TERMS OF SERVICE

FOR CROWDERA.ORG

Last Updated: February 2025


1. INTRODUCTION & ACCEPTANCE OF TERMS

1.1 Welcome to Crowdera.org

Welcome to Crowdera.org (the “Site”), a donations and charity-discovery platform operated by Crowdera Foundation (“Crowdera Foundation,” “we,” “our,” or “us”). Crowdera Foundation is an independent 501(c)(3) nonprofit in the United States and an 80G-approved NGO in India, operating as a donor-advised fund that enables nonprofits worldwide to host fundraising campaigns.

Global Projects: Crowdera.org may support projects of nonprofit organizations from non-OFAC (non-sanctioned) countries, provided those organizations are legally allowed to receive foreign contributions in their respective jurisdictions.

Discovery Platform: In addition to serving as a donor-advised fund, Crowdera.org also functions as a project discovery or charity discovery platform, displaying projects from partner platforms or other nonprofit partners. In certain scenarios, donations may be processed and disbursed directlyby a payment processing partner to the respective nonprofit fundraisers.

1.2 Crowdera Pte Ltd – Technology Provider

Crowdera.org is powered by SaaS fundraising technology owned byCrowdera Pte Ltd. All intellectual property (IP) rights in this technology belong to Crowdera Pte Ltd, not Crowdera Foundation. However, Crowdera Pte Ltd does not control, manage, or oversee Crowdera Foundation’s operations, decision-making, or financial activities. Any similarity in name does not imply legal or operational affiliation; Crowdera Pte Ltd bears no liability for the actions or commitments of Crowdera Foundation or its affiliates.

1.3 Acceptance of Terms

By accessing, browsing, or using the Site (including making donations, creating a fundraiser, applying for a grant, or engaging in any other functionality offered), you (“User”, “you”, or “your”) agree to be bound by these Terms of Service (the “Terms”), our Privacy Policy, and any additional guidelines or supplementary terms (collectively, “Supplementary Terms”) posted on the Site or otherwise made available to you.

Additionally, you acknowledge and agree that your use of the Crowdera.org platform is also subject to the underlying technology provider’s Terms of Service, available at crowdera.com/universal-tos. These terms govern the technological infrastructure supporting Crowdera.org and must be followed in conjunction with these Terms.

If you do not agree to these Terms, do not use the Site.

1.4 Eligibility

  • Age: You must be at least 18 years of age (or the age of majority in your jurisdiction) to create an account or otherwise use the platform in a legally binding manner.
  • Entity Representation: You must be at least 18 years of age (or the age of majority in your jurisdiction) to create an account or otherwise use the platform in a legally binding manner.

1.5 Geographic Scope (U.S. and International)

These Terms apply to users in the United States and internationally. By accessing or using Crowdera.org from locations outside the U.S., you do so at your own risk and are responsible for compliance with local laws.


2. DEFINITIONS

  • Campaign: A fundraising initiative created by a Fundraiser (including nonprofit project leaders) on Crowdera.org.
  • Donation: Any monetary contribution made by a Donor to a Campaign.
  • Donor: Any individual or entity making a Donation through Crowdera.org.
  • Fundraiser (or Project Leader): Any nonprofit, charity, or individual organizer using Crowdera.org to raise funds, including its representatives.
  • Nonprofit Organization: A legally registered charitable entity or NGO that may be eligible to receive Donations. .
  • Platform (or Site): The online fundraising system hosted on Crowdera.org.
  • User: Anyone accessing, browsing, or using the Site in any capacity (e.g., donors, nonprofits, or visitors).

3. CROWDERA FOUNDATION & PLATFORM DESCRIPTION

3.1 Donor-Advised Fund & Discovery Services

  • Donor-Advised Fund: Crowdera Foundation operates as a donor-advised fund, hosting fundraising projects by partner charities and global nonprofits (non-OFAC).
  • Project/Charity Discovery :Crowdera.org may display projects or campaigns sourced from partner platforms or other nonprofit partners. In some cases, donations may go directly to these nonprofits through a payment processing partner.

