Terms of Use

These Terms of Use (the "Terms") govern your access to and use of the CrowderaPAY platform, including the website at pay.crowdera.com, any mobile applications, APIs, and related services (collectively, the "Services").

CrowderaPAY is operated by four affiliated legal entities, each responsible for a defined region. The entity you contract with depends on your country of operation:

• Singapore and Southeast Asia: The Crowdera Solution Pte Ltd, a company incorporated in Singapore, with registered office at 101 Cecil St, #18-11, Singapore 069533.
• Malaysia: My Crowdera Solutions Sdn Bhd, a company incorporated in Malaysia, with registered office in Johor Bahru, Malaysia.
• India: Bharat Crowdera Ventures Pvt Ltd, a company incorporated in India, with registered office at 206 Sankalp Nagar, Wathoda, Nagpur, Maharashtra, India.
• USA, Canada, and Rest of World where supported: The Crowdera Solutions Inc, a company incorporated in Delaware, USA, with registered office at 2093 Philadelphia Pike, #1506, Claymont, Delaware 19703, USA.

Collectively, these four entities are referred to as "CrowderaPAY," "we," "our," or "us." The contracting entity for your use of the Services is determined by your primary country of operation as set out in your Customer Agreement or Order Form.

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services.

For the purposes of these Terms:

• "Customer" or "you" means the nonprofit organization, charity, fiscal sponsor, or other entity that enters into a Customer Agreement with CrowderaPAY to use the Services.
• "Donor" means any individual or entity that makes a donation through the Services.
• "Donation" means any charitable contribution processed through the Services.
• "Payment Gateway" means any third-party payment processor integrated into the Services to process Donations.
• "Tax Receipt" means a legally valid acknowledgment of a charitable contribution issued by you or a partner entity.
• "Partner Nonprofit" means a registered charitable organization linked to your account for the purpose of cross-border giving.

To use the Services, you must:

• Be a registered charitable organization, nonprofit, fiscal sponsor, or similar entity in good standing with the relevant regulatory authority in your jurisdiction.
• Provide accurate and complete information during onboarding, including your legal name, registration number, tax exemption status, authorized signatories, and banking details.
• Maintain the accuracy of that information over time.
• Submit to KYB (Know Your Business) verification, which may include providing documents such as your certificate of incorporation, tax exemption certificate, board resolution, and identification of authorized representatives.

CrowderaPAY reserves the right to refuse, suspend, or terminate service to any entity that does not meet these requirements or that we reasonably believe is engaged in fraudulent or prohibited activities.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You will not:

• Use the Services to process payments for non-charitable purposes, for-profit commerce, or any activity prohibited under applicable law.
• Use the Services to process donations to organizations or individuals on sanctions lists (OFAC, UN, EU, UK HMT, Indian MHA, or others).
• Attempt to reverse-engineer, copy, or misuse the Services or their underlying technology.
• Use the Services to transmit viruses, malware, or harmful code.
• Impersonate any person or organization, or misrepresent your affiliation with any person or organization.
• Engage in any activity that could harm, disable, or impair the functioning of the Services.

You represent and warrant that you will not use the Services for or in connection with:

• Any unlawful, fraudulent, or deceptive activity.
• Fundraising for political campaigns or parties where prohibited by law or by our Acceptable Use Policy.
• Fundraising for any organization on a government sanctions list.
• Fundraising for high-risk categories including but not limited to firearms, gambling, controlled substances, adult content, or pyramid schemes.
• Any activity that violates the terms of our Payment Gateway partners.

CrowderaPAY may, in its sole discretion, suspend or terminate your account if we reasonably determine that you have engaged in or facilitated prohibited activities.

Our fees are set out in our Pricing page and incorporated into your Customer Agreement. Fees are deducted from each Donation before settlement to you, unless you have enabled Donor-Covered Fees.

Fees are exclusive of applicable taxes (including GST in India and Singapore, SST in Malaysia, sales tax in the USA where applicable) unless otherwise specified. You are responsible for any taxes applicable to the fees you pay to CrowderaPAY.

CrowderaPAY reserves the right to modify its fees upon 30 days' written notice, except where required earlier by regulatory or payment network changes.

Donations received through the Services, less applicable fees, will be settled to your designated bank account on the schedule set out in your Customer Agreement. Standard settlement windows are:

• India: T+3 business days
• Singapore: T+2 business days
• USA: T+2 business days
• Malaysia: T+3 business days
• Rest of World: T+5 business days

Settlement windows may vary based on payment method, gateway, and regulatory requirements. CrowderaPAY is not liable for settlement delays caused by third-party payment processors, banks, or regulatory actions outside our control.

