Terms - Puzzle Fund

Last Updated 06/18/2024

Terms

Agreement and Contracting Party

Subject to these Terms of Service, as amended from time to time (“Terms of Service”), Puzzle Fund provides its platform to you through its website www.puzzle-fund.com and any related applications or services (collectively referred to as the “Platform”). The services offered by Puzzle Fund, including the Platform and any new features or applications, are collectively known as the “Services.”

If you are a user, whether as a project creator, donor, or otherwise (collectively referred to herein as a “User”) located in the United States, you are contracting with Puzzle Fund Inc., 1410 Coco Pl., Wentzville, MO, United States.

By using the Services, you agree to be bound by these Terms of Service, which form a legally binding contract between you and Puzzle Fund, LLC, or the respective entity based on your location.

Beta Disclaimer

Please note that the Platform is currently in beta testing. While we have taken great care to ensure the system functions as intended, users may encounter bugs or other issues. We appreciate your understanding and patience as we work to improve our service. Please report any problems you encounter, and we will do our best to resolve them promptly. Despite potential issues, we will ensure that all services and transactions are completed to the best of our ability.

Acceptance of Terms and Definition of Puzzle Fund

For the purposes of the following Terms of Service, “Puzzle Fund,” “we,” “us,” “our,” and other similar terms, shall refer to Puzzle Fund, LLC, the party with whom you are entering into this agreement. Puzzle Fund, LLC. may exercise rights under these Terms of Service on behalf of itself. Contact details for Puzzle Fund can be found at the end of these Terms of Service.

US Users Only: Arbitration, Jury Trial, and Class Action Waiver

Arbitration Agreement: Except as otherwise described in the Dispute Resolution section below, by using the Services, you agree that disputes between you and Puzzle Fund will be resolved by binding, individual arbitration, and you waive your right to participate in a jury trial or class action. This arbitration agreement will be governed by the Federal Arbitration Act.

Please review the Dispute Resolution section carefully to understand your rights and obligations.

Acknowledgment and Understanding of Terms

By using the Services, you expressly acknowledge that you have read, understand, and agree to be bound by all of these Terms of Service.

Modification of Terms of Service

Right to Modify Terms: We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Service at any time.

Efforts to Notify: While it is our intent to provide notice of changes to these Terms of Service, especially for significant modifications, we may not be able to provide specific notice periods, such as 30 days, in all situations. We will attempt to notify users of changes through appropriate channels, which may include email notifications, announcements on our website, or other means.

Immediate Changes When Required: In certain circumstances, such as those required by law, regulatory requirements, or other urgent operational reasons, changes may be made immediately and without prior notice.

Effective Date and Acceptance of Changes: Each time we update these Terms of Service, we will update the revision date at the top of this page. Your continued use of the Services after the effective date of such changes constitutes your acceptance of and agreement to such changes.

Language and Binding Version: To the extent permitted by applicable law, the English language version of these Terms of Service is the definitive and binding version, and any translations into other languages are for convenience only. In the event of discrepancies between the English version and a translated version, the English version shall prevail.

Discontinuation of Use: If you do not agree to the new Terms of Service, you should discontinue your use of the Services immediately.

ACCESS AND USE OF THE SERVICES

The Services Description: Puzzle Fund offers a platform that enables individuals, entities, or non-profit organizations (collectively, “Organizers”) to create fundraising projects (“Projects”) to collect monetary donations (“Donations”) from contributors (“Donors”). Our distinctive feature is the conversion of an uploaded image by the Organizer into a digital puzzle, where each piece represents a portion of the total fundraising goal. This innovative approach allows Donors to choose specific pieces to ‘purchase’ through their donations, enhancing engagement and participation.

Puzzle Mechanics: Each puzzle piece is valued equally, correlating with the total fundraising goal. Donors can leave comments and a display name with their donation, visible on or near the purchased puzzle piece on the Project page. This acts as a form of donor recognition and engagement but does not confer any tangible rewards or benefits to the Donor.

Payment Processor: Puzzle Fund is not a payment processor and does not hold funds directly. Instead, we utilize third-party payment processing partners, including Stripe Connect, to process Donations for each Project. By using our Services, you acknowledge and agree that these Payment Processors are essential to the operation of Puzzle Fund, and that we exchange information with these processors to facilitate the provision of Services. Detailed information about our Payment Processors and the data shared can be found in the “Payment Processors” section and our Privacy Notice.

Transaction Fee

No Start-Up or Maintenance Fees: Puzzle Fund is committed to accessibility and ease of use, which is why we do not charge any fees to start or maintain a fundraising project on our platform. For each donation, a transaction fee of 2.9% plus $0.30 is applied. The transaction fee is essential to pay for the credit card/transaction fees associated with transaction processing costs. The transaction fee is handled through Stripe Connect, our payment processing partner, and is deducted when recipients withdraw funds.

This means that Organizers will receive the donation amount minus the transaction fee. Our goal is to maintain transparency in our pricing structure and ensure a secure and efficient donation process for both Organizers and Donors.

Nature of Services: Puzzle Fund serves as an administrative platform only. We enable Organizers to create fundraising projects and allow Donors to contribute financially to these projects. It’s important to note that Puzzle Fund is not a broker, agent, financial institution, creditor, or a nonprofit corporation. Our role is strictly limited to providing a platform for fundraising activities, managing the digital puzzle feature, and facilitating the transfer of funds from Donors to Organizers through our third-party payment processors.

Third-Party Information and Content

Informational Purposes Only: All third-party information and content hosted by Puzzle Fund on the Services are for informational purposes only. We do not guarantee the accuracy, completeness, timeliness, or reliability of any such information or content. No content on our platform is intended to provide financial, legal, tax, or other professional advice.

