TERMS AND CONDITIONS
Please take a moment to review the following policies.
These Terms and Conditions are a legal agreement (this "Agreement") between you ("user," "you" or "your") and YouHelp, Inc. ("YouHelp," "we," "our" or "us"). As a user in this Agreement, "Service" refers to YouHelp's crowdfunding campaigns and related payment processing services which are currently WePay by Chase, PayPal, and Stripe ("Payment Processor"), as well as our website, any software, programs, documentation, tools, hardware, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases), thereto provided to you by YouHelp, directly or indirectly. The Agreement also covers your use of our website and Services, which are designed to enable organizations to accept donations directly through our website.
When you use the Service, you are agreeing to the following terms of this Agreement. Your use of the Website, or any of the services or features accessible therein, constitutes your acceptance of the Terms. If you do not wish to use the Website in accordance with the Terms, then you should immediately discontinue using the Website.
We may update or change the Terms from time to time. For questions about our Terms and Conditions, please email email@example.com.
1.1) The Service is offered as a Fundraising Platform to users of the website, which may include Campaign Organizers, Campaign Team Members, Donors, Visitors, and other registered and unregistered users of the Service (which may also include users who "like" or "follow" or “share” the campaigns or otherwise interact with the Platform or Service).
1.2) Notwithstanding other features, the Service is designed to allow a user (typically a "Campaign Organizer") to post a fundraising campaign ("Campaign") to the Platform to accept monetary donations ("Donations") from people (“Donors”) wishing to contribute funds to the ("Campaigns") to benefit themselves, other person(s), a nonprofit organization or a business enterprise.
1.3) For purposes of this Agreement, the term "Campaign Organizer" shall also be deemed to include any individual(s) designated as the organizer of the campaign who has fiduciary control of the funds raised.
1.4) YouHelp charges a mandatory 5% (or more) tip which maintains YouHelp as a free fundraising space for nonprofits. YouHelp cannot accept a tip greater than 20% of your donation. The tip is used for operational costs to provide the platform.
1.5) There is an option to purchase a subscription to unlock Learn to Market Module videos. This subsciption is optional and recurring until the user initiates cancelation in their account or emails firstname.lastname@example.org.
1.6) Industry-standard payment processing fees do apply to each Donation and are charged by the payment processor. Processing of donations: 2.2% +30 cents
1.7) If the no donations are received within a 30-day period on an active campaign, the Campaign Organizer will be invoiced a $10.00 fee.
1.8) The Service is a Platform - YouHelp is NOT a Broker, Financial Institution, Payment Processor, Creditor, Insurer, or Charitable Institution.
1.9) YouHelp itself is not a professional charitable organization and is not affiliated with any entity that qualifies for 501(c)(3) status. Campaigns must be charities to which you can make tax-deductible charitable contributions: The Service is solely an administrative platform.
1.10) YouHelp facilitates the Donation transaction between Campaign Organizers and Donors but is not a party to any agreement between a Campaign Organizer and a Donor, or between any user and any other entity. YouHelp has no control over the conduct of, or any information provided by, a Campaign Organizer, or any other user, and YouHelp hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
1.11) All information and content provided by YouHelp through the Service are for informational purposes only, and YouHelp does not guarantee the accuracy, completeness, timeliness, or reliability of any such information or content. No content is intended to provide financial, legal, tax, or other professional advice.
1.12) Before making any decisions regarding any Campaigns, Donations, Donors, users, or any products, services, information, or content relating to the Service, you should consult your financial, legal, tax advisers, or other professional advisors as appropriate. You further acknowledge that all information and content accessed by you using the Service is at your own risk.
1.13) YouHelp does not guarantee that a Campaign will generate a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaign Organizer, or individual(s), and we make no guarantee, explicit or implied, that any information provided through the Service by any user(s) is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose.
1.14) By accessing, using, or registering with the Website you represent, warrant, and irrevocably covenant that:
(i) You have the authority to enter into this agreement.
(ii) Your decision to enter into this agreement and your use of the Website will not violate any applicable law, regulation, or ordinance.
