Terms and Conditions

Introduction

Subject to these Terms of Service, as periodically amended (“Terms and Condition”), GoWithFund is a crowdfunding website and its platform offered to you through its website at www.gowithfund.com and associated mobile applications (together, with any new features and applications, the “Platform”) and associated services (collectively, with the Platform, including any new features and applications, the “Services”). If you are a project creator, investor, or another user of our platform (referred to herein as a “User”), these Terms of Service govern your use of our platform.

If you are a User located within the United States, your contractual agreement is with GoWithFund, 943, 447 Broadway, 2nd Floor, New York, NY, New York, US, 10013.

In these Terms of Service, “GoWithFund,” “we,” “us,” “our,” and similar terms denote the entity you’re contracting with. GoWithFund may exercise our rights under these Terms of Service on behalf of this entity. Contact information can be found at the end of these terms.

FOR USERS IN THE US: ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE SETTLED THROUGH BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR CLASS ACTION. PLEASE CAREFULLY REVIEW THE DISPUTES SECTION.

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU’VE READ AND UNDERSTOOD ALL THESE TERMS OF SERVICE.

We reserve the right, at our discretion, to change or amend parts of these Terms of Service at any time. We’ll aim to give 30 days’ notice for significant changes and may inform users via email or other suitable means. Changes may occur with shorter notice if required by law. Revised Terms of Service will be posted on this page with the revision date.

Your continued use of the Services after any changes indicates acceptance of the new Terms of Service. The English version of these Terms is legally binding, with translations provided for convenience; in case of differences, the English version prevails. If you don’t agree to the new Terms, please stop using the Services.

Furthermore, while using the Services, you’re subject to additional relevant policies, including the Privacy Notice.

Access And Utilization Of Our Services

Service Overview: At GoWithFund, we offer a platform where project creators, individuals, and organizers (referred to as “Creators”) can launch fundraising projects (“projects”) to gather financial contributions (“Funding”) from backers (“Investors”) on behalf of the project’s beneficiary (“Beneficiary”). 

Payment Processing: GoWithFund does not act as a payment processor or hold any funds. Instead, we partner with third-party payment processing entities (“Payment Processor”) to manage Funding transactions for Projects. By using our Services, you acknowledge and consent to the involvement of Payment Processors, which is integral to our platform’s functioning. Refer to the “Payment Processors” section below and our Privacy Notice for additional information on our third-party collaborations and data-sharing practices.

Transaction Fees: While there are no upfront fees for initiating or maintaining a Project, it’s important to note that each Funding incurs a transaction fee, inclusive of credit and debit charges (referred to as “Transaction Fee”). 

Platform Nature: It’s essential to understand that GoWithFund serves as an administrative platform exclusively. We facilitate Creators’ Projects and enable Investors to support these initiatives. GoWithFund does not function as a broker, agent, financial institution, creditor, or non-profit entity.

Third-Party Content Disclaimer: Any third-party information and content hosted on our platform are provided solely for informational purposes. GoWithFund does not guarantee the accuracy, completeness, timeliness, or reliability of such content. None of the content provided is intended to offer financial, legal, tax, or any other professional advice. Prior to making any decisions related to Projects, Funding, Investors, or any information accessed through our Services, we recommend consulting with relevant professionals. You acknowledge that accessing information and content through our platform is at your own risk.

Limitation of Liability: GoWithFund does not exert control over User actions or the accuracy of User-provided information. Therefore, we disclaim all liability to the fullest extent permitted by applicable law. We do not guarantee the success or outcome of any Project, nor do we endorse any Project, Creator, or cause. We expressly disclaim any responsibility for the results or success of any Project. As an Investor, it is your responsibility to evaluate the value and appropriateness of supporting any Project or Creator.

No Outreach: GoWithFund is designed to assist Creators in raising funds, providing a platform for Creators to connect with Investors. We emphasize that GoWithFund does not actively solicit donations or engage in solicitation activities on behalf of any individual, entity, or organization. By using our platform, you acknowledge that GoWithFund is not responsible for the utilization of your Donations or the total amount of funds raised for the User or Projects.