Professional Advice Recommendation: Before making decisions based on any fundraisers, donations, users, or any information or content related to the Services, we strongly advise consulting with your financial, legal, tax, or other professional advisors as appropriate. You acknowledge that all information and content accessed using the Services is at your own risk.

No Control Over User Conduct: Puzzle Fund does not control the conduct of users or the information they provide. Consequently, we disclaim all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a project will receive a certain amount of donations or any donations at all.

No Endorsement of Fundraisers or Users: We do not endorse any projects, users, or causes. There is no guarantee, express or implied, that information provided through the Services is accurate. Puzzle Fund expressly disclaims any liability or responsibility for the outcome or success of any fundraising project.

Donor’s Responsibility: As a donor, you bear the responsibility for determining the value and appropriateness of contributing to any project or user. We encourage donors to conduct their due diligence before making a donation.

No Solicitation

Purpose of the Platform: Puzzle Fund is designed to facilitate fundraising by providing technology and a platform for Organizers to connect with Donors. Our platform serves as a digital space where fundraising projects can be created, shared, and supported.

Role of Puzzle Fund: The existence of Puzzle Fund and its Services does not constitute a solicitation of donations by Puzzle Fund itself. We do not engage in solicitation activities, nor do we consult on or participate in the solicitation of contributions from the public on behalf of any individual, entity, or organization.

User Responsibility: By using the Services, you understand and agree that Puzzle Fund is not responsible for the use of your donations or the amount of funds raised for any project or user. Our role is limited to providing the platform and tools for fundraising; the management and use of donations are solely the responsibility of the Organizers and beneficiaries of each project.

Donor Acknowledgment and Responsibilities

Donation Risks: All donations made through Puzzle Fund are at the donor’s own risk. When you make a donation, it is your responsibility to understand how your money will be used. We encourage donors to regularly review the project content for updates or changes.

No Responsibility for Promises or Offers by Users: Puzzle Fund is not responsible for any offers, promises, rewards, or promotions made or offered by users or organizers. Engaging in such conduct may be in violation of our Terms of Service and Community Guidelines. We do not verify the information supplied by users or organizers, nor do we represent or guarantee that donations will be used in accordance with any specific fundraising purpose prescribed by a user or in accordance with applicable laws.

Commitment to Integrity: Despite these limitations, Puzzle Fund takes the integrity of transactions and the proper use of funds very seriously. If there is suspected fraudulent activity or misuse of funds, we encourage users to report these concerns through our platform. We will investigate reports of misuse or fraudulent activity and take appropriate action in line with our policies and legal obligations.

Investigation and Response: If you, as a donor, have reason to believe that a project is not raising or using funds for its stated purpose, we urge you to report this to us using the designated reporting mechanisms on our platform. We commit to investigating such reports in good faith and taking necessary actions within our capacity to address any verified issues.

Organizer Responsibilities and Representations

Accuracy and Honesty in Information: As an Organizer on Puzzle Fund, you represent, warrant, and covenant that:

Information Provided: All information you provide in connection with a project or its intended beneficiary is accurate, complete, and not misleading. You agree to post regular updates to ensure users are well-informed about the use of funds and any significant changes related to your project.
Use of Donations: All donations received through your project will be used solely as described in the materials you post or provide to donors.
Beneficiary Obligations: If donations are raised on behalf of someone other than yourself (i.e., the beneficiary), you guarantee that all donations will be used for the benefit of that beneficiary.
Beneficiary Control: If you add a beneficiary through the Services, you acknowledge that you are relinquishing control over the donations to that beneficiary.
Rights and Law Compliance: You will not infringe upon the rights of others and will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to, registration, tax reporting, political contributions, and asset disclosures for your project.
Handling of Personal Data: To the extent you share any personal data of third parties, including contact information, you confirm that you have the necessary authority and consent required under applicable laws to share such data with us and for its use as intended.
Prohibition of Goods or Services Exchange: You agree not to offer or provide goods or services in exchange for donations.

Authorization to Puzzle Fund: You authorize Puzzle Fund to provide information relating to your project to donors, beneficiaries, law enforcement, or regulatory authorities as needed. Puzzle Fund reserves the right to assist in any investigations related to your project and may disclose necessary information in accordance with legal requirements and our policies.

Organizer Responsibilities for Fund Usage

Nature of Donations: Donations made through Puzzle Fund are to be considered as gifts intended for a specific cause or project as outlined by the Organizer. These donations are not restricted funds, and while they should be used in good faith in line with the stated purpose of the fundraiser, Organizers retain discretion over the final use of funds.

Good Faith Use of Funds: As an Organizer, you agree to use the donations received in the spirit of the stated purpose of your project. It is expected that funds will be utilized primarily for the project as described to donors.

Flexibility in Fund Usage: You acknowledge that in instances where you raise more funds than needed for the specified purpose, or if there are changes in circumstances, the excess funds may be used at your discretion for purposes that align closely with the original intent of the project or in a manner that supports the general mission of your organization or cause.

Transparency with Donors: We encourage you to maintain transparency with your donors. This includes providing updates on the project, especially if there are significant changes in how the funds will be used. Keeping donors informed helps maintain trust and integrity in the fundraising process.

No Legal Obligation for Restricted Use: Puzzle Fund does not place legal restrictions on how funds are utilized once raised. However, we emphasize the importance of adhering to the spirit of the fundraising purpose and maintaining donor trust.

Your Registration Obligations

Requirement for Registration: To access and use certain features of Puzzle Fund’s Services, registration may be required. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself or your entity as prompted by our registration process.

