FundCreators Terms of Service

1. Introduction and Definitions

1.1 About FundCreators

Welcome to FundCreators, a reward-based crowdfunding platform operated by FundCreators ("FundCreators", "we", "us", or "our"). FundCreators is a company established in Scotland and operates under the laws of Scotland and the United Kingdom.

1.2 Definitions

In these Terms, unless the context otherwise requires:

• "Backer" means any user who makes a Contribution to a Project through the Platform;
• "Contribution" means a financial contribution made by a Backer to a Project in exchange for Rewards;
• "Creator" means any user who creates and submits a Project to the Platform seeking Contributions;
• "Creator-Backer Agreement" means the separate contractual agreement formed directly between a Creator and a Backer when a Contribution is made;
• "Platform" means the FundCreators website, mobile application, and all related services;
• "Project" means a crowdfunding campaign created by a Creator seeking Contributions;
• "Rewards" means the products, services, experiences, or other benefits (including profit-sharing arrangements) offered by a Creator to Backers in exchange for Contributions;
• "Terms" means these Terms of Service, as amended from time to time;
• "User" means any person who accesses or uses the Platform, including Creators and Backers.

1.3 Governing Legislation

These Terms are governed by the laws of Scotland and the United Kingdom, including but not limited to:

• The Consumer Rights Act 2015
• The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
• The UK General Data Protection Regulation (UK GDPR)
• The Data Protection Act 2018
• The Electronic Commerce (EC Directive) Regulations 2002
• The Privacy and Electronic Communications Regulations 2003

2. Platform Role and Limitations

2.1 Platform as Venue Only

FundCreators provides a technology platform that enables Creators to present Projects and Backers to make Contributions. You acknowledge and agree that:

1. FundCreators is a venue and facilitator only, and is not a party to any Creator-Backer Agreement;
2. When a Backer makes a Contribution to a Project, a direct contractual relationship is formed between the Backer and the Creator;
3. FundCreators has no control over and does not guarantee the quality, safety, legality, or availability of Projects or Rewards;
4. FundCreators does not guarantee that Creators will fulfil their obligations to Backers;
5. FundCreators does not endorse, verify, or validate any Projects, Creators, or claims made by Creators;
6. Any disputes arising from Creator-Backer Agreements are between the relevant Creator and Backer, and FundCreators is not obligated to resolve such disputes;
7. FundCreators' role is limited to providing the Platform and processing payments as a commercial agent.

2.2 Not an Investment Platform

FundCreators is a reward-based crowdfunding platform. The Platform does NOT:

• Offer investment opportunities or securities of any kind;
• Provide financial advice or investment advice;
• Facilitate the buying, selling, or trading of securities, shares, or equity;
• Promise or guarantee any financial returns on Contributions;
• Act as a collective investment scheme as defined by the Financial Services and Markets Act 2000;
• Operate peer-to-peer lending services.

2.3 Regulatory Status

FundCreators is NOT regulated by the Financial Conduct Authority (FCA) because we do not engage in regulated financial activities. Contributions made through our Platform:

• Are NOT investments and carry no expectation of financial return;
• Are NOT covered by the Financial Services Compensation Scheme (FSCS);
• Are NOT subject to the jurisdiction of the Financial Ombudsman Service (FOS);
• Do NOT create any equity, debt, or security interest in any Project or Creator's business.

2.4 Profit-Sharing Rewards Clarification

Some Projects may offer profit-sharing as a Reward. It is essential that you understand:

• Profit-sharing Rewards are contractual arrangements between the Creator and Backer;
• They do NOT constitute an investment, purchase of securities, loan, or equity stake;
• Backers acquire a contractual right to receive a share of profits if and when the Creator earns profits;
• There is NO guarantee that any Project will generate profits or that any Rewards will be paid;
• The Creator alone determines whether profits have been generated and calculates distributions;
• FundCreators is not responsible for verifying profit calculations or enforcing profit-sharing obligations.

3. Account Registration and Eligibility

3.1 Eligibility Requirements

To create an account and use the Platform, you must:

1. Be at least 18 years of age;
2. Have the legal capacity to enter into binding contracts under the laws of Scotland and your jurisdiction;
3. Not be prohibited from using the Platform under any applicable law;
4. Provide accurate, current, and complete registration information;
5. If registering on behalf of a legal entity, have the authority to bind that entity to these Terms.

3.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality and security of your account credentials;
• All activities that occur under your account;
• Notifying us immediately at support@fundcreators.com of any unauthorised access or use of your account;
• Ensuring that your account information remains accurate and up to date.

