Terms of service

1. PURPOSE

Company provides a digital fundraising platform that enables organizations, teams, and participants to conduct fundraising campaigns. Organization desires to use the platform for such purposes.

Company operates as a registered Professional Fund Raiser with the Illinois Attorney General's Office, registration number 02001507, and conducts fundraising activities in compliance with the Illinois Solicitation for Charity Act (225 ILCS 460).

2. ORGANIZATION ELIGIBILITY & CLASSIFICATION

Tier 1 — Eligible Organizations

• Accredited public and private elementary and secondary schools recognized by the Illinois State Board of Education
• Interscholastic athletic programs and booster clubs affiliated with such schools
• School-sanctioned activity clubs, including bands, dramatic organizations, and academic teams
• Parent-teacher organizations (PTOs) affiliated with an accredited school

Tier 2 — Qualified Organizations (Subject to Review)

Subject to Company approval prior to participation:

• Youth athletic associations
• Travel sports programs
• Recreational leagues serving minors
• Community youth organizations
• Organizations exempt from federal income tax under Sections 501(c)(3), 501(c)(4), or 501(c)(6) whose primary purpose includes youth, education, or athletic development

Tier 3 — Ineligible Organizations (Prohibited)

The following are not permitted to use the platform:

• Political organizations, candidates, or political action committees
• For-profit businesses
• Organizations whose primary purpose is religious worship or proselytization
• Any individual acting in a personal capacity

Verification

Organization represents that it meets the above requirements. Company reserves the right to request documentation, approve or deny participation, and terminate access if misrepresentation is discovered.

3. FUNDRAISING STRUCTURE

100% back. 100% of each stated donation is allocated to Organization. Donors pay a separate Electronic Payment Fee (card: 3.9% + $0.30; bank transfer: 1%) so processing is not taken from the stated gift. Donors may also add an optional contribution to Company at checkout to help provide a safe, secure fundraising platform.

4. FUNDRAISER CONTROL

Organization, through its designated Organizer ("Organizer")—the coach, program sponsor, or lead fundraising representative the Organization authorizes to request and manage campaigns for the team, club, or activity—is solely responsible for:

• Requesting fundraisers
• Setting fundraiser dates
• Establishing team and/or individual goals

Company does not control or manage fundraising campaigns.

5. ORGANIZATION RESPONSIBILITIES & COMPLIANCE

Organization agrees to:

• Recruit and onboard all participants
• Oversee participant use of the platform
• Ensure compliance with all school, district, and applicable legal requirements
• Obtain any required approvals from schools or governing bodies
• Comply with all applicable federal, state, and local laws and regulations, including state charitable solicitation and fundraising laws where they apply to Organization's programs
• Comply with school district and institutional policies that govern fundraising, technology use, and student activities
• Comply with all laws relating to minors participating in fundraising, including when parental or guardian consent is required for collection or use of personal information or participation in communications

Organization assumes full responsibility for all participant actions. Organization is solely responsible for the lawful collection, use, and sharing of participant and Organization information in connection with its programs, except as otherwise expressly handled by Company as described in this Agreement and the Privacy policy.

6. PARTICIPANT COMMUNICATIONS & MESSAGING COMPLIANCE

Company may provide preset messaging templates.

Organization acknowledges that:

• Participants may alter or modify such messages
• Company has no control over participant-generated or modified communications

Organization is solely responsible for all communications sent by participants using the platform, including obtaining any legally required consent before sending SMS or other messages to contacts, and for compliance with the Telephone Consumer Protection Act (TCPA), state telemarketing and privacy laws, and other applicable communication laws. Company provides tools and templates only; Organization and participants remain solely responsible for how those tools are used.

Separately, the Service may send optional, consent-based automated fundraiser reminder SMS to users who opt in as described in the Service's SMS disclosures (including the publicly posted SMS reminders page). Those messages are operational reminders tied to an active campaign—not substitute for Organization's own compliance obligations for participant-originated outreach.