Accuracy of Information: As an Organizer, it is imperative to register using your true identity, including your name, address, and any image or video purporting to depict yourself or the intended purpose of your fundraiser. We rely on this information to maintain the integrity and transparency of our platform.

Updating Registration Data: Your registration data and certain other personal information are governed by these Terms of Service and our Privacy Notice. You are responsible for keeping your registration information up-to-date to ensure effective communication and service delivery.

Age Restrictions: If you are under 13 years of age, you are not authorized to use Puzzle Fund’s Services, with or without registration. Additionally, if you are under the age of majority in your jurisdiction (typically 18 years of age), you may only use our Services, with or without registration, with the approval of a parent or guardian.

Third-Party Service Providers: Certain aspects of our Services may require you to register with, and agree to the terms of, third-party service providers, such as Payment Processors. Puzzle Fund has agreements with these providers to facilitate certain aspects of our Services.

Compliance and Consequences: If at any time we, or one of our third-party service providers, discover that the information you provided is incorrect or violates any of these Terms of Service or their terms of service, your access to the Services may be suspended or terminated. Additionally, any fines imposed by relevant authorities due to such violations will be your responsibility.

General Fundraising and Recipient Obligations

Transaction Fees: All donations made through Puzzle Fund are subject to a transaction fee per donation, as previously outlined in the “Transaction Fees” section.

A. Chargebacks and Refunds:

Handling Chargebacks and Refunds: Occasionally, a donor may dispute a credit card charge or request a refund. It is the responsibility of the project organizer (recipient) to handle refunds and chargebacks directly with donors. Puzzle Fund does not manage these disputes but may provide guidance or assistance where possible.
Financial Responsibility: The recipient of the funds is responsible for managing and processing refunds and chargebacks. Puzzle Fund is not liable for the refund of donations, nor does it withhold funds for such purposes.

B. Removal of Projects: If you are an organizer and wish to remove your project from Puzzle Fund’s platform, please contact us through the provided channels. Your request should include relevant details of the project for identification and processing.

C. Receiving Funds: Receipt of donations, minus applicable transaction fees, is contingent upon the procedures and terms of the selected payment processor. Puzzle Fund does not hold funds but facilitates the transfer through third-party payment processors.

D. Taxes: Puzzle Fund does not withhold funds for tax purposes. Organizers are solely responsible for any taxes based on applicable laws, whether international, federal, state, local, or other tax obligations related to the funds raised.

E. Donor Information: Organizers can access basic information about donors, subject to privacy laws and our Privacy Policy. Puzzle Fund makes no representations or guarantees about the accuracy or completeness of donor information. Disclosure of donor data will be managed in accordance with our Privacy Policy and applicable laws, even when a donor chooses to remain anonymous in public listings.

Taxes

User Responsibility for Taxes: As a user of Puzzle Fund, it is your responsibility to determine what, if any, taxes apply to the donations you receive through your use of our Services. This responsibility includes assessing, collecting, reporting, and remitting the correct taxes, if any, to the appropriate tax authority. Puzzle Fund is not responsible for determining the taxability of donations or for collecting, reporting, or remitting any taxes arising from any transaction.

Member Account, Password, and Security

Account Confidentiality and Security: You are responsible for maintaining the confidentiality of your password and account, if any, when using Puzzle Fund’s Services. You are fully responsible for all activities that occur under your account.

Security Measures: To ensure the security of your account, you agree to:

Immediate Notification: Promptly notify Puzzle Fund of any unauthorized use of your password or account or any other breach of security.
Secure Sign-Out: Ensure that you sign out from your account at the end of each session when accessing the Services.

Liability for Account Misuse: Puzzle Fund will not be liable for any loss or damage arising from your failure to comply with these security obligations.

reCAPTCHA Usage

Enhanced Security with reCAPTCHA: Puzzle Fund employs the reCAPTCHA service by BestWebSoft for user logins and reCAPTCHA v2 for form submissions to enhance the security of our platform. The use of reCAPTCHA helps us prevent spam and abuse by automated software.

Third-Party Policies: reCAPTCHA is subject to the privacy policy and terms of service of its provider. By using our services, you acknowledge and agree to these terms as they apply to the use of reCAPTCHA. For more information, you can refer to the BestWebSoft Privacy Policy and Terms of Service.

Modifications to Services

Right to Modify, Suspend, or Discontinue: Puzzle Fund reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason. This could include changes to features, functionalities, or the discontinuation of certain aspects of our platform.

Liability for Changes: To the extent permitted by applicable law, Puzzle Fund shall not be liable to you or any third party for any claims, damages, costs, or losses resulting from such modifications, suspensions, or discontinuation of Services.

Notice of Changes: While we will endeavor to provide advance notice of significant changes to the Services, this may not always be possible, especially in cases of unplanned outages, emergencies, or changes required by law.

Public Content and Display of Information

A. Public Content and User Information: Some activities and content shared on Puzzle Fund are public by nature. This includes:

User Content: Content you post publicly on the Platform, such as descriptions, texts, comments, photos, videos, and other materials.
User Profile Information: Your profile information, including your name, public email address, organization, biography, and other details, may be displayed to facilitate interaction within the Services.
Donations: As a donor, you have the option to publicly display your donation. To keep your donation private, select the appropriate privacy option during the donation process. However, the organizer and necessary parties will still have access to your donation details in line with our Privacy Notice.

B. Other Information: Content and information you provide in forums, comments, surveys, customer support communications, or other unsolicited submissions are potentially publicly accessible. By providing such information, you agree to its use and dissemination by Puzzle Fund for any purpose. This includes a grant to Puzzle Fund of a worldwide license to use, reproduce, modify, and exploit this content, subject to our Privacy Notice.