FundCreators shall not be liable for any loss or damage arising from your failure to protect your account credentials or from unauthorised use of your account.

3.3 Identity Verification

We may require identity verification for certain activities, including becoming a Creator or receiving funds. You agree to provide accurate identification documents upon request and consent to verification checks being performed in accordance with our Privacy Policy.

4. Creator Terms and Obligations

4.1 Project Submission and Approval

As a Creator, you may submit Projects for consideration. FundCreators reserves the absolute right to reject, remove, or suspend any Project at our sole discretion, without providing reasons, and without liability to you.

4.2 Creator Representations and Warranties

By submitting a Project, you represent, warrant, and undertake that:

1. You have full legal authority and capacity to create, deliver, and fulfil the Project and all Rewards;
2. Your Project does not violate any applicable law, regulation, or third-party rights (including intellectual property rights);
3. All information provided about your Project is accurate, complete, truthful, and not misleading;
4. You will fulfil all Rewards as described, within the timeframes specified;
5. You have the capacity and resources to fulfil all Rewards, even if your Project exceeds its funding goal;
6. Your Project does not constitute an offer of securities, investments, or regulated financial products;
7. Any profit-sharing arrangement complies with all applicable laws and does not constitute a collective investment scheme;
8. You will comply with all applicable tax obligations, including registration for and payment of VAT where applicable;
9. You will comply with the Consumer Rights Act 2015 and provide Backers with their statutory rights.

4.3 Creator Obligations to Backers

As a Creator, you directly contract with Backers and agree to:

1. Communicate regularly and transparently with your Backers about Project progress;
2. Use Contributions solely for the purposes described in your Project;
3. Deliver all Rewards as described and within promised timeframes;
4. Provide refunds as required under applicable consumer protection laws, including the Consumer Contracts Regulations 2013;
5. Respond to reasonable Backer enquiries within a reasonable timeframe;
6. Notify Backers promptly of any material changes to your Project or expected delivery timelines;
7. Maintain accurate records of all revenues, expenses, and communications related to your Project.

4.4 Funding Models

Projects may be structured as:

1. "All or Nothing": Contributions are only collected if the Project reaches its funding goal by the deadline. If the goal is not met, all Contributions are refunded to Backers.
2. "Flexible Funding": The Creator receives Contributions if a specified minimum threshold is reached, even if the full funding goal is not met.

4.5 Profit-Sharing Obligations

If your Project offers profit-sharing Rewards, you additionally agree to:

1. Provide accurate, honest, and timely revenue reports as specified in your Project terms;
2. Calculate and distribute profit shares in accordance with your stated methodology;
3. Distribute profit shares through the Platform within the timeframes specified;
4. Maintain comprehensive financial records and make them available for audit upon reasonable request;
5. Not artificially suppress or manipulate profit calculations to reduce Backer payments.

5. Backer Terms and Acknowledgements

5.1 Nature of Contributions

By making a Contribution, you acknowledge, understand, and agree that:

1. You are entering into a direct contract with the Creator, NOT with FundCreators;
2. Your Contribution is made in exchange for the possibility of receiving Rewards;
3. Your Contribution is NOT an investment and does NOT create any equity, debt, or security interest;
4. There is NO guarantee that you will receive any Rewards;
5. Any profit-sharing Reward is a contractual right to payment, not an ownership interest;
6. FundCreators is not responsible for the Creator's performance or delivery of Rewards.

5.2 Risks of Contributing

You understand and expressly accept the following risks:

1. Projects may fail, be abandoned, or not be completed as described;
2. Rewards may not be delivered, may be delayed, or may differ from descriptions;
3. Creators may become insolvent, bankrupt, or otherwise unable to fulfil their obligations;
4. Projects may not generate any profit, even if completed;
5. Profit-sharing Rewards may yield less than your Contribution, or nothing at all;
6. You may lose your entire Contribution with no recourse to FundCreators;
7. Past Project performance is not indicative of future results.

5.3 Backer Acknowledgements

You expressly acknowledge that:

1. FundCreators does NOT verify, validate, or guarantee any information provided by Creators;
2. FundCreators does NOT endorse any Projects or Creators;
3. FundCreators is NOT responsible for the success, failure, or performance of any Project;
4. Your contractual relationship for Rewards is with the Creator alone;
5. You are responsible for conducting your own due diligence before making any Contribution;
6. You should only contribute amounts you can afford to lose entirely.

