Penyzen Terms of Service

Effective Date: July 4, 2026 Last Updated: July 4, 2026

Acceptance of These Terms
Definitions
Eligibility
Account Registration and Security
Campaigns
Prohibited Content and Campaigns
Donations
Fees and Payment Processing
Donor-Advised Fund (DAF) Donations
Item Pledge Program
Organization and Nonprofit Accounts
Identity Verification (KYC/KYB)
Organizer Payouts
Direct-to-Institution Disbursements
Taxes and Legal Compliance
Refunds
Platform Rights and Enforcement
Intellectual Property
Privacy
Disclaimer of Warranties
Limitation of Liability
Indemnification
Dispute Resolution and Arbitration
Governing Law
Changes to These Terms
General Provisions

1. Acceptance of These Terms

1.1 Agreement. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Penyzen LLC ("Penyzen," "we," "us," or "our"), a Delaware limited liability company, governing your access to and use of the Penyzen website, platform, mobile applications, and related services (collectively, the "Platform"). By creating an account, starting a campaign, making a donation, pledging an item, or otherwise accessing the Platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

1.2 Additional Terms. Certain features of the Platform â€” including Organization and Nonprofit Accounts, the Item Pledge Program, and Direct-to-Institution Disbursements â€” are governed by additional terms presented at the time of enrollment. Those additional terms are incorporated into these Terms by reference. In the event of a conflict, the additional terms govern with respect to the specific feature.

1.3 Dispute Resolution Notice. These Terms contain a binding arbitration provision and a class action waiver in Section 23. Please read those sections carefully. They affect your legal rights.

2. Definitions

"Beneficiary" means the individual, organization, or institution that will directly receive the funds raised through a Campaign, who may or may not be the same person as the Organizer.

"Campaign" means a fundraising initiative created by an Organizer on the Platform.

"Chariot" means Chariot Technologies, Inc., Penyzen's third-party integration partner for processing Donor-Advised Fund grants.

"Connected Account" means a Stripe Express account established by an Organizer through the Platform to receive payouts.

"DAF" means a Donor-Advised Fund as defined under IRC Â§ 4966(d)(2): a fund separately identified by reference to contributions of a donor or donors, owned and controlled by a sponsoring organization described in IRC Â§ 501(c)(3), and with respect to which the donor (or a person appointed by the donor) has or reasonably expects to have advisory privileges.

"Direct-to-Institution Disbursement" means a feature allowing campaign proceeds to be transferred directly to a verified Payee institution (such as a school, hospital, or utility company) on behalf of a Beneficiary.

"Donation" means a voluntary monetary contribution made by a Donor through the Platform in support of a Campaign.

"Donor" means a User who makes a Donation or Item Pledge through the Platform.

"Item Pledge" means a commitment by a Donor to provide a physical item from an Organizer's Item Registry.

"Item Registry" means a list of physical items that an Organizer has designated as acceptable contributions in addition to or instead of monetary donations.

"KYC" means Know Your Customer identity verification.

"Organizer" means a User who creates and manages a Campaign.

"Payee" means a verified institution that receives funds under the Direct-to-Institution Disbursement feature.

"Platform Fee" means a fee charged by Penyzen for the use of the Platform. Penyzen currently charges no Platform Fee.

"Penyzen Contribution" means an optional, donor-elected tip or contribution to Penyzen included at the time of making a Donation.

"Stripe" means Stripe, Inc., Penyzen's third-party payment processor.

"Transaction Fee" means the payment processing fee charged by Stripe for processing each Donation, which is deducted from the Donation amount before disbursement to the Organizer.

3. Eligibility

3.1 Age. You must be at least 18 years of age to create an account, start a Campaign, or make a Donation. If you are between 13 and 17 years of age, you may use the Platform only with verifiable consent of a parent or legal guardian who accepts these Terms on your behalf. The Platform is not intended for children under 13. By using the Platform, you represent and warrant that you meet the applicable age requirement.

3.2 Legal Capacity. You represent and warrant that you have the full legal right, power, and authority to enter into and be bound by these Terms. If you are accepting these Terms on behalf of an entity (such as a corporation, nonprofit, or unincorporated association), you represent that you have authority to bind that entity, and that entity accepts these Terms.

3.3 Geographic Restrictions. The Platform is operated from the United States and is intended primarily for use by US residents. We make no representation that the Platform is appropriate or available for use in other locations. Access from jurisdictions where the content or use of the Platform is illegal is prohibited.

