SuccessFund, Inc.

Terms of Use

Effective Date: May 1, 2026

1. Introduction

1.1. Purpose of the Terms. Welcome to SuccessFund. These Terms of Use (the “Terms”) govern your access to and use of the SuccessFund Platform, including our website at www.successfund.com, our mobile applications, and all features, services, and content we make available (collectively, the “Platform”). These Terms constitute a legally binding agreement between you and SuccessFund, Inc. (“SuccessFund,” “we,” “us,” or “our”). We may update these Terms from time to time; continued use of the Platform after any update as detailed in Section 23 constitutes acceptance of the revised Terms.

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1.2. Acceptance of Terms. By accessing or using the Platform in any manner — including browsing the website, creating an account, making a payment, posting content, or using any feature of the Platform — you agree to be bound by these Terms and our Privacy Policy, available at www.successfund.com/privacy-policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not use the Platform. These Terms apply to all Users, including school administrators, faculty, coaches, booster club members, parents, students, and any individual or entity accessing the Platform in any capacity.

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1.3. Entity Representation. If you are using the Platform on behalf of an organization — including a school, school district, NPO, or External Group — you represent and warrant that you have the authority to bind that organization to these Terms, and “you” refers to both you individually and that organization. SuccessFund may apply and exercise its rights under these Terms on behalf of any affiliated entities.

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1.4. Geographic Scope. Users located in the United States contract with SuccessFund, Inc. Users located outside the United States may be contracting with a different SuccessFund entity. Please refer to Section 26 for contact information.

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1.5. Arbitration Notice. If you are located in the United States, Australia, or Canada, Section 22 of these Terms contains a binding arbitration agreement and class action waiver that significantly affects your legal rights. Please read Section 22 carefully before using the Platform.

2. Definitions

The following defined terms are used throughout these Terms:

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2.1. Account: A registered user profile created to access and use SuccessFund’s Services, including associated credentials, preferences, and activity history.

2.2. Administrator: A User with elevated permissions to manage settings, approve Campaigns, and oversee other Users within a school, district, or organization.

2.3. Affiliates: Any entity that directly or indirectly controls, is controlled by, or is under common control with SuccessFund, including subsidiaries, parent companies, and related entities.

2.4. Beneficiary: The individual, group, or entity designated to receive the funds raised through a Campaign.

2.5. Certified NPO: A 501(c)(3) non-profit organization that has successfully enrolled on the Platform to receive donations.

2.6. Campaign: A fundraiser, storefront, event, ticketing initiative, concession sale, camp or clinic registration, sponsorship, or other activity created on the Platform for the purpose of collecting payments or donations.

2.7. Chargeback: A reversal of a payment transaction initiated by a Supporter’s card issuer or payment provider, whether disputed as unauthorized, fraudulent, or on other grounds.

2.8. Community Forum: The public discussion feature on the Platform through which registered Users across organizations may post questions, share information, and engage with one another.

2.9. Convenience Fee: A fixed fee charged when a User sets up a recurring payment to a Campaign. See SuccessFund Pricing for current amounts.

2.10. External Group (EXG): A group operating independently but in connection with a school or district, such as a booster club, PTO, or PTA.

2.11. FBO Account: A “For the Benefit Of” custodial account maintained by SuccessFund or its banking or financial services partners on behalf of Beneficiaries, in which Platform funds are held pending disbursement.

2.12. Local Education Agency (LEA): A public board of education or other public authority that maintains administrative control of public elementary or secondary schools within a defined jurisdiction.

2.13. NPO: A non-profit organization, including schools and educational institutions, established for charitable purposes under applicable law and eligible to receive donations through the Platform.

2.14. Organizer: An individual or entity that initiates and manages a Campaign on the Platform.

2.15. Partner Fundraiser: A Campaign conducted in connection with a third-party partner through which vouchers, gift cards, or other instruments of value are issued to Supporters as part of a sale or contribution.

2.16. Payment Services Fees: All fees withheld by SuccessFund in connection with a transaction, including payment processing costs, Transaction Fees, and Convenience Fees, as applicable.

2.17. Persona: The third-party identity verification provider used by SuccessFund to verify the identity and legal standing of organizations prior to enabling direct deposit.

2.18. Platform: The complete suite of Services offered by SuccessFund and its Affiliates, including the website, mobile application(s), Community Forum, and all related features and technologies.

2.19. Services: All features, functionalities, and tools provided through the Platform, enabling Users to create and manage Campaigns, transact, and interact.

2.20. Services Content: All content and materials provided by SuccessFund on the Platform, including text, graphics, logos, images, and software, excluding User Content.

2.21. Software: The proprietary software and applications developed and owned by SuccessFund that power the Platform.

2.22. Supporter: Any individual or entity that contributes funds to a Campaign through or recorded on the Platform.

2.23. Third-Party Resources: Websites, services, content, or resources provided by entities other than SuccessFund or its Affiliates, which may be accessible through or linked from the Platform.

2.24. Transaction Fee: A fee charged by SuccessFund or its payment processors for processing a transaction. See SuccessFund Pricing for current amounts.

2.25. Transfers: The movement of funds collected through the Platform from FBO Accounts to a Beneficiary’s designated bank account.

2.26. User: Any individual or entity that accesses, registers for, or uses the Platform in any capacity, including Administrators, Organizers, Supporters, and Volunteers.

2.27. User Content: Any content — including text, images, videos, documents, and other materials — that a User posts, uploads, submits, or otherwise makes available on or through the Platform, including in the Community Forum.

2.28. Volunteer: A User who accesses the Platform to assist in executing a Campaign, with or without a registered Account.

3. Services We Provide

3.1. Platform Description. SuccessFund provides a technology platform that enables schools, school districts, foundations, NPOs, External Groups, and related organizations to create and manage Campaigns, collect payments digitally, and disburse funds to Beneficiaries. The Platform supports a broad range of fundraising and payment activity, including crowdfunding, event ticketing, concession sales, camp and clinic registrations, merchandise sales, corporate sponsorships, and direct donations. The Platform also includes a Community Forum where Users may engage with one another across organizations.

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3.2. Role and Limitations. SuccessFund provides technology infrastructure for payment facilitation and Campaign management. We are not a bank, payment processor, broker, charity, financial advisor, or escrow agent. We do not solicit donations on behalf of ourselves or others, and nothing on the Platform constitutes a solicitation. We do not endorse, verify, or guarantee any Campaign, User, cause, or representation made by an Organizer. Supporters are solely responsible for evaluating the merit of any Campaign before contributing. For financial, legal, or tax advice specific to your situation, consult a qualified professional.

