Welcome to Hatchpad.co (“Site”), a collaboration, networking and fundraising platform that empowers students to build and promote business pages, connect with peers, build a network and raise money online. Hatchpad.co is owned and operated by KidBacker, LLC (“KidBacker”, “our”). Please read HatchPad’s Terms and Conditions of Use (“Terms”) carefully before using the Site. By accessing or using Hatchpad.co, you (“User”) agree to be bound by this agreement. If you do not agree to these Terms, please do not use this Site.

Eligibility to Use Services

For Members/Campaign Creators

HatchPad is a networking and collaboration platform for students around the world. Our crowdfunding website is currently available for residents of United States only. Participants outside the United States may create business pages, connect with our community, access blogs, and other educational content but cannot create or fund crowdfunding campaigns until further notice.

Students 13 or older in secondary school and college can use HatchPad.

Users over 13 years of age

HatchPad is a website geared towards students in secondary school and college. If you are under the age of 18, it is important that you go through these Terms & Conditions with your parent so that you know what you can or cannot do on this Site. Users between the ages 13-18 can use the Website with consent and supervision of a parent or legal guardian who is at least 18 years old, provided that such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of services.

Users under the age of 13

We take the safety of children on the Internet very seriously. If you are under the age of 13, your parents will need to create and manage the campaign for you. We will also need a signed permission form that acknowledges your parents have read through our terms and conditions and understand that they are running the campaign and are responsible for it on your behalf. No campaigns or business pages may be created without this form. Please email us to request.

When you create an account and accept this agreement, you become a member. This means that you accept the conditions below and that you confirm that your parents have read and accepted the conditions.

HatchPad reserves the right to suspend any member account at any time, for any reason, without liability.

For Parents

Email info@hatchpad.co if you do not accept this agreement and your child has become a member of HatchPad. Members under 13 are unable to engage in crowdfunding on the Website until we receive the signed, electronic parental consent form that is required to activate their crowdfunding campaigns. Until written parental consent is obtained, children under the age of 13 will have access to basic instructive features of the Site such as blogs and other educational content and but cannot create profiles, business pages, or campaigns nor publish anything to the Internet.

HatchPad reserves the right to update the Terms at any time without notice. Changes are effective immediately upon posting. Your continued use of the Site constitutes your acceptance of the revised Terms. By using and accessing our Site, you agree to our Terms and any other policies/legal notices that we post on our Site.

FEES & CREDIT CARD PROCESSING

Business Pages & Content

Becoming a member, creating a business page and reading our content is free to our users.

Crowdfunding

Creating a campaign and a profile is free to users. Once a member collects crowdfunding contributions on crowdfunding.hatchpad.co, HatchPad charges a flat fee of 5% on all payments collected. The 5% fee is deducted from contributions received by the Campaign Owner.

The Website works with WePay in the USA to ensure that all donations go directly to the campaign owner. You must have a SS# and/or EIN and a US bank account in order to create a WePay account.

In addition to HatchPad’s 5% fee, users also agree to WePay’s fees, WePay charges a fee of 2.9% AND $0.30 per transaction.

All fees are deducted from each transaction automatically, so you’re never billed for anything.

HatchPad is not the same company as WePay and their fees, and commissions are subject to change without notice from us.

TAXES

We are not accountants and cannot give you tax advice. Please consult your accountant about tax liabilities associated with crowdfunding. Taxing authorities may classify funds raised on the Services as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. Stripe, in some cases, will ask for the tax identification number (TIN) of Campaign Owners when funds are requested to be withdrawn and any beneficiaries so that they may report taxable income to the relevant taxing authorities.

PUBLIC INFORMATION

There are two types of pages users can create on HatchPad.co:

Business Project Page: A Business Project Page is a page that describes your business. Your business page may be kept private or may be showcased as public at your discretion. Public pages will be available across the Internet. Private pages are visible only to those people you have invited to join your team.

Crowdfunding Page: A Crowdfunding Page is a page used to raise money to support your business project.

As a HatchPad user, the online crowdfunding and business pages you publish will be publicly available on the Internet including search engines like Google, Bing and Yahoo. Once campaigns and projects are approved, there are no private or hidden HatchPad crowdfunding or business pages. Your activity is public. You can hide your business page by clicking on “unpublish my page.” However, once your crowdfunding page is made public and receives funding, you may not hide it or delete it.