5.4 Backer Due Diligence

Before making a Contribution, you are solely responsible for:

• Reviewing and understanding the Project description and Reward terms;
• Assessing the Creator's ability to deliver on their promises;
• Understanding the risks associated with crowdfunding;
• Deciding whether the Contribution is appropriate for your circumstances.

6. Fees, Payments, and Financial Terms

6.1 Platform Fees

FundCreators charges the following fees (all amounts exclusive of VAT):

• Platform Fee: 5% of total funds raised for successfully funded Projects;
• Payment Processing Fee: Variable fees charged by payment processors (disclosed at checkout);
• Profit Distribution Fee: 5% of all profit distributions processed through the Platform.

6.2 Value Added Tax (VAT)

All fees are subject to VAT at the applicable rate. Creators are responsible for their own VAT obligations in relation to Rewards provided to Backers. You acknowledge that the supply of Rewards may be subject to VAT and the Creator is solely responsible for accounting for any VAT due.

6.3 Payment Processing

Payments are processed by third-party payment processors. By using our Platform, you agree to comply with the terms and conditions of the relevant payment processor. FundCreators is not responsible for payment processing failures, delays, or errors caused by third-party processors.

6.4 Fund Disbursement

Subject to these Terms, funds will be disbursed to Creators after the funding period ends (for successful Projects), less applicable fees. FundCreators reserves the right to withhold or delay disbursement if we suspect fraud, breach of these Terms, or violation of applicable law.

7. Disputes Between Creators and Backers

7.1 Direct Resolution

If you have a dispute with a Creator or Backer, you must first attempt to resolve the dispute directly with the other party through reasonable communication.

7.2 FundCreators' Limited Role

FundCreators may, at its absolute discretion and without any obligation:

• Facilitate communication between disputing parties;
• Review complaints and provide non-binding guidance;
• Suspend or remove Projects in cases of suspected fraud or serious breach;
• Withhold funds pending resolution of disputes.

Any assistance provided by FundCreators does not create any obligation to assist in future disputes, does not make FundCreators a party to the dispute, and does not constitute legal advice or a binding determination.

7.3 Legal Remedies

Nothing in these Terms prevents either Creators or Backers from pursuing legal remedies against each other in the appropriate courts. Backers may also have rights under consumer protection legislation, including the Consumer Rights Act 2015.

8. Intellectual Property

8.1 FundCreators Intellectual Property

All intellectual property rights in the Platform, including but not limited to copyright, trademarks, trade names, service marks, logos, domain names, and software, are owned by FundCreators or our licensors and are protected by UK and international intellectual property laws. Nothing in these Terms grants you any rights in our intellectual property except the limited right to use the Platform in accordance with these Terms.

8.2 User Content Licence

By submitting content to the Platform (including Project descriptions, images, videos, comments, and other materials), you grant FundCreators a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the Platform and our business operations.

8.3 Your Warranties

You warrant that any content you submit does not infringe the intellectual property rights or other rights of any third party and complies with all applicable laws.

9. Prohibited Activities

You agree not to:

1. Use the Platform for any unlawful purpose or in violation of any applicable law;
2. Violate or infringe the intellectual property, privacy, publicity, or other rights of third parties;
3. Transmit malware, viruses, or other malicious code;
4. Interfere with or disrupt the Platform's operation or infrastructure;
5. Attempt to gain unauthorised access to the Platform, other accounts, or systems;
6. Collect, harvest, or scrape user data without authorisation;
7. Impersonate any person or entity or misrepresent your affiliation;
8. Use the Platform to promote or facilitate securities, investments, or regulated financial products;
9. Create fraudulent Projects or make false representations;
10. Engage in money laundering or terrorist financing;
11. Use automated systems (bots, scrapers, etc.) to access the Platform without permission;
12. Circumvent any security measures or access restrictions.

10. Account Termination

10.1 Termination by You

You may terminate your account at any time by contacting us at support@fundcreators.com or using the account closure feature on the Platform. If you are a Creator with active Projects or outstanding obligations, you must fulfil those obligations before account closure can be completed.

10.2 Termination by FundCreators

We may suspend or terminate your account immediately, with or without notice, for any reason, including but not limited to:

• Breach of these Terms;
• Suspected fraud or illegal activity;
• Requests by law enforcement or government agencies;
• Extended periods of inactivity;
• Technical or security issues;
• Any other reason at our sole discretion.

10.3 Effect of Termination

Upon termination, your right to use the Platform ceases immediately. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability. Outstanding obligations (including Creator obligations to Backers) survive termination.