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3.3. Service Modifications. We reserve the right to modify, suspend, or discontinue any part of the Platform at any time. We will make reasonable efforts to provide advance notice of material changes, but may act without notice in emergencies or when required by law. SuccessFund is not liable for any disruption, loss, or inconvenience resulting from such changes.

4. Account Creation and Eligibility

4.1. Registration Requirements. To access certain features of the Platform, you must create an Account and provide accurate, complete, and current information, including your legal name, email address, phone number, and any other information required during registration. You agree to keep this information up to date. Registration data is governed by our Privacy Policy.

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4.2. Eligibility. You must be at least 13 years of age to use the Platform. If you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you must have verifiable parental or guardian consent before using the Platform. By creating an Account, you represent that you meet these eligibility requirements.

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4.3. Account Security. You are solely responsible for maintaining the confidentiality of your Account credentials. You may not share your password with any third party. You agree to notify SuccessFund immediately at support@successfund.com if you suspect unauthorized access to your Account. SuccessFund is not liable for losses arising from your failure to secure your Account credentials. You should log out of your Account when using shared devices.

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4.4. Third-Party Service Requirements. Use of certain Platform features may require you to register with, or agree to the terms of, third-party service providers, including payment processors and identity verification providers. SuccessFund may suspend or terminate your access if information you provide is inaccurate, violates these Terms or third-party terms, or if there is evidence of fund misuse.

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4.5. Mobile Services and SMS Communications. The Platform includes mobile-accessible features, including in-person payment processing, content uploading, and ticket redemption (collectively, “Mobile Services”). Standard carrier data and messaging rates may apply. SuccessFund is not responsible for charges from your wireless carrier.

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By using Mobile Services, you provide express written consent for SuccessFund to send Account-related and security communications to your mobile device via SMS, MMS, or other electronic means. You may opt out of non-security messages by replying STOP. Automated security messages cannot be opted out of. If you change your mobile number, promptly notify us to prevent messages from being delivered to a new subscriber.

5. Payment Processing

SuccessFund does not directly process payments. All payment transactions are handled by third-party payment processors, currently including Braintree, Zettle, SumUp, PayPal, and Dwolla. To receive Transfers, you must provide bank account details to our payment transfer partners and complete identity verification as described in Section 6.

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By initiating or receiving a payment through the Platform, you agree to the applicable terms of our payment processors:

Braintree: braintreepayments.com/legal/payment-services-agreement
PayPal: paypal.com/us/legalhub/useragreement-full
Zettle: paypal.com/us/legalhub/zettle-tnc
SumUp: https://www.sumup.com/en-us/terms/

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SuccessFund may add, remove, or change payment processors at any time. Updated processor information will be reflected in these Terms or on the Pricing page.

6. Fund Custody, Identity Verification, and Compliance

6.1. For-Benefit-Of (FBO) Accounts

All funds collected through the Platform are held in one or more FBO Accounts maintained by SuccessFund or its banking or financial services partners on behalf of Beneficiaries. These accounts are segregated from SuccessFund’s own operating funds. Funds are disbursed to Beneficiaries on a weekly deposit schedule, subject to verification requirements, applicable holds, and deductions for Payment Services Fees, Chargebacks, or refunds.

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SuccessFund is not a bank or depository institution. The FBO Account is maintained with an FDIC-insured banking institution and is intended to provide FDIC pass-through deposit insurance coverage to Beneficiaries, subject to applicable conditions including accurate sub-ledger recordkeeping and appropriate customer disclosures as required by applicable FDIC regulations. SuccessFund makes no guarantee that pass-through insurance coverage will apply in any particular circumstance.

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6.1(a). Partner Fundraiser Fund Flow. For Partner Fundraiser Campaigns, the Supporter’s payment constitutes a payment to the applicable partner, who then issues a fundraiser contribution to the Organizer’s organization. Upon receipt, funds are allocated between the partner and the Organizer’s organization in accordance with the applicable fundraiser program. SuccessFund facilitates this fund flow and withholds applicable Payment Services Fees prior to disbursement. The specific allocation is governed by the fundraiser program agreement and will be disclosed to Organizers at Campaign setup.

6.2. Identity Verification Requirement

Before any Organization, LEA, NPO, or Beneficiary may receive direct deposits from the Platform, an authorized representative of that entity must successfully complete identity and organizational verification through Persona, our third-party identity verification partner. Verification may require:

Submission of government-issued identification documents;
Confirmation of organizational legal status and tax identification number;
Verification of bank account ownership; and
Any additional information required by applicable law or our banking or payment partners.

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By using the Services and seeking to receive deposits, you consent to the identity verification process and agree to provide accurate, complete, and current information. You further consent to Persona’s collection and processing of your information for verification purposes, subject to Persona’s own terms and privacy policy.

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Use of Verification Data. Information collected through the identity verification process will be used solely for: (i) verifying identity and organizational standing; (ii) fulfilling legal and regulatory compliance obligations; and (iii) enabling direct deposit functionality. SuccessFund will not use verification data for marketing, advertising, or any unrelated purpose. Any changes to this policy will be reflected in our updated Privacy Policy.

6.3. AML, BSA, and OFAC Compliance

SuccessFund is committed to compliance with applicable anti-money laundering (“AML”) laws, the Bank Secrecy Act (“BSA”), and the requirements of the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury.

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By using the Platform, you represent, warrant, and agree that:

You are not a person or entity named on any OFAC sanctions list, including the Specially Designated Nationals and Blocked Persons (SDN) list, or any other applicable government-maintained restricted party list;
You will not use the Platform to conduct, facilitate, or receive funds connected to money laundering, terrorist financing, fraud, or any other activity prohibited under AML, BSA, or OFAC requirements;
You will cooperate with any identity verification, due diligence, or screening requests made by SuccessFund or its banking or financial services partners in furtherance of compliance obligations; and
You understand that SuccessFund may be required by law to report suspicious activity, freeze funds, or take other compliance action without prior notice.

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Failure to complete required verification, or any indication of AML, BSA, or OFAC non-compliance, may result in suspension of deposit access, placement of a hold on funds, or termination of Platform access.

