FundCreators Terms of Service

1. Introduction

Welcome to FundCreators, a reward-based crowdfunding platform operated by FundCreators ("we", "us", or "our").

These Terms of Service ("Terms") govern your access to and use of the FundCreators website, mobile application, and services (collectively, the "Platform"). By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Platform.

The Platform enables creators ("Creators") to post projects ("Projects") seeking financial contributions from users ("Backers") in exchange for rewards, experiences, or products ("Rewards"). The Platform is not an investment platform and does not offer investment opportunities, financial returns, or equity in Projects.

2. Important Notices

2.1 Not an Investment Platform

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

• Offer investment opportunities
• Provide financial advice
• Facilitate the buying or selling of securities or investments
• Promise financial returns on contributions

2.2 Not Regulated by the Financial Conduct Authority

FundCreators is not regulated by the Financial Conduct Authority (FCA) because we do not engage in regulated financial activities such as investment-based crowdfunding. Contributions made through our Platform are not investments and are not covered by the Financial Services Compensation Scheme (FSCS).

2.3 Reward-Based Contributions Only

All contributions are made in exchange for Rewards only. While some Projects may share a portion of their profits with Backers as part of the Rewards structure, this sharing of profit does not constitute:

• An investment in the Project
• A loan to the Creator
• The purchase of securities
• Any right to equity in a business

2.4 No Guaranteed Returns

Contributions to Projects do not guarantee any financial return. Any profit sharing offered as a Reward is subject to the Project's success and is not guaranteed.

3. Account Registration

3.1 Account Creation

To use certain features of the Platform, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Age Restriction

You must be at least 18 years old to create an account and use the Platform.

4. Creator Terms

4.1 Project Submission

As a Creator, you may submit Projects for consideration to be hosted on the Platform. We reserve the right to reject or remove any Project at our sole discretion.

4.2 Creator Representations and Warranties

By submitting a Project, you represent and warrant that:

1. You have the legal right and authority to create and deliver the Project and Rewards.
2. Your Project does not violate any law, regulation, or third-party rights.
3. All information provided about your Project is accurate, complete, and not misleading.
4. You will fulfil all Rewards as described and in the timeframe specified.
5. You have the capacity to fulfil all Rewards even if your Project exceeds its funding goal.
6. Your Project does not constitute an offer of securities or investments.
7. Any profit-sharing offered as a Reward is compliant with all applicable laws and regulations.

4.3 Project Funding

Projects may be structured as:

1. "All or Nothing": The Creator only receives funds if the Project meets or exceeds its funding goal by the deadline.
2. "Minimum Threshold": The Creator receives funds if a specified minimum amount is raised, even if the full funding goal is not met.

4.4 Creator Obligations

As a Creator, you agree to:

1. Communicate regularly with your Backers about the progress of your Project.
2. Use the funds raised solely for the purposes described in your Project.
3. Deliver all Rewards as described and within the promised timeframe.
4. Provide refunds as required under these Terms or applicable law.
5. Comply with all tax and legal obligations related to your Project.
6. Maintain accurate records of revenues and expenses.

4.5 Revenue Reporting and Distribution

If your Project offers profit-sharing as a Reward:

1. You must provide regular, accurate reports on revenue as specified in your Project description.
2. You must distribute the promised share of profit to Backers through the Platform within the timeframe specified.
3. You must maintain accurate financial records and make them available for audit upon reasonable request.

5. Backer Terms

5.1 Making Contributions

By making a contribution to a Project, you acknowledge and agree that:

1. You are making a contribution in exchange for a Reward, not an investment.
2. You are not acquiring any equity, debt, or other security interest in the Project or the Creator.
3. There is no guarantee that you will receive Rewards.
4. Any profit sharing received is a contractual right to payment based on the Creator's profit, not a right to ownership.

5.2 Contribution Risks

You understand and accept the following risks:

1. Projects may not be completed as described or at all.
2. Rewards may not be delivered as described or at all.
3. Projects may not generate any profit, even if they are completed.
4. If profit-sharing is offered, the amount you receive may be less than your contribution or nothing at all.

5.3 Backer Acknowledgments

You acknowledge that:

1. We do not guarantee the accuracy of any information provided by Creators.
2. We do not endorse any Projects or verify the claims made by Creators.
3. We are not responsible for the success or failure of any Project or the delivery of Rewards.
4. Your contribution is a transaction between you and the Creator, not with us.

6. Fees and Payments

6.1 Platform Fees

We charge Creators a platform fee of 5% of the total funds raised for successful Projects. This fee covers the costs of hosting the Project and processing payments.

