Memorial Fundraising Terms

1. Eligibility and Accounts

Fundraisers are available only to verified MemoriTree account holders who are at least 18 years old, are legal residents of the United States, can complete identity verification, and can provide a valid U.S. bank account for payouts through our payment processor. Donations may be made only by Donors located in the United States, in U.S. dollars; the minimum Donation is $10 and the maximum single Donation is $10,000. You must keep your account in good standing and your information accurate and current. We may decline, condition, suspend, or terminate access to Fundraisers for any account at our discretion, including where required by our payment processor or applicable law.

2. Nature of the Service; Not a Charity, Fiduciary, Escrow, or Money Transmitter

MemoriTree provides technology that lets Organizers create Fundraisers and lets Donors contribute through our third-party payment processor. MemoriTree is not a charity, charitable foundation, broker, dealer, money transmitter, money services business, bank, trustee, fiduciary, or escrow agent, and does not provide banking, custodial, investment, legal, tax, or financial advice or services. For the limited purpose of collecting Donations, MemoriTree and its payment processor act as the Organizer's agent, and each Donation is treated as received by the Organizer at the moment it is received by MemoriTree or its payment processor. We do not hold Donations in trust or escrow for any Donor or Beneficiary, and we owe no fiduciary duty to any Organizer, Donor, or Beneficiary. We do not verify, endorse, investigate, or guarantee any Organizer, Donor, Beneficiary, Fundraiser, statement, cause, or use of funds, and we are not responsible for whether a Fundraiser meets its goal or whether funds are used as described.

3. The Organizer's Role and Responsibilities

The Organizer is solely responsible for the Fundraiser, including its title, description, images, stated purpose or cause, the accuracy of every claim, the identity and legitimacy of any Beneficiary, all communications with Donors, and the receipt, handling, and use of all funds. By creating or managing a Fundraiser, the Organizer represents, warrants, and agrees, on a continuing basis, that:

• the Organizer is who they claim to be and has the legal right and authority to create the Fundraiser and to collect funds for the stated purpose and any Beneficiary;
• all information provided is true, accurate, current, and not misleading, and will be kept up to date;
• the Fundraiser relates to the memorialized individual and to a lawful purpose;
• if the Organizer is not the Beneficiary, the Organizer will deliver the funds received, net of fees, to the intended Beneficiary promptly and in full, and is solely responsible for doing so;
• the Organizer will use funds only for the stated purpose, and will refund Donors or return funds where the stated purpose cannot be fulfilled, to the extent required by law;
• the Organizer authorizes MemoriTree and its payment processor to issue refunds of Donations, and to reverse or withhold the corresponding transfers, as described in Section 8, Section 9, Section 13, and the Refund Policy, including for Donations treated as received by the Organizer under Section 2;
• the Organizer holds all rights necessary to the content it posts and grants MemoriTree the license described in the Terms of Service;
• the Organizer will comply with all applicable laws, including any charitable solicitation, fundraising registration, consumer protection, tax, and anti-fraud laws, and is solely responsible for determining whether any registration, license, or disclosure is required and for completing it; and
• the Organizer is not, and is not acting for, any person or entity subject to U.S. sanctions, and the Fundraiser is not for a prohibited purpose.

4. Causes, Beneficiaries, and Where Funds Go

When creating a Fundraiser, the Organizer selects a cause and may describe a personal purpose for the funds, such as funeral or memorial costs, support for the family, or another personal purpose the Organizer identifies (for example, education). Regardless of the stated purpose, all funds are paid only to the Organizer, and never directly to any family member, Beneficiary, charity, or other third party. MemoriTree does not transmit funds to any charity, organization, or other third party, does not act as a conduit or agent for any charity or organization, and does not provide tax receipts or charitable-donation acknowledgments. No charity or other organization is a party to, endorses, or receives funds through any Fundraiser, and Donations are not tax-deductible. Any Beneficiary is not a party to these Fundraising Terms, acquires no contractual right against MemoriTree, and must look solely to the Organizer for any funds. These Fundraising Terms create no third-party beneficiary rights.