(iii) Your decision to enter into this agreement and your use of the Website will not infringe the rights of any third parties.
(iv) You will at all times supply truthful and accurate information to us and you will not misrepresent yourself to the public through your use of the Website.
(v) You will never use the Website or any services we provide to you, in a manner that violates the law or the legal rights of a third party.
(vi) You are at least 13 years of age if you are using the Website and have the consent of a parent or legal guardian if you are under 18 years of age.
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, account profile, campaign profile, donations board, or other interactive services that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
All material appearing on the YouHelp website (“content”) is protected by copyright under U.S. Copyright laws and is the property of YouHelp or the party credited as the provider of the content. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such content, nor may you distribute any part of this content over any network, including a local area network, sell or offer it for sale, or use such content to construct any kind of database. You may not alter or remove any copyright or other notice from copies of the content on YouHelp’s website. Copying or storing any content except as provided above is expressly prohibited without prior written permission of the University or the copyright holder identified in the individual content’s copyright notice. For permission to use the content onYouHelp’s website, please contact email@example.com
3.1) As a Donor, it is incumbent upon you to make the final determination about the value and appropriateness of contributing to any Campaign, or Campaign Organizer.
3.2) All Donations you make are at your own risk. When donating to a Campaign or otherwise through the Service, it is your responsibility – and yours alone - to understand how your money will be used. YouHelp is not responsible for any offers, promises, rewards, or promotions made or offered by Campaigns or Campaign Organizers. We do not and cannot verify the information that Campaign Organizers supply, nor do we guarantee that any Donations will be used in accordance with any fundraising purpose prescribed by a Campaign or Campaign Organizer.
3.3) YouHelp assumes no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Campaign Organizer. Although we do not have any obligation to verify that the use of any funds raised would be in accordance with applicable law and these Terms and Conditions, we do take possible fraudulent activity and the misuse of funds raised very seriously. In response to any complaints received, YouHelp will either investigate the complaint or immediately take a Campaign down, depending upon the severity of the complaint.
3.4) You can learn more about our Fraud Policy at http://www.youhelp.com/how-it-works. If you believe, for any reason, that a Campaign Organizer is not using the funds raised for their stated purpose, please go to https://www.youhelp.com/contact-us and alert us of this potential issue so that we can investigate. If you are a donor, you may also be covered by the YouHelp Guarantee. Policy details are located at https://www.youhelp.com/guarantee.
3.5) Additionally, with respect to all Donations you make or accept through the Service, you agree:
Not to make or accept any donations that you know or suspect to be erroneous, suspicious, or fraudulent;
Not to use the Service in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
Maintain reasonable and standard security measures to protect any information transmitted and received through the Service, including without limitation by adhering to any security procedures and controls required by YouHelp from time to time;
Maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for YouHelp to verify compliance with these Terms and Conditions and make such records available to YouHelp upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
At YouHelp’s request, including without limitation in case of investigations by YouHelp, a payment processing partner, or regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances, and remedy of any uncovered violation or wrongdoing.
3.6) YouHelp reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms and Conditions or harm the interests of our users, business partners, the public, or YouHelp, or that expose you, YouHelp, or others to risks deemed unacceptable to us. We may share any information related to your use of the Service with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Service.
3.7) To contribute to a Campaign, a Donor will be required to provide YouHelp information regarding a credit card or other payment instrument (“Payment Method”) that is linked to the Donor’s account on the Service (a “Billing Account”). All payment information is sent in encryption form and is not saved to the YouHelp site. You, as a Donor, represent and warrant to YouHelp that such information is true and that you are authorized to use the applicable Payment Method.
3.8) YouHelp uses third-party payment processing partners to bill you through your Payment Method and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms set forth by our payment partners (currently, Stripe, WePay, Inc., WePay LLC, PayPal, Inc., and PayPal Giving Fund), in addition to these Terms and Conditions, including WePay’s Terms and Conditions, PayPal’s Terms and Conditions, and PayPal Giving Fund’s Terms and Conditions.