3.2 Independence from Crowdera Pte Ltd

Crowdera Pte Ltd (and its subsidiaries) solely provides the fundraising technology. It holds no governance or financial oversight role in Crowdera.org. It is not liable for any actions, decisions, or commitments made by Crowdera Foundation or its affiliates.

3.3 Tax-Exempt Status & International Compliance

  • U.S. Donors:: Crowdera Foundation issues 501(c)(3) tax-exempt receipts to eligible donors.
  • FCRA Compliance:Donations to Indian NGOs without valid FCRA approval are strictly prohibited for foreign contributions.

4. ACCOUNT CREATION & USER RESPONSIBILITIES

4.1 Registration & User Credentials

When you create an account, apply for a grant, submit an expression of interest, or make a donation, you must provide accurate, complete, and up-to-date information. You will select or be given usernames and passwords (collectively, “User ID”). By doing so, you agree to:

  1. Provide truthful information and promptly update it for accuracy.
  2. Keep your User ID confidential. You are responsible for all activities under your User ID, with or without your knowledge.
  3. Notify Crowdera Foundation immediately if you suspect any unauthorized use of your account.
  4. Log out at the end of each session to protect your account.

4.2 Personal Information

When you create an account, apply for a grant, submit an expression of interest, or make a donation, you must provide accurate, complete, and up-to-date information. You will select or be given usernames and passwords (collectively, “User ID”). By doing so, you agree to:

  • By providing personal information to Crowdera Foundation, you grant us a perpetual, irrevocable, transferable, worldwide, royalty-free license to use, reproduce, store, display, publish, and distribute such information in connection with Site operations, subject to your privacy preferences and our Privacy Policy.

5. DONATIONS, CAMPAIGNS & TIPPING

5.1 Donor-Advised Fund Model

Crowdera Foundation acts in accordance with donor-advised fund regulations. While we strive to honor donor intent, we do not guarantee that Donations will be used for a specific project or purpose. Crowdera Foundation retains final discretion over the grant of funds.

5.2 Global Campaigns and Payment Processing

  • Global Nonprofits:Crowdera.org may feature nonprofits from around the world (excluding OFAC-sanctioned countries), provided they meet relevant requirements to receive foreign contributions.
  • Direct Disbursement:In some cases, a payment processing partner may directly disburse donations to the nonprofit’s bank account. Crowdera Foundation may not handle such funds if the arrangement is direct.

5.3 Tipping

Donors may choose to add an optional tip during checkout. This tip supports Crowdera.org’s operations (e.g., platform maintenance, technology improvements) and is not mandatory.

5.4 Individual Fundraisers & Social Cause Crowdfunding

Crowdera.org may also operate as a crowdfunding platform for social causes, allowing individual fundraisers to directly raise money from donors:

  1. Approval:
    • Review & Discretion: Such campaigns require prior review and approval by Crowdera.org at its sole discretion. Crowdera.org may choose to approve or reject these campaigns.
  2. Tax Exemption:
    • Approved Programs:If a campaign is approved under any of the approved programs of Crowdera.org, donors may be eligible to receive a tax exemption receipt in accordance with these Terms (e.g., 501(c)(3) or 80G) if the campaign complies with all applicable nonprofit regulations.
    • Regular Crowdfunding:If a campaign is not approved under any of Crowdera.org’s tax-exempt programs but is still approved for regular crowdfunding, then the donations to that campaign will not be treated as tax-exempt by Crowdera Foundation.

5.5 Fund Distribution

  1. Fund Management:Where Crowdera Foundation directly collects and manages funds, it disburses them to partner charities or projects in compliance with donor-advised fund guidelines.
  2. Permissible Uses:Fundraisers are expected to use donated funds solely for the stated charitable purpose; misuse may lead to action by Crowdera Foundation.
  3. No Guarantees & Refunds:Crowdera Foundation generally does not provide refunds unless specifically approved by the relevant fundraiser, or in certain cases at our discretion.

5.6 Payment Gateway Fees

  • While we do not charge Donors a platform fee (other than an optional tip), transactions may incur payment gateway processing fees, which can be deducted before funds are disbursed.

