AtomicRaise Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Links and Legacy Consulting LLC (“AtomicRaise,” “we,” “us,” or “our”), a South Carolina limited liability company located at 301 Gibson Rd, Lexington, SC 29072. AtomicRaise is a product of Links and Legacy Consulting LLC.

By using AtomicRaise — registering for a campaign, running one, adding contacts, or donating — you agree to these Terms. If you do not agree, do not use the Service.

Please read Section 8 (Text Messaging) and Section 13 (Disputes). Section 13 requires most disputes to be resolved by individual arbitration and waives your right to a jury trial and to participate in a class action.

1. What AtomicRaise is

AtomicRaise is a peer-to-peer fundraising platform. A school, team, club, or nonprofit (an “Organization”) runs a campaign. Members of that Organization (“Participants”) get personal fundraising pages and add the people in their lives (“Contacts”) who might support them. The platform sends those Contacts a link to donate, and a small number of reminders. People who give are “Donors.”

AtomicRaise is a technology platform. We are not a charity, a nonprofit, or a fundraising counsel. We do not control how an Organization spends the money it raises.

2. Eligibility

You represent that you are at least 13 years old, or that a parent or legal guardian is assisting you in using the Service.

AtomicRaise is not directed to children under 13, and we do not knowingly permit children under 13 to register. If you are under 13, do not use the Service; a parent or guardian may participate on your behalf.

You must be at least 18 to be an Organization Administrator, Campaign Leader, Co-Leader, or Sales Representative.

If you are between 13 and 17, you may register as a Participant, and a parent or guardian may enter contacts and manage your campaign for you. We encourage that, and Section 6 explains why.

The Service is offered only in the United States.

3. Accounts and roles

Different people can do different things on AtomicRaise, and each accepts these Terms when they join:

• Organization Administrators manage an Organization and its campaigns.
• Campaign Leaders and Co-Leaders run a specific campaign, invite Participants, and can see how the roster is doing.
• Participants have a fundraising page and a contact list.
• Sales Representatives set up and support campaigns on behalf of AtomicRaise.

You are responsible for what happens under your account, and for keeping your access to it secure. Tell us promptly if you think someone else is using it.

4. The Organization’s responsibilities

If you accept these Terms on behalf of an Organization — as an Organization Administrator, Campaign Leader, or Co-Leader — you represent and warrant that you are authorized to do so, and that:

• (a) The Organization has notified the parents and legal guardians of participating minors that the Organization is running a fundraiser through AtomicRaise, and that the fundraiser involves text messaging;
• (b)The Organization has obtained whatever permission its own policies, its district’s policies, or applicable law require in order for its minor members to participate;
• (c) The Organization is authorized to raise funds for the purpose it has stated, and will use the funds raised for that purpose; and
• (d) The Organization will not instruct, encourage, or permit Participants to add Contacts in violation of Section 5.

This matters, and it is not boilerplate. Participants on AtomicRaise are often minors. The adults who bring a fundraiser onto this platform are the ones in a position to tell families it is happening, and these Terms hold them to it.

5. Contacts — the representation you make when you add someone

This is the most important promise anyone makes on AtomicRaise.

Before a contact list will save, the person entering it must confirm the following. By adding a Contact, you represent and warrant that:

You know each Contact personally, and you have permission to text them about this fundraiser.

You further agree that you will not add:

• Teachers, coaches, school staff, or anyone whose relationship to you is professional rather than personal
• Business phone numbers or business contacts
• Anyone you do not personally know
• Any list of phone numbers you did not collect yourself, one person at a time, from people who know you
• Anyone who has asked you not to contact them

No purchased lists. No scraped lists. No directories. No group chats. No “everyone in my phone.” AtomicRaise works because a Contact recognizes the name of the Participant who is asking. A list of strangers is not a fundraiser, and adding one is a material breach of these Terms.

We may suspend or remove any account, campaign, or Organization that we believe is violating this section, and we may remove any contact list we believe was not gathered this way.

6. Parents and guardians

If you are a Participant under 18, a parent or legal guardian may enter your contacts, make the representation in Section 5, and manage your campaign with you. The platform supports this directly.

We recommend it, and we will say plainly why: the promise in Section 5 is a real legal representation about other people’s consent. An adult is better positioned to make it than a 15-year-old is.

A parent or guardian may also, at any time, contact us to review, correct, or delete their child’s information, or to withdraw their child from a campaign.

7. Donations

• Donations are made to the Organization, through the platform. AtomicRaise processes the payment; it does not receive the donation.
• Payments are processed by Stripe.By donating, you also agree to Stripe’s terms.
• Fees. A platform fee and credit card processing fees are applied to each donation and are shown to you at checkout before you complete your gift. The amount that reaches the Organization is the amount you give, less those fees.
• Donations are non-refundable, except where required by law or where we determine, in our discretion, that a payment was made in error, duplicated, or fraudulent. Refund requests should go to support@atomicraise.com.
• Tax deductibility. AtomicRaise makes no representation that any donation is tax-deductible. Many Organizations that use AtomicRaise are not tax-exempt entities, and a receipt or confirmation from AtomicRaise is not a tax receipt. Whether your donation is deductible depends on the Organization and on your own circumstances. Ask the Organization, and ask your tax advisor.
• We do not guarantee any Organization will reach its goal, or that any Participant will earn any prize offered by their Organization. Prizes are set and fulfilled by the Organization, not by AtomicRaise.

