Proeli

Terms of Service

 

Questions about our terms?  Contact Us at [email protected]

 

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1. Introduction

 

1.1. Purpose of the Terms

Welcome to Proeli! These Terms of Service, which we may update from time to time, apply to the Proeli Platform, including our website at www.proeli.org, mobile apps, and any new features we might add. These Terms of Service are important because they help define our relationship with you as you use the Platform. “Proeli,” “we,” “us,” “our,” and other similar terms, shall refer to the party you are contracting with.

 

1.2. Acceptance of Terms

By using any of the Services or the Platform, you’re agreeing to these Terms of Service. This means you understand and accept all the rules about using our Services. Whether you are contributing to a Fundraiser as a Donor, starting a Fundraiser, withdrawing funds as an Organizer, Beneficiary, or NPO, or otherwise interacting with the Services, these terms apply to you. Depending on where you live, you might be entering into this agreement with different Proeli entities. If you are located in the United States, you are contracting with Proeli, Inc. If you are located in Australia, you are contracting with Proeli Australia PTY Ltd. If you are located anywhere else in the world, you are contracting with Proeli Ireland Limited. However, Proeli, Inc. may apply, and exercise our rights under, these Terms of Service on behalf of the party that you are contracting with. Please see the bottom of these Terms of Service for the addresses and contact information for each of these Proeli entities.

 

1.3. Quick Note on Arbitration

If you’re using Proeli in the United States, Australia or Canada, you need to know about our arbitration agreement. By using our Services, you are agreeing that if there’s a disagreement or legal issue between you and Proeli, it will be resolved through binding arbitration, not in court. You also waive your right to be part of a class action lawsuit or to have a jury trial. Please make sure to read the “Dispute Resolution & Arbitration” section of these Terms of Service for more details.

 

 

2. Definitions

These are the key terms that you need to know that will be referenced throughout these Terms of Service:

 

2.1. Account

A unique account created by a user to access and utilize Proeli’s Services, which includes personal information, credentials, and activity logs.

 

2.2. Affiliates

Any entity that directly or indirectly controls, is controlled by, or is under common control with Proeli. This includes subsidiaries, parent companies, and any other related entities.

 

2.3. Beneficiary

The individual, group or entity for whose benefit the corresponding Fundraiser is conducted and who is the intended recipient of the funds raised.

 

2.4. Certified NPO

Any 501(c)(3) non-profit organization that has successfully enrolled with the PayPal Giving Fund to receive donations.

 

2.5. Donor

Any individual or entity that contributes funds to a Fundraiser on or through the Services.

 

2.6. Fundraiser

A campaign initiated on the Services with the goal of raising funds for a specific purpose for a Beneficiary.

2.7. NPO

A non-profit organization (including churches, universities or other educational institutions) that is established for charitable purposes under applicable laws and is eligible to receive donations through the Platform.

 

2.8. Organizer

An individual or entity (including a non-profit organization) who initiates and manages a fundraiser on the Platform.

 

2.9. Platform

The entire suite of online Services provided by Proeli and its Affiliates, including our website, mobile applications, and any related software, services or technologies.

 

2.10. Profile

An optional feature that allows Users to share their activity on Proeli with other Users, including Fundraisers they have created or donated to (unless donated anonymously), to learn about activity on Proeli or spotlight specific causes or organizations they care about most, and engage with other Users.

 

2.11. Recurring Fee

A recurring fixed fee that we may charge when donors set up a recurring donation to a Fundraiser. To learn more about the Platform and the applicable Recurring Fee, visit Proeli Pricing.

 

2.12. Services

All features, functionalities, and tools provided by Proeli and its Affiliates through its Platform, enabling Users to create and manage Fundraisers, Profiles, donate, and interact with each other.

 

2.13. Services Content

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

 

2.14. Software

The proprietary software and applications provided and owned by Proeli that enable users to access and use the Services.

 

2.15. Third Party Resources

Any websites, Services, content, or resources provided by entities other than Proeli or its Affiliates, which may be accessible through the Services.

