Effective Date: June 15, 2024
These Terms of Service (the “Terms of Service” or “Terms”) sets forth the terms under which Crowdstake Inc., a Delaware corporation with its principal place of business in Texas (“Crowdstake”, “we”, or “us”) will provide access to our website, widget, and related Services to you (“you” or “your”).
This document outlines the rights and responsibilities of Crowdstake, Donors, and Recipients in connection with the use of our Services.
By using Crowdstake, you agree to comply with these Terms. Please read them carefully to understand how our Service operates, especially regarding Donations, Staking Rewards, and the handling of Cryptocurrency.
Crowdstake provides a widget for individuals and organizations to make and receive Donations, either as one-time payments or as Recurring Donations by leveraging Staking Rewards. Our Services aim to accommodate both Donors seeking to contribute to causes and Recipients looking to receive support.
Our Services support various payment methods, including Cryptocurrency transactions through a Web 3 Wallet. In addition, Crowdstake ensures that all Donations are Non-Custodial, meaning that funds go directly to Recipients without Crowdstake holding onto them.
In these Terms of Service, the following terms shall have the respective meanings ascribed to them.
Crowdstake aims to create a simple and secure environment for Donors to support their favorite causes and for Recipients to receive and manage their funds efficiently. Crowdstake’s Services supports multiple payment methods by integrating services like Coinbase, Lido, Stripe, and Plaid.
2.1 For Donors. Crowdstake offers various services to Donors to facilitate the Donation process, whether for one-time contributions or Recurring Donations. If you are making a one-time Donation, you can scan a QR Code to donate from your Coinbase account or any other Bitcoin wallet or connect through your Web 3 Wallet.
To make Recurring Donations, Donors need to create a Crowdstake Account. The setup process involves providing basic personal information, such as your name and email address, and creating a secure password. After account creation, Donors must verify their email by clicking on a confirmation link sent to their registered email address. Once the email is verified, Donors can link their Web 3 Wallet.
Linking a Web 3 Wallet to a Crowdstake Account requires Donors to log into their Web 3 Wallet and authorize the connection with Crowdstake. This is typically done through a secure connection prompt in the Web 3 Wallet interface. Additionally, Donors may be required to complete a two-factor authentication process for added security. Once linked, Donors can automatically contribute their Staking Rewards as they earn them.
For Recurring Donations of Staking Rewards, we integrate with Lido.
Crowdstake also integrates with Stripe, enabling Donors to make donations using debit cards, credit cards, and ACH transfers. This provides Donors with flexible payment options beyond Cryptocurrency Donations.
2.2 For Recipients. Our Recipient Services are designed to facilitate the receipt of Donations seamlessly and efficiently. By integrating Crowdstake into your website, Recipients can offer their supporters an easy way to contribute using various forms of Cryptocurrency.
Recipients can view the status of received Donations via their Crowdstake dashboard. The dashboard provides comprehensive details of all transactions, facilitating better tracking and management of contributions.
Recipients do not need a Web 3 Wallet to receive Donations. Instead, you may log into the Crowdstake dashboard, view your received Bitcoin or other Cryptocurrency, and use Crowdstake’s widget to convert the Cryptocurrency into cash using Crowdstake’s integration with Coinbase. The resulting funds can then be transferred to your preferred bank account using Plaid.
Crowdstake integrates with various payment processing methods, allowing users to make Donations through different channels. These methods include Cryptocurrency Donations and debit card, credit card, and ACH transfers via Stripe.
3.1 Cryptocurrency Donations. Crowdstake supports multiple methods for Donors to make Cryptocurrency Donations.
Please note that each method of Cryptocurrency Donation may be subject to potential transaction fees. These fees vary depending on the specific Cryptocurrency and the platform used for the transaction.
One-Time Donations. Donors can scan a QR Code to donate using their Bitcoin from a Coinbase account or any other Bitcoin wallet. Alternatively, if the Donor is using a specific type of Cryptocurrency, they can utilize a Web 3 Wallet to donate.
Recurring Donations. For Donors interested in Recurring Donations, Crowdstake integrates with Lido, allowing Donors to donate their Staking Rewards as they earn them. To make Recurring Donations, Donors must set up a Crowdstake Account and link their Web 3 Wallet.