7. User Responsibilities and Obligations

7.1. Organizers

As an Organizer, you represent and warrant that all information you provide in connection with your Campaign — whether submitted directly, through an agent, or using AI tools — is accurate, complete, and not misleading. You are responsible for clearly describing how funds will be used and for ensuring all funds received are applied solely to that stated purpose. You may provide updates to Supporters on Campaign progress.

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When organizing a Campaign, you agree to:

Comply with all applicable laws and regulations, including those governing taxes, charitable solicitation, and state restrictions on lotteries, raffles, and gambling;
Obtain valid legal authorization before using any person’s name, image, or likeness in Campaign materials;
Refrain from offering goods or services in exchange for donations unless expressly permitted by the applicable Campaign type; and
Maintain accurate and current registration details, including legal name, email address, and organizational information.

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7.1(a). Cooperation with SuccessFund. You agree to cooperate fully with any SuccessFund request to verify compliance with these Terms, including by explaining fund management, providing supporting documentation, disclosing parties involved in fund handling, or confirming participant consent. SuccessFund reserves the right, in its sole discretion, to refuse, condition, suspend, freeze, or terminate payments, accounts, Campaigns, or Transfers if it believes they may violate these Terms, harm Users or business partners, or create unacceptable legal or financial risk.

7.2. Supporters

When contributing funds through the Platform, you acknowledge that donations are made at your own risk. SuccessFund does not verify the accuracy of Campaign representations or guarantee that funds will be used as described. You are responsible for independently evaluating any Campaign before contributing.

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7.2(a). Payment Authorization. By submitting a payment, you confirm that your payment information is accurate, that you are the authorized account holder, and that you authorize the transaction. There may be minimum payment amounts. Payments are generally non-refundable except as described in our Refund Policy or under exceptional circumstances.

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7.2(b). Recurring Payments. By enrolling in recurring payments, you authorize SuccessFund and its payment processors to charge your designated payment method at the selected frequency until the Campaign is no longer active or you cancel. You may cancel at any time by contacting support@successfund.com. Cancellations take effect promptly; prior charges are non-refundable absent exceptional circumstances.

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7.2(c). Refunds and Disputes. If you believe a payment was made in error, contact us immediately at support@successfund.com. Initiating a Chargeback with your payment provider prior to seeking resolution with SuccessFund may result in loss of refund rights under our Refund Policy and potential suspension of your Account.

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7.2(d). Unrestricted Donations. Donating to a Campaign that does not specify a particular use of funds means you relinquish control over how the funds are applied. The receiving school, district, or organization retains full discretion over the use of unrestricted contributions.

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7.2(e). Tax Implications. SuccessFund does not withhold taxes, guarantee tax deductibility, or provide tax advice. Consult a qualified tax advisor regarding the deductibility of any contribution.

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7.2(f). Information Sharing. Your personal information will be shared with the Organizer and Beneficiary of the Campaign you support, as described in our Privacy Policy. This sharing occurs even if you elect to donate anonymously in public-facing displays. By participating in a Campaign, you expressly consent to this sharing.

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7.2(g). Reporting Concerns. If you suspect fraud or misuse of funds, contact us at support@successfund.com. We investigate all reports and will take appropriate action.

7.3. Nonprofit Organizations (NPOs)

If you use the Platform on behalf of an NPO, you represent that you are authorized to do so and that your NPO is and will remain in good standing as a tax-exempt entity under applicable law. We may request verification of your authorization at any time.

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7.3(a). Refunds. If a Supporter receives a refund after SuccessFund has transferred funds to your organization, the refunded amount will be deducted from a future deposit. If the account balance is insufficient, SuccessFund may invoice your organization for the amount owed. Your organization agrees to promptly reimburse any refunded amounts.

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7.3(b). Claiming Your NPO Page. An authorized representative of your NPO may claim and manage your NPO’s public profile on the Platform.

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7.3(c). Removing Your NPO. To remove your NPO from the Platform, email support@successfund.com with your full name, title, and organizational contact information. Removal will prevent future payments from being directed to your NPO.

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7.3(d). Receiving Funds. Funds received by your NPO will be reduced by applicable Payment Services Fees and are subject to the terms of the applicable payment processor.

7.4. Local Education Agencies (LEAs)

If you use the Platform on behalf of an LEA, you represent that you are duly authorized to do so and will comply with all applicable laws and district policies. We may request verification of your authorization at any time.

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7.4(a). Refunds. If a Supporter receives a refund after SuccessFund has transferred funds to your organization, the refunded amount will be deducted from a future deposit or invoiced to your organization, as determined by SuccessFund in its sole discretion.

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7.4(b). Claiming Your LEA Page. An authorized representative may claim and manage your LEA’s public profile on the Platform.

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7.4(c). Removing Your LEA. To remove your LEA from the Platform, email support@successfund.com with your full name, title, and organizational contact information.

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7.4(d). Receiving Funds. Funds received will be reduced by applicable Payment Services Fees and are subject to the terms of the applicable payment processors, currently including PayPal, SumUp, and Zettle.

7.5. Tax Responsibilities

SuccessFund does not withhold funds for tax purposes. Organizers, Beneficiaries, LEAs, and NPOs are solely responsible for determining, reporting, and remitting all applicable taxes on payments received through the Platform. SuccessFund makes no representation regarding the tax treatment of any transaction.

8. Transfers, Holds, and Chargebacks

8.1. Transfers

Funds collected through the Platform are held in FBO Accounts and disbursed to Beneficiaries on a weekly deposit schedule, subject to: (i) successful completion of identity verification through Persona as described in Section 6.2; (ii) accurate bank account information on file; (iii) the absence of any applicable Hold; and (iv) deduction of applicable Payment Services Fees and any Chargeback or refund amounts. Transfer timing is not guaranteed.

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8.1(a). Accuracy of Banking Information. You are responsible for providing and maintaining accurate bank account information. SuccessFund is not liable for failed or misdirected Transfers resulting from inaccurate information you provide.

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8.1(b). Refunds by SuccessFund. SuccessFund reserves the right to issue refunds in its discretion, including the full transaction amount, without prior notice. To the extent permitted by law, SuccessFund is not liable for claims, fees, or losses resulting from such refunds.

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8.1(c). Transfer Time Limit. If funds raised through a Campaign have not been transferred within 120 days of the first donation, our payment processors may be required by law to refund the funds or remit them to a government agency as unclaimed property. SuccessFund is not responsible for funds escheated or remitted under applicable unclaimed property laws.