5. Donor Acknowledgements

If you make a Donation, you acknowledge and agree that:

• your Donation is a voluntary gift, made without any expectation of goods, services, equity, interest, repayment, or other return, and is not a purchase, investment, loan, or deposit;
• MemoriTree does not vet, verify, or guarantee any Organizer, Fundraiser, cause, Beneficiary, or use of funds, and you give based on your own judgment and at your own risk;
• your Donation is generally non-refundable, and except as expressly provided in Section 9 while MemoriTree still holds the funds, you have no right to a refund from MemoriTree, including if you are dissatisfied with how funds are used;
• your Donation is generally not tax-deductible, and you are responsible for determining its tax treatment;
• you authorize MemoriTree and its payment processor to charge your selected payment method for the Donation and any optional Tip you select, and to take any steps reasonably necessary to process, confirm, reverse, or refund the transaction;
• any Tip you add is an optional, voluntary payment made by you to MemoriTree, separate from your Donation. The Tip amount is yours to set: a suggested amount may be preselected, and you may change it to any amount, including zero, before paying. Tips are never deducted from your Donation, do not count toward the Fundraiser's total, are not tax-deductible, and are not refunded automatically if your Donation is refunded. Tips are non-refundable except where MemoriTree elects, in its sole discretion, to refund a Tip, or where a refund is required by applicable law or payment network rules;
• if you select a monthly Donation, you authorize recurring monthly charges of your selected Donation amount plus a 5% Recurring Fee to MemoriTree until you cancel, as described in Section 6, and you acknowledge that cancellation stops future charges but does not refund charges already made;
• the funds you use are your own and lawfully obtained, you are at least 18 years old and located in the United States, and your Donation does not violate any law or these Fundraising Terms; and
• the Organizer, not MemoriTree, is responsible for any communications, recognition, and use of funds, and you release MemoriTree as described below.

6. Payments, Processing, Fees, and Tips

Donations are processed by our third-party payment processor, Stripe, using Stripe Connect. MemoriTree, through its payment processor account, receives each Donation and then transfers the net amount to the Organizer's connected account. MemoriTree charges no platform fee on Donations. Each Donation is, however, subject to the payment processor's transaction fee (currently approximately 2.9% plus $0.30 per transaction; the actual fee varies by payment method and other factors and is set by the payment processor, not by MemoriTree). The payment processor's transaction fee is a cost borne by the Organizer. It is deducted from the Donation before the net amount is transferred, so the Organizer receives each Donation minus the processing fee attributable to that Donation. This fee is charged by the payment processor as a condition of processing the payment, is outside MemoriTree's control, and is not retained by MemoriTree in any part. Where a Donor adds a Tip, the processing fee attributable to the Tip is borne by MemoriTree out of the Tip and is never deducted from the Donation.

Tips. At the time of donating, a Donor may choose to add an optional, voluntary payment to MemoriTree (a "Tip") to support MemoriTree's operation of the fundraising service. A Tip is a separate payment from the Donor to MemoriTree. It is not a Donation, is not collected or held for the Organizer or any Beneficiary, does not count toward the Fundraiser's total, and is never deducted from the Donation. The Tip amount is controlled by the Donor: a suggested amount may be preselected, and the Donor may change it to any amount, including zero, before paying; no Tip is required to donate. Tips are not tax-deductible. Tips are non-refundable, except where MemoriTree elects, in its sole discretion, to refund a Tip or where a refund is required by applicable law or payment network rules. In particular, a Tip is not refunded automatically when the related Donation is refunded (see Section 9).

Donations may be funded by card, digital wallet (such as Apple Pay or Google Pay), or bank payment, each processed by Stripe, and may include other payment methods where we choose to offer them. Bank-funded Donations are not final when initiated and may take several business days to confirm and settle; a Donation is not considered collected until the funds have cleared. Donations appear on your card or bank statement under a MemoriTree descriptor, and one-time Donations generally include the memorial name where space allows. If you do not recognize a charge, contact us at support@memoritree.com and we will help. We may change fees, payment methods, minimums, and limits on a going-forward basis, with notice as described in the Terms of Service.

Monthly Donations and the Recurring Fee. If you select a monthly Donation, you authorize MemoriTree and its payment processor to charge your selected payment method each month, until you cancel, for (a) the Donation amount you selected and (b) a recurring fee equal to 5% of that Donation amount (the "Recurring Fee"), which is disclosed at checkout and included in the total shown before you confirm. The Recurring Fee is a payment from you to MemoriTree for its operation of automatic, recurring giving. It is not a Donation, is not collected or held for the Organizer or any Beneficiary, does not count toward the Fundraiser's total, and is not tax-deductible. Each monthly charge is treated as a separate Donation under these Fundraising Terms, and the processing-fee allocation described above applies to each monthly Donation. The Recurring Fee is non-refundable, except where MemoriTree elects, in its sole discretion, to refund it or where a refund is required by applicable law or payment network rules. In particular, the Recurring Fee for a given month is not refunded automatically when that month's Donation is refunded (see Section 9). You may cancel your monthly Donation at any time through the link in any receipt email or by contacting support@memoritree.com. Cancellation stops future charges but does not refund charges already made. If the Fundraiser is paused, closed, or disconnected from payouts, we will cancel your monthly Donation and, where a charge has just been made for a period we cannot deliver, refund that charge in full.