C. Preservation and Disclosure: Puzzle Fund may preserve and disclose User Content or Other Information if required by law or in the good-faith belief that such action is necessary to comply with legal processes, enforce these Terms of Service, respond to claims of rights violations, or protect the rights, property, or safety of Puzzle Fund, its users, or the public.

Third-Party Communications

A. Authority and Consent for Third-Party Data: When using any feature of Puzzle Fund’s Services that allows you to communicate with third parties (for instance, referring a third party to the Services or communicating about a fundraiser or a donation), and you submit third-party data to the Services or allow automatic access to third-party data in your possession, you affirm that:

You have the necessary authority and consent from the relevant third parties.
You have informed these third parties about how their information will be collected and used by Puzzle Fund to provide the Services.

B. Use of Third-Party Data: We may use third-party data to:

Contact the third party using the provided data.
Provide you with an editable template message to facilitate communication between you and the third party through our Services.

C. Communication and Opt-Out: In addition to initiating the above communications, Puzzle Fund may occasionally send reminders or related messages to you and third parties on your behalf, where permitted by applicable law. Any communication sent to third parties using their data will include an option to opt out of receiving further communications of a similar nature.

D. Disclosure of Referral Source: We reserve the right to identify you as the source of the referral in any messages sent to third parties.

Promotions on the Platform

Restrictions on Promotions: Puzzle Fund does not permit the offering of contests, competitions, rewards, giveaways, raffles, sweepstakes, or similar activities (collectively referred to as “Promotions”) in connection with any fundraising projects on the platform. This policy is in place to maintain the focus of our platform on fundraising for specific causes and to ensure compliance with various state and federal regulations governing such Promotions.

Sales Prohibited on the Platform

No Exchange of Goods or Services for Donations: Organizers are not permitted to offer any goods or services in exchange for donations made on Puzzle Fund. Our platform is designed for pure fundraising activities, where donations are made as gifts without any expectation of receiving something in return. This policy helps ensure that donations are made in the spirit of giving and align with the regulatory framework of charitable giving.

Data Retention

Retention and Deletion of Data: Puzzle Fund is not obligated to retain data related to user accounts or fundraising projects indefinitely. After the conclusion of a fundraiser, we reserve the right to delete historical data or terminate inactive accounts. This is subject to any data we may retain for legal obligations or for establishing, exercising, or defending legal claims.

Notice of Deletion: Whenever feasible, Puzzle Fund will attempt to provide reasonable notice to users prior to the deletion of accounts or data. However, please note that this may not always be possible in every circumstance.

Suspension and Deletion for Misuse: In cases where we suspect fraud, misuse of our Services, or a breach of these Terms of Service, Puzzle Fund may, at its discretion, suspend or delete user accounts and associated data at any time, with or without notice. To the extent permitted by applicable law, Puzzle Fund will not be liable for any claims, damages, costs, or losses resulting from such suspension or deletion.

Mobile Accessibility

Access via Mobile Devices: Puzzle Fund’s website is accessible on mobile devices. This allows users to interact with our platform through various mobile browsers, providing the flexibility to engage with our services on-the-go.

Standard Charges and Data Usage: When accessing Puzzle Fund on a mobile device, standard data rates and other fees from your wireless service carrier may apply. Users are responsible for such charges and should be aware of their mobile plan’s terms when using our services on mobile devices.

Website Functionality on Mobile: While we strive to provide a seamless experience across devices, some features of Puzzle Fund may operate differently on mobile devices compared to desktop access. We are committed to continuously improving mobile accessibility and functionality.

Future Mobile-Specific Services: Should Puzzle Fund introduce mobile-specific features in the future, such as a dedicated mobile application or text message communication services, additional terms and conditions may apply. We will update our users accordingly and ensure compliance with relevant laws and regulations.

Prohibited Conduct:

Users of Puzzle Fund are expected to use the Services responsibly and legally, and must not engage in any of the following activities:

Illegal or Fraudulent Fundraising: Engaging in activities that are unlawful or involve fraudulent representation or solicitation.
Misrepresentation: Misrepresenting the purpose or use of raised funds.
Infringement of Rights: Posting or transmitting content that infringes on intellectual property, privacy, or other rights.
Deceptive Practices: Participating in scams, spam, pyramid schemes, or similar deceptive practices.
Promotion of Harmful Activities: Using the platform to promote hate, violence, harassment, discrimination, or any other harmful conduct.
Impersonation and Unauthorized Access: Impersonating another individual or entity, or unauthorized access to other user accounts.

Discretionary Judgment of Puzzle Fund:

In addition to the above, Puzzle Fund reserves the right to determine, at our sole discretion, what constitutes prohibited conduct on our platform. We may take action against any activity or behavior that we deem inappropriate, harmful, or contrary to the spirit of our platform and community, even if it is not explicitly listed in this section.
Actions we may take in response to prohibited conduct include, but are not limited to, removal of content, suspension or termination of accounts, and cooperation with law enforcement authorities.

Our goal is to maintain a safe, trustworthy, and lawful environment for all users. We appreciate your cooperation in upholding these standards.

Responsibilities and Assurances for Donations

When making or accepting donations through Puzzle Fund, you agree to the following:

A. Donation Integrity: You will not make or accept any donations that you know or suspect to be erroneous, suspicious, or fraudulent.

B. Compliance with Sanctions: You will not use the Services in a way that benefits entities or individuals embargoed or blocked by government sanctions, including those listed by the United States Office of Foreign Asset Control (OFAC) or applicable sanctions in your country.

C. Security Measures: You commit to maintaining standard security measures to protect information transmitted and received through the Services, adhering to any required security procedures and controls.