 

2.16. Transaction Fee

A fee charged by Proeli or its payment processors for processing donations. To learn more about the Platform and the applicable Transaction Fee, visit Proeli Pricing.

 

2.17. Transfers

The process of moving funds raised through the Services to the Beneficiary’s bank account or other designated account.

 

2.18. User

Any individual or entity that accesses, registers for, or uses the Platform, including Organizers, Donors, Beneficiaries and NPOs.

 

2.19. User Content

Any content, activity, or information, including your name, text, images, videos, and other materials, that a User posts, uploads, submits, or otherwise makes available or shares with other Users on or through the Services including in connection with any Fundraiser or Profile.

 

2.20. User Conduct

The behaviors and actions of Users while using or otherwise accessing the Services.

 

 

3. The Services We Provide

 

3.1. Description of the Services provided

We offer a Platform for individuals, entities, or nonprofits to create Fundraisers to collect monetary donations from Donors for themselves or a third party who will benefit from the funds. We also provide a Profiles feature that allows users to create and maintain a Profile where they can share information about their fundraising activities, highlight or follow causes they support.

 

3.2. Our Role and Limitations

Our Services are a tool for running Fundraisers and for helping Organizers connect with Donors; we are not a bank, payment processor, broker, charity, or financial advisor. We do not solicit donations, the existence of the Services is not a solicitation of donations, and we do not engage in solicitation activities for ourselves or others on our Platform. We do not act in, or intend to act in, any capacity that requires registration, licensure, or compliance as a Professional Fundraiser, Commercial Fundraiser, or Professional Fundraising Counsel in any US state, as such terms are defined under applicable laws. All information provided through our Services is for your general knowledge and isn’t meant to be professional advice. If you need specific advice, especially regarding financial, legal, or tax issues, you should consult with a professional. We do not control or endorse any User, Fundraiser, or cause, and we can’t guarantee the success of a Fundraiser. As a Donor, it’s up to you to decide if a cause is worth contributing to.

 

3.3. Modification, Suspension, or Termination of the Services

We can change, pause, or stop all or some of the Services at any time and for any reason. We will try to avoid any problems this might cause you or others, but sometimes we might not be able to give you advance notice, especially if it’s an emergency or required by law. We are not responsible for any issues that these changes might cause. Additionally, to enhance and personalize your experience, we may conduct tests, including A/B testing, which involve displaying different versions of our Services to our users to evaluate and improve our Services and our performance.

 

 

4. Account Creation and Eligibility Requirements

 

4.1. What You Need for Registration

When you sign up to use certain Services, you must provide information that is correct and complete about yourself, your organization, or your NPO. This includes your name as it appears on your government-issued identification, address, phone number and any photos or videos that you may provide, if you’re organizing a Fundraiser or creating a Profile. It’s important to always keep this information up to date to ensure everything runs smoothly. Our Privacy Notice and these Terms of Service govern the registration data and any other information you provide.

4.2. Compliance with Third-Party Services

You might also need to register with third-party payment processors we work with, which may involve agreeing to their terms (provided under the Payment Processor section below). If, at any point, we or our payment processors discover that the information you provided to us is inaccurate, violates our Terms of Service or terms of service of our payment processors, or if you misuse the funds, we may immediately suspend or terminate your access to all or some of our Services. You could also face criminal charges by relevant governmental authorities.

 

4.3. Age Restrictions

If you are under 18, you cannot use our Platform or Services. By using our Platform or our Services, you represent and warrant that you are over the age of 18. Notwithstanding the foregoing, Minors under 18 may be Beneficiaries of Fundraisers on our Platform, subject to compliance with Section 9.4 below.

 

4.4. Keeping Your Account Safe

You are responsible for keeping your password and account information confidential. Do not share your password with anyone. If you think someone else has used your Account without your permission, you should tell us right away. Also, always remember to log out of your Account when you’re done using it, especially if you’re on a computer that others can use too. If you don’t keep your Account safe and comply with these Terms of Service, Proeli won’t be responsible for any losses that you may incur. For more information on how to keep your account safe, visit our Account security page.