8.2. Transfer Holds

SuccessFund may, in its sole discretion, place a Hold on a Campaign or Account, limit Transfers, initiate a reverse ACH transfer, or establish reserves. A Hold may be applied for reasons including but not limited to:

Verification or compliance review under Sections 6.2 and 6.3;
Suspected violation of these Terms or applicable law;
Risk management, fraud prevention, or financial exposure concerns; or
Compliance with a court order, legal mandate, or government request.

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SuccessFund will communicate Hold status and resolution requirements to the email address associated with your Account.

8.3. Chargebacks and Dispute Costs

8.3(a). Automatic Withholding. Upon the initiation of a Chargeback, the disputed amount will be treated as a refund and automatically withheld from the Beneficiary’s next scheduled weekly deposit, regardless of whether the Chargeback has been finally resolved. This withholding applies without further notice to the Organizer or Beneficiary. SuccessFund currently absorbs the processing fees associated with Chargebacks; however, SuccessFund reserves the right, upon notice, to pass such fees through to the applicable Beneficiary in the future.

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8.3(b). Partner Fundraiser Disputes. For Partner Fundraiser Campaigns in which vouchers, gift cards, or other instruments of value are issued to Supporters, SuccessFund will dispute all Chargebacks on behalf of the Beneficiary using all available documentation, transaction records, and applicable reason codes. If a disputed Chargeback is ultimately resolved in favor of the Supporter by the card issuer, the full disputed amount will be withheld from the Beneficiary’s next scheduled deposit in the same manner as described in Section 8.3(a).

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8.3(c). Organizer and Beneficiary Cooperation. Organizers and Beneficiaries agree to cooperate fully with SuccessFund in the investigation or dispute of any Chargeback, including by promptly providing transaction records, fulfillment documentation, communications with Supporters, or any other relevant evidence upon request.

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8.3(d). Supporter Chargeback Process. If a Supporter is not alleging fraud or unauthorized use, they must first attempt to resolve the issue directly with the Organizer or by contacting SuccessFund at support@successfund.com before initiating a Chargeback with their card issuer. A Supporter who initiates a Chargeback without first seeking resolution forfeits any rights under SuccessFund’s Refund Policy for that transaction, and SuccessFund may suspend or terminate that Supporter’s access to the Platform.

9. Community Forum

9.1. Access and Participation

SuccessFund provides a Community Forum as a shared, public feature of the Platform, accessible to all registered Users. The Community Forum enables Users across organizations to post questions, share experiences, and engage in professional discussions related to school fundraising, platform use, and related topics. By accessing or using the Community Forum, you agree to comply with the Community Rules in Section 9.2. Your use of the Community Forum constitutes your agreement to these rules; no separate opt-in is required.

9.2. Community Rules

The following rules govern all Community Forum activity. SuccessFund reserves the right, in its sole discretion, to remove content, issue warnings, restrict access, or terminate accounts for violations. Removal of content does not preclude further action.

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(a) Respectful Engagement. Users must engage professionally and respectfully. Personal attacks, insults, threats, intimidation, and harassment of any kind directed at any individual or group are prohibited.

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(b) Non-Discrimination. Content that demeans, discriminates against, or targets any individual or group on the basis of race, ethnicity, national origin, religion, gender, gender identity or expression, sexual orientation, disability, age, or any other protected characteristic is prohibited.

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(c) No Hate Speech or Harmful Content. Content that promotes, glorifies, or incites hatred, violence, or harm against any person or group — including content that dehumanizes individuals or promotes extremist ideologies — is strictly prohibited.

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(d) Relevance and Constructive Contributions. Posts and responses must be relevant to the educational, fundraising, or organizational context of the Platform. Spam, repetitive content, off-topic material, and unsolicited commercial messages are not permitted.

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(e) Privacy of Others and Platform Mention Features. By registering for the Platform, all Users consent to being @mentioned by name within the Community Forum. @Mentions may be used to direct a User’s attention to relevant content and may not be used to harass or repeatedly target any individual. When a User posts in the Community Forum, their name and affiliated organization are displayed alongside their content. By posting, Users consent to this attribution. Users may not post other personally identifiable information about third parties — including students, parents, or community members — without their explicit consent.

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(f) Accuracy of Information. Users should not knowingly post false, misleading, or inaccurate information. SuccessFund does not verify User Content in the Community Forum and is not responsible for any reliance placed on such content.

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(g) No Unauthorized Commercial Activity. The Community Forum may not be used to solicit purchases, promote third-party products or services, recruit for external platforms, or conduct any commercial activity not expressly permitted under these Terms.

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(h) Legal Compliance. All Community Forum activity must comply with applicable federal, state, and local law, including copyright law, defamation law, and applicable privacy regulations.

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(i) No Automated or AI-Generated Activity. Use of artificial intelligence tools, bots, scripts, automated systems, or any other programmatic or systematic means to post, comment, reply, vote, react, or otherwise interact within the Community Forum is strictly prohibited without the express prior written permission of SuccessFund. This prohibition applies regardless of whether automated activity is designed to appear human-generated.

9.3. Content Moderation

SuccessFund may, but is not obligated to, monitor, review, edit, or remove Community Forum content that we determine, in our sole discretion, violates these Community Rules or these Terms. Users who observe content they believe violates these rules may report it to community@successfund.com. SuccessFund uses a combination of automated tools, business rules, and human review to identify and address violations.

9.4. User Content License for Community Forum

By posting content in the Community Forum, you grant SuccessFund and its Affiliates a worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, redistribute, publicly display, and create derivative works from such content, in whole or in part, across any media or channels now known or hereafter developed. This license expressly includes the right to use Community Forum content in SuccessFund’s marketing communications, promotional materials, social media, press materials, case studies, and other external-facing channels, with or without attribution, at SuccessFund’s discretion. You represent and warrant that: (i) you have all rights necessary to post the content and grant this license; (ii) the content does not infringe any third-party intellectual property rights; and (iii) SuccessFund’s exercise of these rights will not require payment to or consent from any third party.

9.5. Disclaimer

The Community Forum is provided for informational and community purposes only. SuccessFund does not endorse, verify, or assume responsibility for any User Content posted in the Community Forum. Participation is at your own risk. SuccessFund is not liable for any loss or damage arising from reliance on Community Forum content or interactions with other Users.

10. Prohibited Campaigns and User Content

SuccessFund may remove any User Content or Campaign that violates these Terms and may take further action against the responsible User, including account suspension, payment holds, and referral to law enforcement. We may, but are not obligated to, proactively review Campaigns or User Content for compliance.

