Terms of Use
Terms of Agreement
By using PopUpfunds.com (a part of Trusty Technologies LLC), you accept PopUp Funds terms of use and agree to abide by said terms, the payment processor's (Stripe) terms of use, as well as any applicable local, state, or national law that applies. Please read and review all terms carefully.
Who we are
We are a website that allows you to collect and pay others. Our platform has been created to ease the collection process for all types of uses. Including but not limited to: fundraisers, events, organization fees and dues, events, school products and more. PopUp Funds provides tools to ease collecting, paying and tracking online. All users collecting, must have a valid PopUp account that is maintained and up to date. The PopUp Funds platform uses Stripe payment processing service. https://stripe.com/us/connect-account/legal
Your use of PopUp Funds establishes acknowledgment and acceptance of Stripes' terms of use and privacy policy as well as PopUp Funds terms of use and policies.
Account Registration
You are not required to have an account with PopUp Funds if you are a payer. In order to create a PopUp and collect funds you must be a registered user. When registering, you agree to provide true and accurate information and that the information will be updated if there are any changes. You agree to immediately notify PopUp Funds of any unauthorized use of your password or account information as well as any other breach of security.
Security
PopUp Funds takes internet security and your information security seriously. Examples of safeguards we may use are authentication procedures, firewall barriers, and encryption techniques.
Law Compliance
By using PopUp Funds, you agree to follow all applicable local, state and federal laws and regulations. PopUp Funds reserves the right to terminate any user account or PopUp we deem to violate these laws or our own terms of service.
Age Restriction
You must be the greater age of 18 or the age of majority in the jurisdiction where you reside to use the PopUp Funds platform.
Fees
All fees are stated on our home page. Fees are based upon what is collected by you. By using PopUp Funds you agree to all fees that are published. PopUp Funds reserves the right to change fees at any time. You must have an authorized account and authorized form of payment in order to receive payment from others. Our service does not have a warranty. Any payment with insufficient funds will result in the applicable penalty being charged on to the collector. PopUp Funds reserves the right to recover funds from the collector's bank account if there are no funds in the collector's PopUp Funds account.
Payouts
When you request a payout, it will take approximately 1-3 days for your funds to credit your account. Your first payout after creating an account may be pending for 7-10 days after your first successful payment is received. The first payment usually takes a little longer to establish your Stripe account. Subsequent payouts are then processed quicker.
Taxes
There are many uses for PopUp Funds. We are a service that allows users to collect money for various reasons. Because of this, it is your responsibility to determine what, if any, taxes apply to the payments you make or receive. It is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. PopUp Funds is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction. Please speak with a tax advisor for more advice.
Refunds
Refunds for a goods or service on a PopUp is the responsibility between the buyer and the PopUp owner. Contact the PopUp owner for any refunds or questions.
Good and Services
PopUp Funds is not the owner or organizer of items on a PopUp and does not guarantee any good or service on a collectors PopUp.
We do not pre-screen PopUps. All collectors are expected to represent their good or service to the best of their ability. If a PopUp seems fraudulent, please contact PopUp Funds to report said fraudulent event. PopUp Funds reserves the right to terminate the PopUp and the User's account at anytime.
Not a Bank Account
PopUp Funds is not a bank. We provide a platform for you to pay or collect money. We do not collect bank account or credit card numbers or offer banking services. All payments and money is transferred through our third party vendor, Stripe. (https://stripe.com/us/legal) We are not involved with payment issues between you and the payer and we do not guarantee a payers payments.
You may not hold money in your PopUp account for extended periods of time, we are not a bank. If your PopUps have been dormant, 90 days or longer, and you have not requested a payout, PopUp Funds reserves the right to force payout.
Account Ownership
When setting up an account through PopUp Funds and Stripe, we may ask for account numbers, birth date and Social Security numbers. This information lets us know that you are you. This information is used for security purposes only and is not disseminated to any third parties.
In the event of a dispute regarding Account Ownership, we reserve the right to request documentation or confirm Account ownership. Documentation may include, but is not limited to: a scanned copy of your driver's license or business license, government issued photo ID, and the last four digits of the credit card on file.
If PopUp Funds is unable to reasonably determine the rightful Account owner, PopUp Funds reserves the right to disable an Account until resolution has been determined between the disputing parties.
Privacy Policy
PopUp Funds does collect information entered into our website. This information is used to help you with your PopUp and for us to better serve you. PopUp Funds will not sell your information or otherwise disseminate said information. We may use your information for internal purposes such as auditing, data analysis and research to improve our platform. Your information can be shared with a third party vendor or contractor when deemed necessary. When using PopUp Funds you agree to our Privacy Policy.
Your Content
When using PopUp Funds you agree to only use lawful and morally acceptable content. PopUp Funds reserves the right to terminate a PopUp or account if we deem your content is inappropriate.
Unacceptable content may be, but is not limited:
- Discriminatory, abusive or inflammatory
- sexually explicit, obscene or offensive
- Fraudulent or in violation of the law
- Infringement on copyright or intellectual property
- Harmful to minors in anyway
- Facilitates gambling
- Impersonates any person or entity
Permitted Use
You are permitted and encouraged to share your PopUp through email and social media.
You may not:
- Imply that PopUp Funds is endorsing your PopUp
- Use PopUp Funds likeness and logos to promote your own items, website or services
- Collect users email addresses and usernames for the purpose of sending unsolicited emails and the unauthorized framing of or linking to the PopUp Funds site
- Lay claim to ownership, copyright or intellectual property of PopUp Funds
Liability
No matter what your claim or cause of action is, PopUp Funds and any third party vendor we use, are NOT liable to you or any third party for:
- The quality of any products, services, information, or other items purchased or obtained by you through PopUp Funds will meet your expectations, or that any errors in PopUp Funds will be corrected.
- Your dependency on PopUp Funds content or service
- Your inability to access PopUp funds
- Any viruses, spyware, phishing, trojan horses or other malicious malware that you allege to have been obtained from PopUp Funds
- Any actual direct, indirect, incidental, consequential or punitive damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
Conflict Resolution and Limitation of Liability
In the event there is a conflict between PopUp Funds and you, you hereby agree to go to mediation in order to resolve said conflict. If a mediator cannot be agreed upon by the parties, then each party will choose a mediator and both of these mediators will choose a third mediator in order to conduct said mediation. If the conflict cannot be resolved in mediation, the either said may bring suit in the appropriate Court of Law in Dallas County where Texas Law shall apply. Therefore venue shall lie in Dallas County. PopUp Funds liability is limited to the amount of monies paid to PopUp Funds by you.
ALL OF THIS MEANS:
PopUp Funds is not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
PopUp Funds is not responsible for collecting or reporting any local, state or federal taxes that may apply to your PopUp.
Service is 'as is', it may have errors or interruptions and we provide no warranties.
Anything you upload remains yours and is your responsibility.
If PopUp Funds believes your PopUp is inappropriate, we can take it down.
Updated as of March 2018.