Terms of Service

1. Platform Overview

Welcome to GradSend, a community-powered fundraising platform operated by Mogul Creative Media Group, LLC. GradSend is designed to help families and communities support high school seniors with senior-year milestone expenses such as prom, graduation, senior photos, college applications, and other related activities.

Important clarifications:

• GradSend is a for-profit platform, not a charity or nonprofit organization.
• GradSend does not guarantee fundraising success or that any campaign will reach its goal.
• GradSend is not responsible for the fulfillment of senior-year activities or the use of funds raised.
• GradSend acts as a facilitator connecting campaign creators with potential donors.

2. Acceptance of Terms

By accessing, browsing, or using GradSend's services, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you may not use GradSend.

When you create a campaign, you will be required to:

• Review these Terms of Service
• Check a required checkbox confirming your agreement
• Acknowledge that your acceptance is recorded with a timestamp

These Terms apply to all users, including campaign creators, donors, supporters, and visitors browsing public campaign pages.

3. Eligibility & Account Requirements

Age Requirements

To create an account or campaign on GradSend, you must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater.

Campaigns Featuring Minors

While campaigns may feature high school students who are minors, accounts and campaigns must be created by:

• A parent or legal guardian of the minor
• An authorized adult with proper legal authority

By creating a campaign featuring a minor, you affirm and represent that you:

• Have the legal authority to act on behalf of the minor
• Have obtained all necessary permissions and consents
• Are responsible for all campaign content and fundraising activities

Account Responsibilities

You agree to:

• Provide accurate, current, and complete information when creating your account
• Maintain the security of your account password
• Notify GradSend immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

4. Campaign Creator Responsibilities

As a campaign creator, you represent, warrant, and agree that:

• All information provided is truthful and accurate, including the student's identity, school affiliation, and intended use of funds
• Funds will be used for senior-year related purposes as described in your campaign
• You will not misrepresent the student, school, fundraising purpose, or intended use of donations
• You are solely responsible for all campaign content, outcomes, and fulfillment of stated goals
• You have the legal right to create the campaign and represent the student featured
• You will comply with all applicable federal, state, and local laws
• You will not impersonate any person, school, or organization

5. Use of Images, Likeness, and Content (Content Rights)

This section is very important. By creating a campaign and uploading content to GradSend, you grant GradSend a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, reproduce, modify, distribute, display, and publish the following materials:

• Campaign text and descriptions
• Photographs and images
• Videos
• Student name, likeness, and biographical information
• Testimonials and success stories

How Content May Be Used

GradSend may use your campaign content for:

• Social media posts (Instagram, Facebook, TikTok, etc.)
• Marketing and promotional materials
• Website features (homepage showcases, success stories, etc.)
• Email campaigns and newsletters
• Paid advertisements and sponsored content
• Press releases and media outreach
• Platform improvements and analytics

Consent for Campaigns Featuring Minors

When your campaign features a minor, you confirm and warrant that:

• You have the legal authority (as a parent or guardian) to grant consent on behalf of the minor
• You consent to GradSend's use of the minor's name, image, likeness, and story as described above
• You have informed the minor about how their information will be used

Content Removal Requests

You may request removal of your content by contacting GradSend at hello@gradsend.com. However, GradSend is not required to remove content that has already been published, shared, or incorporated into promotional materials. Content used in advertisements, social media, or print may remain in circulation.

6. Minors & Privacy Protections

GradSend takes the safety and privacy of minors seriously.

Restrictions

• Campaigns may feature minors but cannot be created by minors
• Campaign creators must ensure all content is appropriate, non-exploitative, and complies with child safety standards
• No direct messaging between donors and minors is permitted
• No sharing of sensitive personal data such as home addresses, phone numbers, school schedules, or other identifying information

GradSend's Right to Moderate

GradSend reserves the right to:

• Remove content featuring minors that violates safety, privacy, or community standards
• Suspend or terminate accounts for misuse, exploitation, or misrepresentation
• Report suspected abuse or illegal activity to appropriate authorities

7. Payments, Fees & Stripe Integration

Payment Processing

GradSend uses Stripe as its third-party payment processor. All payment transactions are processed securely through Stripe. GradSend does not store credit card numbers or banking information on its servers.

