and distribute this content for the purpose of operating and promoting the platform.

Representations: You represent and warrant that you own or have the necessary licenses and permissions to use all User Content you upload, and that such content does not infringe on the intellectual property rights of any third party.

7. Copyright Infringement (DMCA)

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please notify our Designated Copyright Agent pursuant to the Digital Millennium Copyright Act (DMCA) by providing:

• A physical or electronic signature of the copyright owner.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing and where it is located on Pledgix.
• Your contact information (address, telephone number, email).
• A statement made under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf.

8. California Consumer Privacy Act (CCPA) Compliance

If you are a resident of California, the CCPA grants you specific rights regarding your Personal Information. In the context of data processing for Nonprofits and Campaigners, Pledgix acts as a "Service Provider" under 11 CCR §999.314(c).

Pledgix shall not retain, use, or disclose Personal Information for any commercial purpose other than as reasonably necessary to provide the Service to the Campaigner. If Pledgix receives a data access or deletion request directly from a California Consumer, we will inform the Campaigner and await their written instructions, as required by law.

9. Disclaimer of Warranties

Please read carefully

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLEDGIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

PLEDGIX MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

10. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PLEDGIX, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• The use or the inability to use the Service.
• Unauthorized access to or alteration of your transmissions or data.
• Statements or conduct of any third party or Campaigner on the Service.

IN NO EVENT SHALL PLEDGIX'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FEES PLEDGIX RETAINED FROM YOUR SPECIFIC TRANSACTIONS IN THE PAST SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11. Indemnification

You agree to defend, indemnify, and hold harmless Pledgix and its affiliates, officers, and employees from any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third-party right, including copyright, property, or privacy right; or (iv) any claim that your Campaign or User Content caused damage to a third party.

12. Governing Law, Arbitration, and Class Action Waiver

Governing Law: This Agreement shall be governed by the laws of the State of New York, without respect to its conflict of laws principles.

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach thereof shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in New York City, NY. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: YOU AND PLEDGIX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13. Modifications to the Agreement

Pledgix reserves the right to modify or replace these Terms and Conditions at any time. We will provide notice of significant changes by updating the "Effective Date" at the top of this document or by sending an email notification. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.