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Users may not create Campaigns for, or post User Content in connection with, any of the following:

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10.1. Violation of any applicable law, regulation, industry standard, or third-party agreement, including those of payment card networks.

10.2. Fraudulent, deceptive, misleading, or materially inaccurate representations.

10.3. Content that is offensive, sexually explicit, graphic, or obscene.

10.4. Ransom, human trafficking, exploitation, vigilantism, bribes, or bounties.

10.5. Purchase or use of illegal drugs, controlled substances, steroids, or similarly prohibited products.

10.6. Transactions involving parties subject to economic sanctions or export restrictions, unless authorized by the applicable government authority.

10.7. Weapons, explosives, ammunition, or equipment intended for armed conflict.

10.8. Terrorism, extremism, hate crimes, harassment, bullying, money laundering, or terrorist financing.

10.9. Content promoting discrimination or intolerance based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other protected characteristic.

10.10. Legal defense funds for violent crimes or financial crimes, including murder, assault, sex crimes, robbery, or crimes against minors.

10.11. Promotion of suicide, self-harm, or eating disorders, except in a lawful clinical or therapeutic setting.

10.12. Gambling, lotteries, raffles, casino games, fantasy sports with entry fees, or similar activities involving chance and prizes, except as expressly permitted by applicable law.

10.13. Obfuscation of the source or purpose of funds, or any activity designed to obscure financial flows.

10.14. Investment schemes, pyramid or multi-level marketing structures, cryptocurrency, offshore banking, cash advance arrangements, or debt collection activities.

10.15. Electoral campaigns or political fundraising, unless managed directly and solely by the registered candidate or an authorized campaign committee in a jurisdiction where SuccessFund supports such activity.

10.16. Any attempt to circumvent payment processing rules, these Terms, or the policies of SuccessFund’s payment processors.

10.17. Activities that create significant financial, legal, reputational, or operational risk to SuccessFund, its employees, partners, or Users.

10.18. Any activity that SuccessFund, in its sole discretion, determines to be inappropriate, harmful, or inconsistent with the purpose of the Platform.

11. Prohibited User Conduct

By using the Platform, you agree that you will not, and will not permit or enable any third party to:

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11.1. Upload, post, transmit, or share User Content that: (i) infringes or violates any intellectual property, proprietary, or privacy right; (ii) you are not authorized to share under any applicable law or contractual obligation; (iii) contains malicious code, viruses, Trojan horses, worms, or other software designed to disrupt, damage, or interfere with any software, hardware, or telecommunications system; (iv) creates a privacy or security risk for any person; or (v) constitutes unsolicited advertising, spam, chain letters, phishing, or pyramid schemes.

11.2. Interfere with or disrupt the integrity, performance, or security of the Platform, or any servers, networks, or systems connected to or used by the Platform.

11.3. Harvest, scrape, collect, or publish personally identifiable information of other Users without their express consent.

11.4. Raise or direct funds with the explicit intent to distribute those funds directly to a specific individual, including a minor.

11.5. Use the Platform on behalf of a third party, or post personal information about a third party, without their express authorization.

11.6. Use another User’s account or URL without permission; impersonate any person or entity; misrepresent your affiliation with any organization, school, district, or Campaign; or submit User Content to inappropriate categories.

11.7. Take any action that creates disproportionate server load, interferes with the operation of the Platform, or transmits more requests than a typical human user would generate using a standard browser.

11.8. Gain or attempt to gain unauthorized access to the Platform, any Account, system, or network connected to the Platform.

11.9. Attempt to access, retrieve, or obtain materials or information through means not intentionally made available through the Platform.

11.10. Use the Platform for commercial purposes or advertising beyond what is expressly permitted under these Terms, including using Campaign pages to promote third-party commercial interests.

11.11. Make or accept payments that you know or have reason to believe are erroneous, unauthorized, suspicious, or fraudulent.

11.12. Use the Platform in or for the benefit of any country, organization, or person subject to U.S. embargo, sanctions, or export controls.

11.13. Share your Account credentials or password with any third party, or allow any third party to access your Account.

11.14. Engage in conduct inconsistent with the intended business purpose of the Platform.

11.15. Directly or indirectly cause, enable, or encourage any third party to engage in any of the above.

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In addition, you affirmatively agree to:

Maintain commercially reasonable security measures to protect information shared through the Platform;
Retain records related to Campaigns and payments sufficient to verify compliance with these Terms, and provide such records to SuccessFund upon request; and
Cooperate reasonably with any audit, investigation, or corrective action requested by SuccessFund, its banking or payment partners, or applicable regulatory authorities.

12. Content Moderation and Reporting

If you believe any Campaign, post, or User Content on the Platform is illegal, fraudulent, or violates these Terms:

For Community Forum content: email community@successfund.com
For Campaigns or other Platform content: email support@successfund.com

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We will review and investigate all reports. If you disagree with a moderation decision, you may contact support@successfund.com to request review. SuccessFund uses a combination of automated rules, machine learning tools, and human review to identify and address violations. Content moderation decisions are made in SuccessFund’s sole discretion and are not subject to appeal except as described in our Help Center.

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SuccessFund may remove, edit, or decline to display any User Content at any time, with or without notice, and without liability to any party. Exercise of this discretion does not create an obligation to monitor or moderate all content on the Platform.

13. Fees

13.1. No Upfront Platform Fee. SuccessFund does not charge any upfront fee to create an Account, start a Campaign, or maintain a Campaign on the Platform.

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13.2. Payment Services Fees. Payment Services Fees apply to all transactions processed through the Platform. These fees are automatically deducted from funds collected before disbursement to the Beneficiary. Payment Services Fees include payment processing costs, Transaction Fees, and Convenience Fees where applicable. Current fee amounts are available at SuccessFund Pricing. SuccessFund reserves the right to modify its fee structure upon notice to Users.

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13.3. Third-Party Fees. Certain third-party payment processors, identity verification providers, or other service partners may assess their own fees. SuccessFund is not responsible for fees charged by third parties and recommends reviewing the applicable third-party terms before using their services.

14. Intellectual Property Rights, Content Ownership, and Licenses

14.1. SuccessFund Ownership. The Platform, its underlying technology, Software, and all Services Content are the exclusive property of SuccessFund, its Affiliates, and licensors, and are protected by copyright, patent, trademark, trade secret, and other intellectual property laws. Nothing in these Terms transfers any ownership interest in SuccessFund’s intellectual property to you.

