Terms of Service

v2.0

Effective Date: [EFFECTIVE DATE] Last Updated: [LAST UPDATED] Version: 2.0

These Terms of Service ("Terms") form a legally binding agreement between you ("you," "your," or "User") and [KIDSTARTER LEGAL NAME], a company incorporated under the laws of [JURISDICTION OF INCORPORATION], with its registered office at [ADDRESS], company registration number [REG NUMBER] ("KidStarter," "we," "us," "our").

By accessing or using [YOUR DOMAIN] (the "Site"), our mobile applications, APIs, or any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms and all policies, guidelines, and documents referenced herein and incorporated by reference (collectively, the "Agreement"). If you do not agree, you must immediately cease using the Service.

1. Definitions

In these Terms, unless the context requires otherwise:

"Campaign" means a fundraising page created by a Creator through the Service to support a student's educational need.
"Creator" means a verified adult (teacher, guardian, or authorized representative) who creates or manages a Campaign.
"Donor" means any person or entity that makes a contribution to a Campaign.
"Corporate Sponsor" means a business entity that contributes funds or sponsors Campaigns through a corporate account.
"Organization" means a school, educational institution, or nonprofit that receives disbursements or administers accounts on the Service.
"Student" means the individual whose educational need is the subject of a Campaign.
"User Content" means any text, images, photographs, videos, documents, updates, comments, and other materials uploaded, submitted, or transmitted to or through the Service by any User.
"Personal Data" has the meaning given under applicable data protection laws, including but not limited to the GDPR, UK GDPR, CCPA/CPRA, and PIPEDA.

2. What KidStarter Is

KidStarter is a technology platform that enables verified adults ("Creators") — such as teachers, legal guardians, and authorized school representatives — to create Campaigns to support students' educational needs. Donors may contribute funds to Campaigns through payment methods supported by the Service. KidStarter facilitates the connection between Creators, Donors, Organizations, and Corporate Sponsors, and administers the disbursement of funds to verified schools or vendors.

3. What KidStarter Is Not

3.1. KidStarter is not a bank, money transmitter, escrow agent, fiduciary, broker-dealer, investment adviser, insurance company, or financial institution (unless explicitly stated for a specific market arrangement required by law).

3.2. KidStarter does not guarantee any Campaign outcome, including that any Campaign will reach its funding goal, that any items or services will be delivered, or that any specific educational outcome will result.

3.3. KidStarter does not provide legal, tax, financial, medical, or professional advice of any kind.

3.4. KidStarter is not a charity, nonprofit organization, or tax-exempt entity unless separately stated in jurisdiction-specific disclosures. Donations made through KidStarter are not automatically tax-deductible.

3.5. KidStarter does not act as an employer, agent, or partner of any Creator, Organization, or Corporate Sponsor.

4. Eligibility and Accounts

4.1 Age Requirements

You must be at least the age of majority in your jurisdiction (18 in the US, UK, and most EU Member States; 18 or 19 in applicable Canadian provinces) to create an account, donate, act as a Creator, manage an Organization account, or participate as a Corporate Sponsor. The Service may permit limited, supervised student participation as described in the Safety & Child Protection Policy, but minors may not create accounts independently.

4.2 Digital Age of Consent

Where the Service processes Personal Data based on consent, we comply with the digital age of consent requirements in your jurisdiction, including but not limited to age 16 under the GDPR (or lower thresholds adopted by individual EU Member States), age 13 under the UK GDPR and ICO Children's Code, and age 13 under COPPA (US).

4.3 Account Registration

You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your information; (c) maintain the security of your login credentials; (d) accept responsibility for all activity under your account; and (e) promptly notify us of any unauthorized access or security breach at [SUPPORT EMAIL].

4.4 One Account Per Person

Each individual may maintain only one account unless expressly permitted. We reserve the right to merge, suspend, or terminate duplicate accounts.

4.5 Electronic Communications Consent

By creating an account, you consent to receive electronic communications from KidStarter (including email, in-app notifications, and SMS where consented) related to the Service, including service announcements, administrative messages, donation confirmations, and, where you have opted in, marketing communications. You may withdraw consent to non-essential communications at any time via account settings or by contacting [SUPPORT EMAIL].