8. Text messaging terms

By providing your mobile number and checking the consent box, you agree to receive text messages from AtomicRaise about the fundraiser you are connected to. Consent to receive texts is not a condition of donating or of participating.

If you are a Contact, a Participant provided your number and confirmed that they know you personally and have permission to text you about their fundraiser. You will receive a link to their fundraising page and up to five automated reminder messages per campaign. Every automated message identifies the Participant by name and the cause. Message frequency may vary.

Message and data rates may apply.

To stop receiving messages, reply STOP. You will receive one confirmation message and no further messages. An opt-out is permanent and applies across the entire platform — you will not receive automated messages from AtomicRaise again, from any Participant, in any campaign, for any Organization.

For help, reply HELP, or contact us at support@atomicraise.com or (803) 200-1789.

Carriers are not liable for delayed or undelivered messages. T-Mobile is not responsible for delayed or undelivered messages.

Our Privacy Policy explains what we do with mobile numbers. In short: we do not share, trade, or sell them.

9. Acceptable use

You agree not to:

• Violate Section 5
• Use the Service to send anything unlawful, harassing, deceptive, obscene, or threatening
• Impersonate anyone, or create a campaign for an Organization you do not represent
• Raise funds for a purpose other than the one you stated
• Misrepresent where donated funds will go
• Attempt to text a number that has opted out, or attempt to circumvent any opt-out mechanism
• Attempt to access another user’s account, data, or contact list
• Scrape, reverse-engineer, copy, or resell the Service
• Interfere with or attempt to disrupt the platform’s operation or security

10. Content

You keep ownership of what you upload — photos, campaign descriptions, logos. By uploading it, you grant AtomicRaise a non-exclusive, royalty-free license to display and distribute it as needed to operate the Service and the campaign you uploaded it for.

You represent that you have the right to upload what you upload, including any photo of a minor, and that it does not infringe anyone’s rights.

The AtomicRaise platform itself — the software, the design, the name, and the marks — belongs to Links and Legacy Consulting LLC.

We may remove content that violates these Terms.

11. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT MESSAGES WILL BE DELIVERED, OR THAT ANY CAMPAIGN WILL SUCCEED. WE DO NOT ENDORSE OR GUARANTEE ANY ORGANIZATION, CAMPAIGN, OR PARTICIPANT ON THE PLATFORM.

12. Limitation of liability and indemnification

Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LINKS AND LEGACY CONSULTING LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOST GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Indemnification.You agree to indemnify and hold harmless Links and Legacy Consulting LLC and its owners, officers, employees, and agents from any claim, liability, damage, loss, cost, or expense (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) your breach of these Terms — including, specifically, the representations you made in Section 4 and Section 5; (c) your violation of any law, including the Telephone Consumer Protection Act; or (d) your violation of anyone else’s rights.

13. Disputes

Governing law. These Terms are governed by the laws of the State of South Carolina, without regard to its conflict-of-laws rules.

Informal resolution first. Before starting any formal proceeding, contact us at support@atomicraise.com and give us thirty (30) days to try to resolve the matter with you.

Binding arbitration.If we can’t resolve it informally, any dispute arising from or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Lexington County, South Carolina. Judgment on the award may be entered in any court with jurisdiction.

Class action waiver. YOU AND ATOMICRAISE AGREE THAT ANY PROCEEDING WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND ATOMICRAISE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Small claims. Either party may bring an individual claim in small claims court instead.

14. Suspension and termination

We may suspend or terminate any account, campaign, or Organization at our discretion, with or without notice, if we believe these Terms have been violated — particularly Section 5. You may stop using the Service at any time.

Sections that by their nature should survive termination will survive, including Sections 10 through 13.

15. General

Changes. We may update these Terms. Material changes will be posted here with a new date and, where reasonable, communicated to affected users. Continuing to use the Service after a change means you accept it.

Privacy. Your use of the Service is also governed by our Privacy Policy.

Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted, and the rest of these Terms will remain in effect.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and AtomicRaise regarding the Service, and supersede any prior understanding. An Organization may also have a separate written agreement with us covering commercial terms; if it conflicts with these Terms, that agreement controls as to that Organization only.

No waiver.If we don’t enforce a provision, that isn’t a waiver of it.

16. Contact

Links and Legacy Consulting LLC
d/b/a AtomicRaise
301 Gibson Rd
Lexington, SC 29072

Email: support@atomicraise.com
Phone: (803) 200-1789