3.2 Stripe Transactions. Crowdstake integrates with Stripe to facilitate Donation payments. Donors can use their debit cards, credit cards, and ACH transfers to make Donations to Recipients through Stripe. This ensures a seamless and secure payment process for all parties involved.
Donors are subject to Stripe’s terms of service and privacy policies when donating via Stripe. Crowdstake does not store or have access to Donors’ financial information used during these transactions.
Stripe may charge processing fees for transactions. These fees will be communicated to the Donor during the Donation process. Crowdstake is not responsible for any additional fees that Stripe may charge.
Recipients will receive funds from Stripe transactions directly into their Crowdstake Account. From there, Recipients can transfer funds to their bank accounts using the integrated services provided by Crowdstake.
Donations made through Crowdstake are Non-Custodial, meaning Crowdstake never takes possession of the Donation funds. The Donation goes directly from the Donor to the Recipient without being held by Crowdstake.
Crowdstake utilizes blockchain technology to ensure that Donations are securely transferred to the Recipient’s Account. This process provides greater transparency and eliminates the risk of fund mismanagement.
Crowdstake cannot access or withdraw funds from the Recipient’s Account for added security. By using Crowdstake’s non-custodial Service, Donors can feel confident that their Donations are being directly provided to their chosen Recipients without any intermediary handling funds.
Crowdstake provides Donors with automated Tax Receipts for their Donations. Upon making a Donation, Donors will receive an automated email containing their Tax Receipt, which can be used for tax filing purposes.
Donors can also download their Tax Receipts directly from their Crowdstake Account anytime.
It is the Donor’s responsibility to ensure that the Tax Receipt complies with their local tax regulations and to consult with a tax advisor if needed.
Crowdstake charges a transaction fee of 5% on all Donations or transactions processed through its Services. This fee is deducted automatically at the time of the transaction, whether it is a one-time Donation or a Recurring Donation.
The 5% fee applies to all types of transactions including those made through Stripe and Cryptocurrency Donations processed via integration with services like Lido.
Crowdstake reserves the right to change the transaction fee percentage by providing prior notice to users. Any changes will be effective immediately for new Donations and Recurring Donations initiated after the notice period.
Users are encouraged to review the fee structure periodically to stay informed about any updates or modifications that may affect their use of Crowdstake’s Services.
Crowdstake integrates with various third-party services to facilitate Donor and Recipient interactions. These providers include Lido, Coinbase, and Stripe, among others.
For recurring Donations, Crowdstake collaborates with Lido, allowing Donors to donate their Staking Rewards. This requires users to set up a Crowdstake Account and link their Web 3 Wallet.
For one-time Cryptocurrency Donations, Donors can use Coinbase or their Web 3 Wallet to transfer funds. The Recipient can then convert these Donations into cash using Coinbase’s services.
Crowdstake supports traditional payment methods for Donations through Stripe, enabling Donors to make payments via debit card, credit card, and ACH transfers.
Users must comply with all applicable laws and regulations when using our Services. Any illegal activity, fraud, or misuse of our Services is strictly prohibited. Examples of prohibited activities include, but are not limited to, money laundering, financing of terrorism, and conducting transactions from restricted jurisdictions.
Donors are responsible for ensuring that their Cryptocurrency Donations are made from legitimate sources and in a legal manner. Crowdstake reserves the right to refuse or refund any Donation that violates these terms. Specific non-compliance scenarios include using stolen funds to make Donations or making Donations under a false identity.
Recipients must not engage in any activity that could harm the reputation or functionality of Crowdstake. This includes but is not limited to false advertising, misrepresentation, or misuse of funds. Additional misconduct activities include providing misleading information about the purpose of Donations or failing to use Donations for their intended purpose.
Users must ensure the security of their Web 3 Wallet and Crowdstake Account credentials. Crowdstake is not responsible for any loss or damage from unauthorized access to user accounts. Specific negligence includes sharing account credentials with unauthorized individuals or failing to implement adequate security measures.