Platform Fees

GradSend charges the following fees:

• 5% platform fee on all donations received
• Stripe processing fees (typically 2.9% + $0.30 per transaction, charged separately by Stripe)
• Instant payout fees (1.5% + $0.50 per transfer, if you choose instant payout instead of standard transfer)

Payout Requirements

To receive payouts, campaign creators must:

• Connect a valid Stripe account
• Complete Stripe's identity verification process
• Provide accurate banking information

No Liability for Third-Party Services

GradSend is not responsible for Stripe service interruptions, payment delays, account holds, or disputes. All Stripe-related issues must be resolved directly with Stripe.

8. Donations & Refund Policy

Voluntary Donations

All donations made through GradSend are voluntary and at the donor's discretion. Donors should carefully review campaign information before contributing.

No Refund Guarantee

All donations are final. GradSend does not guarantee refunds to donors. If a donor requests a refund, the request will be handled through Stripe and is subject to Stripe's refund policies.

Limitation of Responsibility

GradSend is not responsible for:

• Donor dissatisfaction with how funds are used
• Campaign creators failing to fulfill stated goals
• Disputes between donors and campaign creators
• Funds misused by campaign creators

9. Prohibited Uses

You may not use GradSend for any illegal or unauthorized purpose. Prohibited activities include, but are not limited to:

• Fraudulent campaigns: Creating fake campaigns, misrepresenting students, or providing false information
• Misuse of funds: Using donations for purposes other than those stated in the campaign
• Hate speech or harassment: Posting content that is discriminatory, offensive, threatening, or abusive
• Exploitation of minors: Posting inappropriate, sexualized, or exploitative content featuring minors
• Illegal fundraising: Raising money for illegal activities, weapons, drugs, or other prohibited purposes
• School impersonation: Falsely claiming official school endorsement or partnership
• Spam or solicitation: Using GradSend to send unsolicited messages or advertisements
• Violating third-party rights: Infringing on copyrights, trademarks, or privacy rights

10. Account Suspension & Termination

GradSend reserves the right, in its sole discretion, to:

• Suspend or terminate user accounts at any time, with or without notice
• Remove campaigns that violate these Terms or community standards
• Freeze funds if fraud, misuse, or illegal activity is suspected
• Withhold payouts pending investigation or resolution of disputes
• Report violations to law enforcement or regulatory authorities

GradSend is not obligated to provide advance notice or explanation for account actions. Users are not entitled to compensation for suspended or terminated accounts.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRADSEND AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Fundraising outcomes: Whether a campaign reaches its goal or receives any donations
• User disputes: Conflicts between campaign creators and donors
• Campaign misuse: How funds are used by campaign creators
• Third-party actions: Actions or omissions of Stripe, payment processors, or other third parties
• Loss of funds: Due to user error, unauthorized access, or technical issues
• Service interruptions: Downtime, data loss, or technical failures

MAXIMUM LIABILITY: In no event shall GradSend's total liability to you for all claims exceed the amount of fees paid by you to GradSend in the 12 months preceding the claim.

GradSend is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

12. Indemnification

You agree to indemnify, defend, and hold harmless GradSend, Mogul Creative Media Group, LLC, and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of GradSend
• Your campaign content, including images and likeness
• Your violation of these Terms
• Your violation of any third-party rights, including privacy or intellectual property rights
• Your misuse of funds or misrepresentation of campaign purpose
• Any disputes between you and donors or other users

13. Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.

Arbitration

Any disputes arising out of or relating to these Terms or your use of GradSend shall be resolved through binding arbitrationin accordance with the rules of the American Arbitration Association. The arbitration shall take place in Arizona.

Waiver of Class Actions

You agree to resolve disputes on an individual basis only and waive your right to participate in class action lawsuits or class-wide arbitration.

Venue

If arbitration is not applicable, any legal action must be brought in the state or federal courts located in Arizona.

14. Updates to Terms

GradSend reserves the right to modify or update these Terms at any time, at its sole discretion. When we make changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify users of material changes via email or platform notification (where feasible)

Continued use of GradSend after changes are posted constitutes your acceptance of the modified Terms.If you do not agree to the updated Terms, you must stop using GradSend immediately.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and GradSend regarding your use of the platform.

17. Contact Information

For questions, concerns, or legal inquiries regarding these Terms of Service, please contact: