U.S. TERMS AND CONDITIONS OF USE AND SERVICE

These Terms constitute a binding contract between you and Kindbee Corp., a Delaware corporation ("Kindbee," "we," "us," or "our"). If you do not agree to these Terms, you may not access or use the Platform or Services.

A User may act in one or more capacities, including as an Organizer, Contributor, Beneficiary, Payout Recipient, or other account holder. The provisions applicable to each capacity apply whenever the User acts in that capacity. By creating, submitting, or publishing a Fundraiser, an Organizer affirmatively accepts the General Terms and the Organizer Terms. By making or attempting to make a Contribution, a Contributor affirmatively accepts the General Terms, the Contributor Terms, and the payment and refund provisions applicable to that transaction. By accepting a Beneficiary designation, establishing or using a Connected Account, or requesting or receiving a payout, a Beneficiary or Payout Recipient affirmatively accepts the General Terms and the Beneficiary and Payout Recipient Terms. Each such acceptance applies to the version of these Terms presented or linked at the applicable point of assent.

Certain features may be subject to additional terms, disclosures, eligibility criteria, limits, or instructions displayed on the Platform before the relevant action. Those terms form part of these Terms upon your use of the applicable feature. If a supplemental term expressly conflicts with these Terms, the supplemental term controls solely with respect to the applicable feature or transaction.

Kindbee’s Privacy Policy and any applicable notice at collection describe how Kindbee collects, uses, discloses, retains, and protects personal information. The Privacy Policy is incorporated by reference for purposes of describing the Services, but it is a separate privacy notice and does not limit any rights that cannot lawfully be limited by contract.

Acceptance of these Terms does not, by itself, constitute consent to receive marketing emails or text messages. Any consent to marketing communications will be requested separately where required by law.

You must be at least eighteen (18) years old and legally capable of entering into a binding contract to create or administer an Account or Fundraiser, serve as a Beneficiary or Payout Recipient, request a payout, or make a Contribution in your own name. A parent or legal guardian may create a Fundraiser for a minor and may make a Contribution on behalf of a minor. The Platform is not directed to children under thirteen (13), and children under thirteen may not submit personal information directly to Kindbee.

If you use the Platform on behalf of an entity, Beneficiary, family member, organization, or other person, you represent and warrant that you have full authority to bind that person or entity and to provide all information and permissions required by these Terms. Kindbee may require evidence of that authority at any time.

You may not use the Platform if you are prohibited from doing so under applicable law, are located in or ordinarily resident in a comprehensively sanctioned jurisdiction, are identified on an applicable government sanctions or restricted-party list, or are otherwise ineligible under the Payment Partner’s rules.

The Services governed by these Terms are offered by Kindbee for the United States market. Kindbee may limit availability by state, territory, payment method, currency, or User category and may decline to offer any feature where legal, regulatory, operational, or risk considerations so require.

Kindbee Corp. independently operates the U.S. Platform at www.kindbee.com and is the sole contracting party providing the Services under these Terms.

Tribee SAS is Kindbee’s parent company and may provide Kindbee with technology, hosting, administrative, support, compliance, or other intercompany services. Tribee SAS is not a party to these Terms, does not operate or contract with Users for the U.S. Platform, does not receive, hold, control, or transmit Contributions or Fundraiser proceeds, and, to the maximum extent permitted by law, assumes no contractual, fiduciary, financial, or other obligation or liability to any User. No User acquires any right, claim, or recourse against Tribee SAS merely because Tribee SAS provides services to Kindbee.

Kindbee provides technology, communications, moderation, and administrative tools that enable Users to create private Fundraisers, invite Contributors, communicate about Fundraisers, and connect with the Payment Partner. Kindbee is not a bank, credit union, money transmitter, payment institution, escrow agent, trustee, fiduciary, investment adviser, broker, insurer, charity, professional fundraiser, or guarantor of any Fundraiser or User.

Kindbee does not accept Contributions for transmission in its own name, does not maintain a pooled or master account containing User funds, does not take legal or beneficial title to Fundraiser proceeds, and does not have legal or constructive ownership or control over funds held or processed by the Payment Partner. Funds are processed through the Payment Partner for the applicable Connected Account and Payout Recipient.

Kindbee does not endorse any Fundraiser, Organizer, Beneficiary, Payout Recipient, statement, purpose, or proposed use of funds. Review, verification, moderation, publication, suspension, or continued availability of a Fundraiser does not constitute an endorsement, warranty, certification, or guarantee of accuracy, legitimacy, safety, legality, outcome, or use of proceeds.

You must provide complete, current, and accurate information and promptly update it if it changes. Kindbee may require verification of your email address, telephone number, identity, authority, or other Account information before activating an Account or permitting use of a feature. You may not impersonate another person, use misleading identifying information, create an Account for an unauthorized person, conceal your identity, or provide false, altered, forged, or stolen documents.

You are responsible for maintaining the confidentiality and security of your Account credentials and for all activity conducted through your Account, except to the extent caused by Kindbee’s failure to exercise reasonable security measures. You must promptly notify Kindbee through the support channels made available on the Platform if you suspect unauthorized access or use.

Unless Kindbee expressly authorizes otherwise in writing, each natural person may maintain only one Account. Accounts and Connected Accounts are personal to the verified account holder and may not be sold, assigned, leased, sublicensed, shared, or transferred. Kindbee may suspend duplicate or related Accounts and may require re-verification following a material change in ownership, control, identity, contact information, or payout information.

Kindbee and the Payment Partner may require identity, address, entity, bank-account ownership, Beneficiary, source-of-funds, use-of-funds, sanctions, fraud, or other verification before or after a Fundraiser is published, a Contribution is accepted, or a payout is made. Failure to cooperate may result in suspension, removal, cancellation, refund, or termination.

A User may request deactivation or deletion of an Account through the support or privacy-request channel made available on the Platform. Kindbee may require identity verification before acting on the request and may retain or restrict deletion of information reasonably necessary for active Fundraisers, Contributions, payouts, refunds, chargebacks, fraud prevention, sanctions screening, legal holds, disputes, security, tax or regulatory obligations, and other purposes described in the Privacy Policy. Deactivation or deletion does not cancel accrued obligations or require deletion where retention is permitted or required by law.

The Organizer is solely responsible for the creation, administration, accuracy, legality, and management of the Fundraiser and for compliance with these Terms, applicable law, the Payment Partner’s terms, and all disclosures made to Contributors. Creating an Account or Fundraiser is free and requires no payment to Kindbee. The Organizer must accurately complete all fields required by the Platform, which may include the Fundraiser type, stated purpose, Beneficiary, Payout Recipient, description, image, target amount, anticipated end date, and intended use of proceeds.