3.4 Sanctions and Prohibited Persons. You represent and warrant that you are not (a) a national or resident of any country subject to a US government embargo or designated as a "terrorist-supporting" country by the US government; (b) listed on any US government list of prohibited or restricted parties, including the OFAC Specially Designated Nationals (SDN) List, the Foreign Sanctions Evaders List, the Sectoral Sanctions Identification List, the EU Consolidated List of Persons, Groups and Entities Subject to EU Financial Sanctions, or the UK Consolidated List of Financial Sanctions Targets; or (c) otherwise subject to sanctions or export control laws that would prohibit your use of the Platform. Penyzen may terminate your account and freeze associated funds at any time upon determining or suspecting that this representation is inaccurate.

3.5 Compliance with Laws. You represent and warrant that your use of the Platform complies with all applicable laws, regulations, and ordinances in your jurisdiction.

4. Account Registration and Security

4.1 Registration. To access most features of the Platform, you must create an account by providing a valid email address, creating a password, and providing such other information as we require from time to time. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4.2 One Account Per Person. You may maintain only one personal account. You may not create multiple accounts, use another person's account, or allow another person to use your account.

4.3 Security. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Penyzen immediately of any unauthorized use of your account or any other breach of security. Penyzen will not be liable for any loss or damage arising from your failure to comply with this section.

4.4 No Account Transfers. Your account is personal to you and may not be sold, transferred, or assigned to any third party without our prior written consent.

5. Campaigns

5.1 Campaign Creation. Organizers may create Campaigns on the Platform to raise funds for themselves, on behalf of other individuals, or on behalf of organizations. By creating a Campaign, you represent and warrant that:

(a) all information you provide about the Campaign, the Beneficiary, and the intended use of funds is truthful, accurate, and not misleading;

(b) you have the right and authority to create the Campaign on behalf of the Beneficiary (if different from yourself);

(d) you will promptly notify Donors and Penyzen of any material changes to the Campaign or its stated purpose;

(e) the Campaign does not violate any applicable law or these Terms.

5.2 Campaign Publication. A Campaign must be published by the Organizer before it becomes publicly visible. Prior to publication, Penyzen may require the Organizer to complete identity verification (KYC), phone verification, or other requirements. Penyzen reserves the right to approve or reject any Campaign in its sole discretion.

5.3 Campaign Duration. Campaigns may be set to run for a defined duration or indefinitely, subject to any limits we impose. Penyzen reserves the right to close any Campaign that has not received a Donation within 90 days of its last donation.

5.4 Organizer Obligations. As an Organizer, you agree to:

(a) deliver funds to the Beneficiary and use them for the stated Campaign purpose;

(b) provide Donors with timely updates on the Campaign's progress and use of funds;

(d) comply with all applicable charitable solicitation laws, nonprofit regulations, and tax laws in connection with your Campaign.

5.5 No Guarantee of Funding. Penyzen does not guarantee that any Campaign will achieve its fundraising goal. The Platform is a fundraising tool only; Penyzen is not a financial institution and does not guarantee the delivery of funds.

5.6 Beneficiary Designation. If the Beneficiary is a person other than the Organizer, the Organizer is solely responsible for ensuring funds reach the Beneficiary and are used for the stated purpose. Penyzen is not liable for an Organizer's failure to deliver funds to a Beneficiary.

5.7 Campaign Modifications. You may modify a published Campaign's title, description, imagery, and goal amount, but you may not retroactively misrepresent the purpose for which Donations were made. Significant changes to Campaign purpose must be disclosed to prior Donors and may require Penyzen's approval.

6. Prohibited Content and Campaigns

6.1 Prohibited Campaigns. You may not create a Campaign that:

(a) involves or promotes illegal activity, including fraud, theft, money laundering, tax evasion, or the violation of any applicable law;

(b) promotes, glorifies, or facilitates violence, terrorism, or hate crimes;

(c) is based on false or misleading information, including misrepresentation of the Organizer's identity, the Beneficiary's identity, or the use of funds;

(d) involves a legal defense fund for a person accused of or convicted of violence, sexual abuse, or exploitation of a minor;

(e) involves gambling, lotteries, sweepstakes, or similar schemes unless expressly authorized by applicable law;

(e) promotes discrimination or hatred on the basis of race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, age, disability, or veteran status;

(f) involves the purchase, sale, or promotion of firearms, ammunition, explosives, or other weapons, or modifications that may render weapons illegal under applicable law;

(g) involves the purchase, sale, or promotion of controlled substances, illegal drugs, or drug paraphernalia;

(h) constitutes a multi-level marketing scheme, pyramid scheme, or similar arrangement;

(i) collects funds for the purpose of paying ransom to individuals or organizations that Penyzen, in its sole discretion, deems to be criminal actors;

(j) violates any third-party intellectual property rights;

(k) is for a purpose or by a person we determine, in our sole discretion, to be inappropriate for the Platform.