3.9) YouHelp charges a mandatory 5% (or more) tip which maintains YouHelp as a free fundraising space for nonprofits. YouHelp cannot accept a tip greater than 20% of your donation. The tip is used for operational costs to provide the platform.
YouHelp is a free fundraising platform for USA-based registered nonprofits. YouHelp offers an optional 'Learn Nonprofit Marketing Module' available after a User's campaign goes live. Fees are laid out on the pricing page.
AUTO-RENEW SUBSCRIPTION: As part of YouHelp’s commitment to our subscribers, we have an Automatic Renewal subscription program as a quick, convenient way for subscribers to pay their subscription bill without interruption of fundraising campaigns. By agreeing to Terms and Conditions, you authorize YouHelp.com to charge your debit/credit card at the expiration of the term of your subscription for the exact amount, until such time that you cancel your subscription. You may opt-out of the Auto Renew payment service at any time on your My Account page or by emailing firstname.lastname@example.org
TRANSACTION FEES: The fees owed with respect to the rights and licenses granted hereunder shall be no more than 4 percent (%4.000) per unique credit card donation. YouHelp's transaction fees shall be immediately deducted, if possible. These fees do not include Stripe, WePay, or PayPal's processing fees, which will also be deducted immediately at the time of the transaction processing.
TAXES: The fees charged do not include any foreign, federal, state, or local sales, use, or other similar taxes. It is your sole responsibility to determine what, if any, taxes apply to any Donations you may receive through your use of the Service. Likewise, it is solely your responsibility to assess, collect, report, or remit the correct tax, if any, to the appropriate tax authority.
BILLING DATE: Subscription fees are billed in advance and automatically renewed on a weekly, quarterly, monthly, or annual basis, as specified by the subscription option chosen by the user. Subscriptions are billed on the day the subscription starts and will reoccur on the same day of the month until canceled.
WITHDRAWING DONATIONS FROM A CAMPAIGN: You, as a Campaign Organizer, are responsible sooner than 14 days of connecting to the Processor to provide all required information on the Payment Processor’s website and reply to ALL emails from the payment processor, ensuring that the information you provide to the Processor in order to process a Withdrawal, including your bank account information, is accurate and up to date. The Processor may, at any time, for any reason, and in its sole discretion, offer or issue a refund of donation(s) with or without consulting with you, which may comprise the entire amount donated to your campaign. YouHelp is not responsible for any consequences caused by the Processor issuing refunds, including, but not limited to transaction or overdraft fees. You also acknowledge that YouHelp is not liable to compensate you in any way for any loss, and you hereby indemnify and hold harmless YouHelp.
As a Campaign Organizer (or, as applicable, the beneficiary designated by the Campaign), you may withdraw Donations to your Campaign at any time up to the full amount of all Donations credited to your Campaign, less any previously withdrawn amounts ("Withdrawals") and subject to any Holds that we or our payment partners may place on your Campaign account. A Campaign Organizer may withdraw Donations by electronic wire transfer to your bank account or, in certain cases, by receipt of a paper check. Although YouHelp strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and YouHelp does not guarantee that Withdrawals will be available to you within any specific time frame, and YouHelp expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability.
UPGRADE/CADENCE CHARGES: If a subscription is upgraded to a higher subscription, the account’s payment method on file will be immediately billed for the higher subscription, and the existing time from will rollover. We are unable to prorate the amount differences for subscription upgrades.
REFUNDS: Any platform fees incurred on a per-donation basis are not refundable. YouHelp.com is a pay-as-you-go service. Therefore, we do not issue refunds, even if you cancel immediately after your credit card is charged for the new billing period. Quarterly and Annual subscriptions are eligible for a partial refund within the first month. The refund will be in the amount of the subscription rate minus $90 per month for any month or partial months. If the account was eligible for a refund, the account will retain the subscription benefits until the current monthly period has ended. If the account was not eligible for a refund, the account will retain the subscription benefits until the current annual period has ended. No future charges will then be applied to your credit card. weekly or monthly payment cycles are not eligible for prorated refunds. Turn off your auto-renew or email email@example.com and you will not be billed again.
DISCOUNTS: YouHelp’s subscription fees are subject to change at any time, and previous discounts are not eligible to carry over to plan renewal.