7. PAYMENTS, CHARGEBACKS, FRAUD & USE OF FUNDS

Following the close of a campaign (or other agreed payout trigger), Company will initiate disbursement of Organization's share of net proceeds within three (3) business days after all applicable donation amounts have cleared through Stripe's payment processing (i.e., settled and available for payout under Stripe's rules and timelines). Bank settlement, weekends, holidays, account verification, chargebacks, or other events outside Company's control may affect when funds are received by Organization, but Company will use commercially reasonable efforts to meet the foregoing initiation standard.

Organization is responsible for disputes, claims, or chargebacks arising from or related to its campaign, participants, or third-party contributors to the extent not solely caused by Company's gross negligence or willful misconduct. Company may withhold, offset, or recover amounts from Organization's share (or pursue reimbursement) for chargebacks, refunds, reversals, fees, or suspected fraudulent or unauthorized transactions. Donations that are disputed, charged back, flagged as fraudulent, or under review must fully clear or resolve before the related amounts are treated as available for payout. Company may delay or withhold payouts pending investigation of fraud, compliance concerns, or payment-processor holds.

Organization is solely responsible for:

• Allocation and use of funds
• Distribution to participants or teams

8. PAYMENT PROCESSING RECORDS

Company facilitates campaign payment processing through Stripe, Inc. and maintains transaction records required for financial operations, reconciliation, fraud prevention, dispute handling, legal compliance, and payout administration.

Organization is responsible for its own accounting and financial reporting obligations for campaign funds and for maintaining any records required under applicable school, district, nonprofit, or governmental rules.

Third-party contributor legal disclosures, including tax-deductibility notices, are published on dedicated contributor landing pages and incorporated into contributor interactions at checkout.

9. DATA USE & PRIVACY

The publicly posted Privacy policy for Heart & Hustle Fundraising is incorporated by reference into this Agreement. If there is a conflict between this Section and the Privacy policy as to data practices, the Privacy policy controls as to privacy matters; this Agreement controls as to commercial and program terms.

Company does not sell personal data.

Data is used only for:

• Platform functionality
• Payment processing
• Legal and tax compliance

Company shares personal data with service providers (including, without limitation, payment processors such as Stripe, hosting, authentication, and messaging vendors) only as needed to operate the platform and as described in the Privacy policy. Company retains only data necessary to meet legal and financial obligations.

The platform may involve minors. Organization represents that it will comply with applicable laws regarding participation of minors in fundraising and the collection of personal information, including when parental or guardian consent is required.

Optional fundraiser reminder SMS to participants—consent, frequency, opt-out (STOP), and related disclosures—is described on our publicly posted SMS reminders page.

10. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, whether based in contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages.

Except for claims arising from Company's gross negligence or willful misconduct, Company's aggregate liability arising out of or relating to this Agreement or the Service shall not exceed the aggregate service fees actually retained by Company from donations processed for Organization's campaigns during the twelve (12) months immediately preceding the event giving rise to the claim. If no such fees were retained in that period, this cap shall be zero except where a greater limitation is prohibited by applicable law.

Company shall not be liable for:

• Participant conduct or misuse of the platform
• Altered or unauthorized communications
• Fundraising performance or outcomes
• Actions of Organization, Organizer, or participants

Company's liability is otherwise strictly limited to issues directly related to the technical functionality of the platform, subject to the cap above.

11. INDEMNIFICATION / HOLD HARMLESS

At Company's request, Organization agrees to defend, indemnify, and hold harmless Company, its parent and affiliated entities, and all of their respective officers, directors, managers, members, shareholders, employees, contractors, agents, licensors, successors, and assigns (collectively, the Indemnified Parties) from and against any and all claims, demands, actions, proceedings, investigations, losses, damages, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and litigation/arbitration costs) arising out of or relating to:

• Organization's or any participant's breach or alleged breach of this Agreement
• Any act, omission, negligence, willful misconduct, or unlawful conduct by Organization, Organizer, participants, or Organization-authorized users
• Campaign communications, contact uploads, messaging activity, fundraising solicitations, or use of campaign funds
• Violation of law, regulation, school/district policy, or third-party rights (including privacy, publicity, consumer-protection, and messaging laws)
• Inaccuracy, falsity, or misrepresentation in Organization-provided data, eligibility, authority, or compliance representations
• Disputes, complaints, chargebacks, reversals, refunds, or claims connected to Organization campaigns or participant activity

Organization may not settle any indemnified matter, admit fault on behalf of any Indemnified Party, or create obligations for any Indemnified Party without Company's prior written consent. Company may assume the exclusive defense and control of any matter otherwise subject to indemnification, and Organization agrees to cooperate fully in that defense.