 

4.5. Mobile Services and Text Messages

The Services include certain features that may be made available via a mobile device, including the ability to: (i) upload User Content to the Platform; (ii) browse the Platform; and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you about matters related to your Account or security by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. Further, when setting up your Proeli Account, if you click “Send code” by “Text Message,” you agree to receive automated and non automated text messages related to your Account from or on behalf of Proeli at the phone number provided. You can reply STOP to such text messages to cancel, except for automated text messages related to the security of your Account. Message frequency will vary. Message and normal data rates may apply. We will comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your Proeli Account information to ensure that your messages are not sent to the person that acquires your old number. Additionally, you agree to the SMS Terms of Service as it applies to the provision, receipt, and delivery of text messages by Proeli.

 

 

5. Payment Processors

Proeli itself does not hold any funds raised on our Platform, nor does it handle the actual processing of payments. Instead, we use third-party payment processors to manage and process all donations for Fundraisers. To Transfer funds from a Fundraiser, you must provide your bank account details to our payment processor partners.

By making a Donation, setting up a Fundraiser or accepting the role of Beneficiary to a Fundraiser, you agree to the processing, use, Transfer or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by the applicable Payment Processors. Our current Payment Processors include: Adyen LLC (Adyen’s terms and conditions), Stripe, Inc. (Stripe’s terms of service), and PayPal, Inc. (PayPal’s terms of service), and PayPal Giving Fund terms. Our current payment processor for Organizers and Beneficiaries located in the EEA, Switzerland and the UK is Adyen N.V. which contracts with Proeli Ireland, Ltd. Please see Adyen N.V.’s terms and conditions here. Proeli’s payment partner in Australia is Adyen Australia. Adyen Australia contracts with Proeli’s Australian entity, Proeli Australia Pty Ltd, is the contracting party responsible for transactions benefitting the Australian User. For more information, please see Combined Financial Services Guide and Product Disclosure Statement.

For more details, including how we handle data with these third party payment processors, please refer to our Privacy Notice, Adyen LLC (Adyen’s terms and conditions), Stripe, Inc. (Stripe’s terms of service), and PayPal, Inc. (PayPal’s terms of service).

 

 

6. User Responsibilities and Obligations

 

6.1. Organizers

As an Organizer, you represent and warrant that all the information you provide (whether directly, or through an agent or by using artificial intelligence) about your Fundraiser is accurate, complete, and clear. You are responsible for describing on your Fundraiser how funds will be used, and ensuring the funds raised are only used for that specific purpose. You may post updates to your Fundraiser so Donors know how their money is being used, and any other relevant information. If you are raising funds on behalf of someone else, you must ensure that all funds raised are given to or spent on behalf of that Beneficiary. By adding a Beneficiary, you relinquish control of the donations for your Fundraiser to the Beneficiary. When you organize a Fundraiser, you agree to follow all laws and regulations related to your Fundraiser, including but not limited to those about taxes and donations. If you are using personal data from anyone, including but not limited to their name, image or likeness, you must have their valid legal permission to share it with us and post it on the Services. You also agree not to provide or offer to provide goods or services in exchange for donations. We may share information about your Fundraiser with Donors, the Beneficiary, legal authorities, and as otherwise described in our Privacy Notice. Also, if you create a Fundraiser for an NPO, then you consent to us sharing your name and email with such NPO for their compliance or fundraising purposes.

 

(a) Maintaining Accurate Information

Keeping your registration details accurate and current is essential. This includes updating your name, address, and any images or videos you use to represent yourself, your organization, or your NPO. This helps maintain transparency and trust with Donors and ensures compliance with these Terms of Service and applicable legal requirements.