5. Roles and Access Controls

The Service supports the following roles, each subject to specific terms, permissions, and access controls enforced through the platform:

Donor — subject to Donor Terms
Creator (Teacher / Guardian / Authorized Representative) — subject to Creator Terms
School / Organization Admin — subject to School / Organization Terms
Corporate Sponsor Admin — subject to Corporate Sponsorship Terms
Moderator — subject to internal moderation policies
Finance Ops — subject to internal finance and disbursement controls
Platform Admin — subject to internal governance and audit controls

Role-specific terms are incorporated into and form part of this Agreement.

6. Campaign Creation and Verification

6.1. Creators must have lawful authority to create a Campaign for the Student and must obtain all necessary consents and permissions, including verifiable guardian consent for minors where required by law (see Creator Terms and Children's Privacy Notice).

6.2. All Campaigns are subject to verification and moderation prior to public publication, and may be subject to ongoing review at any time. See the Verification & Campaign Eligibility Policy.

6.3. We may, at our sole discretion, approve, reject, pause, modify, or remove any Campaign to protect Users, comply with applicable law, enforce our policies, or maintain the integrity of the Service. We are under no obligation to publish any Campaign.

6.4. KidStarter reserves the right to request additional documentation at any time, including prior to or after disbursement.

7. Student Privacy and Safety (Minors)

7.1. The Service is designed with a privacy-by-default and privacy-by-design approach to minimize student data exposure and reduce risk of identification.

7.2. Public Campaign pages must not include:

full last names of minors;
home addresses, phone numbers, or personal email addresses;
government-issued identification numbers or school ID numbers;
school names, logos, or precise location details (unless approved under safety review);
classroom rosters, schedules, or information about other students;
any content that could reasonably be used to locate, contact, or identify a minor.

7.3. See the Safety & Child Protection Policy and Children's Privacy Notice for comprehensive safeguards.

7.4. Any User who discovers content that may endanger a child must report it immediately via [REPORT LINK OR EMAIL]. KidStarter maintains rapid takedown procedures and will escalate to law enforcement where required.

8. Donations, Payment Processing, and Disbursement

8.1. Donations are processed by PCI DSS-compliant third-party payment processors. KidStarter does not store, process, or have access to full payment card numbers.

8.2. Under KidStarter's current operating model, funds are disbursed exclusively to verified schools or approved vendors — never directly to students, parents, or individuals — subject to:

identity verification and anti-fraud checks;
compliance screening (including sanctions and AML checks);
documentation requirements (invoices, purchase orders, authorization letters);
dispute resolution and chargeback processes;
the Disbursement Policy.

8.3. KidStarter does not guarantee the timing of disbursements. See the Disbursement Policy for details on holds, delays, and reallocation procedures.

8.4. See Donor Terms, Refunds, Chargebacks & Disputes Policy, and Disbursement Policy for full details.

9. Fees and Charges

9.1. KidStarter may charge platform fees and/or administrative fees in addition to third-party payment processing fees. All applicable fees will be clearly disclosed at checkout, in the relevant participation terms, or on our pricing page before any transaction is completed.

9.2. Payment processing fees are set by our third-party processors and are subject to change. KidStarter is not responsible for fees charged by your bank, card issuer, or payment provider.

9.3. We reserve the right to modify our fee structure with at least 30 days' notice posted on the Service or communicated via email.

10. User Content and License

10.1. Ownership. You retain all ownership rights in your User Content.

10.2. License Grant. By submitting User Content, you grant KidStarter a worldwide, non-exclusive, royalty-free, transferable, sublicensable (solely to service providers and partners necessary to operate the Service) license to host, store, cache, reproduce, modify (for formatting, safety review, and content moderation), create derivative works (including social-share preview images and cards), distribute, publicly display, and publicly perform your User Content, solely as necessary to operate, improve, promote, and secure the Service.

10.3. Representations. You represent and warrant that: (a) you own or have all necessary rights, licenses, consents, and permissions to submit your User Content and to grant the foregoing license; (b) your User Content does not infringe any third party's intellectual property, privacy, publicity, or other rights; and (c) where User Content involves minors, you have obtained all legally required guardian and/or school authorizations.