Investors: All funds are made at your own discretion and risk. It is your responsibility to understand how your contribution will be utilized and to regularly review the content of the Creators for any updates. GoWithFund does not endorse or guarantee any offers, promises, rewards, or promotions made by Users or Creators; such actions are contrary to our Terms of Service. While we cannot verify all information provided by Users or Creators, nor can we ensure that Funding will be used as intended, we take allegations of fraudulent activity and misuse of funds seriously. If you suspect that a User or Creators is not using the funds for their stated purpose, please report it to our team using the “Call Anytime” button on the top right side of the website and we will conduct an investigation. Additionally, Investors may be covered by the GoWithFund Giving Guarantee for added protection.

Creators: As a Creator, you affirm, warrant, and pledge that: (i) all information you furnish concerning a Projects or Beneficiary is accurate, comprehensive, and devoid of any intent to mislead Users, and you commit to providing updates as necessary to ensure Users are informed about fund usage and other pertinent details regarding your Projects; (ii) all Funding received for your Projects will be utilized strictly as described in the materials you publish or otherwise supply; (iii) in the event you withdraw Funds believed by Investors to be raised on behalf of a party other than yourself (i.e., the Beneficiary), all such Funds will be allocated to and/or expended for the benefit of the Beneficiary; (iv) upon adding a Beneficiary through our Services, you surrender control of the Funds; (v) you will not violate the rights of any other party; (vi) you will adhere to all relevant and applicable laws and financial reporting requirements, including but not limited to registration, tax reporting, political contributions, and asset disclosures for your Projects; (vii) if you share personal data of any third party with us for any purpose, including names, email addresses, and phone numbers of your personal contacts, you possess the necessary authority (including any requisite consents), as mandated by applicable law, to furnish us with such personal data and permit us to utilize it for the intended purposes; and (viii) you will refrain from offering goods or services in exchange for Funding. By using GoWithFund, you grant authorization to GoWithFund, and GoWithFund retains the right, to disclose information pertaining to your Projects to Investors, Beneficiaries of your Creator, or law enforcement, or other regulatory authorities, and to assist in any ensuing investigations.

Your Responsibilities Upon Registration: Access to certain features of the Services may necessitate registration with GoWithFund. Should you opt to register for the Services, you commit to furnishing and keeping accurate, current, and comprehensive information about yourself or your Projects as prompted by the registration form provided by the Services. Creators are obligated to register using their authentic identities (or the identities of the authorized representatives of the Projects), which encompasses their name, address, and any visual representation or footage purportedly portraying the Projects or the Beneficiary associated with such Creators. It is incumbent upon you to ensure that your registration information remains current and updated.

Your registration data and certain other particulars concerning you are subject to these Terms of Service, inclusive of our Privacy Notice. Individuals under 13 years of age (16 in the European Economic Area) are not permitted to utilize the Services, whether or not they register. Furthermore, if you have not reached the age of majority in your jurisdiction (typically 18 or 19 years old), you may only use the Services, with or without registration, with the explicit consent of your parent or legal guardian. Certain functionalities of our Services may necessitate your registration with, and acceptance of the terms of, third-party service providers (such as Payment Processors) with whom GoWithFund has contractual agreements, to leverage their services. If GoWithFund or one of our Payment Processors discovers at any time that the information you provided about yourself or the purpose of your Fundraiser is inaccurate or contravenes any of these Terms of Service or their respective terms of service, your access to the Services may be promptly suspended and/or terminated. In such instances, fines may be imposed by relevant authorities, which will be your responsibility to settle.

Projects: The Services encompass the functionalities and provisions delineated herein. 

A. Removal of a Project from our Database: If you are the authorized representative of a Project and do not wish for your Project to be included in GoWithFund’s searchable database, you may contact us to request the removal of your Project from our database. Your email should contain your full name, title, email address, and phone number associated with your Project. Please be aware that if your Project is removed from GoWithFund’s database, it will no longer be eligible to receive contributions through the Platform.

B. Receiving Funds: As a creator, receipt of Funding, minus any applicable Transaction Fees, is contingent upon and subject to the procedures and terms of the respective Payment Processor. GoWithFund does not function as a payment processor and does not hold funds.

C. Taxes: GoWithFund does not withhold funds for tax purposes or otherwise. Creators are solely responsible for taxes based on applicable international, federal, state, local, or any other taxes or levies, as well as any applicable taxes based on their net income or gross receipts (if any).