 

(b) You Agree to Cooperate

When you organize a Fundraiser on Proeli, you agree to fully cooperate with any request for evidence that we deem necessary to verify your compliance with these Terms of Service. Our requests may include, but are not limited to, asking that you: (a) explain how funds were or will be handled; (b) supply documentary evidence of the circumstances described on your Fundraiser; (c) share the identity of any party receiving, benefitting from, or involved with handling all or any portion of the funds; (d) supply proof of how funds were or will be used; or (e) supply evidence that the intended third party Beneficiary consents to a plan for distribution of funds consistent with the description of your Fundraiser. We reserve the right to refuse, condition, suspend, freeze or ban any Donations, Accounts, Fundraisers, Transfers or other transactions that we believe in our sole discretion may violate these Terms of Service or harm the interests of our Users, business partners, the public, or Proeli, or that expose you, Proeli, or others to risks unacceptable to us.

 

6.2. Donors

When you donate money on Proeli, it’s your responsibility to understand how your donation will be used, and you donate at your own risk. Make sure to regularly check the Fundraiser’s page for any updates or new information. We are not responsible for what Organizers promise or offer in their Fundraisers. We are also not responsible for verifying information that appears on Fundraisers, nor do we guarantee that donations will be used in accordance with any fundraising purpose prescribed by a User or Fundraiser. However, we take all reports of fraud or misuse of funds very seriously, and we will take appropriate action against any Fundraiser or User that violates our Terms of Service. We also protect Donors through the Proeli Giving Guarantee. Unless you choose to donate anonymously, you consent to Proeli using your name to promote donation matching or to otherwise encourage others to donate, provided however, Proeli will obtain additional consents, if required under applicable laws.

(a) Making Donations

When you donate to a Fundraiser or NPO through Proeli, you need to use a credit card or other payment method that is linked to your Account. You represent and warrant that your payment information is correct and that you are legally authorized to use your payment method. There may be a minimum amount you can donate, and once you donate your money will not be refunded unless Proeli decides to give a refund pursuant to Section 7.1(b) or pursuant to the Proeli Giving Guarantee. We use third party payment processors to process your donation. As explained further in Section 5 “Payment Processors”, by donating, you also agree to allow our payment processors to handle your payment information according to their rules and these Terms. For details on the companies we use for processing payments and their rules, please check the “Payment Processors” section above.

 

(b) Recurring Donations

By opting into recurring donations, you authorize Proeli and its vendors to charge your designated payment method without further authorization from you. You agree that the donation amount you specify will be charged to your payment method at the frequency you select (e.g., monthly) until the earlier of (1) the Fundraiser ceasing to be a valid, active Fundraiser or (2) as soon as reasonably practical, after you elect to cancel this recurring donation.

 
(i) Cancellation

You may cancel your recurring donation at any time by contacting our Support Team or through the cancellation feature in your account as part of Services. Cancellation will take effect promptly upon receipt of your cancellation request, and no further donations will be processed after the cancellation date. However, any donations processed prior to your cancellation will not be refunded unless due to other reasons such as the fundraiser not being valid.

 

(c) Reporting Concerns

We take any reports of fraud or misuse of funds very seriously. You can learn more about how we handle fraud and misuse by visiting our page on How We Protect Our Community. If you have reason to believe that a User or Fundraiser is not raising or using the funds for their stated purpose, please use the “Report” button that appears at the bottom of every Fundraiser to alert our team of this potential issue and we will investigate.

 

(d) No Restrictions When You Donate to NPOs

If you donate to an NPO you can’t decide exactly how your donation is used. Even if you donate for a specific project or tell the NPO how you’d like your donation used, these instructions are just suggestions. The NPO has the final say and can use all donations at their discretion.

 

(e) Tax Implications of Donating to NPOs

When you donate to an NPO, you should talk to a tax advisor to understand if your donation is tax-deductible. Proeli doesn’t withhold funds for tax purposes or otherwise, nor does Proeli guarantee that your donations are tax-deductible or eligible for tax credits. Proeli will also not be liable for any claims or penalties assessed by any tax authorities regarding how your donation is reported by you or a third party.