By creating or administering a Fundraiser, the Organizer represents, warrants, and covenants that:

• all Fundraiser Content is truthful, current, complete, not misleading, and supported by a reasonable factual basis;
• all persons, names, images, stories, medical circumstances, events, expenses, relationships, and uses of funds described in the Fundraiser are genuine and accurately presented;
• no material fact has been omitted where the omission would make the Fundraiser misleading;
• the Organizer has all permissions, consents, releases, licenses, and authority necessary to create the Fundraiser, identify any Beneficiary, use all Fundraiser Content, receive or direct the use of proceeds, and provide information to Kindbee and the Payment Partner;
• the Fundraiser is created for a lawful, bona fide purpose and not to disguise a sale, investment, loan, wagering activity, money transmission arrangement, or prohibited transaction;
• proceeds will be used solely for the purpose stated on the Fundraiser page or otherwise clearly disclosed to Contributors;
• no Contributor will be promised repayment, interest, profit, equity, revenue share, ownership, securities, goods, services, prizes, chances to win, or other financial or commercial consideration in exchange for a Contribution;
• all material changes will be promptly disclosed to Kindbee and, where required, to Contributors; and
• all tax, reporting, licensing, authorization, and legal obligations applicable to the Organizer, Beneficiary, Payout Recipient, or use of proceeds will be satisfied.

Unless Kindbee expressly authorizes otherwise in writing under a separate legally compliant program, Fundraisers must remain private, invitation-based, and accessible only through their unique Fundraiser links. An Organizer may share the link directly with intended personal, professional, family, community, or other appropriate contacts, but may not publish it on an unrestricted public website or forum, purchase public advertising for it, distribute it through indiscriminate or bulk solicitation, request public promotion by Kindbee, or take steps intended to cause public indexing or general discovery. Kindbee does not index, advertise, promote, or publicly feature Phase 1 Fundraisers and may use technical measures to restrict search-engine indexing and public discovery.

Subject to these Terms and Kindbee’s approval, Fundraisers may be created for bona fide personal support, gifts, family needs, medical or funeral expenses, emergencies, education, travel, events, group gifts, community support, and legitimate business, club, or association needs that are not presented as charitable or tax-deductible solicitations. Kindbee may approve, reject, limit, or reclassify any purpose based on legal, regulatory, fraud, payment, safety, or reputational risk.

After the first Contribution is received, the Organizer may not materially change the Fundraiser’s purpose, use of proceeds, Payout Recipient, or Beneficiary without Kindbee’s prior approval. Except for a non-substantive correction that does not affect a Contributor’s decision, an approved material change will be subject to appropriate re-verification and sanctions screening, an updated disclosure on the Fundraiser page, notice to affected Contributors, and a reasonable opportunity to request a refund before the affected funds are paid out. The Organizer may not make a change that would cause the Fundraiser to become misleading, unlawful, or materially different from the basis on which Contributions were made.

The Organizer must maintain records reasonably sufficient to substantiate the Fundraiser and use of proceeds and must provide accurate updates where circumstances materially change. Kindbee may retain an audit trail of Fundraiser edits, Beneficiary changes, payout requests, documents, and communications.

The Organizer is not Kindbee’s employee, agent, partner, joint venturer, representative, or fiduciary. The Organizer may not state or imply that Kindbee sponsors, endorses, guarantees, manages, or is responsible for the Fundraiser or use of proceeds.

A target amount or anticipated end date is informational unless the Platform expressly states otherwise. Failure to reach a target does not, by itself, require a refund or prevent payout. An Organizer may request closure or cancellation through the Platform, subject to Sections 11 and 12. Kindbee may close or archive an inactive Fundraiser after reasonable notice and may require updated verification before permitting further Contributions or payouts.

Before a Fundraiser may accept Contributions, the intended Payout Recipient must have established a Connected Account in that person’s or entity’s own legal name and completed the initial onboarding, identity, sanctions, and other verification requirements imposed at that stage by the Payment Partner and Kindbee. The Payout Recipient must maintain that Connected Account throughout the Fundraiser and complete all additional or updated requirements before any payout. If the Organizer will receive proceeds for a surprise Fundraiser or for another Beneficiary, the Organizer must be the verified Connected Account holder and Payout Recipient, and that arrangement must be accurately disclosed.

If the Organizer creates a Fundraiser for a Beneficiary other than the Organizer, the Fundraiser page must accurately identify whether proceeds will be paid directly to the Beneficiary or paid to the Organizer to be transferred or applied for the Beneficiary’s benefit. A Beneficiary designated to receive proceeds directly must accept the designation and establish a Connected Account before the Fundraiser accepts Contributions. Kindbee may require a declaration or supporting information concerning the Organizer’s authority and relationship to the Beneficiary, but Kindbee does not adjudicate the personal legitimacy of that relationship.

For a bona fide surprise Fundraiser, Kindbee may permit the Organizer to remain the Payout Recipient and receive proceeds through the Organizer’s Connected Account, provided the Fundraiser clearly states that the Organizer, rather than the Beneficiary, will receive the proceeds and the Organizer irrevocably undertakes to transfer or use the proceeds for the stated Beneficiary and purpose. Kindbee does not supervise or guarantee any transfer occurring after payout.

A separately designated Beneficiary that is expected to receive proceeds directly must complete required onboarding within thirty (30) calendar days after Kindbee or the Payment Partner first requests completion, unless Kindbee grants an extension. The Fundraiser may not accept Contributions for direct payout to that Beneficiary until the required initial onboarding is complete. If onboarding is not completed, Kindbee may remove the Beneficiary designation, permit the Organizer to remain the Payout Recipient only where that result is accurately disclosed and legally appropriate, cancel the Fundraiser, or instruct the Payment Partner to refund Available Funds.

Each Beneficiary and Payout Recipient represents, warrants, and covenants that the person’s identity, relationship to the Fundraiser, authority, bank information, tax information, and intended use of proceeds are accurate; that the person is legally eligible to receive the proceeds; that the proceeds will not be used for a prohibited purpose; and that the person will promptly return any amount received through fraud, mistake, duplicate payment, chargeback, reversal, legal process, or violation of these Terms.

If the sole Organizer or the intended Beneficiary or Payout Recipient dies before payout, Kindbee will ordinarily cancel the Fundraiser and instruct the Payment Partner to refund Available Funds to Contributors. Kindbee may instead approve a lawful personal representative, guardian, successor, or substitute Payout Recipient only where the substitution is adequately documented, remains consistent with the stated Fundraiser purpose, and affected Contributors receive notice and a reasonable refund opportunity before payout. If a person becomes incapacitated, cannot be located, becomes ineligible, or cannot complete verification, Kindbee may require documentation, cancel the Fundraiser, or instruct the Payment Partner to refund Available Funds. Kindbee is not required to adjudicate inheritance, family, probate, guardianship, ownership, or other private disputes.

Each Contribution is a voluntary payment made for the stated Fundraiser purpose. A Contribution is not a purchase of goods or services, a deposit, loan, investment, security, ownership interest, charitable donation for tax purposes, or payment in exchange for a financial return, reward, prize, or enforceable benefit.

The Contributor is responsible for reviewing the Fundraiser page, Organizer identity, Payout Recipient disclosure, purpose, updates, fees, refund terms, and other available information before contributing. The Contributor must use independent judgment and may not rely on Kindbee as having verified or guaranteed the truth, safety, legality, tax treatment, success, or use of proceeds.

By submitting a Contribution, the Contributor authorizes the Payment Partner to charge the selected payment method for the total amount displayed before final confirmation, including the Contribution, any affirmatively selected Optional Contribution, and any clearly disclosed third-party or international-card charge. The Contributor represents that the Contributor is authorized to use the payment method and that all payment and identifying information is accurate.