D. Record-Keeping: You agree to maintain and, upon request, provide copies of all records related to fundraisers and donations to ensure compliance with these Terms of Service and applicable laws.

E. Cooperation in Investigations: At Puzzle Fund’s request, you will cooperate in auditing, investigating, and correcting any alleged or actual violations or wrongdoing related to any fundraisers or donations you are involved with.

Puzzle Fund reserves the right to refuse, condition, or suspend any transactions that may violate these terms, harm our users’ interests, or expose Puzzle Fund or others to unacceptable risks. We may share information related to your use of the Services with financial institutions, regulatory authorities, or law enforcement agencies in accordance with our Privacy Notice.

Donor Conduct and Donations

Payment Information: As a donor contributing to a fundraiser on Puzzle Fund, you will be required to provide information regarding your credit card or other payment instrument (“Payment Instrument”) that is linked to your account. By making a donation, you represent and warrant that:

The payment information you provide is true, current, and accurate.
You are authorized to use the specified Payment Instrument.

Donation Finality:

You acknowledge that a minimum donation amount may apply.
All donations are considered final and non-refundable unless Puzzle Fund, at its sole discretion, decides to issue a refund under special circumstances.

Use of Payment Processors:

Puzzle Fund utilizes third-party payment processing partners to process donations through your Payment Instrument.
By making a donation, you agree to the processing, use, transfer, or disclosure of your data by these Payment Processors in accordance with their terms of service and Puzzle Fund’s Terms of Service.
For current information on our Payment Processors and their terms of service, please refer to the ‘Payment Processors’ section below.

Organizers, Beneficiaries, and Account Holds

Circumstances for Account Holds: Puzzle Fund may, at times, place a hold on a fundraiser account (an “Account Hold”), restrict withdrawals, or take other actions in response to concerns about fraudulent or illegal activity, or significant breaches of these Terms of Service. These actions are taken to protect the interests of Puzzle Fund and its users.

Reasons for Account Holds: Account Holds or similar actions may be initiated for reasons including, but not limited to:

Suspicions or evidence that information provided by an Organizer is false, misleading, or fraudulent.
Indications that funds are being used in a prohibited manner.
Situations where funds should be directed to a party other than the Organizer, such as a legal beneficiary.
Violations of these Terms of Service by a Fundraiser or Organizer.
Evidence of collusion between Organizers and Donors to engage in fraudulent activities.
Suspicious or fraudulent donation activity.
Legal requirements, such as compliance with court orders, subpoenas, writs, injunctions, or applicable laws and regulations.

Resolution and Inquiries: If an Account Hold is placed on your fundraiser, Puzzle Fund will provide guidance on how to resolve the issue. For inquiries or more information about resolving an Account Hold, please contact our support team.

Withdrawing Donations from a Fundraiser

Withdrawal Process and Timing:

While Puzzle Fund aims to facilitate the prompt availability of withdrawals, there are factors that may affect this timing. These include the accuracy of user-provided information and the functioning of legal and technical systems.
Withdrawals may not be immediately available, and while we strive to process them as quickly as possible, we cannot guarantee specific timeframes.
Puzzle Fund disclaims any responsibility for delays in withdrawals or the inability to access funds at a specific time, and any consequences arising from such issues, to the extent permitted by applicable law.

Organizer and Beneficiary Responsibilities:

As an Organizer or Beneficiary, you are responsible for providing accurate and up-to-date information necessary for processing withdrawals, including bank account details.
It is essential to keep your financial information current to avoid delays in receiving funds.

Refunds Policy:

Puzzle Fund reserves the right to issue refunds of donations at any time, for any reason, without prior notice, and at its sole discretion. This may include issuing full refunds for all donations made to a specific fundraiser.
We are not liable for any claims, damages, costs, losses, or other consequences arising from issuing refunds, including transaction or overdraft fees.

Indicative Timescale for Withdrawals: If immediate withdrawal is not possible, Puzzle Fund will make commercially reasonable efforts to provide an indicative timescale for the availability of withdrawals.

Payment Processors

Stripe Connect as Primary Payment Processor: Puzzle Fund uses Stripe Connect to process donations for fundraisers and thereafter transfer them to the appropriate party. To withdraw funds from a fundraiser, an Organizer or Beneficiary (collectively referred to as “Withdrawing Entity”) will be required to provide Stripe Connect with information regarding their bank account (“Withdrawing Account”). As a Withdrawing Entity, you represent and warrant to Stripe Connect and Puzzle Fund that such information is accurate and that you are authorized to use the specified Withdrawing Account.

Agreement to Processor Terms: By setting up a fundraiser or accepting the role of Beneficiary, the Withdrawing Entity agrees to the processing, use, transfer, or disclosure of data by Stripe Connect in accordance with these Terms of Service as well as Stripe Connect’s terms of service https://stripe.com/ssa.

Responsibilities of Withdrawing Entity:

You are responsible for ensuring the accuracy and current status of the information provided to Stripe Connect for processing withdrawals.
Please note that all donations are subject to transaction fees as described in the Stripe Connect terms of service.

Stripe Connect’s Role:

Stripe Connect facilitates the transfer of donations from donors to the fundraiser’s intended recipient.
It is the responsibility of the Withdrawing Entity to ensure that the donations are used as described in the fundraiser.

Changes in Payment Processors: While Stripe Connect is currently our primary payment processor, Puzzle Fund reserves the right to partner with additional payment processors in the future. Any changes to our payment processing partners will be communicated to our users and reflected in our Terms of Service.