 

(f) We share your Information with NPOs you Donate to

In certain cases, we may share your personal information (even if you’ve chosen to donate anonymously), with the NPO to which you donate, in accordance with our Privacy Notice. The NPO may use this information only for compliance and transactional purposes such as providing a donation receipt unless you expressly provide appropriate consent during the Donor checkout flow to allow the NPO to reach out to you. Proeli isn’t responsible for how the NPO uses your information.

 

(g) ACH Donations

When you donate to a Fundraiser or NPO through Proeli via automated clearing house (“ACH”) transaction, you authorize Proeli to electronically debit the bank account you linked to your Account (and, if necessary, electronically credit your account to correct any erroneous debits). You agree that ACH transactions you authorize comply with all applicable law. You understand that this authorization will remain in full force and effect until you notify Proeli Support via our Help Center that you wish to revoke this authorization. You understand that Proeli requires at least two days prior notice in order to cancel this authorization.

 

6.3. Profiles

If you choose to create a Profile, you agree to adhere to all the terms regarding User Content and User Conduct set forth in Section 8 (“Prohibited Fundraisers and Related User Content”) and Section 9 (“Prohibited User Conduct”) below. This means, among other things, that you may not use your Profile to post misleading, false, or unlawful content, and that you agree to provide accurate information about your identity by using the name reflected on your government-issued identification. Notwithstanding the foregoing, you may use a username or other identifier on your Profile or your custom public profile URL, but we reserve the right to remove it if we believe it is inappropriate (such as when a trademark owner complains about a username or identifier that does not closely relate to your actual name or when it otherwise violates these Terms of Service). Proeli reserves the right, at its sole discretion and without prior notice, to suspend your Profile and to remove or modify any User Content included on your Profile that violates these Terms of Service. By creating a Profile and choosing to make it public, you acknowledge that your profile information, activities and related User Content may be visible to other Users. You may control your account settings to make your profile either public or private. For more information on how your data will be collected and used, please see our Privacy Notice.

 

6.4. NPOs

If you’re using the service to fundraise as an agent for an NPO or claiming or managing an account for an NPO on our Services, you represent and warrant that you are authorized to do so and will follow all applicable laws. We may seek additional verification to confirm that you are authorized to act on behalf of the NPO as needed. Your NPO must be legally recognized as and continue to remain tax-exempt and registered with the appropriate authorities, like the IRS in the United States or the Canada Revenue Agency in Canada.

 

(a) Refunds via PayPal or PayPal Giving Fund

If a Donor gets a refund of their donation and if the PayPal Giving Fund has already transferred the donation to the NPO, the refunded amount will be deducted from any future payments to the NPO. If necessary, an invoice may be issued to the applicable NPO regarding the refunded amount. The NPO agrees to pay back the full amount of any refunded donation to Proeli, PayPal or the PayPal Giving Fund. PayPal or the PayPal Giving Fund might also elect to reduce a future donation amount instead of asking the NPO to return the money.

 

(b) Adding or Claiming your NPO on the Services

Our Services may include public-facing pages providing information about NPOs and an authorized representative from the NPO will have the right to claim these pages and manage their presence on the Services. By claiming an NPO page on Proeli, you represent and warrant that you are an authorized officer, director, trustee, or other duly authorized representative of the NPO with the authority to act on behalf of and provide consent for the NPO. If, in your capacity as an authorized representative of an NPO, you use the Services to solicit donations from donors in California on behalf of an NPO, you must ensure that your NPO maintains Good Standing status in California as defined under Cal. Gov’t Code § 12599.9(a)(3). Failure to maintain Good Standing status may impact your NPO’s ability to receive Donations from California. By claiming an NPO page on Proeli, an NPO thereby provides consent and agrees that, pursuant to California Government Code Section 12599.9(f)(1), Proeli Users may use the NPO’s name in Fundraiser solicitations for donations to the NPO conducted on the Proeli platform. Claimed NPOs may revoke such consent (either for a particular Fundraiser or for all Fundraisers) on Proeli at any time by contacting Support via our Help Center. In cases other than when we use PPGF, you further authorize us to act as your agent to facilitate donations and provide written charitable acknowledgement to donors on your behalf. This information will be reported to you in your existing Services provided by Proeli or its affiliates, either through a dashboard or sent to you via email.