Except for rights expressly provided by these Terms or applicable law, a Contributor does not acquire ownership of, control over, or a right to direct the Fundraiser, Organizer, Beneficiary, Payout Recipient, or use of proceeds. A Contributor’s disagreement with a lawful decision made after an accurately disclosed payout does not, by itself, create a refund right.

The Platform may allow a Contributor to choose whether the Contributor’s display name or Contribution amount appears to other Users. Any such display preference does not make the Contribution anonymous to Kindbee, the Payment Partner, law enforcement, or other persons entitled to receive the information. Contributor messages are User Content and must comply with these Terms.

A Contributor must use chargeback, payment-dispute, and fraud-reporting rights in good faith. Filing a false, duplicative, or abusive chargeback, or falsely claiming that an authorized Contribution was unauthorized, may result in suspension, liability for resulting costs, and referral to the Payment Partner or authorities.

Contributions may be made only through payment methods displayed and accepted by the Payment Partner on the Platform. Kindbee does not accept cash, checks, money orders, or direct wire transfers from Contributors and does not authorize an Organizer to collect off-Platform payments in Kindbee’s name. A User must not use a Fundraiser link, message, or update to redirect Contributors to an unauthorized payment channel.

Payment processing, Connected Account establishment, fund holding, regulated payment services, card or bank authorization, settlement, reserves, reversals, and payouts are provided by Stripe and other Payment Partners under separate terms accepted by the applicable User. Kindbee is not a party to the contractual relationship between a Connected Account holder and the Payment Partner with respect to regulated payment services.

The applicable Organizer, Beneficiary, or other Payout Recipient must hold a Connected Account in that person’s or entity’s own name before the Fundraiser accepts Contributions. The Payment Partner contracts directly with the Connected Account holder, receives and processes Contributions for that Connected Account, and is responsible for the regulated payment services it provides. Kindbee may transmit technical instructions or information through the Payment Partner’s application programming interfaces and may prepare requests for review, refund, reversal, or payout, but the Payment Partner makes the regulated payment decision and Kindbee does not receive, hold, own, or independently transmit Fundraiser proceeds.

The Payment Partner may accept, decline, delay, reverse, refund, hold, reserve, restrict, investigate, or suspend a payment, Connected Account, or payout under its own terms, legal obligations, risk controls, or payment-network rules. Kindbee cannot override the Payment Partner’s decision and is not liable for a Payment Partner action or omission.

Payment card and bank-account information is submitted to and processed by the Payment Partner through PCI DSS-compliant systems and tokenization or equivalent controls. Kindbee does not intentionally store full payment card numbers, card verification codes, or complete bank credentials on its own servers.

Available payment methods, currencies, contribution limits, payout limits, processing times, and other transaction conditions may vary and will be displayed on the Platform or by the Payment Partner. Kindbee may change or restrict those features at any time for legal, risk, operational, or commercial reasons.

Kindbee does not charge a mandatory percentage-based platform fee to create a Fundraiser or make a Contribution. Kindbee absorbs the standard payment-processing charges applicable to U.S.-issued domestic cards. Additional charges associated with non-U.S.-issued cards, foreign currency, exceptional payment methods, refunds, chargebacks, or other non-standard circumstances are governed by Sections 10.3, 10.4, and 12 and must be disclosed as provided there.

Kindbee may invite a Contributor to make an Optional Contribution when submitting a Contribution and may invite an Organizer, Beneficiary, or Payout Recipient to make an Optional Contribution when requesting a payout or using another clearly identified feature. Every Optional Contribution must be separately and clearly identified as an “Optional Contribution to Kindbee to Support the Platform,” must default to zero dollars ($0), must require a separate affirmative selection by the User, and must not be represented as part of the associated Fundraiser or as benefiting the Organizer or Beneficiary. The zero-dollar option will be at least as visually prominent and as easy to select as any positive-payment option, including with respect to font, size, color, placement, and number of steps. Kindbee will not use preselected amounts, hidden, disabled, grayed-out, or smaller zero-dollar choices, repeated confirmation prompts, guilt-framing language, shaming, urgency, misleading button hierarchy, or other design features that interfere with a User’s free and informed choice not to make an Optional Contribution.

A payment made with a non-U.S.-issued card, foreign currency, or other non-standard payment method may be subject to an international-card, foreign-exchange, network, bank, or other third-party charge. If Kindbee passes through any such charge, the Platform will use available card-origin or equivalent payment-method information to identify the charge as soon as reasonably practicable after the payment method is entered. Before the User can activate the final payment-confirmation control, the payment summary will dynamically display the applicable percentage, the exact dollar amount of the Platform-imposed charge, and the updated total amount to be charged. A User’s own bank or card issuer may impose separate charges beyond Kindbee’s control.

Before a payment is finalized, the Platform will clearly and conspicuously display the Contribution amount, the Optional Contribution amount, each applicable Platform-imposed processing, international-card, or other mandatory charge, any applicable tax or government-imposed amount, and the complete total amount that the User will be charged through the Platform. Any amount that applicable law permits to be excluded from an earlier advertised price will nonetheless be separately disclosed and included in the complete total before final authorization. The User must review and affirmatively authorize that total, and the final confirmation control will not be enabled until the payment summary has been updated to reflect the payment method then selected. Kindbee will not use hidden fees, drip pricing, preselected charges, or progressively disclosed mandatory amounts.

Any statement that the Platform has no Kindbee platform fee or no mandatory Kindbee commission is subject to clearly disclosed third-party, international-card, foreign-exchange, chargeback, refund, or payment-network costs that may apply in a particular transaction.

A payout is subject to completion of all Kindbee and Payment Partner verification, absence of a hold or legal restriction, availability of funds, compliance with these Terms, and satisfaction of any displayed payout conditions. Publication of a Fundraiser or receipt of Contributions does not guarantee a payout.

Payouts may be made only by the Payment Partner to the verified bank account or other permitted destination associated with the Payout Recipient’s Connected Account. Kindbee may require confirmation of bank-account ownership or updated information before a payout request is submitted or processed.

Any estimated payout timing is informational and not guaranteed. The Payment Partner may delay payout for settlement, verification, reserve, fraud, sanctions, chargeback, legal, or operational reasons. Kindbee may permit or restrict partial payouts, early payouts, or multiple payouts as displayed on the Platform and may suspend them where risk increases.

If a payout fails, is returned, or cannot be completed, the Payout Recipient must promptly provide corrected information. Kindbee may cancel the payout request, require re-verification, designate an alternative lawful recipient, or instruct the Payment Partner to refund Available Funds after a reasonable period.

No User is entitled to interest, earnings, yield, or other return on funds processed or held by the Payment Partner in connection with the Platform, except to the extent non-waivable law provides otherwise.

An Organizer may request cancellation of a Fundraiser, but cancellation is subject to Kindbee’s review, the status of Contributions and payouts, and the Payment Partner’s rules. Kindbee may cancel a Fundraiser at any time for violation of these Terms, legal or regulatory risk, fraud or sanctions concerns, failed verification, unavailability of the Beneficiary or Payout Recipient, or other material risk.