10.4. Removal. If you delete your User Content from the Service, we will use reasonable efforts to remove it, but cached or archived copies may persist for a limited period. Content that has been shared, distributed, or incorporated into other materials (e.g., donor receipts) prior to deletion may not be fully removable.

11. Prohibited Activities

You agree not to, and will not authorize or encourage any third party to:

11.1. Misrepresentation: Misrepresent your identity, authority, role, affiliation, needs, or documentation, including impersonation of any person or entity.

11.2. Harmful Content: Upload, transmit, or distribute content that is unlawful, defamatory, harassing, threatening, abusive, hateful, discriminatory, or exploitative.

11.3. Child Exploitation: Upload, transmit, or distribute any sexual, abusive, or exploitative content involving minors. Any such content will be immediately removed and reported to the National Center for Missing & Exploited Children (NCMEC), the Internet Watch Foundation (IWF), law enforcement, and/or other applicable authorities.

11.4. Doxxing and Privacy Violations: Publish, share, or expose personal information of any individual without their consent, including minors.

11.5. Security Violations: Attempt to bypass, circumvent, disable, or interfere with any security features, access controls, verification processes, or technical measures of the Service; attempt to gain unauthorized access to any part of the Service, other accounts, or connected systems; engage in data scraping, crawling, or harvesting.

11.6. Financial Crimes: Use the Service for money laundering, terrorist financing, sanctions evasion, tax evasion, fraud, or any other financial crime.

11.7. Spam and Manipulation: Send unsolicited communications, manipulate ratings or reviews, or create campaigns solely for self-enrichment.

11.8. Interference: Interfere with or disrupt the Service, including through the use of bots, malware, or denial-of-service attacks.

11.9. Circumvention: Circumvent or attempt to circumvent any fee, limit, or restriction imposed by KidStarter.

11.10. Violation of Law: Use the Service in violation of any applicable local, state, national, or international law or regulation.

12. Intellectual Property

12.1. The KidStarter name, logo, trademarks, service marks, trade dress, software, designs, text, graphics, and other content owned by KidStarter (collectively, "KidStarter IP") are the exclusive property of KidStarter or its licensors and are protected by applicable intellectual property laws.

12.2. You may not copy, modify, distribute, sell, lease, or create derivative works based on KidStarter IP without our prior written consent, except as expressly enabled by the Service.

12.3. If you believe content on the Service infringes your intellectual property rights, see our DMCA Copyright Policy and IP Complaints Procedure.

13. Suspension and Termination

13.1. By KidStarter. We may suspend, restrict, or terminate your access to the Service, any Campaign, or any account at any time, with or without notice, for any reason, including but not limited to: suspected fraud, policy violations, legal requirements, safety concerns, or extended inactivity.

13.2. By You. You may stop using the Service at any time. To close your account, contact [SUPPORT EMAIL]. Account closure does not affect obligations already incurred, including pending donations, disbursements, or disputes.

13.3. Effect of Termination. Upon termination: (a) your license to use the Service immediately ceases; (b) we may retain data as required by law, for fraud prevention, or for dispute resolution (see Data Retention & Deletion Policy); (c) provisions that by their nature should survive termination will survive, including Sections 10, 14, 15, 16, 17, 18, 19, 20, and 21.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

14.1. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY.

14.2. KIDSTARTER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14.3. KIDSTARTER DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CAMPAIGN, USER CONTENT, OR INFORMATION ON THE SERVICE.

14.4. KIDSTARTER DOES NOT ENDORSE ANY CAMPAIGN, CREATOR, ORGANIZATION, OR CORPORATE SPONSOR.

14.5. EU/UK Consumer Note: Nothing in these disclaimers affects your statutory rights as a consumer under applicable EU or UK law, including the Consumer Rights Act 2015 (UK) or Directive 2011/83/EU.

15. Limitation of Liability

15.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KIDSTARTER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2. KIDSTARTER'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO KIDSTARTER IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) USD $100 (OR THE LOCAL CURRENCY EQUIVALENT).

15.3. Exceptions. Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited under applicable mandatory law, including EU/UK consumer protection law; or (d) KidStarter's obligations under applicable data protection law.