Spamming, phishing, and any other form of unsolicited communication through Crowdstake Services is strictly prohibited. Violations will result in immediate suspension of Services. Examples of prohibited activities include sending mass unsolicited messages to other users or attempting to harvest user information through deceptive means.
All rights, title, and interest in and to our Services, including all the content (text, images, videos, software code, audio files, and any other materials produced or provided by Crowdstake), remain the exclusive property of Crowdstake and our affiliates. This includes but is not limited to all intellectual property rights, trademarks, trade names, logos, and service marks associated with Crowdstake.
No Donor or Recipient may use, copy, modify, create derivative works from, distribute, or display any part of our Services without prior written consent from Crowdstake. This means you must not engage in activities such as reverse engineering, decompiling, or disassembling any part of the Services provided by Crowdstake.
Unauthorized use, reproduction, or distribution of Crowdstake intellectual property is strictly prohibited and may result in civil and criminal penalties.
Any feedback, comments, or suggestions provided by users regarding the Services shall be exclusively owned by Crowdstake. We may use this feedback for any purpose without any obligation to the user. This includes, but is not limited to, improving our Services, developing new features or functionalities, and for any other business purposes. By submitting feedback, you hereby assign to Crowdstake all rights, title, and interest in and to such feedback, including any intellectual property rights therein.
Furthermore, you acknowledge and agree that Crowdstake is under no obligation to compensate you for any feedback or suggestions you provide, regardless of how such feedback or suggestions are used. You also agree that Crowdstake may use such feedback or suggestions in a manner similar to or competitive with your business or products. By providing feedback, you represent and warrant that you own or have sufficient rights in such feedback and that it does not infringe upon the intellectual property rights of any third party.
You also agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be contained within or accompanying our Services. This ensures that the proprietary rights of Crowdstake and its licensors are respected and upheld.
The use of Crowdstake’s Services is provided on an “AS IS” basis. CROWDSTAKE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Crowdstake does not warrant that the Services will be uninterrupted, timely, secure, or error-free or that any errors in the Services will be corrected. Users acknowledge and agree that any material or data downloaded or otherwise obtained through the use of the Services is done at their own discretion and risk, and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data.
No advice or information, whether oral or written, obtained by users from Crowdstake or through or from the Services shall create any warranty not expressly stated in these Terms of Service. Crowdstake makes no warranties regarding the accuracy, completeness, reliability, or availability of the Services, and any reliance on the Services is at the user’s own risk.
Cryptocurrency investments and transactions are highly volatile and may result in significant losses over a short period. Crowdstake makes no guarantees regarding the future value of any Cryptocurrency Donations or Staking Rewards donated through its Services.
Users are solely responsible for ensuring compliance with applicable laws and regulations related to cryptocurrencies and Donations in their respective jurisdictions. Crowdstake disclaims all responsibility for any legal or regulatory issues that may arise from using our Services.
Crowdstake does not provide financial, investment, tax, or legal advice. Users should consult with their own advisors before making any financial decisions involving cryptocurrencies or Staking Rewards.
Crowdstake disclaims any responsibility for downtime or disruptions in the Services caused by maintenance activities, third-party integrations, or external factors beyond its control, such as internet outages or cyberattacks. Users acknowledge that these interruptions may affect the availability and performance of the Services.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CROWDSTAKE AND ITS AFFILIATES, PARTNERS, AND LICENSORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE CROWDSTAKE SERVICES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, OR DATA, OR FINANCIAL LOSSES.
Crowdstake does not assume responsibility for the timeliness, deletion, misdelivery, or failure to store user communications or personalized settings. Crowdstake shall not be liable for any defamatory, offensive, or illegal conduct of any user or third party.
Under no circumstances will Crowdstake be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Crowdstake Services or your Crowdstake Account.
In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, Crowdstake’s liability in such jurisdictions shall be limited to the extent permitted by law.
Crowdstake shall not be liable for any damages, losses, or issues arising from or related to third-party integrations or external services used in conjunction with Crowdstake Services, including but not limited to, services provided by Lido, Stripe, or Plaid. Your use of such third-party services is at your own risk and subject to the terms and conditions of those third parties.