6.2 Prohibited Content. You may not post, transmit, or share on the Platform any content that:

(a) is defamatory, obscene, pornographic, or sexually explicit;

(b) contains or promotes child sexual abuse material (CSAM) â€” any such content will be immediately removed and reported to NCMEC and relevant law enforcement;

(d) harvests or collects personal information about other Users without their consent;

(e) impersonates any person or entity, or falsely claims an affiliation with any person or entity.

6.3 Platform's Right to Remove. Penyzen reserves the right, but is not obligated, to monitor Campaigns and content posted on the Platform. We may remove any content or suspend or terminate any Campaign at any time, for any reason, without notice, including if we believe it violates these Terms or is otherwise harmful to Penyzen, Users, or third parties.

7. Donations

7.1 Voluntary Contributions. All Donations are voluntary. Penyzen does not guarantee that funds will be used as represented by the Organizer. You should research any Campaign before donating.

7.2 No Tax Deduction Unless Stated. A Donation to a Campaign on Penyzen is not automatically tax-deductible as a charitable contribution under IRC Â§ 170. Donations are only tax-deductible to the extent the Campaign is operated by or exclusively for the benefit of a verified 501(c)(3) organization and the donation is made to that organization, not to an individual. Penyzen does not provide tax advice. You should consult your own tax adviser.

7.3 Authentication Required. Making a Donation requires a registered Penyzen account with a verified email address. Penyzen may require additional verification at its discretion.

7.4 Anonymous Donations. You may elect to make a Donation anonymously. Anonymous Donations are masked on the public Campaign page, but Penyzen and Stripe retain full records of the transaction for legal and compliance purposes.

7.5 Penyzen Contribution. At the time of making a Donation, you will be given the option to include a voluntary Penyzen Contribution (a "tip") to support the Platform. This contribution is entirely optional. Selecting a Penyzen Contribution does not make the underlying Donation or the Penyzen Contribution tax-deductible.

7.6 Donation Records. Penyzen will provide a confirmation of your Donation by email. We do not issue official tax receipts for Donations unless the Campaign specifically qualifies and we are authorized to do so. Qualified nonprofit Campaigns may provide their own receipts.

8. Fees and Payment Processing

8.1 Platform Fee. Penyzen currently charges no Platform Fee to Organizers. We do not charge to create or maintain a Campaign. This fee structure may change upon 30 days' notice.

8.2 Transaction Fees. All Donations are processed by Stripe. Stripe deducts a Transaction Fee from each Donation before the remaining balance is made available for payout to the Organizer. The applicable Transaction Fee rate is set by Stripe and is disclosed on the Platform's pricing page and during the donation process. As of the date of these Terms, the standard Stripe Transaction Fee for US cards is approximately 2.9% + $0.30 per transaction. Penyzen has no control over Stripe's fee structure and is not responsible for changes to it.

8.3 Penyzen Contribution Fee. If a Donor elects to include a Penyzen Contribution, that amount is collected separately and is subject to the same Stripe Transaction Fee.

8.4 Stripe as Payment Processor. All payment processing on the Platform is performed by Stripe. By donating or receiving payouts through the Platform, you agree to be bound by Stripe's Terms of Service and Privacy Policy, available at stripe.com. Penyzen is not responsible for the acts or omissions of Stripe.

8.5 Currency. All transactions on the Platform are conducted in US Dollars (USD) unless otherwise specified.

8.6 Chargeback and Dispute Liability. Penyzen uses Stripe Connect destination charges to process Donations. Under this model, Penyzen bears primary financial liability for chargebacks, disputes, and reversals initiated by Donors. Organizers agree to indemnify Penyzen for all chargeback amounts, dispute fees, and related costs arising from Donations to their Campaign, as further described in Section 22.

9. Donor-Advised Fund (DAF) Donations

9.1 DAF Donations Available on Select Campaigns. Penyzen supports DAF grant donations through its integration with Chariot on eligible Campaigns. DAF donations are subject to this Section 9 in addition to all other applicable Terms.

9.2 Legal Restriction â€” No DAF Grants to Individual Beneficiaries. Under IRC Â§ 4966(c)(1), a distribution from a DAF directly to a natural person constitutes a categorically taxable distribution, subjecting the DAF's sponsoring organization to a 20% excise tax regardless of the charitable purpose of the grant. Accordingly, DAF donations through the Platform are only available for Campaigns that are operated by, or for the exclusive benefit of, a verified 501(c)(3) public charity. DAF donations cannot be made to Campaigns whose Beneficiary is an individual person, even if the individual has a compelling need.

