1. Agreement to Terms
By creating an account or using Fundraising Wizard ("Service," "Platform," "we," "us"), you ("Customer," "you") agree to these Terms of Service. If you're signing up on behalf of a school, PTA, PTO, booster club, or organization, you confirm you have authority to bind that organization.
These terms work alongside our:
If there's a conflict between documents, these Terms of Service take priority.
2. What We Provide
The Service
Fundraising Wizard is a Software-as-a-Service (SaaS) platform that helps schools and organizations:
- Create and manage fundraising campaigns
- Design custom sublimation blankets and merchandise
- Upload and manage parent/supporter contact lists
- Send campaign emails and text messages
- Process orders and payments (via Stripe)
- Track sales, orders, and campaign performance
Service Availability
- We aim for 99.5% uptime (excluding scheduled maintenance)
- Scheduled maintenance happens during off-peak hours with advance notice
- We'll notify you of any extended outages via email
What We Don't Provide
- Legal, tax, or financial advice
- Guaranteed fundraising results
- Student data storage or educational records
3. Your Account
Creating an Account
- You must provide accurate, current information
- One account per organization (unless we agree otherwise)
- You're responsible for keeping your login credentials secure
- You must be 18 or older to create an account
Account Security
- You're responsible for all activity under your account
- Tell us immediately if you suspect unauthorized access: [email protected]
- We'll never ask for your password via email or phone
4. Acceptable Use
You Agree To:
- Use the platform for legitimate school/organization fundraising
- Only upload contact data you have permission to use
- Comply with all applicable laws (CAN-SPAM, TCPA, state privacy laws)
- Obtain proper consent before sending marketing messages
- Respond to opt-out/unsubscribe requests within 10 business days
- Keep uploaded content appropriate for a school environment
You Agree NOT To:
- Upload contacts without proper consent or authorization
- Send spam or unsolicited bulk messages
- Use the platform for anything illegal or fraudulent
- Attempt to access other customers' data or accounts
- Reverse engineer, scrape, or copy our software
- Resell or sublicense access to the platform
- Upload content that is obscene, threatening, or discriminatory
- Use the platform to collect data from children under 13 directly
Enforcement
We may suspend or terminate accounts that violate these terms. We'll give you reasonable notice (at least 7 days) unless the violation is severe (fraud, illegal activity, or harm to other users).
5. Orders, Products & Fulfillment
Custom Products
- All designs are created using your submitted content (logos, text, images)
- You're responsible for ensuring you have rights to any logos or images you upload
- Designs are reviewed before production (we may reject inappropriate content)
- Colors in digital proofs may vary slightly from final printed products
Order Processing
- Orders are confirmed via email with estimated delivery dates
- Standard production time: 10 business days after design approval
- Shipping times vary by destination and method selected
- We are not responsible for shipping carrier delays
Returns & Refunds
- Defective products: Full replacement or refund within 30 days of delivery
- Design errors (our fault): Full replacement at no charge
- Design errors (your approval): No refund (you approved the proof)
- Change of mind: Not eligible for refund (custom products made to order)
- Damaged in shipping: Contact us within 7 days of delivery with photos
To request a return or refund, email [email protected] with your order number and details.
6. Pricing & Payment
Subscription Fees
- Pricing is listed on our website and may change with 30 days' notice
- All prices are in US dollars unless otherwise stated
- Fees are billed monthly/annually in advance
Product Pricing
- Product prices are set per campaign and confirmed before order
- Bulk discounts may apply (see pricing page or contact us)
- Shipping costs are calculated at checkout
Payment Terms
- Payment is processed securely through Stripe
- We accept major credit/debit cards
- Failed payments: We'll retry and notify you. After 14 days of failed payment, we may suspend your account
- You're responsible for any applicable sales tax
Refund of Subscription Fees
- Cancel anytime — no long-term contracts
- Refunds are prorated for annual plans cancelled within the first 30 days
- Monthly plans: no refund for the current billing period after cancellation
7. Your Content & Data
You Own Your Stuff
- Your data is yours. Contact lists, campaign content, uploaded images, and order history belong to you
- We don't sell, share, or use your data for anything other than providing the Service
- See our Privacy Policy and Data Processing Agreement for full details
License to Us
By uploading content, you grant us a limited, non-exclusive license to use that content solely for:
- Providing the Service (displaying designs, sending campaigns, processing orders)
- Creating your custom products (printing your designs on merchandise)
This license ends when you delete the content or close your account.
