Terms of Service

By creating an account on, accessing, or using Fundor (the "Platform"), including our website at fundor.io and all related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not access or use the Services.

If you are accessing the Services on behalf of a team, school, or other organization, you represent that you have the authority to bind that organization to these Terms.

These Terms constitute a legally binding agreement between you and Fundor, LLC ("Fundor," "we," "us," or "our").

Fundor is a fundraising platform that connects student athletes and their teams with revenue opportunities through referral partnerships:

• Student athletes collect contact information and service interest details from homeowners through genuine, in-person conversations.
• That information is submitted through a web-based referral form hosted on the Platform.
• Submitted referral data is forwarded to our third-party service partners (such as Vivint and others), whose call centers may then contact the referred individual.
• When a referral results in a qualified sale or sign-up, the referring athlete earns commissions or credits toward their team's fundraising goals.

Service categories include but are not limited to: internet, cell phone, streaming/TV, home security, solar, pest control, holiday lighting, trusts and wills, roofing, and tax strategy. Available services may change at any time.

Fundor is a technology platform. Fundor does not itself provide any of the underlying services offered by our partners.

To use the Services, you must meet the following requirements:

• Age: You must be at least 13 years old. Users between 13 and 17 ("Minor Users") may use the Services only with verified parental or legal guardian consent. Users under 13 are not permitted to create accounts. We comply with COPPA and all applicable laws regarding minors.
• Team Membership: Athletes must be active members of a registered team. Coaches must be affiliated with a qualifying school or organization.
• Parental Consent: For Minor Users, a parent or legal guardian must review and agree to these Terms, supervise the minor's use, and accept responsibility for the minor's activities.
• Accurate Information: You must provide truthful, accurate, and complete information during registration.
• Legal Compliance: You must comply with all applicable laws and regulations.

Fundor reserves the right to verify eligibility and to suspend or terminate accounts that do not meet these requirements.

When creating your account, you agree to provide accurate information, maintain security of your credentials, and accept responsibility for all activities under your account. Notify us immediately at legal@fundor.com of any unauthorized use.

Account Types:

• Athlete: Submits referrals, earns commissions/credits, tracks progress.
• Coach: Manages team rosters, monitors activity, sets goals, oversees fundraising.
• Parent/Guardian: Views and monitors their athlete's activity.
• Admin: Full administrative access as granted by Fundor.

You may not create multiple accounts, impersonate another person, or use another person's account without authorization.

Genuine In-Person Conversations Required. Athletes must have a genuine, in-person conversation with the individual before submitting a referral. Referrals based solely on online solicitation or cold outreach are prohibited unless expressly authorized by Fundor.

Accurate Information. All referral information must be truthful, accurate, and current. Submitting fabricated or misleading information is strictly prohibited.

Authorization Required. You must obtain clear, affirmative permission from each individual before submitting their personal information.

Commissions and Credits. Athletes may earn commissions or credits ("Earnings") when referrals result in qualified sales or sign-ups:

• Commission rates and eligibility criteria are determined by Fundor and its partners and are subject to change.
• Earnings accrue only upon verified, qualified referrals.
• Fundor reserves the right to withhold, reverse, or reclaim Earnings associated with fraudulent or unauthorized referrals.
• Pending Earnings are not guaranteed.
• Earnings forfeited due to violations will not be reinstated.

Prohibited Referral Practices. The following may result in immediate account termination and forfeiture of all Earnings:

• Submitting false, fabricated, or unauthorized referrals.
• Submitting information for individuals who did not consent.
• Self-referrals or referrals for fictitious persons.
• Using automated tools, bots, or scripts to generate referrals.
• Incentivizing or coercing individuals under false pretenses.
• Submitting duplicate referrals for the same individual.

This section is critically important.

How Referral Data Is Used. When a referral is submitted, the referred individual's contact information and service interests are shared with Fundor's service partners. These partners may contact the referred individual by:

• Phone call, including calls using automated telephone dialing systems (auto-dialers).
• Text message (SMS/MMS), including messages sent using automated technology.
• Prerecorded or artificial voice messages.
• Email for marketing purposes.

Athlete Obligations. As the person submitting the referral, you represent and warrant that:

• The referred individual personally and voluntarily provided their contact information to you.
• You clearly explained that their information will be shared with service partners who may contact them by phone, text, and email, including through automated means.
• The referred individual gave informed, voluntary consent to submit their information.
• You did not forge, fabricate, or misrepresent anyone's consent.

Consequences of Unauthorized Submissions. Athletes who submit unauthorized referrals face:

• Immediate account suspension or permanent termination.
• Forfeiture of all pending and unpaid Earnings.
• Personal liability for any legal claims or damages, including TCPA statutory damages of up to $1,500 per unauthorized call or text.
• Obligation to indemnify Fundor from all related claims and expenses.

Revocation of Consent. Referred individuals may revoke consent at any time by contacting legal@fundor.com or by notifying the applicable service partner directly.

