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.

1The 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.

2Accounts 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.

3Payment 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 KadoClip Experience

Organizers may elect to upgrade a pool to a "KadoClip." This upgrade provides an enhanced digital vidéo presentation generated from the collective sentiment and the messages associated to the collection for each Recipient. A flat fee will be deducted from the total collected funds.

• Enhanced Features: The KadoClip 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 KadoClip to improve the user experience.
• Fees and Eligibility: The KadoClip fee is not a separate charge to the Organizer or any individual Contributor. It is deducted directly from the pool's total collected funds at closure. The applicable fee is disclosed within the application prior to selection. All fees are tax-inclusive; no additional charges are applied at the time of deduction. The KadoClip fee is non-refundable once the upgrade is selected and is available only when the total pool amount is in excess of a threshold.

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.

4Redemption 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: Redemption for third-party retailer gift cards (e.g., Amazon, Starbucks, Target), Visa/Mastercard prepaid cards or donations available in our global catalog. This is provisioned by Zendit.
• Cash Payouts via Stripe: Direct bank transfers (ACH), wire transfers, or digital wallet transfers (e.g., PayPal, Venmo), where available.
• Donations : Some pools are for the benefit of a parnter organization. In this case, funds are disbursed directly by bank transfer to the partner.

4.2 Third-Party Terms

All redemptions are processed via Stripe. All gift cards are ordered via Zendit. 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

KadoPool does not charge any fee for payouts. However, depending on the payout method selected, fees may be assessed by third parties outside KadoPool's control: the payout processor (e.g., Stripe) may charge a transaction fee for certain cash transfer methods such as wire transfers or instant digital wallet transfers, and the Recipient's bank or financial institution may apply its own receiving or conversion fees. Any processor fees will be clearly disclosed at the time of redemption. KadoPool has no visibility into and is not responsible for fees applied by the Recipient's bank.

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 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).
• 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.

5Partner Organization Program

KadoPool offers a community reinvestment program where 30% of our Platform Fee is shared with verified Partner Organizations (e.g., PTA/PTO, non-profit or for-profit schools, other education-related organizations, or more broadly non-profit organizations across various missions). This is a commercial referral fee paid by KadoPool LLC directly to the Partner Organization; it is not a tax-deductible donation from the Contributor.

• Nature of Payment: This payment is a commercial referral fee from KadoPool to the Partner Organization; it is not a tax-deductible donation from the individual Contributor.
• Verification: Organizations must verify their identity, banking details, and tax status via Stripe Connect to receive funds and ensure compliance with financial regulations.
• Calculation: For every transaction processed in a pool linked to a Partner Organization, 30% of the KadoPool Platform Fee is allocated to that Partner. The Organizer is responsible for linking the Partner Organization to the pool in the application.
• Payment: Funds are tracked automatically and disbursed quarterly once the Partner’s balance reaches $50, or annually by February 15 for balances under that threshold. Full payment terms are set out in the Partner Organization Addendum.

Donation Pools. Eligible 501(c)(3) Partner Organizations may also enable Donation Pools — a distinct pool type through which Contributors make charitable contributions remitted directly to the Partner Organization. KadoPool is a software platform and does not solicit donations on behalf of Partner Organizations. The 30% Platform Fee rebate applies to Donation Pools on the same basis as standard pools. KadoPool will automatically generate and deliver IRS-compliant contribution acknowledgment letters to Contributors in the Partner Organization’s name upon pool closure, acting as the Partner’s authorized agent for that purpose.

Donation Pool Organizers. Any registered KadoPool user may create a Donation Pool designating a verified 501(c)(3) Partner Organization as beneficiary. By creating a Donation Pool, you represent and warrant that you are acting as an uncompensated volunteer in support of that organization and are not a professional fundraiser as defined under applicable state law.

Full terms governing the Partner Program — including fee calculation, payout schedule, Donation Pool eligibility and compliance, and termination — are set out in the Partner Organization Addendum, which Partner Organizations agree to upon registration.

6User 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.

7Refunds & 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.

8Disclaimer 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.

9Compliance 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.

10International 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

Each Pool operates in a single currency determined by the Organizer’s Home Jurisdiction at the time of pool creation. This currency applies to all contributions, fees, and payouts for that pool and cannot be changed once the pool is created.

• Single Pool Currency: The pool currency is set to the local currency of the Organizer’s Home Jurisdiction (e.g., USD, EUR, GBP, AUD). All amounts displayed to Contributors — including the contribution amount, Platform Fee, and Processing Fee — are shown in that currency.
• Cross-Currency Contributions: Contributors may be invited to participate in a pool whose currency differs from their own. In that case, the Contributor’s payment method will be charged in the pool’s currency. The Contributor’s bank or card issuer is solely responsible for applying any currency conversion and may charge foreign transaction or conversion fees. KadoPool has no control over, and is not responsible for, any exchange rate applied or fees levied by the Contributor’s financial institution.
• No Currency Guarantee: KadoPool does not guarantee any exchange rate and is not liable for any loss arising from currency fluctuations between the time a contribution is made and the time funds are disbursed.

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.

11Governing 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.

12Limitation 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.

13Indemnification

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.