PAYMENT CARD INDUSTRY DATA SECURITY STANDARD: As a service provider, YouHelp is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment. YouHelp follows PCI DSS (Payment Card Industry Data Security Standard). The Payment Card Industry Data Security Standard (PCI DSS) is a widely accepted set of policies and procedures intended to optimize the security of credit, debit, and cash card transactions and protect cardholders against misuse of their personal information. YouHelp has invested in an SSL Certificate to keep the Platform and online transactions secure with strong encryption, protecting any sensitive data the Platform may be collecting. They have become a standard for safety when it comes to trust and reputation in online security. We have purchased SSL Certificates from GlobalSign®, one of the most respected names in the industry.
ACCOUNT HOLDS: From time to time, the Processor or YouHelp may notify the Processor to place a hold on a Campaign account (a "Hold"), restricting Withdrawals (defined herein) by a Campaign Organizer. Some of the reasons that we may place a Hold on a Campaign Account include the following: (i) if we have reason to believe (at our sole discretion) that information provided by a Campaign Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available should be provided directly to a person other than the Campaign Organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organizer), (iii) if we have reason to believe that a Campaign or Campaign Organizer has violated these Terms and Conditions, or (iv) if the Processor or YouHelp determines that the Campaign Organizer is colluding with donors to engage in fraudulent activity or (v) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us at firstname.lastname@example.org
We treat all customers equally, so we do not make exceptions to this policy.
5.1) You are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials ("Content") that are uploaded, posted, published or displayed (hereinafter, "Uploads"), transmitted or otherwise used via the Service. You agree to fully cooperate with any request by YouHelp for evidence it deems in its sole discretion is appropriate to verify your compliance with these Terms and Conditions.
5.2) The following are examples of the kind of content and/or use that is illegal or prohibited by YouHelp. This list, however, is not exhaustive and YouHelp reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal, and applicable international agencies, and take appropriate action against anyone who, in YouHelp's sole discretion, violates any of the terms or spirit of these Terms and Conditions (or the principles described in our preamble herein), including, without limitation, removing the offending content, suspending or terminating the account of such violators, prevent payments to any such Campaign, freezing or placing a hold on donated funds when YouHelp reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action including seeking restitution on behalf of itself and/or its users. Without limiting the foregoing, you agree to not use the Service to:
In connection with any of the following activities or items, including by establishing or contributing to any Campaign with the implicit or express purpose relating to any of the following:
For pure advertisement purposes - without the intended purpose of the Platform of fundraising;
Conduct any activity that violates any law or governmental regulation industry requirements, or third-party guidelines or agreements to which you are a party, including from payment card providers and payment processors that you utilize in connection with the Service;
Content or campaigns that are fraudulent, misleading, inaccurate, dishonest, impossible, or imitating any other person or fundraising campaign (whether on the Platform or not);
Illegal drugs, narcotics, steroids, controlled substances, pharmaceuticals, or other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body, legal substances that provide the same effect as an illegal drug or other products that present a risk to consumer safety or any related equipment or paraphernalia; knives, explosives, ammunition, firearms, or other weaponry or accessories;
Annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing, or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
Gambling, gaming, and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions, and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
Campaigns deemed by YouHelp, in its sole discretion, to be in support of, or for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
Activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
Funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
Pornography or other sexual content;
Offensive, graphic, perverse or sensitive content;
Offering monetary rewards, including gift cards;
Transactions for the sale of items before the seller has control or possession of the item;
Collection of payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or any attempt to bypass or otherwise circumvent the designated method of payment as provided by YouHelp;
Credit repair or debt settlement services;
Receive or grant cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Campaign;
Publication or removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm;
Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;
Aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
Counterfeit music, movies, software, or other licensed intellectual property materials without the appropriate authorization from the rights holder;
Products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
Unauthorized sale or resale of a brand name or designer products or services;
Sale of goods or services that are illegally imported or exported;
Processing where there is no bona fide donation accepted; card testing; evasion of card network chargeback monitoring programs;
Collecting or providing funds for any purpose other than as described in a Campaign description; or
Any other activity that YouHelp may deem in its sole discretion to be unacceptable: Transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, Contestable materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in the sole judgment of YouHelp, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose YouHelp or its users to any harm or liability of any type; or
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; or
Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means; or
Raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor.