6. PROHIBITED ACTIVITIES & RULES OF CONDUCT

Your use of the Site is conditioned on responsible, lawful behavior. You must not:

  1. Violate Laws:Engage in fraudulent or unlawful activities or violate any applicable laws or regulations, including export controls or FCRA restrictions for Indian NGOs.
  2. Misrepresent Campaigns:Provide false or misleading information about fundraising campaigns.
  3. Post Prohibited Content:Share anything threatening, harassing, fraudulent, defamatory, obscene, or proprietary without authorization.
  4. Transmit Harmful Code:Upload or distribute viruses, worms, Trojan horses, spyware, or any code harmful to the Site.
  5. Spam or Solicit Illegally:Send unsolicited promotions, chain letters, or pyramid schemes; attempt to harvest user data.
  6. Impersonate Others:Falsely claim to represent an entity or misrepresent your affiliation.
  7. Interfere with the Site:Disrupt or attempt to gain unauthorized access to the Site’s servers, data, or operations.
  8. Extract or Scrape Data:Use automated scripts, bots, or similar technologies to collect information from the Site without express permission.
  9. Solicit Funds Improperly:Seek grants or distribute funds without the appropriate authorization or an explicit invitation by the donor.

7. USER-PROVIDED CONTENT & INTELLECTUAL PROPERTY

7.1 Profile, Forum Content & Submissions

  • User Content:You may be allowed to post information in various areas (e.g., profiles, forums). You retain ownership in content you post (“Submission”), but grant Crowdera Foundation aperpetual, irrevocable, non-exclusive, transferable, royalty-free license to use, reproduce, and display such Submissions in connection with operating the Site.
  • DMCA Compliance:If you believe your copyrighted material is posted on the Site without authorization, please refer to Section 14 for information on DMCA takedown procedures.

7.2 Intellectual Property Rights

  • Crowdera Foundation IP:The Site design, content, and features (except the underlying technology) are owned or licensed by Crowdera Foundation and protected by intellectual property laws.
  • Crowdera Pte Ltd IP:All platform technology, software, and code powering Crowdera.org remain the exclusive property of Crowdera Pte Ltd.
  • Trademarks:“Crowdera Foundation,” “Crowdera.org,” and associated logos are trademarks of Crowdera Foundation. You may not use them without prior written consent.
  • License to You:Subject to your compliance with these Terms, Crowdera Foundation grants you a limited, non-exclusive, revocable license to access and use the Site for personal, non-commercial purposes.

8. LIABILITY & DISCLAIMERS

8.1 Crowdera Foundation’s Limited Liability

  • Crowdera Foundation provides the Site and all content “as is,”without warranties of any kind (express, implied, or statutory).
  • We do not guarantee the accuracy or timeliness of campaigns or the use of donations for specific purposes.
  • Crowdera Pte Ltd bears no responsibility for Crowdera Foundation’s decisions, distributions, or operations.

8.2 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, CROWDERA FOUNDATION AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.3 Limitation of Liability

IN NO EVENT WILL CROWDERA FOUNDATION (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, DATA, OR USE) ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. OUR MAXIMUM LIABILITY SHALL NOT EXCEED US $100 .

8.4 Assumption of Risk

Users assume all risks associated with making donations or relying on campaign information. Crowdera Foundation is not liable for any misuse of funds by a fundraiser.


9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Crowdera Foundation (and its successors, employees, officers, directors, affiliates, and agents) from all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or in connection with:

  1. Your use of or activities on the Site.
  2. Your violation of these Terms or any applicable law. ns.
  3. Your infringement of any third-party rights.

10. DISPUTE RESOLUTION & GOVERNING LAW

10.1 Disputes Between Donors & Fundraisers

Any dispute between a donor and fundraiser (or project leader) should be resolved directly between the parties. Crowdera Foundation may, at its discretion, facilitate communications but is not obligated to mediate or resolve disputes.

10.2 Governing Law & Jurisdiction

These Terms are governed by the laws of the Delaware (USA), without regard to conflict-of-law principles. You agree to submit to theexclusive jurisdiction of the courts located in the State of Delaware. Crowdera Foundation may seek injunctive or equitable relief in any relevant jurisdiction.