Kindbee may instruct the Payment Partner to refund all or part of a Contribution where a payment is duplicate, unauthorized, technically erroneous, rejected, reversed, or disputed; a Fundraiser is cancelled before payout; the sole Organizer or intended Beneficiary or Payout Recipient dies before payout; required onboarding is not completed; a Fundraiser violates these Terms; the stated Beneficiary cannot receive funds; a material change was made without proper notice; or a refund is required by law, court order, government request, Payment Partner rules, or payment-network requirements.

A Contributor may request a refund of a Contribution within fourteen (14) calendar days after the Contribution, provided the applicable Fundraiser proceeds have not been paid out. Subject to verification of the request and the Payment Partner’s processing requirements, Kindbee will instruct the Payment Partner to refund the Contribution and any associated Optional Contribution to the original payment method. A clearly disclosed international-card, foreign-exchange, network, or other third-party charge may be nonrefundable to the extent it is not recovered from the third party. After the fourteen-day period but before payout, a Contributor may still request a refund, which Kindbee may evaluate in light of the reason, timing, availability of funds, fraud and chargeback risk, Fundraiser disclosures, rights of the Organizer and Beneficiary, and Payment Partner rules. Nothing in this Section limits non-waivable statutory or payment-network rights.

After Fundraiser proceeds have been paid out, Contributions are generally final and may no longer be available for refund. Kindbee may seek return of proceeds from an Organizer, Beneficiary, or Payout Recipient, but does not guarantee recovery and is not required to advance its own funds to provide a refund except as expressly stated in Section 13 or required by law.

Except for a full Optional Contribution refund under Section 12.6, Kindbee does not impose a percentage-based cancellation penalty. To the extent clearly disclosed and permitted by law, a refund or cancellation may be reduced by actual, nonrecoverable third-party payment-processing, refund-processing, foreign-exchange, network, or bank costs. Kindbee may waive such costs in its discretion, including for death, emergency, force majeure, or first-time events.

A User may request a full refund of an Optional Contribution paid directly to Kindbee within fourteen (14) calendar days after the charge, without being required to establish fraud, error, defect, or other cause. Kindbee may require only reasonable information necessary to identify the transaction and will return the Optional Contribution to the original payment method. This Section does not limit any longer or additional non-waivable refund right under applicable law.

The Organizer, Beneficiary, and Payout Recipient are responsible for chargebacks, reversals, refunds, fines, penalties, and negative balances attributable to their Fundraiser, conduct, misrepresentation, use of proceeds, or violation of these Terms, to the extent permitted by law and the Payment Partner’s terms. Kindbee and the Payment Partner may recover, offset, debit, withhold, or seek reimbursement of those amounts from available balances, future payouts, or the responsible User.

Refunds will ordinarily be returned to the original payment method. Processing times are controlled by the Payment Partner, card network, and financial institution and are not guaranteed by Kindbee.

A Contributor may request a Contribution Protection Review by reporting, within fourteen (14) calendar days after the Contribution, that the Fundraiser involved a materially false identity, impersonation, materially false Beneficiary, materially false stated purpose, duplicate or incorrect amount, or other material fraud existing when the Contribution was made.

Kindbee may request information from the Contributor, Organizer, Beneficiary, Payout Recipient, Payment Partner, or third parties; suspend the Fundraiser or payout; preserve evidence; and refer the matter to law enforcement or other authorities. All Users must cooperate in good faith. Kindbee will determine eligibility based on the available evidence, these Terms, the status of funds, and applicable law.

If Kindbee substantiates an eligible report, Kindbee may instruct the Payment Partner to refund Available Funds, seek return of funds already paid out, provide a refund from Kindbee’s own funds in its discretion, restrict or remove the Fundraiser, or take other appropriate action. Kindbee does not guarantee that funds will remain available or be recoverable after payout.

The Contribution Protection Review does not cover a mere change of mind, dissatisfaction with the amount raised, disagreement with a lawful and accurately disclosed decision, a private dispute unrelated to material fraud, a failure to achieve the Fundraiser’s goal, or a claim based solely on events occurring after an accurate payout. The review is not insurance and does not expand Kindbee’s role into custody, escrow, fiduciary management, or guarantee of Fundraiser performance.

Nothing in this Section limits non-waivable rights relating to unauthorized electronic payments, card disputes, fraud, or other consumer protections under applicable law.

Kindbee may conduct automated and manual screening, sanctions checks, fraud scoring, device and network analysis, identity and relationship review, velocity monitoring, behavioral analysis, and other risk controls at Account creation, Fundraiser creation, Contribution, modification, payout, and other relevant stages, and may periodically re-screen active Users and Fundraisers. Each User authorizes Kindbee and its compliance providers to conduct those checks using information supplied by the User or obtained from the Payment Partner, public sources, government lists, and other lawful sources.

The Payment Partner is responsible for regulatory onboarding, know-your-customer verification, payment monitoring, and other regulated payment functions applicable to the Connected Account and payment services it provides. Kindbee may rely on, supplement, or respond to the Payment Partner’s verification and risk decisions but cannot override them.

No User may make, receive, facilitate, direct, or benefit from a transaction involving a sanctioned person, blocked property, prohibited jurisdiction, or other restricted activity. Kindbee may screen Organizers, Beneficiaries, Payout Recipients, Contributors, and other relevant persons and may block, reject, report, or suspend activity where a potential match or sanctions risk exists.

A User may not evade limits, split transactions to avoid review, use another person’s identity or payment method, route funds through another User, manipulate location or device information, create duplicate Fundraisers, or otherwise circumvent Kindbee or Payment Partner controls.

Kindbee is not required to disclose fraud scores, monitoring thresholds, sanctions logic, investigative techniques, internal escalation criteria, confidential reports, law-enforcement communications, or other information that could compromise security, legal obligations, or fraud prevention.

Kindbee may preserve and disclose information, suspend access, restrict Fundraisers, and cooperate with subpoenas, court orders, regulatory inquiries, law-enforcement requests, sanctions blocking or rejection obligations, and other lawful process. Kindbee may do so without prior notice where notice is prohibited, impracticable, or reasonably likely to compromise an investigation or security.

Kindbee may request documents reasonably necessary and proportionate to verify identity, authority, legal existence, address, relationship to a Beneficiary, Fundraiser purpose, amount sought, source or use of funds, medical or funeral circumstance, travel or emergency need, business or association status, or other material fact. Kindbee will not request a complete U.S. federal or state income tax return, IRS Form 1040, tax transcript, or document displaying an unredacted Social Security number through the Platform. Kindbee may reject, securely delete, or require replacement of any submission containing such a document or other unnecessary sensitive information. Where financial hardship is relevant, Kindbee may request a sworn declaration, a narrowly tailored invoice or estimate, or other less sensitive evidence reasonably related to the stated Fundraiser purpose.

A User must provide only information responsive to Kindbee’s request and, before upload, must redact Social Security numbers, taxpayer-identification numbers, complete financial-account numbers, access credentials, detailed medical diagnoses, causes of death, unrelated family information, and other information that is not reasonably necessary for the stated review. A User may not upload an unredacted U.S. tax return or tax transcript. Kindbee may require a summary, estimate, invoice amount, general description, or other less sensitive substitute instead of a complete medical, insurance, tax, financial, birth, or death record, and may reject or securely delete a document that contains unnecessary sensitive information.