These indemnification obligations are in addition to any other rights or remedies available to Company and survive suspension or termination of this Agreement.

12. TERM & TERMINATION

This Agreement is effective upon acceptance and continues through the fundraiser period. Either party may terminate this Agreement at any time. Company may immediately terminate for:

• Ineligibility
• Misrepresentation
• Policy violations

If a campaign ends early—whether because Organization or Company terminates or for any other reason—the fundraising structure described in Section 3 continues to apply to funds that have cleared and are not subject to chargeback, hold, or offset under Section 7. Company may delay or adjust payout as permitted in Section 7 for fraud, chargebacks, investigations, or compliance issues.

Funds raised prior to termination will be distributed in accordance with this Agreement, subject to the foregoing.

13. ACCOUNT SECURITY & ACCESS

Organization and its Organizer(s) are responsible for maintaining the confidentiality of login credentials and for all activities that occur under Organization's accounts. Company is not liable for loss or damage arising from unauthorized access due to compromised credentials, sharing of passwords, or failure to secure devices. Organization must notify Company promptly of any suspected unauthorized use of an account or security breach.

14. PLATFORM AVAILABILITY; DISCLAIMER OF WARRANTIES

The Service is provided on an "as is" and "as available" basis. Company does not guarantee uninterrupted, error-free, or secure operation; the Service may experience downtime, bugs, delays, or data loss. To the fullest extent permitted by law, Company disclaims all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No oral or written advice from Company creates any warranty not expressly stated in this Agreement.

15. INDEPENDENT RELATIONSHIP

Company is an independent contractor and is not an employee, agent, or partner of Organization.

16. GOVERNING LAW

This Agreement shall be governed by the laws of the State of Illinois, without regard to conflict-of-law principles.

17. DISPUTE RESOLUTION

Binding arbitration. Except for claims that may be brought in small claims court where jurisdiction and amount requirements are met, any dispute, claim, or controversy arising out of or relating to this Agreement or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The Federal Arbitration Act applies. The seat of arbitration shall be Kankakee County, Illinois.

Class action waiver. Organization and Company agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Jury trial waiver. To the fullest extent permitted by law, the parties waive any right to a jury trial in any action or proceeding arising out of or relating to this Agreement.

Fees. Each party shall bear its own attorneys' fees and costs in connection with any dispute, unless the arbitrator awards fees to the prevailing party as permitted under applicable rules and law.

Judgment on the arbitration award may be entered in any court of competent jurisdiction. Venue for any court proceeding permitted under this Section (including to confirm an award) shall be Kankakee County, Illinois, unless otherwise required by law.

18. FORCE MAJEURE

Neither party is liable for delay or failure to perform (except for payment of money when funds are available) due to events beyond that party's reasonable control, including natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, acts of government or regulatory authority, labor disputes, power, telecommunications, or internet failures not caused by the party, or other similar causes, provided the affected party uses commercially reasonable efforts to resume performance. If such a condition continues for more than thirty (30) days, either party may terminate the program relationship upon written notice, subject to Section 12 regarding distribution of funds already raised.

19. ELECTRONIC COMMUNICATIONS & CONSENT

Organization consents to receive from Company, at the contact points Organization provides (including email addresses and, where applicable, phone numbers for SMS), electronic communications including: (a) service, account, and security notices; (b) donation and payment-related receipts and confirmations, including those delivered by or through our payment processor (e.g. Stripe); (c) campaign, program, and platform updates; and (d) operational messages related to active or recent fundraisers, consistent with our publicly posted terms and privacy practices. Where users have opted in as disclosed on the Service, Company may also send consent-based fundraiser reminder SMS through its messaging vendors. Organization is responsible for keeping contact information accurate. Organization agrees that (i) this Agreement and related documents may be accepted and signed electronically where offered, and (ii) electronic records and notices satisfy any legal requirement that communications be in writing, to the extent permitted by applicable law.