11. Disclaimers and Limitation of Liability

11.1 Platform Provided "As Is"

The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 No Warranties Regarding Third Parties

We make no warranties or representations regarding:

• The accuracy, reliability, or completeness of Project information;
• The ability of Creators to fulfil their obligations;
• The quality, safety, or legality of Rewards;
• The success or profitability of any Project;
• The conduct of any User.

11.3 Limitation of Liability

To the fullest extent permitted by applicable law, FundCreators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses, arising from or related to:

1. Your use of or inability to use the Platform;
2. Any conduct or content of Creators, Backers, or other third parties;
3. Any Projects, Contributions, or Rewards;
4. Unauthorised access to or alteration of your data;
5. Any Creator-Backer Agreement or dispute.

11.4 Liability Cap

Our total aggregate liability for all claims arising from or relating to these Terms or your use of the Platform shall not exceed the greater of: (a) £100; or (b) the total fees paid by you to FundCreators in the 12 months preceding the claim.

11.5 Non-Excludable Liability

Nothing in these Terms excludes or limits our liability for:

1. Death or personal injury caused by our negligence;
2. Fraud or fraudulent misrepresentation;
3. Any other liability that cannot be excluded or limited under Scottish law or the laws of England and Wales.

12. Indemnification

You agree to indemnify, defend, and hold harmless FundCreators, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to:

1. Your breach of these Terms;
2. Your use of the Platform;
3. Your content or Projects;
4. Your violation of any applicable law or third-party rights;
5. Any Creator-Backer Agreement to which you are a party;
6. Any dispute between you and another User.

13. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Scotland.

The courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

If you are a consumer, you may also be entitled to bring proceedings in the courts of your country of residence, and nothing in these Terms affects your statutory rights as a consumer under the laws of your country of residence.

14. Consumer Rights and Protections

14.1 Statutory Rights

Nothing in these Terms affects your statutory rights as a consumer under UK law, including your rights under the Consumer Rights Act 2015. Advice about your legal rights is available from your local Citizens Advice Bureau, Trading Standards office, or the Competition and Markets Authority.

14.2 Cancellation Rights

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you may have the right to cancel certain transactions within 14 days. However, this right does not apply once performance of services has begun with your consent, or where digital content delivery has started. For Contributions to Projects, your rights depend on the specific circumstances of each transaction.

14.3 Refunds

Refund policies for Contributions are as follows:

• For "All or Nothing" Projects: Contributions are automatically refunded if the funding goal is not reached;
• For successfully funded Projects: Refunds are at the discretion of the Creator and subject to the Creator-Backer Agreement;
• FundCreators may process refunds in cases of suspected fraud or serious breach of these Terms.

15. Data Protection

We are committed to protecting your privacy and personal data. Our processing of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. We comply with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and other applicable data protection legislation.

16. Alternative Dispute Resolution

If you are not satisfied with how we have handled any complaint, you may wish to consider alternative dispute resolution (ADR). ADR is a process where an independent body considers the facts of a dispute and seeks to resolve it without you having to go to court.

For disputes with FundCreators, you may contact the Scottish Mediation Network (www.scottishmediation.org.uk) or another ADR provider. ADR is typically free to consumers and can be faster and less formal than court proceedings.

If you are an EU consumer, you may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr, although please note that following the UK's exit from the EU, this may have limited applicability.

17. Changes to These Terms

We may revise these Terms at any time by updating this page. Material changes will be notified to you via email or through the Platform at least 30 days before they take effect. By continuing to use the Platform after changes become effective, you agree to be bound by the revised Terms.

If you do not agree to any revised Terms, you must stop using the Platform and close your account before the changes take effect.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any other policies referenced herein, constitute the entire agreement between you and FundCreators regarding the Platform and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

18.3 No Waiver

No failure or delay by FundCreators in exercising any right or remedy shall constitute a waiver of that right or remedy. A waiver of any provision shall only be effective if made in writing.

18.4 Assignment

You may not assign or transfer these Terms or any of your rights or obligations without our prior written consent. We may assign these Terms without restriction.

18.5 No Partnership

Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and FundCreators.

18.6 Third-Party Rights

These Terms do not confer any rights on any person or party (other than the parties to these Terms) pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.

18.7 Force Majeure

FundCreators shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemic, government action, or failures of third-party services.

19. Contact Information

If you have any questions about these Terms, please contact us:

• Email: support@fundcreators.com
• Legal enquiries: legal@fundcreators.com