16. Indemnification

16.1. You agree to defend, indemnify, and hold harmless KidStarter and its affiliates, officers, directors, employees, agents, and licensors from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your User Content; (c) your Campaign (if applicable); (d) your violation of these Terms or any applicable law; or (e) your violation of any third party's rights.

16.2. EU/UK Consumer Note: This indemnification provision applies only to the extent permitted by applicable consumer protection law in your jurisdiction and does not affect your statutory rights.

17. Dispute Resolution

17.1 Informal Resolution

Before filing any formal dispute, you agree to contact [SUPPORT EMAIL] and attempt to resolve the dispute informally for at least 30 days.

17.2 Governing Law

If you are based in the EU/EEA: These Terms are governed by the laws of [EU GOVERNING LAW JURISDICTION], without regard to conflict of laws principles. You retain the benefit of any mandatory consumer protection provisions of the law of your country of residence.
If you are based in the United Kingdom: These Terms are governed by the laws of England and Wales. You retain the benefit of any mandatory consumer protection provisions under UK law.
If you are based in the United States: These Terms are governed by the laws of the State of [US STATE], without regard to conflict of laws principles.
If you are based in Canada: These Terms are governed by the laws of the Province of [CANADIAN PROVINCE] and the federal laws of Canada applicable therein.
All other locations: These Terms are governed by the laws of [DEFAULT GOVERNING LAW].

17.3 Arbitration (US Users)

FOR USERS LOCATED IN THE UNITED STATES: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved by binding individual arbitration administered by [ARBITRATION BODY, e.g., JAMS or AAA] under its then-current rules. The arbitration will take place in [CITY, STATE] or remotely, at the arbitrator's discretion.

17.4 Class Action Waiver (US Users)

FOR USERS LOCATED IN THE UNITED STATES: YOU AND KIDSTARTER 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate proceedings or preside over any form of representative or class proceeding.

17.5 Jurisdiction and Venue

For Users not subject to arbitration, exclusive jurisdiction and venue for any disputes lie in the competent courts of the jurisdiction specified under the applicable governing law above, except where mandatory consumer law provides otherwise (including the right of EU consumers to bring claims in their country of residence).

17.6 EU Online Dispute Resolution

If you are an EU consumer, you may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

18. Changes to These Terms

18.1. We may update these Terms from time to time. We will post the updated version on the Service and update the "Last Updated" date. For material changes, we will provide at least 30 days' prior notice via email or prominent notice on the Service.

18.2. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Service and may request account closure.

18.3. No modification to these Terms by any User will be binding unless agreed in writing signed by an authorized representative of KidStarter.

19. General Provisions

19.1 Entire Agreement

These Terms, together with all policies and documents incorporated by reference, constitute the entire agreement between you and KidStarter regarding the Service, and supersede all prior agreements, understandings, and representations.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable, or severed if modification is not possible.

19.3 Waiver

The failure of KidStarter to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of KidStarter.

19.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without KidStarter's prior written consent. KidStarter may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

19.5 Force Majeure

KidStarter will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, embargoes, government actions, labor disputes, power or telecommunications failures, internet disturbances, or cyberattacks.

19.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except as expressly provided in the indemnification and limitation of liability sections with respect to KidStarter's affiliates, officers, directors, employees, agents, and licensors.

19.7 Headings

Section headings are for convenience only and do not affect interpretation.

19.8 Language

These Terms are drafted in English. If translated into another language, the English version prevails in the event of any inconsistency.

19.9 Notices

Notices to KidStarter must be sent to [LEGAL NOTICES ADDRESS OR EMAIL]. Notices to you will be sent to the email address associated with your account.

20. Incorporated Policies

The following policies are incorporated by reference and form part of this Agreement:

In the event of a conflict between these Terms and any incorporated policy, these Terms will prevail unless the incorporated policy expressly states otherwise with respect to its specific subject matter.

21. Contact

General Support: [SUPPORT EMAIL] Privacy Inquiries: [PRIVACY EMAIL] Legal Notices: [LEGAL NOTICES EMAIL] Security Issues: [SECURITY EMAIL] Report Abuse or Safety Concerns: [REPORT LINK OR EMAIL]