Where reasonably possible, government identification should be submitted directly through the Payment Partner’s secure onboarding flow. If Kindbee directly collects a government identification document, medical or funeral record, financial record, or other sensitive personal information, Kindbee will display, at or before the point of collection, a just-in-time notice at collection, including any notice required under the CCPA/CPRA or other applicable privacy law. The notice will identify the categories of information requested; the specific verification, fraud-prevention, security, or compliance purpose; the anticipated retention period, which for a discrete verification or fraud review will ordinarily not exceed ninety (90) days after completion of the review, subject to Section 15.4; the categories of service providers or other recipients to which the information may be disclosed; and a link to the applicable Privacy Policy. Kindbee will apply safeguards appropriate to the risk, including encryption in transit and at rest, role-based access controls, access logging, and restricted internal use.

Supplemental documents collected solely for a discrete verification or fraud review will ordinarily be deleted or de-identified within ninety (90) days after the review is completed, unless longer retention is reasonably necessary for a dispute, chargeback, investigation, legal hold, sanctions obligation, safety issue, or other legal or compliance purpose. Other records may be retained as described in the Privacy Policy.

Kindbee may require an electronic declaration under penalty of perjury concerning identity, authority, relationship to a Beneficiary, intended use of proceeds, source of funds, or other material fact. Electronic signatures and records will have the same effect as paper signatures and records to the fullest extent permitted by law.

Government identification numbers, Social Security numbers, financial-account credentials, precise medical information, and other information treated as sensitive personal information under applicable privacy law may be collected, used, and disclosed only for the limited operational, verification, fraud-prevention, security, legal, or compliance purposes described at the point of collection and in the Privacy Policy. Kindbee will not use such information for advertising, unrelated profiling, or another materially incompatible purpose. Supplemental sensitive documents collected by Kindbee for a discrete review will be scheduled for deletion or de-identification within the ninety (90)-day period described in Section 15.4, subject only to the exceptions stated there. Users must not place sensitive personal information in publicly visible Fundraiser Content or upload full tax returns, unredacted Social Security numbers, detailed diagnoses, or complete financial-account credentials to the Platform.

Depending on the specific risk or verification need, Kindbee may request a government identification document through the Payment Partner; an invoice, receipt, or cost estimate; articles of incorporation, an EIN confirmation, a certificate of good standing, or other entity record; a birth or death certificate with unnecessary medical or family details redacted; a declaration or affidavit; a recent utility bill, lease, bank statement, or government correspondence showing address; or a travel confirmation or insurance document. Kindbee will seek only the portions reasonably necessary for the stated review, may verify public entity information through government databases instead of requiring an upload, and may require redaction or a less sensitive substitute.

A User may not create, promote, administer, contribute to, receive funds from, or otherwise use the Platform in connection with any activity that is unlawful, deceptive, unsafe, abusive, prohibited by the Payment Partner, inconsistent with these Terms, or determined by Kindbee to present unacceptable legal, regulatory, financial, fraud, sanctions, safety, or reputational risk.

Without limiting Section 16.1, the following are prohibited unless Kindbee expressly authorizes a narrowly defined use under a separate written program:

• fraud, impersonation, false emergencies, fabricated expenses, misleading medical or personal claims, manipulation of Contributors, or misappropriation of funds;
• money laundering, terrorist financing, sanctions evasion, unlicensed money transmission, cash-equivalent exchange, pass-through payments, payment aggregation, or use of the Platform principally to transfer money from one person to another;
• public charitable solicitation, fundraising presented as tax-deductible, or fundraising directly on behalf of a Section 501(c)(3) or other charity without Kindbee’s separate written approval and completion of all applicable registration and agreement requirements;
• political campaigns, political committees, election activity, lobbying funds, or contributions regulated under federal, state, or local campaign-finance law;
• high-profile disasters, breaking-news events, public controversies, ideological causes, or other event-driven Fundraisers designated by Kindbee as heightened risk, unless Kindbee has completed enhanced review and expressly approved the Fundraiser;
• public legal-defense campaigns; bail, bonds, fines, penalties, judgments, damages, restitution, or legal fees arising from alleged or adjudicated unlawful conduct, unless Kindbee expressly approves a lawful and appropriately limited use after enhanced review;
• investments, securities, equity, debt instruments, loans, interest, profit sharing, revenue sharing, repayment promises, investment clubs, or any expectation of financial return;
• lotteries, raffles, sweepstakes requiring consideration, contests of chance, gambling, sports betting, fantasy sports, pyramid schemes, Ponzi schemes, chain-referral schemes, or prize-based fundraising;
• sale or distribution of illegal drugs, controlled substances, cannabis, prescription products, weapons, ammunition, explosives, counterfeit goods, stolen property, or other regulated or prohibited goods or services;
• alcohol, tobacco, nicotine products, vaping products, intoxicants, unapproved supplements, or other age-restricted, highly regulated, or unsafe products;
• cryptocurrency, virtual currency, non-fungible tokens, stored value, gift cards, cash equivalents, precious metals or stones, foreign-exchange activity, debt collection, credit repair, or other regulated or high-risk financial products or services;
• adult sexual services, exploitation, trafficking, non-consensual content, child sexual abuse material, or content endangering a minor;
• promotion, encouragement, instruction, or facilitation of suicide, self-harm, eating disorders, or other conduct presenting a serious risk of physical harm;
• hate, harassment, threats, violence, terrorism, discrimination, doxxing, invasion of privacy, or content targeting a person based on a protected characteristic;
• infringement of copyright, trademark, publicity, privacy, confidentiality, or other rights;
• medical misinformation, fraudulent treatment claims, or promotion of activity that creates a material health or safety risk;
• fees, commissions, or deductions not clearly disclosed to Contributors; or
• any activity prohibited by Stripe, a card network, a bank, applicable law, or a Kindbee policy displayed on the Platform.

A Contribution may not be used as payment for goods, services, tickets, memberships, subscriptions, commercial benefits, or other consideration. A legitimate business, club, or association may describe a bona fide need, but may not use a Fundraiser to conduct unlicensed commerce, evade refund obligations, or mischaracterize a commercial transaction as a gift.

Kindbee may reject, remove, restrict, reclassify, or require modification of any Fundraiser or content, whether or not specifically listed above. Kindbee’s decision not to act in one instance does not waive its right to act later or in another instance.

A User may not use bots, spiders, scrapers, crawlers, automated scripts, data-mining tools, or similar means to access or interact with the Platform without Kindbee’s prior written authorization; harvest personal information or Fundraiser data; send spam or unauthorized commercial solicitations; introduce malware or harmful code; probe, scan, or test a system vulnerability; bypass access, security, rate-limit, verification, or fraud controls; interfere with Platform operation; reverse engineer, decompile, disassemble, or attempt to derive source code except to the limited extent such restriction is prohibited by law; or use the Platform or its data to develop a competing service.

As between the User and Kindbee, the User retains ownership of User Content submitted by the User, subject to the licenses and rights granted in these Terms. The User is solely responsible for User Content and the consequences of publishing or sharing it.