YouHelp reserves the right to add to, modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof). While we endeavor to provide you with notice of any such modification, suspension, or discontinuance, you agree that, to the extent permitted by law, YouHelp will not be liable to you for any addition to, modification, suspension, or discontinuance of the Service as outlined in these Terms and Conditions.
7.1) You are required to register with YouHelp so that you may access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration page. Campaign Organizers must register using their true identities, including their name, social media accounts, and any image or video purporting to depict the Campaign Organizer and/or the beneficiary of such campaign.
7.3) Certain aspects of our Service may also require you to register with, and agree to the terms of, third-party service providers (e.g., payment processors) to enable you to utilize those services. For example, WePay is one of YouHelp’s payment processing partners. When you use WePay’s services, your right to use such services is strictly confidential for the purpose you provide in the details of your registration. You may not resell, hire, and never, under any circumstances, allow third parties to use the payment services to enable such third parties to be paid for their services. You may not use the payment services for any different purpose than as registered herein with our Platform.
7.4) You, as a Campaign Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize YouHelp, and YouHelp reserves the right to provide information relating to your Campaign to donors and beneficiaries of your Campaign or law enforcement or to assist in any investigation.
7.5) IF YOUHELP OR THE PAYMENT PROCESSOR AT ANY TIME DISCOVERS THAT THE INFORMATION YOU PROVIDED ABOUT YOU OR THE PURPOSE OF YOUR CAMPAIGN IS INCORRECT OR CHANGED WITHOUT INFORMING US, OR IF YOU VIOLATE ANY OF THESE CONDITIONS, THE SERVICES MAY BE SUSPENDED AND/OR TERMINATED WITH IMMEDIATE EFFECT AND FINES MAY BE APPLIED BY THE CREDIT CARD PROCESSOR AND/OR THE AUTHORITIES FOR UNREGISTERED USE OF PAYMENT SERVICES WHICH WILL IN SUCH CASE BE PAYABLE BY YOU.
7.6) YouHelp will assist and support you in your use of the Payment Processor services and we will provide you with first-line assistance to enable you to connect to the Stripe, WePay, or PayPal’s systems, as applicable to your location, so that you may use its services. For this purpose, you understand that you are instructing the Payment Processors to provide YouHelp with access to encrypted data and any related settings in their systems, which are used by the Payment Processor to provide the services and authorize us to manage these on your behalf (i.e., data being sent to your campaign dashboard on YouHelp which displays for you alone the campaign income and the public posting of the contributions on your campaign detail page and social media, and sending thank you emails, etc.)
You are responsible for maintaining the confidentiality of your password and associated account. Accordingly, you are fully responsible for any and all activities that may occur under your password and/or account. You hereby agree to (a) immediately notify YouHelp of any unauthorized use of your password and/or account - or any other breach of security, and (b) ensure that you log out from your account at the end of each session after you have accessed the Service. YouHelp will not be held liable for any loss or damage that may arise from your failure to comply with the security requirements set forth herein.
Your content on the Platform is public, such as content you post publicly on the Platform. However, your street address, email address, and phone number are not public (unless you post them within a campaign description) but you can be contacted through our secure system. The name of your donors is not public if they choose to be anonymous. The amount donated is public and the comment.
If your campaign is not raising funds for any 15 consecutive day period it may be removed from the home page, donate pages, category pages, and the slider. Your campaign will still be visible from your campaign page URL. When you receive a campaign contribution, the campaign will again be visible on the public pages. After 90 days of no funds, a campaign will be terminated.