Donors agree to indemnify and hold harmless Crowdstake, its officers, directors, employees, agents, and affiliates from and against all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with their use of Crowdstake’s Services, including but not limited to:
Recipients agree to indemnify and hold harmless Crowdstake, its officers, directors, employees, agents, and affiliates from and against all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with their use of Crowdstake’s Services, including but not limited to:
The indemnification obligations under this section will survive the termination or expiration of these Terms and are binding upon any successors and assigns of the parties hereto.
In the case of a dispute between you and Crowdstake arising from these Terms or your use of our Services, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
13.1 Binding Arbitration. You and Crowdstake agree that any dispute arising from or relating to these Terms or your use of our Services will be settled through binding arbitration conducted by the American Arbitration Association (AAA) and under their Commercial Arbitration Rules. Your responsibility to pay filing, administrative, or arbitrator fees is outlined in the AAA rules. To the extent permitted under AAA rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration and that other procedural rights, such as discovery and appeal, are not available in arbitration. YOU AND CROWDSTAKE EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW.
Disputes will be settled on an individual basis. YOU AND CROWDSTAKE EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.
Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in Texas to protect the party’s intellectual property rights pending completion of the arbitration.
13.2 Venue. Crowdstake’s offices are located in Texas. Any dispute subject to binding arbitration will take place in Texas. For any other judicial action that may arise between you and Crowdstake or for which our binding arbitration clause is found not to apply, you and Crowdstake agree to submit to the venue and personal jurisdiction of the state and federal courts in Texas.
Crowdstake operates its own independent business. As such, these Terms and any account registration will not be construed as creating or implying any relationship of employer and employee, agency, partnership, or joint venture between you and us. You do not have the authority to enter into written or oral (implied or express) contracts on our behalf.
The Services we provide are a work in progress and, as such, things may change, be added or be taken away. We reserve the right to update our Services and these Terms of Service from time to time, at our discretion and without any notice. You are responsible for keeping up-to-date with the latest Terms of Service by checking back regularly. Your continued use of our Services after publishing the updated Terms of Service will mean that you have read and agree to the changes.
16.1 Termination by Crowdstake. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of our Services with or without advance notice and for any reason, including, without limitation, a breach of these Terms of Service. Any suspected fraudulent, abusive, or illegal may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
16.2 Termination by You. You are entitled to terminate your Crowdstake Account at any time by emailing us at [email protected]. Please refer to our Privacy Policy to understand how we treat the information you provide after you have stopped using our Services.
16.3 Effect of Termination. Upon termination or suspension, regardless of the reasons, your right to use our Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Crowdstake Account and all related information and files in your Crowdstake Account or bar any further access to our Services.
We shall not be liable to you or any third party for any claims or damages arising out of any termination, suspension, or any other actions taken by us in connection with such termination or suspension.
As we develop our business, we might sell our businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, the purchaser will assume and fully discharge as they become due all liabilities and obligations described in these Terms.
Crowdstake will not be liable for failing to perform under these Terms by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an internet outage or interruption of Services, a communications outage, failure by a third-party integration to perform, fire, terrorism, natural disaster, pandemic, or war.
By using our Services, you agree that the statutes and laws of Texas, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of our Services. You agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within Texas concerning such matters.
Even though our Services may be accessible worldwide, we make no representation that the content on our Services is appropriate or available for use in locations outside the United States, and accessing our Services from territories where the content is illegal is prohibited. Those who access our Services from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product or information made in connection with our Services is void where prohibited.
By using our Services and submitting any personal information, you consent to the transfer of personal information to other countries, such as the United States, which may provide a level of data security different from your country of residence.
These Terms of Service constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended using any other document(s). Any attempt to alter, supplement, or amend this document shall be null and void unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with our Services is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
If any provision or provisions of these Terms of Service shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties’ intentions. All remaining provisions of these Terms shall remain in full force and effect.
All notices to a party shall be in writing and made via email or conventional mail. Notices to us must be sent to [email protected], if by email, or to 4700 Loyola Ln #101 Austin, TX 78723-3955, if by conventional mail.
We welcome comments, questions, and communication at [email protected].