By submitting User Content, the User grants Kindbee and its Affiliates a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, format, adapt, translate, display, distribute, transmit, moderate, remove, and otherwise use the User Content as reasonably necessary to operate, secure, improve, support, investigate, and enforce the Platform and Services, comply with law, and communicate about the applicable Fundraiser. This license ends when the User Content is deleted, except for copies retained for legal, security, backup, dispute, or compliance purposes and content already shared with others.

The User represents and warrants that the User owns or has obtained all rights, permissions, consents, and releases necessary for Kindbee to exercise the license in Section 17.2, including rights relating to names, likenesses, personal stories, medical circumstances, copyrighted works, trademarks, and information concerning another person.

Kindbee may use automated tools and human review to moderate User Content and may remove, restrict, or preserve content at any time. Users may report inappropriate, fraudulent, infringing, hateful, discriminatory, or otherwise prohibited content through the reporting tools or support channels made available on the Platform.

Any suggestion, idea, enhancement request, or other feedback submitted to Kindbee may be used by Kindbee without restriction, attribution, or compensation, provided that Kindbee does not publicly identify the submitting User without permission.

The Platform, software, design, databases, interfaces, text, graphics, trademarks, logos, service marks, and other Kindbee materials are owned by or licensed to Kindbee and are protected by intellectual-property laws. No right is granted except the limited, revocable, non-transferable right to use the Platform in accordance with these Terms.

A person who believes content on the Platform infringes copyright may submit a notice through the copyright-reporting channel identified on the Platform. The notice must include sufficient information to identify the copyrighted work, the allegedly infringing material, the complaining party, and a good-faith statement and signature as required by applicable law.

Kindbee may maintain a Corporate Giving Program under which its current objective is to contribute up to twenty-five percent (25%) of its profits, as determined under Kindbee’s applicable accounting methodology and program policies, to nonprofit, charitable, or mission-oriented organizations selected by Kindbee. Any Corporate Giving Program is funded solely from Kindbee’s own corporate resources, is independent of any individual Fundraiser, Contribution, or Optional Contribution, and does not increase or decrease based on a particular User transaction.

Contributions made through the Platform are not charitable donations. Under the Corporate Giving Program described in this Section, Kindbee does not solicit charitable donations on behalf of third-party charities, does not receive Contributions as an agent or fiduciary for a charity, and does not allocate any fixed or determinable portion of an individual Contribution, Fundraiser, or Optional Contribution to a charity. Users do not direct the recipient, acquire rights in Kindbee’s corporate funds, or become third-party beneficiaries of Kindbee’s giving decisions. Kindbee will not operate a separate charitable-solicitation or charity-beneficiary program unless it first adopts the additional disclosures, agreements, registrations, and controls required for that program.

The existence of a Corporate Giving Program does not make a Contribution or Optional Contribution tax-deductible. The Corporate Giving Program described in these Terms is funded solely from Kindbee’s corporate resources and is not offered as a solicitation on behalf of a third-party charity. Nothing in these Terms appoints Kindbee as a charitable trustee, professional fundraiser, commercial coventurer, or charitable fundraising platform. Public statements concerning intended corporate giving describe Kindbee’s internal corporate policy and do not create an enforceable obligation to any User, Contributor, Organizer, Beneficiary, Payout Recipient, or nonprofit organization unless expressly set forth in a separate written agreement signed by Kindbee. Any separate marketing campaign, charity arrangement, or charitable-solicitation program will be governed by its own disclosures, agreements, registrations, controls, and applicable law.

Kindbee may establish, modify, suspend, or discontinue a Corporate Giving Program and may determine recipients, timing, calculation methodology, accounting treatment, and conditions in its discretion, subject to applicable law and any separate public commitment Kindbee elects to make.

Kindbee’s Privacy Policy, notices at collection, and just-in-time disclosures describe the categories of personal information collected, purposes of use, disclosures, retention, security practices, and privacy rights. Users should review those materials before submitting personal information.

Kindbee may disclose personal information to Stripe, Tribee SAS, hosting providers, compliance vendors, customer-support providers, professional advisers, and other service providers that process information for Kindbee or support the Services. Tribee SAS may process information in France or another approved location solely as Kindbee’s parent company and service provider, but remains outside the contractual relationship with Users and assumes no liability under these Terms.

Users should not include Social Security numbers, complete financial account numbers, detailed medical diagnoses, immigration documents, tax returns, or other highly sensitive information in publicly visible Fundraiser Content. If sensitive information is requested through a secure workflow, the User must follow the instructions and provide only what is reasonably necessary.

Information posted on a Fundraiser page, included in a Contributor message, or shared through a Fundraiser link may be viewed, copied, or redistributed by recipients. Kindbee cannot control further use by other Users or third parties. Users must obtain consent before sharing another person’s personal information.

Kindbee uses reasonable administrative, technical, and organizational safeguards appropriate to the nature of the information and Services. No system or transmission method is completely secure, and Kindbee does not warrant that unauthorized access, loss, misuse, or security incidents will never occur.

You consent to receive agreements, disclosures, notices, receipts, updates, and other records electronically through the Platform, email, text message, or other contact information associated with your Account. You may retain these records by printing or saving them.

Clicking a button, checking a box, creating an Account or Fundraiser, submitting a Contribution, accepting a Beneficiary designation, requesting a payout, or otherwise electronically indicating assent constitutes an electronic signature and has the same legal effect as a handwritten signature to the fullest extent permitted by law.

Kindbee may send transactional and service communications concerning Accounts, Fundraisers, Contributions, verification, security, fraud, payouts, refunds, legal notices, and support. You may not opt out of communications necessary to provide or secure the Services while maintaining an active Account or Fundraiser.

You must maintain current contact information. A notice sent to the email address, telephone number, Account inbox, or other contact method associated with your Account will be deemed delivered when sent or posted, except where law requires another method.

Kindbee may review, reject, suspend, restrict, unpublish, remove, cancel, or terminate an Account, Fundraiser, Contribution feature, payout request, or other access where Kindbee reasonably believes there is a violation of these Terms, fraud, sanctions risk, misleading content, failed verification, legal process, security concern, payment risk, User harm, or other material risk. Kindbee may request that the Payment Partner pause or restrict payments or payouts, but the Payment Partner makes its own regulated payment decisions.

Kindbee may act without prior notice where immediate action is reasonably necessary to protect Users, funds, security, evidence, the Platform, Kindbee, Tribee SAS, the Payment Partner, or the public; comply with law or legal process; prevent fraud or sanctions violations; or avoid compromising an investigation.

Except where notice is prohibited by law, would disclose confidential sanctions or fraud-detection information, or could reasonably compromise a law-enforcement, regulatory, security, or fraud investigation, Kindbee will provide the affected User with a written notice stating the action taken, its effective date, and the general grounds for the suspension, restriction, removal, cancellation, or termination. The notice will include a direct link to, or clear instructions for accessing, the web form or other channel through which the User may submit an appeal and supporting information. A User should submit an appeal within fifteen (15) calendar days after notice, although Kindbee may consider a later appeal where required by law or reasonably appropriate. Kindbee will ordinarily respond within fifteen (15) business days after receiving the information reasonably required for review, although complex, legal, sanctions, or law-enforcement matters may take longer. Kindbee will maintain an internal record of the notice, the appeal and supporting materials, the reviewer, the principal evidence considered, and the final decision.