 

(c) Removing your NPO from Proeli

If you’re an authorized representative of an NPO and you don’t want your NPO listed on Proeli, you can ask us to remove your NPO from our database. Please send us an email to [email protected] with your full name, your job title, and your NPO’s email and phone number. Keep in mind, if we remove your NPO from our database, it won’t be able to receive donations through Proeli anymore.

 

(d) Receiving Funds

As an NPO, when you get donations, the total amount you actually receive will be reduced by the amount of our Transaction Fees, and subject to the applicable Payment Processor’s procedures and terms. Proeli isn’t the one processing your payments or holding onto your funds.

 

(e) Payment Processors for NPOs

Proeli has partnered with PayPal and, in limited circumstances, Adyen or Stripe, to process Donations to NPOs. Although exceptions can be made, NPOS in the United States, United Kingdom, Ireland, Canada and Australia will be defaulted to using the PayPal Giving Fund to process Donations made through the Services. The manner in which transactions are processed is explained below. NPOs in other countries will be defaulted to using Adyen or Stripe.

 

(f) PayPal Giving Fund

In the United States, Donations to support Certified NPOs will be made to PayPal Giving Fund, a grant-giving IRS-registered 501(c)(3) public charity. PayPal Giving Fund receives Donations from Users as the NPO of record and then, in accordance with its policies, grants Funds to the NPO selected by the Organizer and identified in the Fundraiser. While PayPal Giving Fund takes multiple steps to attempt to grant donated funds according to the Donor’s identified preference, PayPal Giving Fund retains exclusive control over all Donations. If a Certified NPO fails to meet the terms of PayPal Giving Fund’s Nonprofit Certification Policy and/or fails to meet PayPal Giving Fund’s due diligence standards for receipt of a grant of donated funds at any time, PayPal Giving Fund may reassign the funds in accordance with its Donation Delivery Policy. When PayPal Giving Fund receives your Donation, it will grant the Donation to the NPO of your choice, but PayPal Giving Fund will provide your tax receipt. Donations made to PayPal Giving Fund are governed by PayPal Giving Fund’s Privacy Policy and Donor Terms of Service. PayPal Giving Fund’s entities outside the United States are also registered NPOs in their countries. For example, if an Organizer in the United Kingdom starts a Fundraiser for an NPO in the United Kingdom, then PayPal will act as the Payment Processor with PayPal Giving Fund UK receiving the Donations. Thereafter, PayPal Giving Fund UK will grant funds to the NPO identified in the Fundraiser in accordance with its policies, and it will issue a tax receipt for all Donations received through it.

 

6.5. Tax Responsibilities for Organizers, NPOs and Beneficiaries

We do not withhold funds for tax purposes or otherwise. You, as an Organizer, Beneficiary, or NPO, are solely responsible for paying any applicable taxes in connection with any donations you receive. It’s up to you to calculate, report, and pay the correct amount of tax to the tax authorities.

 

6.6 Data Sharing with NPOs

You, as an NPO may receive names, emails or other data from us for Donors who donated to your organization or Organizers who created fundraisers for your organization. You confirm that you will only use such data for your compliance or fundraising purposes, and will ensure compliance with all applicable privacy and other relevant laws.

 

 

7. Transfers, Holds, Returns & Chargebacks

 

7.1. Transfers

While we strive to make Transfers available to you promptly, our ability to do so is dependent upon Users providing the right information and upon our technical systems operating as intended. You acknowledge and agree that: (i) Transfers may not be available to you for use immediately; (ii) we do not guarantee that Transfers will be always available to you within any specific time frame, but we will use commercially reasonable efforts to provide Transfers as soon as reasonably possible; (iii) you will cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service; and (iv) to the extent permitted by applicable law, we expressly disclaim any and all responsibility for any delay in Transfers or your inability to access and use donated funds at any specified time, and any consequences arising from such delay or inability. We will use commercially reasonable efforts to let you know when you can expect to receive the Transfer and to provide a clear timeframe whenever possible.