11. MODIFICATIONS & TERMINATION

11.1 Changes to These Terms

Crowdera Foundation reserves the right to modify these Terms at any time. We will post a notice on the Site along with the date of the last revision. Your continued use of the Site after such changes indicates your acceptance of the revised Terms.

11.2 Termination of Access

Crowdera Foundation may suspend, cancel, or terminate your access to the Site for any reason, at any time, without notice. Upon termination, you must cease all use of the Site and we may delete or deactivate your account.


12. CONTACT INFORMATION

For any questions or concerns about these Terms or to report an issue regarding the Site, please contact us at:

Crowdera Foundation (U.S.)
Address: 2093 Philadelphia Pike #1566, Claymont, DE 19703 issue regarding the Site, please contact us at:

Crowdera Foundation (India)
Address: 206 Sankalp Nagar, Wathoda, Nagpur 440008 regarding the Site, please contact us at:

Email: [Contact Email / [email protected]]
Phone: (202) 232-5784


13. MISCELLANEOUS

  1. DMCA Notices: If you believe that any material on the Site infringes your copyright, you may notify us at:
    Crowdera Foundation, Attn: Site Administrator, 2093 Philadelphia Pike #1566,
    Claymont, DE 19703.
    For more information on DMCA procedures: http://www.copyright.gov/ .
  2. Severability:If any provision of these Terms is held invalid or unenforceable, that provision will be severed, and the remaining provisions will remain enforceable.
  3. No Waiver:Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
  4. Business Transfers:We may sell, transfer, or otherwise share some or all of our assets (including personal information) in connection with a merger, acquisition, reorganization, or sale of assets, or in the event of bankruptcy.
  5. Entire Agreement:These Terms, including the Privacy Policy and any Supplementary Terms referenced herein, constitute the entire agreement between you and Crowdera Foundation concerning the Site and supersede all prior agreements or communications.
  6. Headings:Section titles and headings in these Terms are for convenience only and do not have any legal or contractual effect.
  7. Assignment:You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

14. REGIONAL TERMS

14.1 India

In addition to all the Terms set forth above (Sections 1–13), the following India-specific terms apply:

  • Compliance with Indian Laws: Crowdera Foundation (India) is registered under Indian law and holds valid 80G approval. All fundraisers and donors within India must comply with local regulations, including the Income Tax Act, FCRA (if applicable), and any other relevant legal requirements.
  • Tax Exemptions: Indian donors may receive 80G tax exemption receipts from Crowdera Foundation for eligible contributions in accordance with Indian tax laws, as outlined in earlier sections.
  • Donations to Indian NGOs: Donations from foreign contributors to Indian NGOs without valid FCRA approval are strictly prohibited, in line with Section 3.3 and other references to FCRA compliance.

14.2 Singapore & Southeast Asia

For fundraisers located in Singapore or other Southeast Asian countries and displayed on Crowdera.org, please note:

  • Contracting Entity: All such fundraisers will be contracting with Crowdera Asia Pacific Pte Ltd, a Singapore-registered company, to launch their fundraising campaigns.
  • Funds Flow & Facilitation:
    • Crowdera.org will only display and facilitate the donation process for these Singapore or Southeast Asia fundraisers.
    • Donations may be processed via Crowdera Asia Pacific Pte Ltd and then disbursed to the respective fundraiser, or they may be directly processed by a payment processing partner and disbursed to the fundraiser’s account.
    • Code of Ethics: All fundraising activities are expected to follow Singapore’s applicable Code of Ethics or equivalent regulatory guidelines for charitable and fundraising activities.

14.3 Australia & New Zealand

For fundraisers located in Australia or New Zealand and displayed on Crowdera.org:

  • Contracting Entity: All such fundraisers will also be contracting with Crowdera AsiaPacific Pte Ltd (a Singapore company) to launch their fundraising campaigns.
  • Funds Flow & Facilitation:
    • Crowdera.org will only display and facilitate the donation process for these Australia and New Zealand fundraisers.
    • Donations may be processed via Crowdera Asia Pacific Pte Ltd and then disbursed to the respective fundraiser, or they may be directly processed by a payment processing partner and disbursed to the fundraiser’s account.

By using Crowdera.org, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service