7. Payouts, Holds, Reserves, and Verification

Funds are transferred to the Organizer's connected account only after the related Donation has cleared and after any settlement or risk hold period has elapsed. The Organizer completes onboarding and identity verification through tools provided by our payment processor, which may be embedded in the Service or hosted by the payment processor, manages bank details and payout activity through the payment processor's dashboard, and must accept and is bound by the Stripe Services Agreement and the Stripe Connected Account Agreement. Before or after any payout, MemoriTree or its payment processor may, in their discretion and without liability: require identity verification and additional information (Know Your Customer); delay, suspend, limit, or decline any transfer or payout; place holds or maintain reserves; and impose limits, in order to manage settlement, returns, chargebacks, disputes, suspected fraud, legal or compliance requirements, or risk. MemoriTree does not solely control and does not guarantee payout timing, which depends on MemoriTree's settlement and risk holds, the Organizer's verification status, the Donor's bank, the payment processor, and applicable hold periods.

Identity verification before payout. Before any funds are paid out, an Organizer must complete identity verification. This includes the Organizer's Social Security number and date of birth and, where our payment processor cannot otherwise verify the Organizer, a government-issued photo ID. Donations continue to be collected and remain in MemoriTree's payment-processor balance pending transfer or refund during this time, but no payout will be released until this verification is completed. The information required may change at MemoriTree's or its payment processor's discretion.

8. Chargebacks, Returns, Reversals, and Recovery

The Organizer is financially responsible for all chargebacks, ACH returns, reversals, refunds, claims, fines, penalties, and processor fees associated with the Organizer's Fundraiser and Donations. If a Donation is reversed, returned, charged back, or refunded, or if MemoriTree determines that a Donation was fraudulent, erroneous, prohibited, or made in violation of these Fundraising Terms, MemoriTree and its payment processor may, without prior notice and without liability: reverse or cancel the corresponding transfer to the Organizer; refund the Donor; withhold, freeze, or set off funds; deduct or recover the amount, plus any related fees, from current or future Donations, from the Organizer's connected account, or by other lawful means; and require the Organizer to repay any resulting negative balance. The Organizer authorizes these actions and remains liable for any shortfall, including reasonable costs of collection.

9. Refunds

Donations are voluntary gifts. After a Donation is made, the funds move through three stages: first, they are collected and held by MemoriTree; second, the net amount is transferred to the Organizer's payment account with our payment processor; third, they are paid out from that account to the Organizer's bank. What we can do about a refund depends on which stage the funds are in when we process your request. To request a refund, email us at support@memoritree.com within 30 days of the Donation, from the email address on your receipt or with enough detail for us to find the Donation. A member of our team reviews every request.

While MemoriTree holds the funds. If the funds from your Donation are still held by MemoriTree when we process your request, we will refund the full amount of your Donation to your original payment method. A Donation funded by a bank payment can be refunded only once the payment has finished clearing. We may delay a refund while we review suspected fraud or misuse of the refund process.

After the funds have been transferred to the Organizer's payment account. Once the net amount has been transferred to the Organizer's payment account, MemoriTree no longer holds the funds. If you request a refund at this stage, we will review the request and make reasonable efforts to recover the funds where recovery is practicable, including, where appropriate, by asking our payment processor to reverse the transfer. Because the funds are no longer ours to return, a refund at this stage is generally issued only if we first recover the corresponding amount, and we may decline where recovery does not succeed. Whether recovery is practicable, and whether to issue a refund, remain in MemoriTree's sole discretion, because a recovery attempt can affect the Organizer and other Donors' contributions. MemoriTree may still choose to refund you without recovering the funds, and will do so where required by applicable law or payment network rules, including for an unauthorized, duplicate, or erroneous charge. We will notify you of the outcome. MemoriTree is not liable if the funds cannot be recovered.