 

(a) You must provide accurate info

You, as an Organizer and/or Beneficiary, are responsible for (i) verifying your personal information and bank account information under “Set up transfers” as soon as possible; and (ii) ensuring that the information you provide to Proeli and/or its Affiliates in order to process a Transfer, including bank account information, is accurate and up to date.

 

(b) Refunds

We may, in our sole discretion, offer or issue a refund of Donation(s), which may comprise the entire amount donated to your Fundraiser. Refunds may be issued with or without prior notice, depending on the circumstances. For example, we may refund donors based on fraud prevention, violation of our Terms of Service, card scheme compliance, failure to provide requested evidence of compliance with our Terms of Service, legal obligations, or other reasons. To the extent permitted by applicable law, we will not be liable to you or any third party for any claims, damages, costs, losses, or other consequences caused by refunds, including, but not limited to, transaction or overdraft fees. Subject to our Proeli Giving Guarantee, we will determine the appropriate resolution in cases where Donors, Organizers, or Beneficiaries request a refund. Where a Beneficiary does not want the funds (or the portion of funds that exceed the Fundraiser goal) and an Organizer or Beneficiary requests a refund, or where a Beneficiary fails to complete the necessary steps to withdraw funds within 120 days of the first donation (unless otherwise extended at Proeli’s discretion), Proeli may, in its sole discretion, offer refunds to donors or redirect funds to a verified NPO whose mission aligns with the stated purpose of the Fundraiser where appropriate and permitted by law. Where practical, we will notify donors and provide an opportunity for them to request a refund before redirecting funds to such NPO. Nothing in this section shall modify or limit the terms of the Proeli Giving Guarantee in any way.

 

(c) Transfer Funds within 120 Days

Our payment processors are not able to hold funds indefinitely. If you do not Transfer your donations to your bank account within one hundred and twenty (120) days of your first donation, our payment processors may, in accordance with relevant laws and regulations, refund or escheat any funds raised. You will be responsible for working with the appropriate governmental authority to claim any escheated funds.

 

7.2. Transfer Holds

We may, in our sole discretion, place a hold on a Fundraiser, restrict Transfers, initiate a reverse ACH Transfer, secure reserves, or take similar actions to protect our Users (any of these actions may be referred to as a “Hold”). We may put a Hold on your Fundraiser or Account for several reasons, including but not limited to:

 

(a) Compliance Concerns

We need more information to verify that your Fundraiser complies with our Terms of Service, or we have determined that a Fundraiser or User has violated our Terms of Service;

 

(b) Alternative Recipients

Our determination that the funds should be provided directly to a person other than the Organizer, such as a legal Beneficiary or person entitled by law to act on behalf of an Organizer;

 

(c) Changed Purpose

We have determined, in our sole discretion, that the use of funds has materially changed from the original purpose of the Fundraiser, necessitating refunds to Donors;

 

(d) Legal Requirements

Such action is required to comply with a court order, injunction, writ, or as otherwise required under applicable law and regulations.

If you have questions about a Hold we may have placed on your Fundraiser or Account, or need information about how to resolve the Hold, please see this article and check the email account used to register for additional information.

 

7.3. Payment Processor Chargebacks or Returns

Occasionally, a Donor may dispute a credit card or ACH charge for a Donation through the Services or submit a request for a refund under the Proeli Giving Guarantee. If you believe that an error has occurred in any of your donations, please contact us immediately via our Help Center so we can help resolve the issue. Any fraud disputes or chargebacks initiated with your payment provider may be contested by us on the basis of this authorization. In situations where the Cardholder is not alleging that a fraudulent donation has been made (i.e. that the transaction was not made by the cardholder), the Cardholder should always attempt to resolve the dispute with the Organizer or with us before pursuing a chargeback or return.

We will review each request to determine whether the request is legitimate, and if we determine a request is not legitimate, we may use information submitted by you and/or at our disposal at the time of donation to defend that request. Further, we will defend any non-fraud request with such reason codes