Content Restrictions
We may remove content that:
- Violates these terms or applicable law
- Infringes on intellectual property rights
- Is inappropriate for a school fundraising context
Data Export & Deletion
- Export your data anytime (CSV download)
- Request full account deletion anytime
- We delete all your data within 30 days of account closure
- See our Data Processing Agreement for retention details
8. Intellectual Property
Our Stuff
- The Fundraising Wizard platform, branding, software, and documentation are owned by us
- You may not copy, modify, or redistribute our platform or materials
- "Fundraising Wizard" and our logo are our trademarks
Your Stuff
- You retain all rights to content you upload (logos, images, text)
- You're responsible for ensuring you have proper rights/licenses for content you upload
- If we receive a valid intellectual property complaint about your content, we'll notify you and may remove the content pending resolution
9. Communication & Messaging
From Us to You
- Transactional emails: Order confirmations, shipping updates, account notices (can't opt out—these are essential)
- Marketing emails: Product updates, tips, promotions (opt out anytime)
- SMS: Only if you opt in; reply STOP to cancel
From You to Your Contacts (Via Our Platform)
- You are the sender. Messages sent through our platform go out on your behalf
- You're responsible for compliance with CAN-SPAM, TCPA, and applicable state laws
- We provide tools to manage opt-outs, but enforcement is your responsibility
- We may suspend messaging if we detect abuse or high complaint rates
10. Limitation of Liability
What We're Liable For
To the maximum extent permitted by law, our total liability for any claims related to the Service is limited to the amount you paid us in the 12 months before the claim arose.
What We're NOT Liable For
We are not liable for:
- Lost revenue, profits, or fundraising goals not met
- Indirect, incidental, or consequential damages
- Data loss due to your failure to maintain backups
- Third-party service outages (Stripe, email providers, shipping carriers)
- Content you upload that infringes others' rights
- Actions taken by your contacts after receiving your campaigns
Disclaimer: The Service is provided "as is" and "as available." We make no warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
11. Indemnification
You agree to indemnify and hold harmless Fundraising Wizard from claims, damages, or expenses arising from:
- Your use of the Service
- Content you upload or distribute
- Your violation of these terms
- Your violation of any applicable law
- Messages sent through the platform on your behalf
12. Dispute Resolution
Let's Talk First
Before filing any legal claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.
Arbitration
If informal resolution fails, disputes will be resolved through binding arbitration under the rules of the American Arbitration Association (AAA), conducted in Phoenix, Arizona.
Exceptions
Either party may seek injunctive relief in court for intellectual property violations or data breaches.
No Class Actions
All disputes must be brought individually. You waive any right to participate in class action lawsuits or class-wide arbitration.
13. Termination
You Can Leave Anytime
- Cancel your subscription through your account settings or by emailing [email protected]
- Export your data before cancellation
- We'll delete your data within 30 days of account closure
We Can Terminate For Cause
We may suspend or terminate your account if you:
- Violate these terms
- Fail to pay after 14 days' notice
- Engage in fraudulent or illegal activity
- Cause harm to other users or our platform
What Happens After Termination
- Your access ends immediately (or at end of billing period for voluntary cancellation)
- We retain your data for 30 days (in case you change your mind), then delete it
- Outstanding payment obligations survive termination
14. Changes to These Terms
- We may update these terms with 30 days' notice via email
- Continued use after the effective date means you accept the changes
- If you disagree with changes, you may cancel your account before they take effect
- Material changes (pricing, liability, arbitration) will be clearly highlighted
15. General Provisions
- Governing Law: These terms are governed by the laws of the State of Arizona, without regard to conflict of law principles
- Entire Agreement: These terms, plus our Privacy Policy and DPA, constitute the entire agreement
- Severability: If any provision is found unenforceable, the rest remain in effect
- No Waiver: Our failure to enforce a provision doesn't waive our right to enforce it later
- Assignment: You may not assign your account without our consent. We may assign these terms in connection with a merger or acquisition
16. Contact Us
Fundraising Wizard
4539 N 22nd St, STE A, Phoenix, AZ 85016
- Email: [email protected]
- Phone: +1 866-657-2333
For legal notices, email [email protected] or send certified mail to the address above.