Intellectual Property Rights and Use of Services Content

Services Content Ownership and Restrictions:

You acknowledge that the content, features, and functionality of Puzzle Fund’s Services (collectively, “Services Content”) are protected by copyright, patent, trademark, trade secret, and other proprietary rights and laws.
Except as explicitly authorized by Puzzle Fund, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content, in whole or in part. This restriction does not apply to your own User Content that you legally upload to the Services.

Prohibited Use of Data and Technology:

In your use of the Services, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.
If you are blocked from accessing the Services (such as by IP address blocking), you agree not to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).

Software and Technology:

The technology and software underlying the Services or distributed in connection therewith (the “Software”) are the property of Puzzle Fund, our affiliates, and our partners.
You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of the Software. Furthermore, you agree not to sell, assign, sublicense, or otherwise transfer any right in the Software.

Reservation of Rights:

Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited.
All rights not expressly granted in these Terms of Service are reserved by Puzzle Fund.

Branding and Trademarks

Puzzle Fund Branding:

The Puzzle Fund name, logos, and any other product or service names associated with Puzzle Fund (collectively, the “Puzzle Fund Branding”) are trademarks and service marks of Puzzle Fund, even if not registered.
Other company, product, and service names and logos used in connection with our Services may be trademarks or service marks of their respective owners. The presence of these names and logos on our Services does not imply endorsement, affiliation, or connection with Puzzle Fund.

Use Restrictions:

Nothing in these Terms of Service or within the Services grants, either by implication, estoppel, or otherwise, any license or right to use any of Puzzle Fund Branding displayed on the Services without our prior written permission in each instance.
Unauthorized use of Puzzle Fund Branding or similar marks is strictly prohibited and may violate trademark law.

Goodwill: Any goodwill generated from the use of Puzzle Fund Branding will inure to the exclusive benefit of Puzzle Fund.

Third-Party Material

Limitation of Liability for Third-Party Content:

Puzzle Fund will not be liable for any content or materials provided by third parties, including users, or for any User Content. This includes, but is not limited to, liability for errors, inaccuracies, or omissions in User Content, or for any loss or damage of any kind incurred as a result of the use of such content.
You acknowledge that Puzzle Fund does not pre-screen User Content. However, we reserve the right, but not the obligation, to review, refuse, remove, or allow any User Content on the Services at any time, for any reason, and at our sole discretion.

Content Moderation:

While we may moderate content to ensure a safe and respectful platform, we are under no obligation to monitor or remove User Content unless required by law or in cases where content is deemed inappropriate or harmful.
Our actions or inaction regarding any User Content should not be interpreted as an endorsement, approval, or validation of such content.

User Responsibility:

As a user, you bear full responsibility for the content you submit, post, or display on Puzzle Fund.
You agree to exercise caution and discretion when interacting with or relying on any User Content.

Third-Party Material

Limitation of Liability for Third-Party Content:

Puzzle Fund will not be liable for any content or materials provided by third parties, including users, or for any User Content. This includes, but is not limited to, liability for errors, inaccuracies, or omissions in User Content, or for any loss or damage of any kind incurred as a result of the use of such content.
You acknowledge that Puzzle Fund does not pre-screen User Content. However, we reserve the right, but not the obligation, to review, refuse, remove, or allow any User Content on the Services at any time, for any reason, and at our sole discretion.

Content Moderation:

While we may moderate content to ensure a safe and respectful platform, we are under no obligation to monitor or remove User Content unless required by law or in cases where content is deemed inappropriate or harmful.
Our actions or inaction regarding any User Content should not be interpreted as an endorsement, approval, or validation of such content.

User Responsibility:

As a user, you bear full responsibility for the content you submit, post, or display on Puzzle Fund.
You agree to exercise caution and discretion when interacting with or relying on any User Content.

Services Content Availability and Moderation

Content Availability: While Puzzle Fund strives to provide a diverse range of content through our Services, we do not guarantee that all Services Content will always be available. The availability of content is subject to change, without guarantee and at our sole discretion.

Rights to Moderate Content:

To the extent permitted by applicable law, Puzzle Fund reserves the right, but not the obligation, to:

(a) Edit or Remove Content: Modify, edit, or remove any Services Content or User Content at any time, without prior notice, especially if such content is deemed illegal, inaccurate, misleading, infringes on intellectual property rights, constitutes Prohibited Conduct, or violates these Terms of Service. This includes action based on claims from third parties, authorities, or our concern regarding potential violations of these Terms.
(b) Block Content: Block or restrict access to any Services Content or User Content from the Services for the same reasons.

User Awareness and Compliance:

Users should be aware that Puzzle Fund may exercise these rights at any time, and by using our Services, you agree to comply with such modifications or removal of content.
We encourage users to report any content that they believe violates these Terms of Service or their legal rights.

Payment Processing and PCI Compliance

Stripe’s PCI Compliance:

Puzzle Fund uses Stripe, a third-party payment processor, to handle all credit card transactions. Stripe is compliant with the Payment Card Industry Data Security Standard (PCI DSS), ensuring a high level of security for credit card information.
While Puzzle Fund itself does not process, store, or have direct access to your credit card information, we rely on Stripe’s robust security measures and compliance to safeguard cardholder data.

Responsibility for Payment Security:

Users are encouraged to review Stripe’s security practices to understand how their payment information is handled.
Puzzle Fund maintains security measures to protect the rest of our users’ data in line with industry standards but does not directly handle or store credit card data.

Intellectual Property Infringement Procedure

Infringement Claims Handling: Puzzle Fund is committed to respecting intellectual property rights and will process and investigate notices of alleged infringement. We will take appropriate actions in accordance with the Digital Millennium Copyright Act (DMCA) or equivalent local laws regarding intellectual property infringements.