After the funds have been paid out to the Organizer. Once funds have been paid out to the Organizer's bank account, MemoriTree no longer holds or controls them, and MemoriTree does not reverse completed payouts to satisfy a refund request. If you would like a Donation returned at this stage, we recommend speaking with the Organizer directly, since the Organizer holds the funds; any return at this stage is solely between you and the Organizer. You may also contact support@memoritree.com and we will tell you what, if anything, is possible. MemoriTree has no obligation to pursue or recover funds that have been paid out, and has no liability for an Organizer's decision not to return a Donation.

What a refund covers. Where MemoriTree issues a refund, the refund returns the Donation amount to your original payment method. Tips are separate payments to MemoriTree and, except where this Section expressly provides otherwise, are not refunded when a Donation is refunded; Tips are non-refundable except where MemoriTree elects, in its sole discretion, to refund a Tip, or where a refund is required by applicable law or payment network rules. The Recurring Fee on a monthly Donation is treated the same way. The payment processor generally does not return its transaction fee when a payment is refunded; that cost is borne by MemoriTree or the Organizer and does not reduce the amount returned to you. A Donor who believes a Donation, Tip, or Recurring Fee was unauthorized or made in error should contact us at support@memoritree.com as soon as possible. Bank-funded Donations may also be reversed by the Donor's bank under applicable banking rules. This Section does not limit any non-waivable rights you may have through your bank, card issuer, or payment network, or under applicable law. Except as expressly stated in this Section, all refunds are in MemoriTree's sole discretion, and a refund issued by MemoriTree is a voluntary accommodation, not an admission of any obligation or liability. Nothing in this Section limits MemoriTree's rights under Section 8 or Section 13. See our Refund Policy for more detail.

Funds held pending identity verification. Where a payout is held because the Organizer has not completed the required identity verification (see Section 7), and the Organizer does not complete that verification within 90 days of the hold beginning, MemoriTree will cancel the affected held Donations and refund them in full, including any Tip or Recurring Fee paid with them, to the Donors' original payment methods. Because these funds were never released to the Organizer, this refund involves no recovery from the Organizer.

10. Taxes

The Organizer is solely responsible for determining and satisfying any tax obligations arising from funds received, and for any required reporting. Our payment processor may issue tax forms, such as IRS Form 1099-K, to the Organizer's connected account where reporting thresholds are met, and the Organizer is responsible for providing an accurate legal name and taxpayer identification number; failure to do so may result in withholding, payout holds, or closure. MemoriTree does not provide tax advice. Donations made through MemoriTree are generally not tax-deductible, and each Donor is responsible for confirming the tax treatment of any Donation.

11. Prohibited Fundraisers and Conduct

You may not create, promote, or use a Fundraiser, and may not make or solicit a Donation, for or involving any of the following:

• any unlawful, fraudulent, deceptive, misleading, or false purpose or claim;
• any purpose unrelated to the memorialized individual, or the benefit of anyone other than the stated purpose or Beneficiary;
• impersonation of any person, or collecting funds for an individual, family, or cause without authorization;
• naming any charity or tax-exempt organization, or implying that one endorses the Fundraiser or will receive funds through it (Fundraisers pay out only to the Organizer; see Section 4);
• any activity that violates our Terms of Service, the rules or restricted-business list of our payment processor, or any applicable law or regulation;
• hate, harassment, violence, terrorism, exploitation, or content that is obscene, defamatory, or infringing;
• weapons, controlled substances, gambling, pyramid or multi-level marketing schemes, securities or investment offerings, or other regulated or high-risk activities;
• money laundering, sanctions evasion, or any transaction involving a person or country subject to U.S. sanctions; or
• circumventing, manipulating, or inflating fees, totals, donor counts, or our systems, including self-funding to create a false impression.

This list is illustrative, not exhaustive. We may determine, in our discretion, that a Fundraiser or Donation is prohibited or presents risk, and act under Section 13.

12. Sanctions and Anti-Money-Laundering

You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that you are not identified on any U.S. government list of prohibited or restricted parties. You will not use Fundraisers in violation of any sanctions, anti-money-laundering, or counter-terrorism-financing laws. We and our payment processor may screen, monitor, report, freeze, or block activity as required by law, and may withhold or return funds accordingly, without liability to you.

