Participant Terms of Service

1. Acceptance of Terms

By creating an account, checking the "I accept the Terms of Service and Privacy Policy" box during registration, or otherwise using the RapidFundraising Fundraising LLC ("RapidFundraising," "we," "us," "our") website, platform, and services (collectively, the "Service"), you agree to be bound by these Participant Terms of Service ("Terms").

These Terms apply to Participants—individuals (e.g., students, parents, guardians) who create RapidFundraising accounts to participate in fundraising campaigns by adding supporter contacts or sharing fundraising links. Separate terms govern Organizers (e.g., booster officers, coaches, band directors) who create and manage campaigns.

Acceptance constitutes a binding agreement between you—individually and, if applicable, in your capacity as a representative of any organization you act on behalf of—and RapidFundraising. If you do not agree, do not create an account or use the Service.

We may update these Terms at any time by posting revised Terms on the Service with an updated "Last Updated" date. Continued use after posting constitutes acceptance of the revised Terms.

2. Account Registration

To use the Service, you must create an account by providing your first name, last name, email address, phone number, and a password. By registering, you agree to:

• Provide accurate, current, and complete information;
• Maintain and update your information to keep it accurate;
• Keep your password confidential and not share your account credentials;
• Accept responsibility for all activity that occurs under your account;
• Notify us immediately of any unauthorized access to your account.

Accounts are for individual use and are non-transferable. RapidFundraising reserves the right to suspend or terminate accounts that contain false information or violate these Terms.

3. Age Requirement

During registration, you must confirm that you are at least 13 years of age by checking the required age confirmation box. Children under 13 may not use the Service under any circumstances.

If you are between 13 and 17 years of age, a parent or legal guardian must create or manage the account on your behalf and assumes full responsibility for your use of the Service, including compliance with these Terms and applicable law.

4. Consent to Receive Text Messages

By creating an account and providing your phone number, you consent to receive text messages from RapidFundraising related to the administration of your fundraiser. These messages may include:

• Campaign status updates and notifications;
• Reminders to add supporter contacts or share your fundraising link;
• Progress updates on your fundraising goal;
• Important account and campaign-related alerts.

Message frequency varies by campaign activity. Message and data rates may apply. You may opt out of administrative text messages at any time by replying STOP. Reply HELP for assistance. Opting out of administrative messages may limit certain Service functionality.

This consent is separate from and in addition to the supporter-facing SMS program described in Section 6, which governs messages sent to the contacts you add to your campaign.

5. Service Use and Restrictions

5.1 Purpose

The Service is intended exclusively for nonprofit fundraising. Use for unrelated commercial solicitation is prohibited.

5.2 Prohibited Conduct

As a Participant, you may not:

• Upload or provide supporter contact information without that person's permission;
• Request or cause RapidFundraising to send unsolicited or unauthorized messages;
• Use the Service for spam, chain communications, or any unlawful purpose;
• Provide false or misleading information during registration or while using the Service;
• Infringe intellectual property or other rights of any party;
• Attempt to circumvent consent, opt-out, frequency, or other compliance mechanisms.

Violations may result in immediate account termination, legal liability, and responsibility for damages.

6. Supporter SMS/Text Messaging Program

RapidFundraising offers optional SMS updates sent to the supporters you add to your campaign. This section describes the rules governing those messages; for details on how messaging data is collected and stored, see our Privacy Policy.

• Opt-in Required: Supporters will only receive fundraising texts if they: (i) reply "YES" to a consent request SMS; (ii) check an SMS opt-in box on a form; or (iii) text a campaign keyword to our number. No fundraising texts are sent to supporters without their explicit opt-in.
• Message Frequency: 3 max per campaign.
• Cost Disclosure: Message and data rates may apply.
• Opt-Out / Help: Supporters may reply STOP to unsubscribe; HELP for help; START to re-subscribe. Opt-outs are processed immediately.
• Quiet Hours: Messages are sent only between 8:00 a.m. and 9:00 p.m. local time.
• Consent Not a Condition: Consent to receive SMS is not a condition of making a donation.

7. SMS Compliance and Consent Verification

RapidFundraising employs a two-step consent process for supporter messages:

• Step 1: You (the Participant) attest that you have permission to provide a supporter's phone number.
• Step 2: The supporter must explicitly opt in (e.g., by replying YES) before any fundraising messages are sent.

STOP, HELP, and START keywords are supported at all times. RapidFundraising maintains an audit trail including timestamps, opt-in/opt-out records, Twilio MessageSIDs, and campaign identifiers, retained for compliance purposes.

For details on data retention periods and how messaging data is handled, see our Privacy Policy.

8. Ownership and Intellectual Property

RapidFundraising retains ownership of the Service, including all software, designs, content, and associated intellectual property rights. Nothing in these Terms grants you any ownership interest in the Service.

9. Confidentiality and Data Use Limitation

We agree to handle nonpublic information you provide with reasonable care, using safeguards consistent with those applied to our own confidential information.

RapidFundraising does not own the personal data or supporter contact information you provide. All data entered into the Service is used exclusively to operate and administer your specific fundraising campaign. We will not:

• Reuse or repurpose your data or your supporters' data for any unrelated purpose;
• Share supporter contact lists with other campaigns, organizations, or third parties;
• Use your data for our own marketing, advertising, or promotional purposes;
• Build profiles of your supporters for use outside your campaign;
• Retain or recycle data into future campaigns unless you explicitly choose to participate in a new campaign.

For full details on how personal data is collected, stored, and protected, see our Privacy Policy.

10. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND PERFORMANCE, RELIABILITY, OR AVAILABILITY. NO ADVICE OR INFORMATION PROVIDED BY RAPIDFUNDRAISING SHALL CREATE ANY WARRANTY.

11. Indemnification

You agree to defend, indemnify, and hold RapidFundraising harmless from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

• Providing supporter data without proper consent;
• TCPA, CTIA, or other regulatory violations caused by your misrepresentations;
• Unauthorized use of the Service;
• Any third-party claims linked to your use of the Service.

This indemnity applies even if you use our consent verification system; you remain responsible for the accuracy of the permissions you represent.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR DATA; AND (B) OUR TOTAL LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE.

13. Governing Law and Dispute Resolution

• Governing Law: These Terms are governed by the laws of the State of Texas.
• Jurisdiction: Exclusive jurisdiction lies with the courts in Williamson County, Texas.
• Arbitration: Either party may elect binding arbitration under AAA rules, conducted on an individual basis. No consolidation with other claims is permitted.
• Interim Relief: Either party may seek interim court relief to protect rights pending arbitration.

14. Entire Agreement, Severability, and Waiver

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the full agreement between you and RapidFundraising regarding your use of the Service as a Participant.
• Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.
• Waiver: Our failure to enforce any right or provision is not a waiver of future enforcement.

15. Contact

RapidFundraising Fundraising LLC
c/o Legal Department
Email: info@rapidfundraising.com