Upon termination, the User’s right to use the Platform ends immediately. Kindbee may preserve information and restrict deletion as reasonably necessary for refunds, chargebacks, investigations, legal holds, sanctions, disputes, enforcement, security, and other lawful purposes. Termination does not eliminate accrued payment, reimbursement, indemnification, or other obligations.

The Platform may depend on or link to Stripe, banks, identity providers, cloud services, analytics tools, communications providers, maps, social networks, or other third-party services. Those services are governed by separate terms and privacy practices, and Kindbee does not control or assume responsibility for them.

A link, integration, or reference does not constitute Kindbee’s endorsement of a third party. Kindbee is not responsible for third-party content, availability, security, fees, representations, products, services, or conduct.

Stripe and other Payment Partners are independent service providers and not Kindbee’s agents for purposes of accepting, holding, transmitting, settling, or paying out funds. Nothing in these Terms creates a partnership, joint venture, fiduciary relationship, or employment relationship between Kindbee and a Payment Partner.

The Organizer, Beneficiary, Payout Recipient, and Contributor are solely responsible for determining and satisfying any federal, state, local, or foreign tax, reporting, withholding, registration, or other obligation arising from a Fundraiser, Contribution, payout, use of proceeds, or Optional Contribution. Kindbee does not provide tax, legal, accounting, financial, or investment advice.

Unless Kindbee expressly offers a separate compliant charitable program and provides a written tax receipt through an eligible charitable recipient, Contributions made through the Platform are not represented as tax-deductible charitable contributions. A Fundraiser’s reference to a nonprofit, association, community purpose, or Corporate Giving Program does not create tax deductibility.

Kindbee or the Payment Partner may collect tax information, report transactions, withhold amounts, or provide information to tax authorities where required. The applicable User is responsible for reviewing any information return or reporting document and addressing questions with a qualified adviser.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SECURITY, AVAILABILITY, OR RESULTS.

KINDBEE DOES NOT WARRANT OR GUARANTEE THE IDENTITY, CHARACTER, LEGITIMACY, AUTHORITY, STATEMENTS, CONDUCT, FINANCIAL CONDITION, TAX STATUS, OR PERFORMANCE OF ANY USER; THE ACCURACY OR COMPLETENESS OF ANY FUNDRAISER CONTENT; THE AMOUNT THAT WILL BE RAISED; THE USE OF PROCEEDS; OR THE AVAILABILITY, TIMING, OR SUCCESS OF ANY PAYOUT OR REFUND.

Fraud screening, moderation, identity checks, sanctions screening, document review, and other controls reduce but cannot eliminate risk. A person may evade controls, provide convincing false information, misuse proceeds after payout, or engage in conduct beyond Kindbee’s visibility or control.

Information provided through the Platform is general and does not constitute legal, tax, financial, medical, accounting, charitable-registration, investment, or other professional advice. Kindbee does not undertake a fiduciary or special duty to any User and has no duty to investigate beyond the obligations expressly stated in these Terms or required by law.

Some jurisdictions do not permit exclusion of certain warranties. Any warranty that cannot lawfully be excluded is limited to the minimum scope and duration required by applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINDBEE, TRIBEE SAS, THEIR AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OPPORTUNITY, OR EXPECTED SAVINGS; BUSINESS INTERRUPTION; EMOTIONAL DISTRESS; OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE PLATFORM, A FUNDRAISER, A CONTRIBUTION, A PAYOUT, A REFUND, USER CONTENT, A PAYMENT PARTNER, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF KINDBEE, TRIBEE SAS, THEIR AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND LICENSORS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM, SERVICES, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNT THE CLAIMING USER PAID DIRECTLY TO KINDBEE AS OPTIONAL CONTRIBUTIONS DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. CONTRIBUTIONS TO A FUNDRAISER ARE NOT AMOUNTS PAID TO KINDBEE FOR PURPOSES OF THIS CAP.

Kindbee is not liable for the acts or omissions of an Organizer, Contributor, Beneficiary, Payout Recipient, Payment Partner, bank, card network, service provider, or other third party; for funds after payout; for private disputes; for a User’s failure to secure an Account; or for content, communications, or transactions outside Kindbee’s reasonable control.

The disclaimers and limitations in these Terms are an essential basis of the bargain and apply regardless of the theory of liability and even if a limited remedy fails of its essential purpose. They do not limit liability that cannot lawfully be limited, including liability for Kindbee’s fraud, gross negligence, or willful misconduct to the extent exclusion or limitation is prohibited by applicable law.

To the extent permitted by law, any claim arising out of or relating to the Platform, Services, or these Terms must be filed within one (1) year after the claim accrued, or it is permanently barred. This limitation does not apply where a longer period cannot lawfully be shortened.

To the maximum extent permitted by law, each Organizer, Beneficiary, and Payout Recipient will defend, indemnify, and hold harmless Kindbee, Tribee SAS, their Affiliates, and their respective directors, officers, employees, agents, service providers, licensors, successors, and assigns from and against all claims, demands, investigations, proceedings, losses, liabilities, damages, judgments, settlements, penalties, fines, chargebacks, reversals, taxes, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• a Fundraiser, Fundraiser Content, or use of proceeds;
• a breach of these Terms or the Payment Partner’s terms;
• fraud, misrepresentation, omission, negligence, willful misconduct, or unlawful activity;
• a dispute with a Contributor, Beneficiary, Payout Recipient, family member, entity, authority, or third party;
• infringement or violation of intellectual-property, privacy, publicity, confidentiality, contractual, or other rights;
• failure to obtain authority, consent, permission, or release;
• any tax, reporting, registration, licensing, charitable-solicitation, or regulatory obligation attributable to the indemnifying User; or
• chargebacks, refunds, negative balances, payment-network assessments, or amounts required to be returned.

To the maximum extent permitted by law, each Contributor will defend, indemnify, and hold harmless the protected parties identified in Section 26.1 from claims and losses arising from the Contributor’s misuse of the Platform, unlawful or abusive payment dispute, infringement, prohibited content, false information, unauthorized payment method, or violation of these Terms.

Kindbee may control the defense and settlement of an indemnified matter using counsel of its choice. The indemnifying User must cooperate and may not settle any matter in a manner that admits fault by, imposes obligations on, or fails to provide a complete release to a protected party without Kindbee’s prior written consent.

Kindbee is not required to mediate, arbitrate, adjudicate, or resolve disputes among Users concerning ownership, family relationships, authorization, promises, use of proceeds, inheritance, employment, business arrangements, contracts, or other matters. Kindbee may take protective action without determining the ultimate merits of a private dispute.

To the maximum extent permitted by law, each User releases Kindbee, Tribee SAS, their Affiliates, and their respective directors, officers, employees, agents, service providers, and licensors from claims and damages arising from or relating to disputes with other Users or third parties, Fundraiser Content, use or misuse of proceeds after payout, or conduct outside Kindbee’s reasonable control.

