Terms of Service

Upfoundly.com

Last Updated: December 9, 2025

1. Acceptance of Terms

By accessing or using the Upfoundly website, mobile applications, and related services (collectively, the “Platform”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use the Platform.

2. Platform Description

Upfoundly (“Upfoundly,” “we,” “us,” or “our”) is a global crowdfunding platform that enables individuals, groups, and organizations (“Campaign Creators”) to create fundraising campaigns and receive contributions (“Donations”) from users (“Donors”). Upfoundly provides the technology to connect Campaign Creators and Donors but does not itself run, manage, or fulfill the campaigns.

3. Eligibility

You may use the Platform only if:

• You are at least 18 years of age, or the age of majority in your jurisdiction;
• You have the legal capacity to enter into a binding contract; and
• You provide accurate and complete registration information.

4. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

5. Campaign Rules

Campaign Creators agree that:

• All information provided about a campaign is truthful, accurate, and not misleading;
• Campaign funds will be used solely for the purposes described in the campaign;
• They will comply with all applicable laws and regulations; and
• They will fulfill any rewards or obligations described in the campaign, where applicable.

Campaigns must not involve, promote, or support:

• Illegal activities or products;
• Fraud, scams, or misrepresentation;
• Hate, discrimination, or extremism;
• Weapons, human trafficking, or exploitation; or
• Gambling, illicit drugs, or any other prohibited activities.

Upfoundly may, at its sole discretion, refuse, suspend, or remove any campaign that it believes violates these Terms or may harm the reputation or security of the Platform or its users.

6. Donations

Donations are voluntary contributions made by Donors to Campaign Creators. Unless otherwise required by law, Donations are generally non-refundable. Upfoundly does not guarantee that:

• Any campaign will achieve its funding goal;
• Campaign Creators will use funds as described; or
• Any products, services, or rewards will be delivered.

Any disputes regarding the use of funds or campaign fulfillment are between Donors and Campaign Creators. Upfoundly may, but is not obligated to, assist in resolving disputes.

7. Fees

Upfoundly may charge fees to Campaign Creators and/or Donors, including platform service fees and payment processing fees. Applicable fees will be disclosed on the Platform before a Donation is completed or a campaign is launched. By using the Platform, you agree to the applicable fees.

8. Verification and Risk

Upfoundly may perform identity, fraud, and compliance checks on users and campaigns. However, such checks do not constitute a guarantee of the legitimacy, safety, or success of any campaign. You acknowledge that backing or creating a campaign involves risk and you agree to conduct your own due diligence.

9. Payment Processing

Payments are processed by third-party payment service providers. By making a Donation or withdrawing funds, you agree to be bound by the terms and privacy policies of those providers. Upfoundly does not store full credit card numbers or other highly sensitive payment credentials on its own servers.

10. User Content

You retain ownership of the text, images, videos, and other content you submit or upload (“User Content”). By submitting User Content, you grant Upfoundly a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform the User Content in connection with operating, promoting, and improving the Platform.

You represent and warrant that you own or have the necessary rights to your User Content and that it does not infringe or violate any third-party rights.

11. Prohibited Conduct

You agree not to:

• Use the Platform for any unlawful purpose;
• Impersonate another person or entity;
• Interfere with or disrupt the operation of the Platform;
• Upload malicious code, viruses, or harmful scripts;
• Scrape, crawl, or data-mine the Platform without our consent; or
• Circumvent security or access-control mechanisms.

12. Account Suspension and Termination

We may suspend or terminate your access to the Platform at any time, with or without notice, if we believe you have violated these Terms, engaged in fraud, or otherwise posed a risk to the Platform or its users. Upon termination, your right to use the Platform will immediately cease.

13. Intellectual Property

The Platform, including all software, design, logos, trademarks, and content (except User Content), are owned by or licensed to Upfoundly and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Platform without our prior written consent.

14. Disclaimer of Warranties

The Platform is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Upfoundly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

15. Limitation of Liability

To the maximum extent permitted by law, Upfoundly, its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, special, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Platform;
• Any conduct or content of any third party on the Platform;
• Any content obtained from the Platform; or
• Unauthorized access, use, or alteration of your transmissions or content.

In no event shall Upfoundly’s total liability exceed the greater of (a) the total platform fees we received from you in connection with the event giving rise to the claim, or (b) one hundred U.S. dollars (USD $100).

16. Indemnification

You agree to indemnify, defend, and hold harmless Upfoundly and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with:

• Your access to or use of the Platform;
• Your User Content;
• Your violation of these Terms; or
• Your violation of any rights of another party.

17. Dispute Resolution

Before initiating formal legal proceedings, you agree to first contact Upfoundly at legal@upfoundly.com to attempt to resolve the dispute informally. If we cannot resolve the dispute within a reasonable time, the matter may be submitted to binding arbitration or to the courts, as determined by applicable law. To the extent permitted by law, you and Upfoundly agree that any proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

18. Governing Law

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of Mauritius, without regard to its conflict of law principles, unless otherwise required by the mandatory laws of another jurisdiction.

19. Changes to These Terms

We may modify these Terms from time to time. When we do, we will update the “Last Updated” date at the top of this page. Your continued use of the Platform after any changes become effective constitutes your acceptance of the revised Terms.

20. Contact Us

If you have any questions about these Terms, please contact us at: legal@upfoundly.com.