We do not publish certain information gathered from your profile. Please ensure you read the terms when creating your profile.

As a contributor to a HatchPad online crowdfunding campaign page, you have the option to publicly display your contribution for all to see, including search engines like Google and Yahoo. To hide your contribution, including your name, comment and Facebook photo from other visitors and search engines alike, simply click the ‘Private’ checkbox during the contribution process.

You are independently responsible for complying with all applicable laws in all of your actions related to your use of HatchPad’s services, regardless of the purpose of the use. Also, you must adhere to the terms of this Acceptable Use Policy.

PROHIBITED CAMPAIGNS & BUSINESS PAGES

Members are not permitted to create a Campaign or Business Page to promote and/or raise funds for illegal activities, to cause harm to people or property, or to scam others. Members shall not make any false or misleading statements in connection with their Campaigns.

HatchPad does not allow campaigns for personal emergencies, medical bills, personal vacations, bucket lists, birthday parties, weddings, or other non-academic, extracurricular or business oriented projects.

PROHIBITED CROWDFUNDING PERKS

Campaign Owners are not permitted to offer or provide any of the following as a Perk:

  • any form of “security”, (as such term is defined in the Securities Act of 1933);
  • any form of financial incentive or participation in any profit-sharing;
  • any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
  • any controlled substance or drug paraphernalia;
  • any weapons, ammunition and related accessories;
  • any form of lottery or gambling;
  • any form of air transportation; or
  • any items promoting hate, discrimination, personal injury, death, damage, or destruction of property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person’s rights if distributed.

DISPUTES BETWEEN CROWDFUNDING CAMPAIGNERS AND CONTRIBUTORS

Campaign Owners are legally bound to perform on any promise and commitment to Contributors (including delivering any Perks). If a Campaign Owner is unable to perform on any promise and commitment to Contributors, the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Contributions by the Campaign Owner. HatchPad is under no obligation to become involved in disputes between Campaign Owners and Contributors, or Users and any third party. In the event of any dispute, such as a Campaign Owner’s alleged failure to comply with the Terms or alleged failure in fulfillment of a Perk, we may provide the Campaign Owner’s contact information to the Contributor so that the two parties may resolve their dispute.

COMMUNITY GUIDELINES

HatchPad is a safe environment in which students can crowdfund and engage and connect with peers and contributors to enhance their academic and future professional lives. HatchPad will not tolerate bullying, verbal abuse, disrespect, meanness, discrimination, profanity, or spam on any level.

Do not:

  • Use profanity including phrases such as “WTF” in your communications, profile, and campaigns. This is not acceptable even if you are not writing the phrase out in full.
  • Discriminate against other campaigners based on gender, sexual orientation, gender identity, disability, ethnic origin, religion, race, or physical appearance.
  • Post images or videos that are inappropriate and are sexually explicit include profane images (e.g., twerking, Miley Cyrus tongue), or show people or animals being harmed and exploited.
  • Spam Campaigners and Contributors with inappropriate promotional offers, sale of goods or other unrelated self-serving information
  • Engage in any activity that disrupts and overloads HatchPad’s website and supporting infrastructure and does not allow the Website to function properly.
  • Do not copy other people’s work including campaigns, ideas or other intellectual property.
  • HatchPad reserves the right to terminate campaigns and user accounts at our discretion if campaign owners and contributors violate the above rules.

TERMINATION AND OTHER LEGAL TERMS

We can terminate this agreement at any time. You can also terminate anytime. Termination is effective immediately.

VIOLATIONS OF ACCEPTABLE USE POLICY

We encourage you to report violations of this Acceptable Use Policy to HatchPad immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email HatchPad’s Compliance Department at info@hatchpad.co.

In this document, the following phrases are defined as:

Website or Service: This website, Hatchpad.co.

Member and User: An individual or entity that registers an account for the service.

Contributor: An individual or entity that contributes to a fund or posts a comment to a fund.

TERMS OVERVIEW

These Terms and Conditions may only be modified by an authorized executive of HatchPad.

These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Hatchpad.co processes payment transactions through 3rd-party payment solutions such as WePay among others. hatchpad.crowdfundhq.com is not a chartered banking entity. All funds that are not part of a fee paid to Hatchpad.co are paid directly to 3rd-party payment solutions.

You will not hold Hatchpad.co liable or responsible for any funds or tax obligations on those funds paid to 3rd-party payment solutions.