6.2 Payment Processing Fees

Payment processing fees may apply to all contributions and are in addition to the platform fee. These fees are charged by our payment processors and are disclosed at the time of contribution.

6.3 Profit-Sharing Fees

We charge a fee of 5% on all profit distributions made through the Platform. This fee covers the costs of processing and distributing payments.

6.4 Payment Methods

We accept payments through various payment methods, which may change from time to time. By making a payment through the Platform, you agree to comply with the terms and conditions of the relevant payment processor.

7. Disputes Between Creators and Backers

7.1 Direct Resolution

If you have a dispute with a Creator or Backer, you agree to contact them directly and attempt to resolve the dispute amicably.

7.2 Our Limited Role

We may, but are not obligated to, provide assistance in resolving disputes between Creators and Backers. Any assistance we provide is at our discretion and does not create any obligation to resolve future disputes.

7.3 No Guarantee of Resolution

We do not guarantee that any dispute will be resolved to your satisfaction.

8. Intellectual Property

8.1 Platform Content

All content on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, is our property or the property of our licensors and is protected by UK and international copyright laws.

8.2 Creator Content

By submitting content to the Platform, Creators grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the Platform.

8.3 Backer Content

By posting comments, reviews, or other content on the Platform, Backers grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the Platform.

9. Prohibited Activities

You agree not to:

1. Use the Platform for any illegal purpose or in violation of any local, national, or international law.
2. Violate or infringe other people's intellectual property, privacy, publicity, or other legal rights.
3. Use the Platform to transmit any malware, spyware, or other malicious code.
4. Interfere with the proper working of the Platform.
5. Bypass measures we may use to prevent or restrict access to the Platform.
6. Collect or harvest any personally identifiable information from the Platform.
7. Impersonate any person or entity or misrepresent your affiliation with a person or entity.
8. Use the Platform to promote or facilitate investment opportunities or financial products that would require FCA regulation.

10. Termination

10.1 Termination by You

You may terminate your account at any time by following the instructions on the Platform or by contacting us at support@fundcreators.com.

10.2 Termination by Us

We may terminate or suspend your account and access to the Platform at any time, with or without notice, for any reason, including but not limited to violation of these Terms.

10.3 Effect of Termination

Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Limitation of Liability

11.1 Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Platform, or the information, content, materials, or products included on the Platform.

11.2 Limitation of Liability

To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

1. Your access to or use of or inability to access or use the Platform.
2. Any conduct or content of any third party on the Platform, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties.
3. Any content obtained from the Platform.
4. Unauthorized access, use, or alteration of your transmissions or content.

11.3 Cap on Liability

In no event shall our total liability to you for all claims arising out of or relating to the use of the Platform exceed the amount paid by you to us for access to the Platform, if any, during the 12 months immediately preceding the date of the claim.

11.4 Non-Excludable Liability

Nothing in these Terms shall limit or exclude our liability for:

1. Death or personal injury resulting from our negligence.
2. Fraud or fraudulent misrepresentation.
3. Any other liability that cannot be excluded or limited by Scottish or English law.

12. Indemnification

You agree to indemnify, defend, and hold harmless FundCreators, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Platform using your account.

13. Changes to These Terms

We may revise these Terms at any time by updating this page. By continuing to access or use the Platform after those revisions become effective, you agree to be bound by the revised Terms.

14. 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.

Each party irrevocably agrees that 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).

15. Miscellaneous

15.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Platform and supersede all prior agreements and understandings, whether written or oral.

15.2 Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof.

15.3 Severability

If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

15.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without our consent shall be null and void.

15.5 Relationship of the Parties

Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between you and us, constitute either of us as the agent of the other, or authorize either of us to make or enter into any commitments for or on behalf of the other.

16. Contact Information

Questions about these Terms should be sent to us at support@fundcreators.com.

17. Consumer Rights

As a consumer, you have legal rights in relation to services that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

18. Data Protection

We are committed to protecting your privacy. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information that pertains to your privacy.

19. Distance Selling Regulations

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you may have the right to cancel your contribution within 14 days without giving any reason. However, this right does not apply to contributions made to Projects once the Project has been fully funded and work has begun on delivering the Rewards.

20. Alternative Dispute Resolution

Alternative dispute resolution 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. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Scottish Mediation Network via their website at www.scottishmediation.org.uk. The Scottish Mediation Network will not charge you for making a complaint, and if you are not satisfied with the outcome, you can still bring legal proceedings.