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14.2. Limited License to Use the Platform. Subject to your compliance with these Terms, SuccessFund grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for its intended purpose. This license does not include any right to: sublicense, sell, resell, or transfer the Platform or any of its components; collect or use Platform data for commercial purposes other than your own Campaign activities; or access the Platform for competitive intelligence or benchmarking purposes.

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14.3. SuccessFund Trademarks. The name “SuccessFund” and its associated logos, service marks, and trade dress are proprietary marks of SuccessFund, Inc. You may not use SuccessFund’s marks without prior written permission. All rights in SuccessFund’s marks are expressly reserved.

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14.4. Prohibited Use of Platform Content. You may not copy, reproduce, modify, reverse engineer, disassemble, decompile, scrape, frame, distribute, sell, license, or create derivative works from any Services Content or Software without SuccessFund’s prior written consent. Data mining, automated data extraction, and similar techniques are expressly prohibited. If SuccessFund restricts your access (e.g., by IP address), you agree not to circumvent that restriction.

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14.5. User Content License. By submitting or posting User Content on the Platform, you represent and warrant that you own or have obtained all necessary rights and permissions to share that content. You grant SuccessFund and its Affiliates a worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and create derivative works from your User Content for any purpose, including promotion of the Platform and its Services, without compensation to you. This license survives termination of your Account.

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14.6. Waiver of Moral Rights. By posting User Content, you waive, to the maximum extent permitted by applicable law, any moral rights, rights of publicity, or rights of privacy that would otherwise restrict SuccessFund’s exercise of the license granted in Section 14.5. If your User Content includes the name, image, or likeness of any third party, you represent that you have obtained that person’s valid legal consent.

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14.7. Feedback. Any suggestions, ideas, enhancement requests, or other feedback you provide regarding the Platform (“Feedback”) may be used by SuccessFund without restriction, compensation, or obligation of confidentiality. By submitting Feedback, you assign to SuccessFund all rights, title, and interest in such Feedback.

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14.8. Copyright and DMCA Infringement Claims. SuccessFund respects intellectual property rights and will respond to valid notices of claimed infringement under the Digital Millennium Copyright Act (“DMCA”). If you believe your copyrighted work has been infringed on the Platform, submit a written notice to our designated agent at legal@successfund.com with the subject line “DMCA Takedown Request.”

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Your notice must include: (i) identification of the copyrighted work; (ii) identification of the infringing material and its location on the Platform; (iii) your contact information; (iv) a statement of good-faith belief that the use is unauthorized; (v) a statement under penalty of perjury that your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (vi) your physical or electronic signature.

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Counter-notices must include: (i) your contact information; (ii) identification of the removed content; (iii) a statement under penalty of perjury that removal was made in error; (iv) consent to jurisdiction in a U.S. federal district court; and (v) your physical or electronic signature. If a valid counter-notice is received, SuccessFund may reinstate the content after 10–14 business days absent a court order.

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Designated Copyright Agent:

SuccessFund, Inc. c/o Legal Department

3302 N 280 W, Lehi, UT 84043

Email: legal@successfund.com

15. Data Privacy and Artificial Intelligence

15.1. Privacy Policy. Our collection, use, and sharing of personal information is governed by our Privacy Policy, available at www.successfund.com/privacy-policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the data practices described in the Privacy Policy.

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15.2. Data Retention. SuccessFund is not obligated to retain Account or Campaign data after a Campaign ends or an Account becomes inactive. We may delete inactive data or close dormant Accounts without prior notice, except for data required to satisfy legal obligations or resolve legal claims. Where feasible, we will provide advance notice to school districts before deleting organizational Account data.

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15.3. Public Visibility. Certain Platform activity is publicly visible, including Campaign pages, User Content, Community Forum posts, and, where applicable, Supporter contributions. Your profile name and organizational affiliation may be visible to other Users. If you wish to contribute to a Campaign without public display of your name, you may select the anonymous donation option at checkout; however, your information will still be shared with the Organizer and Beneficiary as described in the Privacy Policy.

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15.4. Third-Party Communications. If you use the Platform to communicate with third parties (e.g., sharing a Campaign link or referring a donor), you represent that you have the authority to share their contact information and have informed them of how it will be used. SuccessFund may use this information to send transactional communications to the referred party.

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15.5. Artificial Intelligence Features. SuccessFund may offer AI-assisted tools to help Users create content, draft Campaign descriptions, or optimize their use of the Platform. These tools are provided as a convenience and without warranty. AI-generated outputs may vary in accuracy, may not be unique across Users, and should be reviewed before use. By using AI features, you consent to SuccessFund using your inputs and outputs for service improvement purposes, consistent with the Privacy Policy. You represent that any personal information you submit through AI features has been provided with appropriate consent.

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15.6. Tracking Technologies. We use cookies, pixels, web beacons, and similar tracking technologies on the Platform to support functionality, analyze usage, and facilitate targeted advertising by us and our third-party partners. By using the Platform, you consent to this use. You may manage your cookie preferences through the cookie settings interface available on the Platform.

16. Children’s Privacy

The Platform is not directed to children under the age of 13. We do not knowingly process personal information from children under 13. If you are under 13, you may not use the Platform. If you are between 13 and the age of majority in your jurisdiction, you must have verifiable parental or guardian consent to use the Platform.

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SuccessFund’s services are directed to adult organizers, administrators, and supporters operating in school and educational contexts, not to students directly. Organizers using the Platform in a K–12 environment are solely responsible for ensuring that their use of the Platform complies with all applicable laws governing student data privacy, including the Children’s Online Privacy Protection Act (“COPPA”) and the Family Educational Rights and Privacy Act (“FERPA”). Organizers must not upload personally identifiable information of students without appropriate authorization or consent. SuccessFund assumes no responsibility for Organizer compliance with student data privacy laws.

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Where a school, school district, or other LEA uses the Platform and is a qualifying educational agency or institution under FERPA, and only if applicable, SuccessFund acknowledges that for the purposes of these Terms it is designated as a “school official” with “legitimate educational interests” in data and information uploaded to the Platform and associated metadata, as defined under FERPA and will abide by the limitations and requirements imposed on school officials under those regulations. As part of your use of the Platform, SuccessFund may process data that is defined as personal information by FERPA. SuccessFund shall use such personal information only for the purpose of fulfilling its duties under these Terms, and will not monitor, share, or disclose any such personal information to any third party except as provided for in these Terms, as required by law, or as authorized in writing by you. SuccessFund specifically shall not use any personal information for purposes of targeted advertising.