D. Investor Lists and Other Data: An Investor may access information about the Creator of the Project, Investor Lists (defined below), and Investor Data (defined below) for compliance and transactional purposes. “Funding Data” encompasses an Investor’s name, email address, Funding amount, date of transaction, transaction identification number, and name of the project. The list of Investors who contribute to a Project’s Creators through the Services (“Investor Lists”) is provided “as is,” and GoWithFund makes no representations, warranties, or guarantees regarding the accuracy, completeness, or timeliness of any Investor List or any information contained therein. Even if an Investor checks the “Anonymous” checkbox at the time of Funding, the Investor consents to the disclosure of the Investor’s Investor Data as described herein, including, without limitation, disclosure as part of an Investor List.

Taxes: You bear the responsibility of determining any applicable taxes on the Fundings you receive through your utilization of the Services. It is solely your duty to evaluate, collect, report, or remit any required taxes to the appropriate tax authority.

Member Account, Password, and Security: You are accountable for safeguarding the confidentiality of your password and account, if applicable, and assume full responsibility for all activities conducted under your password or account. You agree to: (i) promptly inform GoWithFund of any unauthorized access to your password or account or any other security breaches; and (ii) log out of your account after each session when accessing the Services. GoWithFund shall not be liable for any loss or damage resulting from your failure to adhere to this provision.

GoogleMaps: The Platform utilizes the Google Maps feature and content, which are governed by the then-current versions of the: (i) Google Maps/Google Earth Additional Terms of Service available at https://maps.google.com/help/terms_maps.html; and (ii) Google Privacy Policy accessible at https://www.google.com/policies/privacy/.

Modifications to the Services: GoWithFund reserves the right to alter, suspend, or terminate, temporarily or permanently, the Services (or any portion thereof) at any time and for any reason, and, as permitted by applicable law, without any liability to you or any third party for any claims, damages, costs, or losses resulting from such actions. While GoWithFund will make efforts to provide notice of planned modifications or disruptions to the Service, this may not always be feasible in the case of unforeseen outages or legally mandated changes.

Third-Party Communications: If you utilize any feature of the Services that enables you to interact with third parties (such as referring a third party to the Services or communicating with them regarding a Project or Funding), whether by submitting data about the third party (“Third-Party Data”) to the Services or granting the Services access to Third-Party Data in your possession, you acknowledge and consent that you have the authority (including any necessary consents) from the relevant third party for us to access and utilize the pertinent Third-Party Data. Furthermore, you agree that you have informed these third parties and communicated to them how their information is collected and used by GoWithFund to deliver the Services. We retain the right to identify you as the individual who initiated the referral in any messages sent to them. We employ Third-Party Data to: (i) contact such third party using the provided Third-Party Data; and/or (ii) furnish you with an editable template message intended to streamline communications between you and said third party through the Services. Apart from sending the aforementioned communications, we may also dispatch reminders or related messages to you and to third parties on your behalf periodically, where permitted by applicable law. In each instance, any communication sent to third parties using Third-Party Data will offer an option to “opt-out” of receiving further communication of a similar nature.

Sales Prohibited on the Platform: You are not allowed to offer any goods or services in exchange for Funding on the Platform.

Prohibited Conduct

You are solely responsible for complying with all applicable laws regarding your Project or use of the Services. Additionally, you are solely responsible for all User Content that you upload, post, publish, display, transmit, or otherwise use. It is also your responsibility to ensure that the funds raised are utilized for the purpose outlined in the Project. If you are not the Beneficiary of the Project you organize, you agree to deliver funds to the ultimate Beneficiary directly and as promptly as possible. You agree to fully cooperate with any request we make for evidence necessary to verify your compliance with these Terms of Service.

The following are examples of User Content and/or use that is illegal or prohibited by GoWithFund. This list is not exhaustive, and we reserve the right to remove any Projects and/or investigate any User who, at our sole discretion, violates any of the terms or spirit of these Terms of Service or other policies such as the GoWithFund Giving Guarantee or Beneficiary Guarantee. As we investigate your Project, a User, or User Content, we may consider all available material, including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. Furthermore, we reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate your account, halt payments to any Project, freeze or place a hold on Funding, and report you to law enforcement authorities or otherwise take appropriate legal action, including, without limitation, seeking restitution on behalf of ourselves and/or our Users.