How to Report Infringement:

If you believe your intellectual property rights have been infringed, please send a notification of claimed infringement to our designated Copyright Agent.
Email: contact@puzzle-fund.com (Subject line: “Copyright/IP Infringement Notice”)
Or by mail at:

Puzzle Fund Copyright Agent
1410 Coco Pl.
Wentzville, MO 63385

Notification Requirements:

To be effective, your infringement notification must be written and include the following:

Your electronic or physical signature.
A description of the copyrighted work, trademark, or other intellectual property you claim has been infringed.
A description of where the infringing material is located on Puzzle Fund’s Services, with enough detail to allow us to locate it.
Your contact information, including address, telephone number, and email.
A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or authorized to act on their behalf.

Counter-Notice Procedure

Filing a Counter-Notice:

If you believe your content that was removed is not infringing, or you have authorization to use it, you may send a counter-notice to Puzzle Fund’s Copyright Agent.

Your counter-notice should include:
Your physical or electronic signature.
Identification of the content removed and its previous location.
A statement of good faith belief that the content was mistakenly removed.
Your contact details and a willingness to accept legal service from the original complainant.

Post-Counter-Notice Actions:

Upon receiving a counter-notice, Puzzle Fund may inform the original complainant, indicating the possibility of reinstating the content unless legal action is taken against you.

The content may be restored or access reinstated in 10 to 14 business days after receiving the counter-notice, at Puzzle Fund’s discretion, unless legal action is initiated.

Repeat Infringer Policy

Policy Overview:

In line with DMCA and other applicable laws, Puzzle Fund has a policy of terminating users who repeatedly infringe intellectual property rights.
We may, at our discretion, limit access to or terminate the services for users who infringe on intellectual property rights, regardless of repeat infringement.

Enforcement: Decisions to terminate or limit access will be made at Puzzle Fund’s discretion, based on the nature of the infringement and the user’s history.

Third-Party Websites and Services

Links to Third-Party Resources:

Puzzle Fund may contain links to other websites, services, and resources provided by third parties (collectively, “Third Party Resources”). These links are provided for your convenience only.
We have no control over the content or availability of these Third Party Resources and are not responsible for the content, privacy policies, or practices of any third party.

Disclaimer of Endorsement and Liability:

The inclusion of links to Third Party Resources does not imply endorsement of the linked content by Puzzle Fund. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Puzzle Fund is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources or as a result of any reliance placed by you on the completeness, accuracy, or existence of any content provided by third-party websites.

Interactions with Third Parties:

Any interactions or business dealings with third parties found on or through Puzzle Fund, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the third party.
Puzzle Fund does not endorse, warrant, or guarantee the products or services available through the Third Party Resources and is not a party to, and does not monitor, any transaction between users and third-party providers of products or services.

Indemnity and Release

User Obligations:

You agree to indemnify, defend (at Puzzle Fund’s request), and hold harmless Puzzle Fund, its affiliates, and their respective officers, directors, employees, and agents from and against all claims, damages, expenses (including reasonable attorneys’ fees), losses, and liabilities arising from or relating to:
Your use of Puzzle Fund’s Services.
Any donations or fundraisers you participate in or conduct through Puzzle Fund.
The User Content you provide or share.
Your breach of these Terms of Service.
Your violation of the rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights.

Puzzle Fund’s Right to Defense: Puzzle Fund retains the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such a case, you agree to cooperate with our defense of such claim and to reimburse Puzzle Fund for the reasonable costs of such defense.

Release: To the extent permitted by applicable law, you release Puzzle Fund and its affiliates from any and all claims, liabilities, damages, and expenses arising from or related to any actions or transactions occurring on or through the Puzzle Fund platform.

Specific Waivers:

If you are a resident of California, you waive the provisions of California Civil Code Section 1542, which states that a general release does not extend to certain claims not known or suspected at the time of executing the release.
If you are a resident of another jurisdiction, whether in or outside the United States, you similarly waive any comparable statute or doctrine, to the extent permitted by applicable law.

Disclaimer of Warranties

As-Is Basis: Your use of Puzzle Fund’s Services is at your own risk. The Services are provided on an “as is” and “as available” basis. Puzzle Fund and its affiliates expressly disclaim, to the fullest extent permitted by applicable law, all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

No Guarantee of Service Quality:

Without limiting the foregoing and to the extent permissible under applicable law, Puzzle Fund and its affiliates do not warrant or make any representations that:
(I) The Services will fully meet your personal or professional requirements.
(II) The Services will be uninterrupted, timely, secure, or error-free.
(III) The results or information obtained from using the Services will be accurate, reliable, or suitable for your purposes.
(IV) The quality of any products, services, information, or other material accessed or obtained through the Services will align with your expectations.

Limitation of Liability

Extent of Liability:

To the fullest extent permitted by applicable law, Puzzle Fund and its affiliates shall not be liable for any:
(I) Indirect, incidental, special, consequential, punitive, or exemplary damages.
(II) Loss of profits.
(III) Loss of goodwill.
(IV) Loss of use.
(V) Loss or corruption of data.
(VI) Other intangible losses, whether based on contract, tort (including negligence), strict liability, or otherwise.

Applicable Scenarios:

This limitation applies to damages arising from:
(A) Use or inability to use Puzzle Fund’s Services.
(B) Cost of procurement of substitute goods and services from using the Services.
(C) Any promotions or rewards made available through the Services.
(D) Unauthorized access to or alteration of your transmissions or data.
(E) Statements or conduct of any third party on the Services.
(F) Any other matter relating to the Services.