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To report a concern regarding children’s data, contact us at legal@successfund.com.

17. Third-Party Services and Content

17.1. Third-Party Links and Resources. The Platform may contain links to or integrations with third-party websites, services, or resources (“Third-Party Resources”). SuccessFund does not control Third-Party Resources and is not responsible for their content, accuracy, availability, or privacy practices. Links to Third-Party Resources do not constitute endorsement. Your use of Third-Party Resources is at your own risk and subject to the applicable third-party terms.

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17.2. Apple-Enabled Software. SuccessFund offers software applications for use on Apple devices. For Apple-enabled software, the following apply:

SuccessFund, not Apple, is solely responsible for the application and its content;
Your license is limited to use on an Apple device you own or control under Apple’s App Store Terms of Service;
Apple has no obligation to provide maintenance, support, or warranty for SuccessFund’s application;
Product liability, legal compliance, and warranty claims are the responsibility of SuccessFund;
Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to Apple-enabled software; and
Questions or claims should be directed to legal@successfund.com.

18. Beta Features and Experimental Services

From time to time, SuccessFund may make available features, functionality, or services that are in beta, pilot, preview, or early access status (“Beta Features”). Beta Features are provided on an “as is” and “as available” basis without warranty of any kind. Beta Features may be incomplete, may contain errors, and may be discontinued, modified, or removed at any time without notice.

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Your use of Beta Features is voluntary and at your own risk. Feedback you provide regarding Beta Features is subject to Section 14.7.

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SuccessFund is not liable for any loss, damage, or disruption arising from your use of Beta Features. Beta Features do not carry the same service level expectations as generally available Platform features.

19. Suspension or Termination of Accounts

SuccessFund may, at any time and in its sole discretion, suspend, restrict, or terminate your Account or access to the Platform, and remove or discard any associated User Content or data, including active Campaigns. Such action may be taken with or without prior notice and without liability to you or any third party, to the extent permitted by applicable law.

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19.1. Grounds for Account Closure. Without limitation, your Account may be closed or access disabled if:

We are unable to confirm that your Campaign or Account complies with these Terms;
We are unable to support your Account for technical reasons;
Our payment processors or banking partners are unable to support your Account;
The applicable LEA requests removal of a Campaign or Account;
Your Account is dormant or abandoned;
Your Account activity presents a risk to SuccessFund, its community, or financial partners; or
Compliance with a court order, injunction, regulatory requirement, or applicable law requires such action.

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Where your Account is closed for reasons within SuccessFund’s control, and where funds remain in your FBO Account, SuccessFund will process applicable refunds or disbursements in accordance with these Terms and the SuccessFund Refund Policy.

20. Disclaimers and Limitations of Liability

20.1. Warranty Disclaimer

YOUR USE OF THE PLATFORM AND SERVICES IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. SUCCESSFUND AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, “SUCCESSFUND PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
ANY WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE PLATFORM; AND
ANY WARRANTY THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED.

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NO SUCCESSFUND PARTY WARRANTS OR GUARANTEES THAT ANY CAMPAIGN WILL RAISE ANY PARTICULAR AMOUNT OR ANY AMOUNT AT ALL. SUCCESSFUND DOES NOT ENDORSE ANY CAMPAIGN, USER, OR CAUSE AND MAKES NO REPRESENTATIONS REGARDING THE ACCURACY OF CAMPAIGN DESCRIPTIONS. SUPPORTERS ARE SOLELY RESPONSIBLE FOR EVALUATING CAMPAIGNS BEFORE CONTRIBUTING.

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ALL THIRD-PARTY INFORMATION AND CONTENT AVAILABLE ON THE PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE FINANCIAL, LEGAL, TAX, OR PROFESSIONAL ADVICE. YOU SHOULD CONSULT QUALIFIED PROFESSIONALS FOR ADVICE SPECIFIC TO YOUR CIRCUMSTANCES.

20.2. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY SUCCESSFUND PARTY BE LIABLE FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS;
LOSS OF USE OR OPPORTUNITY; OR
BUSINESS INTERRUPTION OR COST OF SUBSTITUTE GOODS OR SERVICES,

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WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SUCCESSFUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO:

YOUR USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES;
ANY USER CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
ANY CAMPAIGN, PAYMENT, OR TRANSACTION MADE THROUGH THE PLATFORM;
ANY PROMOTIONS, PRIZES, OR REWARDS MADE AVAILABLE THROUGH THE PLATFORM; OR
ANY OTHER MATTER RELATING TO THE PLATFORM OR SERVICES.

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TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUCCESSFUND’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO SUCCESSFUND IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

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SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE.

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SUCCESSFUND DOES NOT PRE-SCREEN USER CONTENT BUT RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT LIABILITY, TO REMOVE OR REFUSE ANY USER CONTENT AT ANY TIME. SUCCESSFUND EXPLICITLY DISCLAIMS RESPONSIBILITY FOR THE OUTCOME OR SUCCESS OF ANY CAMPAIGN.

21. Indemnification and Release

21.1. Indemnification. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the SuccessFund Parties from and against any and all claims, liabilities, losses, damages, judgments, awards, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

Your access to or use of the Platform;
Any Campaign you create or manage;
Any User Content you submit;
Your violation of these Terms;
Your violation of any applicable law or regulation; or
Your violation of any third-party right, including intellectual property rights, privacy rights, or rights of publicity.

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SuccessFund reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate with SuccessFund’s defense and not to settle any claim without SuccessFund’s prior written consent.

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21.2. California Civil Code Section 1542 Waiver. If you are a California resident, you waive the protections of California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known by them, would have materially affected their settlement with the debtor or released party.” If you reside in another jurisdiction, you waive any comparable statute or doctrine to the maximum extent permitted by applicable law.

22. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. THIS SECTION REQUIRES YOU TO RESOLVE MOST DISPUTES WITH SUCCESSFUND THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS.