Without limiting the foregoing, you agree and represent, warrant, and covenant:

1. Not to use the Services to raise funds or establish or contribute to any Project with the implicit or explicit purpose of promoting or involving:

• Violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services.
• Projects that are fraudulent, misleading, inaccurate, dishonest, or impossible.
• Offensive, graphic, perverse, sensitive, or sexual content.
• The funding of a ransom, human trafficking or exploitation, vigilantism, bribes, or bounty.
• Drugs, narcotics, steroids, controlled substances, pharmaceuticals, or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm.
• Activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority.
• Knives, explosives, ammunition, firearms, or other weaponry or accessories.
• User Content that reflects, incites, or promotes behavior that we deem, in our sole discretion, to be an abuse of power or in support of terrorism, hate, violence, harassment, bullying, discrimination, terrorist financing, or intolerance of any kind reflects an abuse of power relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, disabilities, or diseases.
• The legal defense of alleged financial and violent crimes.
• User Content that reflects suicide or self-harm.
•  Publication of User Content (such as mug shots) that causes reputational harm.
• Gambling, gaming, and any other activity with an entry fee and a prize including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions, and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards or sweepstakes.
• The aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds.
• Annuities, investments, loans, equity, or lottery contracts, layaway systems, offshore banking, or similar transactions, money service businesses (including currency exchanges, check cashing, or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services that promise high rewards), network marketing, and referral marketing programs, debt collection, or cryptocurrencies.
• The receipt or grant of cash advances or lines of credit to yourself or another person or purposes other than those purposes clearly stated in the Fundraiser or for credit repair or debt settlement services.
• Counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder.
• Products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party.
• The unauthorized sale or resale of goods or services.
• Any election campaigns in an unsupported country unless run by a registered organization within a supported country.
• The collecting of payments on behalf of merchants by Payment Processors or otherwise; including but not limited to self-payments on Projects or an attempt to bypass or otherwise circumvent the designated method of payment as provided by GoWithFund.
• Any other activity that GoWithFund may deem, in its sole discretion, to: (a) be unacceptable or objectionable; (b) restrict or inhibit any other person from using or enjoying the Services; or (c) expose GoWithFund, its employees, or Users to any harm or liability of any type.

2. Refrain from interfering with or disrupting servers or networks connected to or used to provide the Services or their respective features, or violating any requirements, procedures, policies, or regulations of the networks connected to or used to provide the Services.
3. Avoid harvesting, collecting, or publishing personally identifiable information of others.
4. Obtain express permission from the minor’s guardian before raising funds for a minor, unless the funds are transferred into a trust, UTMA, or UGMA account for the sole benefit of the minor.
5. Obtain the express consent of a third party before using the Services on their behalf or posting any personal data or other information about them.
6. Refrain from using another User’s account or URL without permission, impersonating any person or entity, falsely stating or misrepresenting your affiliation with a person or entity, misrepresenting a Project or Creator through the Services, or posting User Content in any inappropriate category or areas on the Services.
7. Avoid creating any liability for GoWithFund or causing GoWithFund to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company, or any other vendors or suppliers.
8. Avoid gaining unauthorized access to the Services, or any account, computer system, or network connected to the Services, by any unauthorized or illegal means.
9. Refrain from obtaining or attempting to obtain any materials or information not intentionally made available through the Services.
10. Abstain from using the Services to post, transmit, or exploit any information, software, or other material for commercial purposes, or that contains advertising, except for fundraising activities in accordance with these Terms of Service.
11. Abstain from undertaking any activity or engaging in any conduct that is inconsistent with the business or purpose of the Services.
12. Refrain from attempting to undertake indirectly any of the foregoing actions.

Additionally, regarding all Fundings you make or accept through the Services, you agree and affirm:

A. Not to make or accept any Fundings that you know or suspect to be erroneous, suspicious, or fraudulent.

B. Not to utilize the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC) or as applicable in your country.

C. To retain a copy of all electronic and other records related to Projects and Funding as required for GoWithFund to verify compliance with these Terms of Service and to provide such records to GoWithFund upon request. It’s important to note that this does not alter or restrict your obligations to maintain documentation as mandated by applicable laws, rules, regulations, or governmental authority.

