Usage Agreement: Backer


Introduction

The term "PledgeManager" or "Kicktraq" or "us" or "we" or "our" refers to Kicktraq, Inc. which operates the https://www.pledgemanager.com website (the "Service").

The term "Project Creator" or "Project Owner" or "Project Manager" refers to the individual or organization which is contracting us to provide services (the "Client).

The term "User" or "Backer" or "You" refers to end-users who have pledged funding to a campaign or project through another platform and/or who are using PledgeManager to purchase goods or services from a Project Creator.

Kicktraq, Inc. provides cloud-based software as a service (“PledgeManager”) that allows Users to facilitate the fulfillment of products promised to them by the Client on one or more crowdfunding platforms. PledgeManager allows you import the results, sales, Backer information, and other information pertinent to the fulfillment of an online crowdfunding campaign, communicate with campaign Backers, track financial records related to the campaign, facilitate manufacturing and fulfillment processes through data reporting, collect money for additional products, services, or donations, as well as other features that we may choose to provide.

You hereby agree that Kicktraq is not a party to any agreement between any Project Creator and Backers. Any disagreement between a Project Creator and a Backer will remain solely between the Project creator and the Backer, and governed by the agreed-to terms of transactions with a Backer and any crowdfunding campaign platform a Project Creator may have used to fund a project. Kicktraq shall have no liability to a Backer for a failed or unsatisfactory transaction.

You agree to comply with our Terms of Service and Privacy Policy, which may change from time to time and, by accepting this Agreement, you agree to the User Terms of Use and Privacy Policy as well. The terms of such agreements shall apply to relationship between all Parties in conjunction with this SaaS Agreement.

Which Means

PledgeManger is a tool to help backers provide information to projects. We are not responsible for agreements made to you by the Project Creator for any given project.

By using PledgeManager, you also agree to abide by our Terms of Service and Privacy Policy.

Limitation of Liability & Indemnification

PledgeManager has no control over the accuracy of the information provided by your Project Creator, other Backers, or other Project Creators to PledgeManager or the ability of Backers to pay for the services for which they transact. Neither PledgeManager nor any of its affiliates shall be liable for any failed, incomplete, or unsatisfactory transaction or any other failure, technical or otherwise, of such transaction to occur as expected.

You agree to indemnify, defend, and hold PledgeManager harmless from any claims, losses, damages, liabilities, including attorneys’ fees and legal fees and expenses collectively (“Losses”), arising out of your use or misuse of PledgeManager, your violation of this Agreement or any law or regulation, any breach of the representations, warranties, and covenants made by you in this Agreement, or any dispute of any kind between you and a Backer.

You also agree to indemnify, hold harmless, and defend PledgeManager from all Losses resulting from or relating to any third party claim involving the products or services sold through any Project.

IN NO EVENT SHALL PLEDGEMANAGER OR ITS AFFILIATES BE LIABLE UNDER THESE TERMS FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT OR OTHER DAMAGES, OR LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF PLEDGEMANAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER PLEDGEMANAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU EXPRESSLY AGREE THAT THE TOTAL AGGREGATE LIABILITY OF PLEDGEMANAGER ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY PROJECT OWNER TO PLEDGEMANAGER WITH RESPECT TO THE CAMPAIGN IN QUESTION IN THE PAST TWELVE (12) MONTHS FROM THE TIME SUCH LIABILITY ARISES.

Which Means

PledgeManager is not responsible for information provided to us by your Project Creator, other Backers, or its accuracy.

We are also not responsible for errors in the Projects in which you participate.

We are not responsible for mistakes made by your Project Creator, nor their inability to use the tool as intended.

We are also not responsible if you misuse PledgeManger, break the law, breach this agreement, or go against the rights of a third party - especially if you get sued.

Transactions & Refunds

PLEDGEMANAGER IS NOT A PARTY TO ANY TRANSACTION YOU MAKE WITH ANOTHER PARTY THROUGH THE SERVICES AND YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND ANOTHER PARTY RELATED TO THE USE OF THE SERVICES IS STRICTLY BETWEEN YOU AND SUCH PARTY AND WILL BE governed by the agreed-to terms of your transaction with SUCH PARTY and any crowdfunding campaign platform you may have USED. PledgeManager shall have no liability to you or the OTHER USER for a failed or unsatisfactory transaction.

Which Means

PledgeManager is not a party to the transactions between you and any given project, or between you and the original crowdfunding platform you pledged on. If you require a refund for those payments, you will need to contact the Project Creator to request those funds. We are unable to help you with these requests.

Accounts

If you choose to create a "User Account" with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your User Account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

You and/or PledgeManager may terminate this Agreement and your use of the Services at any time. Specifically, we reserve the right to terminate your user account and your use of the Services without prior notice if we believe in our discretion that you have violated or acted inconsistently with this Agreement. When your account is terminated, we may retain an archival copy of your User Content after termination for up to sixty (60) days; however, we do not make any guarantee that we will do so.

You have the right to deletion by us of Personal Data concerning you by deleting your User Account.

As a result of deleting your User Account, you will lose access to all PledgeManager services, including the PledgeManager User Account, Subscriptions and project-related information linked to your User Account.

In some cases, deletion of your User Account, and therefore Personal Data deletion, is complicated. Namely, if your account has relationships with multiple other Project creators, DELETING YOUR USER ACCOUNT WILL REMOVE ACCESS TO ALL PROJECTS CONNECTED TO IT. PledgeManager is not liable for your inability to receive rewards or communicate with a project owner.

Which Means

A user account is not required to use PledgeManager for a project, but if you want to create one to make your use of PledgeManager easier, you must be 18 to do so.

You can't use illegal or trademarked names for your user account, and you must keep your account secure by not sharing your login details with others.

You can request that your user account, and associated personal data, be deleted. Please be aware that DELETING YOUR ACCOUNT WILL REMOVE ACCESS TO ALL PROJECTS YOU HAVE ACCESS TO which may prevent you from receiving your rewards the project has yet to deliver them.




Except as so provided, PledgeManager reserves the right to modify this policy and any element thereof. You acknowledge and agree that it is your responsibility to review this policy periodically and become aware of modifications. Your use of the Services following any modification to this policy shall be deemed to be your assent to any such modifications.

Last Updated: May 25, 2018