9.3 No Earmarking. A DAF grant cannot be earmarked to benefit the donor, any family member of the donor, or any specifically designated individual. Penyzen will not process a DAF grant that is conditioned on the grant benefiting a specific natural person.

9.4 Chariot Processing. DAF donations are processed by Chariot on behalf of the applicable DAF sponsoring organization. Once you initiate a DAF grant recommendation through the Platform, legal control over the funds rests with your DAF's sponsoring organization, not with Penyzen or the Organizer. The grant is subject to the policies and approval processes of your sponsoring organization. Penyzen does not guarantee that your sponsoring organization will approve and disburse the grant.

9.5 No Tax Advice. Penyzen does not provide tax advice regarding DAF donations. The tax treatment of DAF grants depends on your individual circumstances and the policies of your sponsoring organization. You should consult your own tax adviser.

9.6 Chariot Terms. By using the DAF donation feature, you also agree to Chariot's applicable terms and privacy policy.

10. Item Pledge Program

10.1 Item Registry. Organizers may create an Item Registry as part of their Campaign, listing physical items that Donors may offer to contribute instead of or in addition to monetary donations. Items on the Registry may include goods, equipment, supplies, or other physical property requested by the Organizer or Beneficiary.

10.2 Item Pledge. By submitting an Item Pledge, a Donor commits to provide a specific physical item from the Organizer's Item Registry. An Item Pledge is a voluntary commitment and is not a monetary transaction. No payment is collected from Donors at the time of an Item Pledge.

10.3 Pledge Lifecycle. An Item Pledge goes through the following states:

OFFERED: The Donor has submitted a pledge offer; the Organizer has not yet accepted it.
ACCEPTED: The Organizer has accepted the pledge. The Donor should expect to ship or deliver the item.
SHIPPED: The Donor has provided tracking information and the item is en route.
FULFILLED: The Organizer has confirmed receipt of the item.
DECLINED: The Organizer has declined the pledge offer.
EXPIRED: The pledge was not accepted by the Organizer within the designated acceptance period (default: 90 days) and has automatically expired.

10.4 Donor Obligations. By submitting an Item Pledge and having it accepted by the Organizer, you agree to ship or deliver the pledged item in the condition described in your pledge, within a reasonable time. You are solely responsible for shipping costs and any applicable taxes, customs, or duties associated with the item.

10.5 Item Condition and Accuracy. You represent and warrant that the item you pledge is accurately described and, unless explicitly stated otherwise, is in usable condition. You may not pledge counterfeit goods, stolen property, illegal items, or items that violate any applicable law or these Terms.

10.6 Pledge Messaging. The Platform provides a messaging thread between Donors and Organizers to coordinate Item Pledges. All communications must remain professional and lawful. Penyzen is not responsible for the content of messages exchanged between Users.

10.7 No Financial Transaction. Item Pledges do not involve the transfer of money through the Platform. Penyzen is not responsible for the delivery, condition, or value of pledged items, and makes no representations regarding the same. Disputes over Item Pledges are between the Donor and the Organizer.

10.8 No Tax Deduction. Donations of physical property are subject to IRS rules regarding non-cash charitable contributions. Penyzen does not assess the fair market value of pledged items and does not issue tax acknowledgments for Item Pledges. You should consult your own tax adviser.

11. Organization and Nonprofit Accounts

11.1 Organization Accounts. Penyzen allows registered entities â€” including nonprofits, for-profit companies, schools, and other organizations â€” to create Organization Accounts. An Organization Account enables the entity to create Campaigns, add multiple team members with defined roles, receive donations into a shared payout account, and access the Integration API.

11.2 Nonprofit Eligibility. To be verified as a nonprofit on the Platform, an organization must be either:

(a) a bona fide nonprofit organization properly organized under the laws of the applicable jurisdiction and in good standing, with active 501(c)(3) status under the Internal Revenue Code; or

(b) an entity that has entered into a valid fiscal sponsorship agreement with a bona fide 501(c)(3) fiscal sponsor that is in good standing.

A nonprofit designation on the Platform is based solely on information provided by the organization and does not constitute a legal determination of nonprofit status by Penyzen.

11.3 Entity Verification (KYB). Organizations seeking nonprofit verification must submit supporting documentation, including as applicable: EIN documentation, IRS determination letter (501(c)(3) recognition), state registration documents, and current articles of incorporation or bylaws. Penyzen reviews submitted documents and may approve or reject verification in its sole discretion. Verification is not permanent; Penyzen may revoke it at any time if documentation is found to be inaccurate or if the organization's status changes.