13. Suspension, Removal, and Discretion

MemoriTree may, at any time, in its sole discretion, and without prior notice or liability: refuse, pause, suspend, remove, or close any Fundraiser; cancel, refund, withhold, freeze, or reverse any Donation or payout; remove or disable content; and limit, suspend, or terminate any account, including where we suspect a violation of these Fundraising Terms, fraud, abuse, legal or compliance risk, or risk to MemoriTree, Donors, Beneficiaries, or our payment processor. We may also modify, suspend, or discontinue Fundraisers, in whole or in part, at any time. We are not obligated to offer or to continue any Fundraiser.

14. Organizer Death, Incapacity, and User Disputes

If an Organizer dies, becomes incapacitated, or is otherwise unable to manage a Fundraiser, MemoriTree is not obligated to transfer control of the Fundraiser or its funds to any other person, and may, in its sole discretion, pause or close the Fundraiser, withhold funds, refund Donors, or require court orders or other legal documentation before taking any action. Disputes among Organizers, Donors, Beneficiaries, family members, or other persons regarding a Fundraiser or its funds are solely between those persons. MemoriTree has no obligation to investigate, mediate, or resolve any such dispute, and may, but is not required to, withhold or freeze funds pending resolution.

15. Donor Information and Privacy

To operate a Fundraiser, MemoriTree may make certain information about a Donation available to the Organizer and, where applicable, publicly on the memorial, such as the Donor's name (unless the Donor elects to give anonymously), the Donation amount, and any message. The Organizer agrees to use Donor information only in connection with the Fundraiser, to handle it in accordance with applicable law and our Privacy Policy, and not to sell it or use it for unrelated marketing. Donors consent to this use. Our handling of personal information is described in our Privacy Policy.

16. No Guarantee; Disclaimers

Fundraisers are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, MemoriTree disclaims all warranties regarding Fundraisers, and makes no representation or guarantee that any Fundraiser will raise any amount, that any Donation will be made, collected, or delivered, that funds will be used as described, that any Beneficiary will receive funds, or that payouts will occur within any particular time. MemoriTree is not responsible or liable for the acts, omissions, statements, or use of funds of any Organizer, Donor, or Beneficiary, or for any failure, delay, error, reversal, hold, or dispute in payment processing. This Section is in addition to the disclaimers in the Terms of Service.

17. Release

To the fullest extent permitted by law, you release and forever discharge the MemoriTree Parties (as defined in the Terms of Service) from any and all claims, demands, damages, losses, and liabilities of every kind, known or unknown, arising out of or in any way connected with any Fundraiser, any Donation, the use or non-use of funds, or any act, omission, or dispute of or among any Organizer, Donor, or Beneficiary. If you are a California resident, you expressly waive California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You also waive any comparable law of any other jurisdiction.

18. Indemnification

You agree to indemnify, defend, and hold harmless Albatross Ecommerce LLC and its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, demands, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: your Fundraiser; any Donation you make or receive; your receipt, handling, or use of funds; your representations to Donors or any Beneficiary; your breach of these Fundraising Terms; your violation of any law or any right of a third party; or any chargeback, return, reversal, dispute, fine, or fee. This obligation includes claims brought by Donors, Beneficiaries, family members, charities, tax authorities, or our payment processor.

19. Limitation of Liability

To the fullest extent permitted by law, the MemoriTree Parties will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of funds, profits, goodwill, or data, arising out of or relating to Fundraisers. In no event will the MemoriTree Parties be liable for the amount of any Donation, for funds held, transferred, withheld, reversed, or lost by the Organizer or the payment processor, or for any Organizer's or Beneficiary's use or misuse of funds. MemoriTree's total aggregate liability arising out of or relating to Fundraisers is subject to, and does not exceed, the limitation of liability set out in the Terms of Service.

20. Changes, Governing Law, Dispute Resolution, and Precedence

We may change these Fundraising Terms with notice as described in the Terms of Service, and your continued use of Fundraisers after the changes take effect constitutes acceptance. These Fundraising Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules, and are subject to the dispute resolution, binding individual arbitration, class-action and jury-trial waiver, and governing-law provisions of the Terms of Service, which are incorporated by reference. These Fundraising Terms supplement the Terms of Service; if there is a conflict regarding Fundraisers, these Fundraising Terms control to the extent of that conflict. If any provision is held unenforceable, the remaining provisions remain in effect and the unenforceable provision will be enforced to the maximum extent permitted. Our failure to enforce any provision is not a waiver. You may not assign these Fundraising Terms; we may assign them freely. Provisions that by their nature should survive, including those on recovery of funds, taxes, disclaimers, release, indemnification, and limitation of liability, survive termination.

21. Contact

Questions about Fundraisers: support@memoritree.com.