Contributors and Campaign Owners agree not to involve Hatchpad.co in any litigation that occurs due to using the website.

HatchPad will not be held liable for any loss or damage due to failure to comply with the terms of this agreement.

DISCLAIMER OF WARRANTIES

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS.

WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY CHARITABLE OFFERS THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH.

WE ARE NOT RESPONSIBLE FOR ANY FAILURES ON THE PART OF OUR THIRD PARTY PAYMENT PROCESSORS.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE, WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Hatchpad.co SERVICE

Hatchpad.co is a service that enables Users to collect money into their own WePay Account (or through their parent’s account if they are under the age of 18) accounts for a specific purpose. Upon becoming a User through the Registration process, or a Contributor through either the Contribution process or comment process, you agree that Hatchpad.co may, in our sole discretion, modify the terms of this Agreement by updating the modified terms to the Hatchpad.co website. By continuing to use the product after registering you are accepting the modified Terms and Conditions of Service.

By using the Hatchpad.co service you agree to the following:

  1. You are at least 13 years of age or, if under 13, have explicit written consent from your parents that we must receive and your parents have agreed to run the campaign and/or business page for you.
  2. If between the ages of 13-18, you have received consent from your parents to use the Service.
  3. If 18 or younger, to collect your crowdfunding funds, your parents have agreed to create a WePay account.
  4. You will comply with all local, state/provincial, regional & national laws in your area of residence.
  5. You are to alert the Hatchpad.co service staff about any unauthorized use of your User or Contributor accounts.

You agree to allow hatchpad.crowdfundhq.com to use anonymous aggregate data to enable Hatchpad.co to offer a better service in the future.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless KidBacker Enterprises, LLC, KidBacker Enterprises, LLC employees, and KidBacker Enterprises, LLC agents from and against any and all claims and expenses, including attorneys’ fees, costs, and disbursements, arising out of your use of the Website, including but not limited to, out of your violation of any representation or warranty contained in these Terms and Conditions. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

HatchPad ACCOUNTS

Hatchpad.co reserves the right to delete User or Contributor accounts at our discretion.

You are fully responsible for any content you post as a User or a Contributor.

You agree that by becoming a User or Contributor that you will not:

  1. Use sexually explicit content, obscenities, copyrighted material, or abusive/hateful language in any area of the site
  2. Use your hatchpad.crowdfundhq.com account for any illegal purposes.
  3. Provide information that is not complete and accurate.
  4. Attempt to bypass or otherwise circumvent the designated method of payment as provided by Hatchpad.co

Hatchpad.co has the right to, though will not be obligated to, in Hatchpad.co’s sole discretion, to remove any content or block any individual or entity for any reason.

Hatchpad.co will have no obligation to provide a refund of any amounts previously paid.

While all content on the site is monitored to ensure a safe and professional environment for students, by visiting Hatchpad.co, you are responsible for protecting yourself from content that is offensive or harmful that may have been posted on the website by another user. If you come across any content that is offensive, please email info@hatchpad.co as soon as possible.

By visiting Hatchpad.co, you are responsible for protecting your equipment (computer, etc.) from any harm resulting from a visit to the website.

CHOICE OF LAW

These Terms and Conditions and our provision of services to you shall be governed by the laws—state, federal, or otherwise—applicable in the State of Florida.

FORUM OF DISPUTE

Any dispute arising from or relating to these Terms and Conditions or our provision of services to you must be resolved in a court of competent jurisdiction in the State of Florida.

If you fail to bring a dispute in compliance with these “Forum of Dispute” provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys’ fees, costs, and disbursements involved in making such a motion.

Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys’ fees, cost, and disbursements.

COMMUNICATIONS

Electronic communications from hatchpad.crowdfundhq.com will be sent to Users to inform them of a variety of events that inform them about the state of their crowdfunding campaign. You agree to allow Hatchpad.co to send these communications to your email address. You also agree that hHatchpad.co is not liable for any user-generated content that is sent to you as a part of these communications.

You agree that you are liable for any communications you send to potential Contributors promoting your crowdfunding campaign. These communications include, but are not limited to, “share” emails sent through the hatchpad.crowdfundhq.com and communications sent outside of the Hatchpad.co system.

SEVERABILITY

In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it.

AMENDMENTS

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.

Created: 05/19/2016