Terms of Service

Welcome to KadoPool. Please read these Terms of Service ("Terms") carefully. By using our website or mobile application, you agree to be bound by these Terms.

1. The Platform

KadoPool ("we," "us," or "our") provides a platform that allows users ("Organizers") to collect funds from other users ("Contributors") to collect funds, purchase digital gift cards and create digital keepsakes for a designated recipient or recipients ("Recipient" or "Recipients").

We are not a bank, broker, or financial institution. We do not hold your funds. All fund processing and custody are handled by our third-party payment processor, Stripe, Inc.

KadoPool utilizes programmatic ledger segregation with Stripe to ensure that funds for each Pool are tracked individually and securely. Contributions are held within our secure payment ecosystem and are never deposited into or commingled with the personal bank accounts of the Organizer.

To foster an inclusive community environment, KadoPool utilizes a "Privacy Shield" feature.

You acknowledge and agree that:

• Individual contribution amounts remain totally private (including from the Organizer and the Recipient.
• The total amount collected may be hidden from the Organizer and Contributors until a minimum number of contributors and amount (determined by KadoPool) is met.
• KadoPool reserves the right to prioritize participation-based metrics over dollar-value metrics in all displays within the application.

2. Accounts and Eligibility

• You must be at least 18 years old to create a pool or contribute funds.
• You agree to provide accurate, current, and complete information during registration.
• You are responsible for maintaining the confidentiality of your account credentials.

3. Payment Processing & Fees

3.1 Contributions and Minimums

When you contribute to a pool, you agree to be charged the contribution amount plus a Payment Processing Fee (charged by Stripe) and a Platform Fee (charged by KadoPool). The fees are disclosed to you before you confirm payment.

• Minimum Contribution: To ensure the efficiency of the platform and the value of the final gift, KadoPool requires a minimum contribution amount per transaction. This minimum threshold is clearly disclosed to you within the application before you initiate a payment.
• Fee Cap: To keep KadoPool affordable for larger gift amounts, we apply a maximum cap on Platform Fees per individual contribution.
• Transparency: All current fees, applicable minimums, and the maximum fee cap are clearly displayed on the checkout screen. By confirming your payment, you acknowledge and agree to these charges.

3.2 Non-Refundable Fees

Processing fees collected by Stripe are non-refundable. If a pool is canceled or a refund is issued, the processing fee retained by Stripe will be deducted from the refund amount.

3.3 The Premium Keepsake Experience

Organizers may elect to upgrade a Gift Pool to a "Premium Keepsake." This upgrade provides an enhanced digital presentation and commemorative experience for the Recipient. A flat fee will be deducted from the total collected funds.

• Enhanced Features: The Premium Keepsake includes a suite of customized visual assets and interactive elements (which may include, but are not limited to, themed designs, interactive animations, and enhanced message formatting) designed to elevate the final gift presentation.
• Service Evolution: KadoPool reserves the right to modify, expand, or update the specific features included in the Premium Keepsake tier to improve the user experience.
• Fees and Eligibility: The fee for the Premium Keepsake upgrade is disclosed within the application. To ensure the quality of the experience, KadoPool may set minimum collection thresholds for this feature; if a pool fails to meet the required threshold, KadoPool reserves the right to restrict the upgrade or refund the upgrade fee.

3.4 Appointment of Limited Payment Collection Agent

By creating a Pool, the Organizer appoints KadoPool as its limited payment collection agent solely for the purpose of accepting funds from Contributors. Receipt of funds by KadoPool (via Stripe) shall be deemed the receipt of funds by the Recipient. This means that once a Contributor pays KadoPool, their obligation to the Recipient is extinguished, even if KadoPool fails to settle the funds.

3.5 Payment Reversals & Chargebacks

If a Contributor initiates a chargeback, payment dispute, or reversal through their bank after the Pool funds have already been redeemed or disbursed, KadoPool reserves the right to recover the amount of the reversed payment from the Organizer or the Recipient. You agree to cooperate with KadoPool in good faith to resolve such disputes.

4. Redemption and Payout Options

KadoPool is designed for maximum flexibility. Once a Pool is closed, the Organizer and then the Recipient may choose how to receive the collected funds. To collect funds, gift cards and visualize their Keepsake, Recipients must create an account on KadoPool and activate their profile through Stripe.

4.1 Payout Methods

Users may select from the following options available through our integration with third-party payout providers:

• Digital Gift Cards via Tremedous: Redemption for third-party retailer gift cards (e.g., Amazon, Starbucks, Target), Visa/Mastercard prepaid cards or donations available in our global catalog.
• Cash Payouts via Stripe: Direct bank transfers (ACH), wire transfers, or digital wallet transfers (e.g., PayPal, Venmo), where available.

4.2 Third-Party Terms

All redemptions are processed via Tremendous or Stripe. By selecting a payout method, you agree to the terms and conditions of the respective provider and the chosen retailer. KadoPool is not responsible for the loss of funds once they have been successfully transferred to a third-party provider or retailer.

4.3 Fees for Specific Payouts

While KadoPool does not charge a fee to redeem gift cards, certain "Cash" payout methods (like wire transfers or instant digital wallet transfers) may incur a small transaction fee charged by the payout provider. These will be clearly disclosed at the time of redemption.

4.4 Payout Processing

Once a pool is closed, KadoPool will process the payout to the Recipient or Organizer based on their selected payout methods. Payouts are typically processed within 2-5 business days, subject to the terms of the third-party provider.