You are solely responsible for the accuracy and legality of the Tax Receipts issued through the Services. CrowderaPAY provides Tax Receipt generation as a tool to assist you; however, the legal responsibility for the validity of each Tax Receipt rests with you as the registered charitable entity.

You warrant that:

• You hold all necessary registrations (501(c)(3), 80G, IPC, UEN, CRA, or equivalent) to issue Tax Receipts in the jurisdictions where you operate.
• You will maintain those registrations in good standing throughout your use of the Services.
• You will promptly notify CrowderaPAY of any change in your registration status.

If you use the Cross-Border Partners feature to link Partner Nonprofits across jurisdictions, you are responsible for:

• Entering into valid grant agreements or inter-partner agreements with each linked Partner Nonprofit.
• Ensuring compliance with foreign contribution regulations, including but not limited to India's Foreign Contribution (Regulation) Act (FCRA).
• Maintaining all required regulatory approvals, filings, and audits for cross-border fund flows.

CrowderaPAY provides tooling to facilitate compliance but is not a party to your grant agreements and does not provide legal advice on cross-border charitable giving.

The CrowderaPAY platform, including all software, designs, text, graphics, logos, and trademarks, is owned by The Crowdera Solution Pte Ltd and is protected by intellectual property laws in Singapore and internationally. You are granted a limited, non-exclusive, non-transferable license to use the Services solely as permitted under your Customer Agreement.

You retain all rights to your donor data, campaign content, and organizational materials. By using the Services, you grant CrowderaPAY a limited license to use your data solely to provide and improve the Services, subject to the terms of our Privacy Policy.

Donor data collected through your use of the Services belongs to you, the Customer. CrowderaPAY processes donor data on your behalf as a data processor (or equivalent role under applicable law). Our Data Processing Addendum, incorporated into your Customer Agreement, sets out the specific terms of this relationship.

The Services are provided "as is" and "as available" without warranties of any kind, express or implied, except as required by applicable law. CrowderaPAY does not warrant that the Services will be uninterrupted, error-free, or completely secure.

CrowderaPAY does not provide legal, tax, or financial advice. The information on our website, including in our Tax Receipts feature, is for informational purposes only. You should consult qualified professionals for advice specific to your nonprofit.

To the maximum extent permitted by law, CrowderaPAY's aggregate liability to you arising out of or relating to these Terms or the Services will not exceed the total fees you paid to CrowderaPAY in the 12 months preceding the claim.

CrowderaPAY will not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of donations, loss of donor goodwill, or reputational harm, even if advised of the possibility of such damages.

Nothing in these Terms excludes liability that cannot lawfully be excluded under applicable law, including liability for fraud, willful misconduct, or death or personal injury caused by negligence.

You agree to indemnify and hold harmless CrowderaPAY, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of:

• Your breach of these Terms.
• Your violation of any law or regulation.
• Your violation of any third party's rights.
• The content you publish or transmit through the Services.
• Any tax, regulatory, or enforcement action arising from your charitable activities.

CrowderaPAY may suspend or terminate your account if:

• You materially breach these Terms or your Customer Agreement.
• You fail to pay fees when due.
• We reasonably believe your account is engaged in prohibited or fraudulent activity.
• Required by law or regulatory action.

You may terminate your use of the Services at any time in accordance with your Customer Agreement. Upon termination, you remain responsible for any fees incurred and any chargebacks or refund obligations that arise from Donations processed prior to termination.

The governing law and dispute resolution mechanism applicable to your use of the Services depends on the contracting entity:

• The Crowdera Solution Pte Ltd (Singapore): Governed by the laws of Singapore. Disputes will be resolved by arbitration in Singapore under the rules of the Singapore International Arbitration Centre (SIAC).
• My Crowdera Solutions Sdn Bhd (Malaysia): Governed by the laws of Malaysia. Disputes will be resolved in the courts of Kuala Lumpur.
• Bharat Crowdera Ventures Pvt Ltd (India): Governed by the laws of India. Disputes will be resolved by arbitration in Nagpur under the Arbitration and Conciliation Act, 1996.
• The Crowdera Solutions Inc (USA): Governed by the laws of the State of Delaware, USA, without regard to conflict of laws principles. Disputes will be resolved in the courts of Delaware or by arbitration under the rules of the American Arbitration Association as specified in your Customer Agreement.

CrowderaPAY may update these Terms from time to time. Material changes will be communicated to you by email at least 30 days before they take effect. Your continued use of the Services after the effective date constitutes your acceptance of the updated Terms.