You acknowledge that YouHelp may establish general practices and limits concerning the use of the Service, including without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on YouHelp's servers on your behalf. You agree that YouHelp has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that YouHelp reserves the right to terminate accounts or Campaigns that are inactive for an extended period, provided that YouHelp will use its commercially reasonable efforts to provide a Campaign Organizer with reasonable notice before terminating an inactive Campaign that has a positive Donations balance. You further acknowledge that YouHelp reserves the right to change these general practices and limits at any time, at its sole discretion. We will endeavor to give you adequate notice of any such change where required by applicable law.
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, and (ii) the ability to browse the Platform from a mobile device and (collectively, the "Mobile Service"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using the Mobile Service may be prohibited or restricted by your carrier, and not all Mobile Service may work with all carriers or devices. By using the Mobile Service, you agree that we may communicate with you regarding YouHelp and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Service may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. Should you change or deactivate your mobile telephone number, you agree to promptly update your YouHelp account information to ensure that your messages are not sent to an incorrect recipient.
13.1) YouHelp does allow you to give perks for donations – with clearly stated values for which you will give those perks If you offer a perk you will take full responsibility for the fulfillment of the Promotion in a timely fashion.YouHelp does NOT permit you to offer any contest, competition giveaway, sweepstakes on or via the Service without our explicit prior written consent. You may seek such permission by sending an email to email@example.com and by signing up for our Service.
13.2) If we give our consent, you will take full responsibility for the Contest, and you agree that:
(a) such Contest shall comply with all applicable laws;
(b) you are solely responsible for every aspect of the Contest, including without limitation any prizes offered;
(c) you may not use YouHelp’s name, trademarks, logos, or service marks or any other YouHelp intellectual property in the rules or any other materials relating to the Contest without YouHelp’s express written consent;
(d) the Contest does not require making a Donation as the only way to enter;
(e) the Contest is not marketed to anyone under the older of the age of 18 or the age of majority for the jurisdiction in which you reside; and
(f) the Contest may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, medical devices, national health products, firearms, pornography, tobacco, or any other activities prohibited by these Terms and Conditions, You will include the following provisions within your official rules for any Contest that you choose to administer or publicize on the Service:
(i) YouHelp does not sponsor, endorse or administer the Contest;
(ii) each participant or entrant in the Contest releases and indemnifies YouHelp from any and all liability and
(iii) all questions concerning the Contest must be directed to you and not to YouHelp. On a case, by case basis YouHelp reserves the right to suspend, cancel, or discontinue any Contest conducted in connection with the Service at any time for any reason, including without limitation to comply with applicable laws, rules, and regulations, and to take any actions we deem necessary, in our sole discretion, to protect our users, business partners, primary business, or the public.
14.1) With respect to the content, photos, videos, images, trademarks, logos, brands, or other materials you upload or post through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy-related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Service, you hereby grant and will grant YouHelp and it's affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the Contest, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image, or likeness, you hereby release and hold harmless YouHelp and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image, or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all of the necessary licenses, waivers, and releases from such person(s) for the benefit of YouHelp in a manner fully consistent with the licenses, waivers, and releases set forth above. You further acknowledge that your participation in the Service and submission of User Content is strictly voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or YouHelp's exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Service.
14.2) We do not guarantee that any Service Content will be made available through the Service. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Service Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to any such Service Content or User Content, or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any Service Content or User Content from the Service.
14.3) You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to YouHelp are non-confidential and YouHelp will be entitled to the unrestricted use and dissemination of these Submissions for any and all purposes, commercial or otherwise, without acknowledgment or compensation to you.
14.4) You further acknowledge and agree that YouHelp may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of YouHelp, its users or the public.
15.2) Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
16.1) You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by YouHelp, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined herein) that you legally upload to the Service. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by YouHelp from accessing the Service (including by the blocking of your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of YouHelp, our affiliates, and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by YouHelp.
16.2) The YouHelp name and logos are trademarks and service marks of YouHelp (collectively the "YouHelp Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to YouHelp. Nothing in these Terms and Conditions or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of YouHelp Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of YouHelp Trademarks will insure our exclusive benefit.