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22.1. Informal Resolution. Before initiating any formal dispute proceeding, you agree to contact SuccessFund at legal@successfund.com and engage in good-faith efforts to resolve the dispute informally. Your notice must include your name, your Account email address, a description of the dispute, and the specific relief sought. The parties agree to negotiate in good faith for at least sixty (60) days following receipt of the notice. During this period, any applicable statute of limitations is tolled. If the dispute is not resolved informally within sixty (60) days, the parties shall promptly submit to mediation with a mutually agreed mediator. If mediation does not resolve the dispute within thirty (30) days of commencement (or such longer period as the mediator determines), either party may proceed to binding arbitration as required below. Informal resolution, including mediation, is an express condition precedent to arbitration or any permitted proceedings under Section 22.4.

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22.2. Binding Arbitration and Class Action Waiver. IF INFORMAL RESOLUTION AND MEDIATION FAIL, YOU AND SUCCESSFUND AGREE THAT ANY REMAINING DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR YOUR USE OF THE SERVICES WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION. YOU WAIVE YOUR RIGHT TO: (I) A JURY TRIAL; (II) PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION; AND (III) ANY OTHER COURT PROCEEDING EXCEPT AS EXPRESSLY PERMITTED HEREIN. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER A CLASS OR REPRESENTATIVE PROCEEDING.

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23.3. Arbitration Rules and Forum. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this Section. If the AAA’s rules are unavailable or inapplicable, Utah law governs. Arbitration will take place in Salt Lake County, Utah, unless the parties agree otherwise in writing. The arbitrator will have exclusive authority to determine issues of arbitrability, enforceability, and the scope and formation of this arbitration agreement.

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22.4. Exceptions. Notwithstanding the above, either party may bring: (i) applicable claims in a small claims court of competent jurisdiction; (ii) enforcement actions through applicable federal, state, or local regulatory agencies; and (iii) claims for injunctive or equitable relief to protect intellectual property rights.

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22.5. Arbitration Fees. Filing, administrative, and arbitrator fees will be allocated in accordance with the AAA’s Consumer Arbitration Rules. SuccessFund will not seek fees or costs to which it is not entitled under those rules.

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22.6. Mass Arbitrations. If twenty-five (25) or more substantially similar arbitration demands are filed against SuccessFund, the AAA’s Supplementary Rules for Multiple Case Filings will apply, and the AAA may, in its discretion, administer such claims in batches to promote efficiency.

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22.7. Confidentiality. All arbitration proceedings, submissions, and outcomes are confidential. Neither party may disclose the existence, content, or results of any arbitration without the prior written consent of the other party, except as required by law or to enforce an arbitration award.

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22.8. Severability of Arbitration Agreement. If any provision of this Section 22 is found to be unenforceable, that provision shall be severed and the remaining provisions shall continue in full force. If the class action waiver is found unenforceable in a context where class proceedings are appropriate, the class action may proceed in court but individual claims must still be arbitrated.

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22.9. Time Limitation. Any claim or cause of action arising out of or relating to these Terms or the Platform must be filed within one (1) year of the date on which the cause of action accrued. Claims not filed within this period are permanently barred.

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22.10. Disputes Between Users. You are solely responsible for resolving disputes with other Users. SuccessFund is not obligated to intervene in User-to-User disputes, though we reserve the right to do so in our sole discretion.

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22.11. Attorney Fees and Costs. If any claim, demand, or legal proceeding arising out of or related to these Terms is determined by a court or arbitrator to have been brought or maintained in bad faith, without a reasonable basis in fact or law, or for an improper purpose such as harassment or delay, the party responsible for such bad-faith conduct shall pay the other party’s reasonable attorney fees and costs incurred in connection with that claim. This provision does not apply to claims that are unsuccessful but were brought in good faith.

23. Changes to the Terms

SuccessFund may revise these Terms at any time. For material changes, we will provide at least thirty (30) days’ advance notice where feasible, by email or prominent notice on the Platform, or such shorter notice as required by law or emergency. The effective date of any revision will be posted at the top of the Terms.

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Your continued use of the Platform after the effective date of revised Terms constitutes your acceptance of those changes. If you do not agree to revised Terms, you must discontinue use of the Platform before the effective date.

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In the event of a conflict between the English-language version of these Terms and any translation, the English version controls, unless prohibited by applicable law.

24. Miscellaneous

24.1. Entire Agreement. These Terms, together with the Privacy Policy, Refund Policy, and any other policies or agreements incorporated by reference, constitute the entire agreement between you and SuccessFund regarding your use of the Platform and supersede all prior agreements, representations, or understandings on the same subject matter.

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24.2. Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Utah, without giving effect to any conflict-of-law principles that would require application of the laws of another jurisdiction. For any dispute not subject to arbitration under Section 22 the parties consent to jurisdiction in the state and federal courts located in Salt Lake County, Utah.

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24.3. Waiver. SuccessFund’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision in any future circumstance.

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24.4. Severability. If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall remain in full force and effect.

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24.5. Assignment. You may not assign, transfer, or delegate any of your rights or obligations under these Terms without SuccessFund’s prior written consent. SuccessFund may freely assign these Terms — in whole or in part — at any time, including in connection with a merger, acquisition, asset sale, or corporate reorganization, without notice to you.

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24.6. Force Majeure. SuccessFund is not liable for any delay or failure to perform resulting from circumstances beyond its reasonable control, including natural disasters, acts of war or terrorism, government actions, public health emergencies, labor disputes, infrastructure failures, or shortages of critical materials or services.

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24.7. Export Compliance. The Platform, including any software or data associated with it, may be subject to U.S. export control laws. You agree not to access or use the Platform in violation of U.S. export laws or sanctions. You represent that: (i) you are not located in a country subject to a U.S. government embargo or designated as a state sponsor of terrorism; and (ii) you are not listed on any U.S. government restricted-party list.

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24.8. Electronic Agreement. You agree that these Terms, any notices provided hereunder, and any other communications between you and SuccessFund may be provided in electronic form and that electronic communications satisfy any legal requirement that such communications be in writing. A printed copy of these Terms is admissible in legal or administrative proceedings to the same extent as other business documents.

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24.9. No Third-Party Beneficiaries. Except as expressly provided (e.g., Apple in Section 18.2 and SuccessFund Affiliates), these Terms do not create any third-party beneficiary rights.

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24.10. Section Headings. Section headings are included for convenience only and shall not affect the interpretation of these Terms.

25. Contact Information

For general support inquiries:

Email: support@successfund.com

Website: www.successfund.com/home/helpcenter

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For Community Forum concerns:

Email: community@successfund.com

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For legal, copyright, or compliance matters:

Email: legal@successfund.com

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