The release in Section 27.2 includes claims that the User does not presently know or suspect to exist and that, if known, might have materially affected the User’s decision to agree to the release. A California resident waives the protection of California Civil Code Section 1542 and any similar law to the extent such waiver is permitted.

Except for the limited exceptions in Section 28.4, any dispute, claim, or controversy arising out of or relating to the Platform, Services, a Fundraiser, a Contribution, a payout, a refund, these Terms, or the relationship between a User and Kindbee, including claims arising before acceptance of these Terms, will be resolved by final and binding individual arbitration rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section 28.

Before commencing arbitration, the claimant must send a written notice of dispute through the legal-notice channel identified on the Platform. The notice must include the claimant’s name and Account information, a detailed description of the dispute, supporting documents, and the specific relief requested. The parties will attempt in good faith to resolve the dispute for thirty (30) days after receipt. Any limitations period will be tolled during that thirty-day period.

If the dispute is not resolved informally, arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. If the AAA determines that coordinated filings constitute a mass arbitration, the AAA Mass Arbitration Supplementary Rules will also apply. If the AAA is unavailable or unwilling to administer the arbitration consistent with these Terms, a court of competent jurisdiction will select a substitute administrator.

Either party may bring an individual action in small-claims court if the claim qualifies and remains individual. Either party may seek temporary or emergency injunctive relief in court to prevent actual or threatened unauthorized access, fraud, misuse of intellectual property, security compromise, or violation of confidentiality, without waiving arbitration of the underlying merits. Nothing in this Section waives a right to seek public injunctive relief where that right cannot lawfully be waived.

The arbitrator, and not a court, will decide all issues concerning the interpretation, applicability, enforceability, and formation of these Terms and this arbitration agreement, except that a court will decide any challenge to the enforceability of the class action waiver in Section 28.6 and any request for public injunctive relief that applicable law reserves to a court. The arbitrator may award any individual relief available in court, subject to these Terms and applicable law, and must issue a reasoned written decision.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE ACTION. Unless all parties agree in writing, an arbitrator may not consolidate claims of more than one person or preside over any class, collective, consolidated, coordinated, or representative proceeding, except for administrative coordination expressly permitted by the AAA Mass Arbitration Supplementary Rules that does not authorize joint adjudication of the merits.

The arbitration may be conducted by telephone, videoconference, written submissions, or an in-person hearing reasonably accessible to the consumer, as determined under the AAA rules. Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules and applicable law. Kindbee will not seek attorneys’ fees from a consumer claimant unless the arbitrator determines that the claim was frivolous or brought for an improper purpose under the standards applicable in court.

A new User may opt out of this arbitration agreement by submitting an opt-out notice through the arbitration opt-out method identified on the Platform within thirty (30) days after first accepting these Terms. The notice must state the User’s full name, Account email address, and an unequivocal request to opt out of arbitration. Opting out will not affect any other provision of these Terms or any arbitration agreement previously accepted and not timely rejected.

For any dispute that is not subject to arbitration, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY.

If a portion of this Section 28 is found unenforceable, it will be severed or limited to the minimum extent necessary and the remainder will remain effective, except that if the class action waiver is finally held unenforceable as to a particular claim or request for relief, that claim or request will proceed in court and the remaining claims will remain subject to arbitration to the extent permitted by law.

These Terms and any dispute not governed by the Federal Arbitration Act are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles, except that a consumer retains the benefit of non-waivable protections of the law of the consumer’s state of residence.

Except for eligible small-claims matters and requests expressly permitted elsewhere in Section 28, any dispute that is not subject to arbitration will be brought exclusively in the state or federal courts located in Delaware, and each party consents to personal jurisdiction and venue there, subject to any non-waivable consumer right to proceed in another forum.

Kindbee may add, modify, suspend, or discontinue a feature, payment method, category, limit, workflow, or other aspect of the Services at any time. Kindbee will provide notice where required by law or where a change materially affects an active Fundraiser or pending transaction.

Kindbee may update these Terms by posting a revised version on the Platform and updating the “Last Updated” date. Where reasonably practicable, Kindbee will provide at least thirty (30) days’ advance notice of a material change that adversely affects Users. A change may take effect sooner where required by law, necessary for security, fraud prevention, sanctions compliance, Payment Partner requirements, or the continued lawful operation of the Services, or where the change is minor or beneficial to Users. Material changes apply prospectively. Continued use after the effective date constitutes acceptance where permitted by law. If Kindbee requests affirmative assent to a material change, the change will not apply to the User until assent is given, except where immediate application is legally required or reasonably necessary to protect Users or the Platform.

A material change to Section 28 will apply only after the User’s affirmative acceptance or as otherwise permitted by law. Rejection of a future change does not revive a right to reject an arbitration agreement already accepted and not timely opted out of.

These Terms, the Privacy Policy, applicable notices at collection, transaction-specific disclosures, and any supplemental terms expressly accepted by the User constitute the entire agreement between the User and Kindbee concerning the Services and supersede prior or contemporaneous understandings on that subject.

A User may not assign or transfer these Terms, an Account, or any right or obligation without Kindbee’s prior written consent. Kindbee may assign these Terms or any right or obligation to an Affiliate, successor, acquirer, financing source, or purchaser of all or substantially all relevant assets, subject to applicable law.

A failure or delay to exercise a right does not waive that right. A waiver must be in writing and applies only to the specific instance stated.

Except as specifically provided in Section 28.10, if any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force.

Kindbee is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, fire, epidemic, war, terrorism, civil disturbance, labor dispute, government action, sanctions, utility or telecommunications failure, cyberattack, Payment Partner or banking disruption, or internet outage.

These Terms do not create an agency, employment, partnership, joint venture, fiduciary, franchise, charitable trust, or other special relationship between Kindbee and a User. No User may bind Kindbee or make representations on Kindbee’s behalf.

Tribee SAS, Kindbee’s other Affiliates, and their respective directors, officers, employees, agents, service providers, licensors, successors, and assigns are intended third-party beneficiaries solely of the provisions that release, disclaim, limit, indemnify, protect, or permit enforcement by them, including Sections 4, 22, 24 through 28, and 31. They assume no obligation to any User. Except as stated in this Section, these Terms do not create third-party beneficiary rights.

Headings are for convenience only. "Including" means "including without limitation." The singular includes the plural and vice versa. A reference to law includes amendments and successor provisions. No presumption will arise against a party because that party drafted a provision.

Provisions that by their nature should survive termination will survive, including provisions concerning payment obligations, refunds, chargebacks, records, intellectual property, corporate giving, disclaimers, liability, indemnification, release, dispute resolution, governing law, and general provisions.

Questions, support requests, privacy requests, fraud reports, copyright complaints, appeals, refund requests, and other communications should be submitted through the applicable contact form, reporting tool, or support channel made available on the Platform.

A formal legal notice to Kindbee must be submitted through the legal-notice channel identified on the Platform and, if the Platform specifies a mailing address for legal notices, sent by nationally recognized overnight courier or certified mail to that address. A notice is effective only when received and must include sufficient information for Kindbee to identify the sender, Account, transaction, dispute, and requested relief.

Kindbee may provide notice by email, Account message, Platform posting, or other contact method associated with the User. A Platform-wide legal notice may be provided by posting it conspicuously on the Platform.