Third-Party Material: Under no circumstances will YouHelp be liable in any way for any content or materials of any third parties (including users and Campaign Organizers) or any User Content (defined below, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred because of the use of any such content. You acknowledge that YouHelp does not pre-screen content, but that YouHelp and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any content that is available via the Service. Without limiting the foregoing, YouHelp and its designees will have the right to remove any content that violates these Terms and Conditions or is deemed by YouHelp, in its sole discretion, to be otherwise objectionable.
17.1) We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark, or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Sign the paper.
8. Send the written communication to the Designated Agent at following address:
Or mail to: YouHelp, Inc
10853 Crystal Key Lane
Boynton Beach, FL 33437 USA
17.2) You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
This Website is not intended for use by nonprofit organizations organized under the laws of countries other than those of the United States of America. You represent, warrant, and irrevocably covenant that you will refrain from making financial transactions through the Website if you (i) are located in a country embargoed by the United States or (ii) are on the U.S. Treasury Department’s list of Specially Designated Nationals. If you choose to use this Website, you are solely responsible for compliance with all applicable local laws and you consent to having your data transferred, processed, and stored in the United States.
19.2) Upon termination or suspension, regardless of the reasons, therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
As the provider of the Website, we reserve the right to discontinue (i) the Website, in whole or in part, (ii) any features or services provided by or through the Website, or (iii) your account with the Website, for any or no reason, without notice to you.
Waiver of Warranties: We disclaim all warranties, express, implied, statutory, or otherwise, concerning the Website to the fullest extent allowed by applicable law. This waiver includes, but is not limited to, all warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information. We make no warranties concerning continuity of service, the security of the Website, or that the Website will be error-free. We offer the Website and the features and services contained therein “AS IS” and “WITH ALL FAULTS.”
Limitation of Liability: Neither we nor our directors, employees, and agents, will be liable to you for special, consequential, indirect, punitive, exemplary, or incidental damages (including lost revenues or profits, or loss of goodwill), regardless of the cause, legal theory, or cause of action, even if we have been advised of the likelihood thereof. Our aggregate liability, together with the liability of our directors, employees, and agents, arising out of this Agreement and your use of the Website (when aggregated with all other claims against us arising out of this Agreement and your use of the Website), regardless of the type of claim(s) or the nature of the cause(s) of action, will not exceed the greater of (i) one hundred U.S. Dollars ($100) or (ii) the net amount we have been paid from transaction fees arising from transactions you have made through the Website in the twelve (12) months immediately preceding the event giving rise to your claim(s). You acknowledge that the foregoing limitations are an essential basis of the bargain we have reached and that they will apply notwithstanding any failure of essential purpose of any limited remedy. Furthermore, we shall not be liable in any way for third-party goods and services offered through this site for assistance in conducting commercial transactions through this site, including without limitation the processing of orders.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental images, so the above limitations may not apply to you.
Indemnification: Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from or relate to, your use of the Website or your breach of these Terms.
If any provision of the Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, this finding shall not render any other provision of the Terms unenforceable, invalid, or illegal. We both agree that the court will have the authority to modify or replace the unenforceable, invalid, or illegal provision with a valid and enforceable provision that most closely represents our intentions with respect to the invalid, illegal, or unenforceable provision.
23.1) YouHelp offers the Service exclusively through its website ("Platform"). The Platform may update the Acceptable Use Policy Terms and Conditions of the Service updated, changed, or modified from time to time via these Terms and Conditions at our sole discretion; accordingly, you should periodically review these Terms and Conditions. Any changes posted will be indicated on this page along with a date/time stamp that indicates the revision’s effective date. We will make every reasonable effort to notify you, either through the Platform’s user interface, via email notification, or through other reasonable means, and unless otherwise stated, YouHelp may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, text, WhatsApp, and postings on the Platform. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that (i) changes addressing new functions of the Service or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions of these Terms and Conditions governing the Disputes section shall be made as specified therein.
23.2) Your continued use of the Service after the date upon which revisions become effective constitutes your acceptance of the new Terms and Conditions. To the extent allowed by law, the English version of these Terms and Conditions is binding and other translations are for convenience only. If you do not wish to accept the new Terms and Conditions, you may discontinue your use of the Service.
23.3) In addition, when using the Service and any other services we may provide in the future, you will be subject to any addi
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