Cap on Liability: The maximum aggregate liability of Puzzle Fund towards you for all claims arising from the use of the Services, whether in contract, tort, or otherwise, shall not exceed the lesser of the total amount paid by you to Puzzle Fund in the six (6) months prior to the claim or one hundred U.S. dollars (US$100).

Jurisdictional Variations:

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of these limitations may not apply to you.
If you are dissatisfied with any aspect of the Services, your sole and exclusive remedy is to discontinue using Puzzle Fund’s Services.

Dispute Resolution – Mediation and Arbitration Clause & Class Action Waiver

Mediation and Arbitration Agreement:

By using Puzzle Fund’s Services, you agree to first attempt to resolve any disputes through mediation. If mediation does not successfully resolve the dispute, then the issue will be settled through binding, individual arbitration.
Both you and Puzzle Fund expressly waive the right to a trial by jury for disputes that proceed to arbitration. This waiver includes limited discovery and appeal rights, as compared to a court, and other rights that might be available in court may not be available in arbitration.

Class Action Waiver: You and Puzzle Fund agree that any claims will be brought only in an individual capacity, and not as a plaintiff or class member in any class or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding unless both parties agree otherwise.

Mediation Process:

Before initiating arbitration, the disputing parties must attempt to resolve the issue through mediation. Mediation will be conducted under mutually agreed upon rules and facilitated by a neutral mediator.
If the dispute is not resolved within 60 days of initiating mediation, either party may then proceed to arbitration.

Arbitration Process:

Arbitrations will be conducted under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms of Service. The AAA Rules and filing forms are available at www.adr.org.
Puzzle Fund’s address for Notice of Arbitration is:

Puzzle Fund
1410 Coco Pl.
Wentzville, MO 63385

Responsibility for Arbitration Fees: Each party is responsible for their own arbitration fees, regardless of the claim amount.

No Class Actions: Claims must be brought in an individual capacity, not as part of a class or representative proceeding.

Modifications to Arbitration Provision: Any future changes to this arbitration provision can be rejected by sending written notice within 30 days of the change to Puzzle Fund’s address for Notice of Arbitration. Rejecting changes results in termination of your account with Puzzle Fund and the reversion to the arbitration provision in effect prior to the changes.

Enforceability: If any part of this Disputes section is found unenforceable, then the entire Disputes section will be null and void, and the exclusive jurisdiction and venue described elsewhere in these Terms of Service will govern any action related to these Terms.

Confidentiality of Proceedings: Both parties agree to keep mediation and arbitration proceedings confidential, unless disclosure is required by law or requested by law enforcement or any court or governmental body.

Termination

Puzzle Fund’s Right to Terminate:

Puzzle Fund reserves the right to suspend or terminate your account, or your access to the Services at any time, for reasons including, but not limited to, concerns of fraudulent or illegal activity, or a material breach of these Terms of Service.
In such cases, we may also remove or discard any User Content or data associated with your account.
This action can be taken at Puzzle Fund’s discretion and to the extent permitted by applicable law, without liability to you or any third party for any claims, damages, costs, or losses resulting from such termination or suspension.

User Disputes

Responsibility for Interactions:

You are solely responsible for your interactions with other users on Puzzle Fund’s platform. This includes any disputes that may arise from those interactions.
Puzzle Fund is not liable for any issues that occur between users within the context of using the Services.

Puzzle Fund’s Involvement: While Puzzle Fund reserves the right to intervene or assist in resolving disputes between users, we have no obligation to do so. Our involvement in such disputes is at our sole discretion.

General Provisions

Entire Agreement:

These Terms of Service constitute the entire agreement between you and Puzzle Fund, governing your use of the Services. They supersede any prior agreements between you and Puzzle Fund regarding the Services.
You may also be subject to additional terms when you use affiliate services, third-party content, or third-party software.

Governing Law:

For Users outside the United Kingdom, European Economic Area, and Switzerland: These Terms of Service will be governed by the laws of [Your State] without regard to its conflict of law provisions. Disputes not subject to arbitration will be submitted to the exclusive jurisdiction of the state and federal courts located within [Your Jurisdiction].
For Users in the United Kingdom, European Economic Area, and Switzerland: Refer to the “Disputes” section for governing laws and dispute resolution.

Waiver and Severability:

The failure of Puzzle Fund to exercise or enforce any right or provision in these Terms of Service does not constitute a waiver of such right or provision.
If any provision of these Terms of Service is found invalid by a court of competent jurisdiction, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions remain in full force and effect.

Time Limitation on Claims: You agree that, unless prohibited by law, any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

Assignment and Transfer: These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Puzzle Fund without restriction, including without limitation in connection with a merger, acquisition, or sale of assets.

Notices and Communication: Notices to you may be made via email or regular mail. Puzzle Fund may also provide notices of changes to these Terms or other matters by displaying such notices or links to notices on the Platform.

Force Majeure: Puzzle Fund shall not be liable for any failure to perform due to causes beyond its reasonable control, including natural disasters, acts of war or terrorism, riots, embargos, acts of civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials.

Privacy Notice

Commitment to Privacy: Puzzle Fund is committed to protecting the privacy of our users. We understand the importance of privacy and are dedicated to handling personal data responsibly and in accordance with applicable data protection laws.

Privacy Policy Reference: For detailed information about how we collect, use, and share personal data, please refer to our privacy policy at www.puzzle-fund.com/privacy. This policy provides comprehensive details on our data practices and the choices available to you.

User Acknowledgment: By using Puzzle Fund’s Services, you acknowledge and agree to our collection, use, and sharing of your personal data as outlined in our Privacy Policy. We encourage you to review the policy to understand our practices and your rights regarding your personal data.

If you have any questions about our Terms, please contact us at contact@puzzle-fund.com