You agree not to engage in any of the following:

• Fraud and Misrepresentation: Providing false information, creating fake accounts, or submitting fabricated referrals.
• Spam and Unsolicited Contact: Sending unsolicited communications or bulk messages to promote your referral link.
• Automated Activity: Using bots, scripts, scrapers, or automated means to access or submit data through the Platform.
• Data Scraping: Collecting or extracting data from the Platform without express written authorization.
• Harassment: Harassing, threatening, or pressuring any person in connection with the referral process.
• Circumvention: Attempting to bypass security features, access controls, or rate limits.
• Interference: Imposing unreasonable load on infrastructure, introducing malicious code, or disrupting the Services.
• Unauthorized Access: Accessing accounts or data you are not authorized to access.
• Competitive Use: Using the Platform or data obtained from it to build or market a competing product.
• Legal Violations: Using the Services for any illegal purpose.

Fundor reserves the right to investigate suspected violations and take appropriate action, including account termination and referral to law enforcement.

Fundor's Intellectual Property. The Platform and all content, features, and functionality are owned by Fundor and protected by intellectual property laws.

Limited License. Subject to compliance with these Terms, Fundor grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services. This license does not include the right to modify, copy, distribute, or create derivative works based on Platform content.

User Content. By submitting content to the Platform, you grant Fundor a worldwide, royalty-free, non-exclusive license to use, process, store, and transmit that content as necessary to operate the Services.

Fundor partners with third-party service providers (such as Vivint and others). You acknowledge and agree that:

• Service partners are independent companies, not agents or representatives of Fundor.
• Fundor does not control or guarantee any products, services, pricing, or representations made by its partners.
• Any relationship or dispute between you (or a referred individual) and a service partner is solely between those parties.
• Referred individuals' interactions with partners are governed by those partners' own terms and privacy policies.

Earning Commissions. Athletes may earn commissions when referrals result in qualified sales, as verified by Fundor and the applicable partner. Rates may vary by service category, partner, and other factors.

Payout Methods. Earnings are disbursed through payout methods on the Platform. You are responsible for providing accurate payout information.

Tax Responsibility. You are solely responsible for reporting and paying all taxes on Earnings, including federal, state, and local taxes. Fundor may report Earnings to tax authorities as required by law.

No Employment Relationship. Users are independent participants. Nothing in these Terms creates an employment, agency, or partnership relationship with Fundor.

Coaches and team administrators accept additional responsibilities:

• Athlete Eligibility: Verify that all athletes meet eligibility requirements.
• Parental Consent: Ensure proper consent for all Minor Users.
• Supervision: Provide reasonable oversight of athletes' referral activities.
• Accurate Records: Maintain accurate team rosters.
• Fund Usage: Use all raised funds for legitimate team purposes.
• Code of Conduct: Ensure athletes represent themselves honestly and in compliance with these Terms.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FUNDOR DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FUNDOR DOES NOT WARRANT THAT ANY REFERRAL WILL RESULT IN A SALE, THAT ANY SPECIFIC LEVEL OF EARNINGS WILL BE ACHIEVED, OR THAT SERVICE PARTNERS WILL CONTACT REFERRED INDIVIDUALS WITHIN ANY TIMEFRAME.

TO THE FULLEST EXTENT PERMITTED BY LAW, FUNDOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

FUNDOR'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL EARNINGS PAID TO YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY.

You agree to indemnify, defend, and hold harmless Fundor and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising out of:

• Your use of the Services or activity under your account.
• Your violation of these Terms or any applicable law.
• Any referral you submit, including claims of unauthorized submission.
• Any claims under the TCPA or state telemarketing laws in connection with your referrals.
• Your misrepresentation of Fundor's services or the referral process.

TCPA Indemnification. You specifically acknowledge that TCPA violations can result in statutory damages of $500 to $1,500 per unauthorized call or text. If you submit referral information without proper consent and a TCPA claim is brought against Fundor, you agree to indemnify Fundor for the full amount of any damages, penalties, settlements, and legal costs.

Termination by Fundor. Fundor may suspend or terminate your account at any time, with or without cause, including for violation of these Terms, fraudulent referrals, or submission of information without proper consent.

Termination by You. You may terminate your account at any time by contacting legal@fundor.com.

Effect of Termination:

• Your right to access the Services ceases immediately.
• Pending Earnings may be forfeited if termination is due to a violation.
• Verified Earnings may still be disbursed at Fundor's discretion.
• Fundor may retain data as necessary for legal compliance.

Informal Resolution. Before initiating formal proceedings, you agree to contact Fundor at legal@fundor.com and attempt to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration. Unresolved disputes shall be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Class Action Waiver. YOU AND FUNDOR AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Governing Law. These Terms shall be governed by the laws of the State of Utah.

Time Limitation. Any claim must be filed within one (1) year after the claim arose.

Fundor may modify these Terms at any time. When we make material changes, we will update the "Last Updated" date and provide notice through the Platform. For significant changes, we will send email notice at least fifteen (15) days before the changes take effect. Continued use constitutes acceptance.

Severability. If any provision is found invalid, it shall be modified to the minimum extent necessary or severed. The remaining provisions continue in full force.

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Fundor regarding the Services.

No Waiver. Fundor's failure to assert any right or provision shall not constitute a waiver of such right or provision.

If you have questions about these Terms of Service, please contact us:

Email: legal@fundor.com
Website: fundor.io

For privacy-related inquiries: privacy@fundor.com
For TCPA opt-out or consent revocation: legal@fundor.com