20. INTELLECTUAL PROPERTY

Company retains all right, title, and interest in and to the platform, software, user interface, documentation, trade names, logos, and other materials made available to Organization (the "Company IP"), subject only to the limited right for Organization, Organizer, and participants to use the Service for approved program fundraising as permitted by this Agreement. Organization shall not, and shall not permit others to, reverse engineer, decompile, disassemble, or attempt to derive source code from the Service; copy, frame, or mirror the Service except as needed for normal use; scrape or use automated means to access the Service beyond what we expressly allow; remove proprietary notices; or use knowledge of the Service to develop or assist in developing a competing product or service.

21. FEEDBACK

If Organization or its representatives provide Company with any feedback, suggestions, ideas, or know-how about the Service (collectively, "Feedback"), Organization grants Company a royalty-free, perpetual, irrevocable, worldwide license to use, disclose, and incorporate that Feedback in Company's products and services without obligation or compensation to Organization. Organization represents it has the right to grant this license. To the extent Feedback includes anything assignable, Organization assigns all right, title, and interest in such Feedback to Company.

22. SEVERABILITY

If any provision of this Agreement is found unenforceable, the remaining provisions continue in full force and effect.

23. ACCEPTANCE

To complete enrollment, the Organization will provide the information and signatures (including a W-9 and this Agreement as applicable) required by Company.

24. STATUTORY DISCLOSURES (225 ILCS 460/7)

These disclosures are made to satisfy the Illinois Solicitation for Charity Act. Where a dollar amount, target, or campaign window is required, the campaign-specific estimates are stated in Exhibit A — Estimated Budget & Term, which is based on the Organizer's own good-faith estimate provided at signing and forms part of this Agreement.

(a) Methods of Fundraising

Fundraising is conducted through Company's digital, peer-to-peer fundraising platform. Participants affiliated with the Organization share personalized donation links and messages with their own contacts by text, email, and social media; contributions are made online by payment card and processed electronically through Stripe, Inc. Company does not conduct door-to-door, telephone, or in-person cash solicitation on the Organization's behalf.

(b) Geographic Scope

Fundraising campaigns are organized and administered from within the State of Illinois for Illinois-based organizations. Because solicitation occurs online, contributions may be received from donors located throughout the United States.

(c) Duration

This Agreement covers a single fundraising campaign for the team, club, or activity identified in Exhibit A. The contract term is the campaign window stated in Exhibit A (proposed start date through proposed end date). Either party may terminate earlier as provided in Section 12. A separate written agreement is required for each additional campaign. Company files a true and correct copy of each active contract with the Illinois Attorney General as required by law, including at annual re-registration.

(d) Compensation; Commissions, Salaries & Fees

Company does not retain a percentage of the stated donation. Organization receives one hundred percent (100%) of each stated gift. Donors pay a separate Electronic Payment Fee as described in Section 3, and may add an optional contribution to Company at checkout. Company does not use, employ, or pay outside solicitors, agents, or commissioned salespeople for the Organization's campaigns; participants are unpaid volunteers of the Organization and receive no commission, salary, or fee from Company. No other commissions, salaries, or fees are charged by Company or its agents or employees in connection with this Agreement, except the donor-paid amounts described in Section 3.

(e) Interested-Party & Vendor Disclosure

Neither Company nor its principals, agents, employees, solicitors, or members of their families own an interest in, manage, or act as a supplier or vendor of fundraising goods or services purchased for the Organization's campaigns. Payment processing is provided by Stripe, Inc., an unaffiliated third party, at Stripe's standard rates, which Company pays from its service fee.

(f) Educational Program Services

Company does not provide educational program services or disseminate educational materials as part of its fundraising for the Organization. If Company ever proposes to do so, it will first obtain the Organization's written approval.

(g) Recordkeeping & Accountability

Company maintains transaction, payout, and campaign records for each fundraiser as described in Sections 7 and 8 and will account to the Organization for funds raised and disbursed. A true and correct copy of this Agreement is kept on file by both Company and the Organization during its term and for at least three (3) years after the related solicitation terminates, consistent with 225 ILCS 460/7.