4.5 Recipient On-Boarding & Verification

To claim a Gift Pool or initiate a payout, Recipients must complete the following steps:

• Account Creation: Register for a KadoPool account using a valid email address.
• Identity Verification: Activate and verify their profile through our third-party payout partners (e.g., Stripe Connect or Tremendous).
• Compliance: Provide any necessary documentation required by our payout partners to comply with anti-money laundering (AML) and "Know Your Customer" (KYC) regulations.
• Unclaimed Funds: If a Recipient fails to create an account or complete verification within the 12-month window defined in Section 4.2, the funds may be handled in accordance with our abandoned property policy.

5. School Partner Program

KadoPool offers a community reinvestment program where 30% of the Platform Fee is shared with verified Partner Organizations (e.g., PTA/PTO, non-profit or for-profit schools).

• Nature of Payment:This payment is a commercial referral fee from KadoPool to the school; it is not a tax-deductible donation from the individual parent/contributor.
• Verification: Organizations must verify their identity and tax status via Stripe Connect to receive funds and ensure compliance with financial regulations.
• Calculation: For every gift contribution made via the KadoPool platform, 30% of the KadoPool Platform Fee is allocated to the linked School Partner. The Organizer is responsible for linking the School Partner to the pool in the application.
• Payment: Funds are tracked automatically and disbursed to the Partner Organization’s verified account at least annually, or more frequently once a minimum threshold (as determined by KadoPool) is reached.

6. User Conduct & Content

KadoPool is a platform for celebration and gratitude. To maintain a safe and positive environment for all users, you agree to the following:

• Prohibited Content: You will not upload, post, or share any content (including photos, videos, or messages) that is illegal, discriminatory, harassing, defamatory, or sexually explicit. Content that promotes hate speech or violence is strictly prohibited.
• Professionalism & Respect: While KadoPool supports a wide range of social celebrations, users must remain respectful of the recipients and the community. We reserve the right to remove content that we deem, in our sole discretion, to be harmful to the spirit of the gift or the reputation of our partners.
• Privacy of Minors & Third Parties: You are solely responsible for ensuring you have the necessary permissions and consents to upload content featuring other individuals. This is especially critical when uploading content featuring minors; you represent that you have obtained parent or guardian consent where required.
• Intellectual Property: You retain ownership of your content, but you grant KadoPool a limited, non-exclusive license to host, store, and display that content specifically for the fulfillment of your Gift Pool and Digital Keepsake.
• Moderation & Termination: KadoPool does not pre-screen all content but reserves the right to remove any material or terminate accounts that violate these terms or interfere with the service’s operation.

7. Refunds & Cancellations

Refunds are available only while the pool is open. Once a pool is closed (the contributions are not accepted anymore past a certain date set by the Organizer) and the Redemption Link or Payout has been generated, funds are considered "spent" and cannot be refunded.

Please note that third-party processing fees (e.g., Stripe fees) are non-refundable in all circumstances and see our Refund Policy for full details.

8. Disclaimer of Warranties

The Service is provided "as is." We do not guarantee that a specific fundraising goal will be met. We are not responsible for the quality, safety, or legality of the goods purchased with the redeemed gift cards.

9. Compliance with Ethics Laws

If you are organizing a gift for a public employee (e.g., a public school teacher), you are responsible for ensuring the gift complies with local ethics laws and gift limits. KadoPool facilitates the collection of funds but does not offer legal advice regarding gift compliance.

10. International Use, Currency & Taxes

10.1 Location Selection & Accuracy

When creating an account or a Gift Pool, you are required to identify your country of residence and, where applicable, your state, province, or territory ("Home Jurisdiction").

• The Accuracy Warranty: You represent and warrant that the Home Jurisdiction you select is accurate.
• Operational Impact: KadoPool relies on this selection to:
• Set the default Currency for the Pool.
• Determine the applicable Tax Rates (e.g., VAT, GST, or State Sales Tax).
• Ensure compliance with local financial and Escheatment (abandoned property) regulations.
• Indemnity: You agree to indemnify and hold KadoPool harmless against any penalties, interest, or tax liabilities resulting from your misrepresentation of your Home Jurisdiction.

10.2 Currency & Conversion

Pools are denominated in the currency of the Organizer's Home Jurisdiction (e.g., USD, GBP, AUD, EUR).

• Pool Currency: The Pool is denominated in the local currency of the Organizer's Home Jurisdiction (e.g., USD, EUR, GBP, AUD).
• External Fees: If a Contributor uses a payment method denominated in a different currency (e.g., a US Contributor paying into a UK-based Pool), the Contributor's bank or card issuer may apply currency conversion rates and foreign transaction fees. These fees are outside of KadoPool’s control.

10.3 Tax Obligations

Platform Fees are exclusive of taxes unless stated otherwise.

• Platform Fees:Platform Fees are exclusive of taxes. Where required by law, KadoPool will calculate and collect the relevant tax (e.g., VAT/GST or State Sales Tax) based on your Home Jurisdiction and add it to the final checkout amount.
• Personal Tax Responsibility: You are solely responsible for determining if the receipt of gift funds through a Pool constitutes taxable income or is subject to gift tax reporting in your jurisdiction.

11. Governing Law & Dispute Resolution

For US Users: These Terms are governed by the laws of the State of New Jersey.

For International Users: These Terms are governed by the laws of New Jersey, except where mandatory local consumer protection laws (such as the UK Consumer Rights Act 2015 or Australian Consumer Law) require the application of your local law. In such cases, the mandatory provisions of your local law shall prevail.

12. Limitation of Liability

To the maximum extent permitted by law, KadoPool’s total liability for any claim arising from these Terms is limited to the total Platform Fees paid by the user to KadoPool in the 12 months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless KadoPool LLC and its affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• (a) Your access to or use of the Service;
• (b) Your violation of these Terms; or
• (c) Any content you upload that infringes the intellectual property or privacy rights of a third party.