Investor Conduct

Fundings: To contribute to a Project, an Investor must provide information about their credit card or other payment instrument linked to their GoWithFund account (a “Billing Account”). As an Investor, you confirm to GoWithFund that this information is accurate, current, and authorized for use. You understand that there may be a minimum Funding amount, and once made, all Funding is final and typically non-refundable unless GoWithFund, at its discretion, agrees to issue a refund, such as under the GoFundMe Giving Guarantee. GoWithFund utilizes third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Fundings made. By contributing Funding to a Creator, you consent to the processing, use, transfer, or disclosure of data by the Payment Processors in accordance with these Terms of Service and the applicable terms set by our payment partners.

Organizers, Beneficiaries, Or Charities

Account Holds: Periodically, GoWithFund may place a hold on a Creator account (a “Hold”), restrict Withdrawals (the transfer of Funds raised to a Beneficiary), initiate a reverse ACH transfer, secure reserves, or take similar actions due to concerns of fraudulent or illegal activity or a material breach of these Terms of Service, aiming to protect its interests and those of its Users. Reasons for such actions may include, but are not limited to (i) false, misleading, or fraudulent information provided by a Creator, or Funds being used in a prohibited manner; (ii) a belief that funds should be directed to a person other than the Creator, such as a legal beneficiary or person entitled by law to act on behalf of a Creator; (iii) violation of these Terms of Service by a Creator; (iv) collusion between the Creators and Investors for fraudulent activity; (v) suspicious or fraudulent Funding activity; or (vi) compliance with a court order, subpoena, writ, injunction, or other legal requirements.

Intellectual Property Rights And Use Of Artificial Intelligence

Services Content, Software, and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Unless expressly authorized by GoWithFund, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content, in whole or in part. This restriction does not apply to your own User Content that you legally upload to the Services. You also agree not to engage in or use any data mining, spiders, robots, scraping, or similar data gathering or extraction methods in connection with your use of the Services. If GoWithFund blocks your access to the Services, you agree not to circumvent such blocking measures. Any unauthorized use of the Services or the Services Content is strictly prohibited.

The technology and software underlying the Services or distributed in connection with them are the property of GoWithFund, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by GoWithFund.

The GoWithFund name and logos are trademarks and service marks of GoWithFund (collectively the “GoWithFund Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to GoWithFund. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the GoWithFund Trademarks displayed on the Services without our prior written permission in each instance. All goodwill generated from the use of GoWithFund Trademarks will benefit us exclusively.

Third-Party Websites/Services

The Services or third parties may provide or facilitate links, tools, widgets, or other features that allow you to access other sites, services, and resources provided by third parties (collectively, “Third Party Resources”). GoWithFund has no control over such Third Party Resources or any products, services, or content made available through or by such Third Party Resources, nor does GoWithFund endorse the business practices of the third parties providing such Third Party Resources. GoWithFund is not responsible for and does not endorse such Third Party Resources or the products, services, or content made available thereby. You acknowledge that GoWithFund is not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such Third Party Resources.

Furthermore, you acknowledge and agree that GoWithFund will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such Third Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources.

For example, if you use the Platform through your mobile device and upload a video to a Fundraiser, that video will be uploaded using YouTube and subject to the YouTube Terms of Service. You agree that GoWithFund is not liable for any loss or claim that you may have against any such third party.

Additionally, Third Party Resources may include products or services offered by a third party that you may display or otherwise make available through your Projects. You acknowledge and agree that you may be subject to third-party terms associated with including such products or services in your Projects. 

Projects Creation and Sharing: Projects must aim to create something tangible or experiential that can be shared with others. Whether it’s AI technology, health and beauty innovations, or unique ideas, creators should have a clear plan for what they want to achieve. Likewise, bringing their vision to life and sharing it with investors is essential.

Similarly, any prototypes or demonstrations should reflect the current state of development. They are not allowed to use any misleading imagery or CGI. Only facts should be presented to the investors so that they can know what they are investing in or where their investment is going. 

No Fundraising for Charity: Nonprofits are welcome to use our platform, however, projects cannot raise funds solely for charitable donations. Funds raised must be directed towards the project’s execution and fulfillment as outlined by the creator. 

No Equity Offerings: GoWithFund does not facilitate investment opportunities. Projects cannot offer backers, equity, or any form of investment in return for their support.

For more information about GoWithFund’s platform, please visit the Help Center. You can also reach out to us to report violations or ask any questions.