11.4 OFAC Compliance. Organizations that are named on, or beneficially owned or controlled by persons named on, any OFAC Specially Designated Nationals List, Foreign Sanctions Evaders List, Sectoral Sanctions Identification List, EU Consolidated List, or UK Consolidated Sanctions List are not eligible for an Organization Account. Penyzen reserves the right to suspend any Organization Account, cancel associated Campaigns, and freeze associated funds upon determining or suspecting a sanctions violation, without prior notice.

11.5 Representation of Authority. The individual who creates or manages an Organization Account represents and warrants that they are authorized to act on behalf of the organization and to bind the organization to these Terms.

11.6 Member Roles. Organization Accounts support multiple user roles (Owner, Admin, Member). Account Owners are responsible for managing member access and ensuring that all members comply with these Terms.

12. Identity Verification (KYC/KYB)

12.1 Organizer Identity Verification. Penyzen requires Organizers to complete identity verification (KYC) before publishing a Campaign or receiving payouts. Individual identity verification is performed through Stripe Identity. By completing identity verification, you consent to the collection and processing of your personal information, including government-issued identification, by Stripe pursuant to Stripe's Privacy Policy.

12.2 Stripe Express Connected Accounts. Organizer payouts are made through Stripe Express connected accounts. When you enroll in a Connected Account, Stripe serves as the KYC collection party and is responsible for verifying your identity and banking information through its platform. You must complete all information requested by Stripe as part of this process. Penyzen is not responsible for delays in payout resulting from your failure to complete Stripe's requirements.

12.3 Consequences of Failed Verification. If an Organizer fails to complete identity verification, we may suspend or cancel the Campaign and return donations to Donors at our discretion.

12.4 Organization Entity Verification. Nonprofit and organization entity verification is performed by Penyzen through document review, as described in Section 11.3. Penyzen is not required to provide reasons for denial of verification.

12.5 Right to Re-Verify. Penyzen reserves the right to require re-verification at any time, including upon a change in applicable law, a change in the Organizer's information, or if we have reason to believe that previously submitted information is inaccurate.

13. Organizer Payouts

13.1 Payout Process. Organizers receive proceeds from their Campaigns through their Stripe Express Connected Account. Funds are disbursed by Stripe to the Organizer's designated bank account on a rolling basis, subject to Stripe's payout schedule and any holds described herein.

13.2 Minimum Transfer Requirement. You must initiate a transfer of your Campaign funds to your bank account within 120 days of receiving your first Donation. If you do not transfer funds within this period, Stripe or Penyzen may, in accordance with applicable law and Stripe's policies, refund or escheat any unclaimed funds. Penyzen is not responsible for any funds subject to escheatment.

13.3 Holds on Payouts. Penyzen or Stripe may place a hold on some or all of your Campaign proceeds in the following circumstances:

(a) your identity verification has not been completed or has been rejected;

(b) your Campaign is under review for suspected fraud, misrepresentation, or violation of these Terms;

(d) you owe amounts to Penyzen;

(e) we are required to do so by law, court order, or regulatory authority.

13.4 Payout Currency. Payouts are made in US Dollars.

13.5 Failed Transfers. If a payout transfer fails due to incorrect bank information or other reasons attributable to you, Penyzen is not responsible for the failure and may charge an administrative fee to reprocess the transfer.

14. Direct-to-Institution Disbursements

14.1 Feature Availability. The Direct-to-Institution (DTI) Disbursement feature allows Campaign proceeds to be sent directly to a verified institutional Payee (such as a school, hospital, utility company, or medical provider) on behalf of a Beneficiary. This feature is subject to availability and may not be accessible in all circumstances.

14.2 Compliance Gate. DTI disbursements may constitute money transmission under applicable law. Penyzen has not yet received all regulatory clearances necessary to offer live DTI disbursements. Until such clearances are obtained, DTI campaigns may be created and donations may be collected, but no disbursement to an institution will be made, and donation processing for DTI campaigns may be restricted or suspended. Penyzen will provide notice when DTI disbursements become available.

14.3 Payee Verification. Institutions that receive DTI disbursements must be verified by Penyzen as approved Payees. Penyzen verifies Payees through an internal process that includes confirming the institution's identity, banking information, and applicable licenses. An institution's listing as a Payee does not constitute an endorsement by Penyzen.

14.4 Disbursement Approval Process. All DTI disbursements require operator approval through a multi-step state machine: PENDING â†’ APPROVED â†’ SENT â†’ CONFIRMED. Disbursements are not automated; Penyzen staff review and initiate each disbursement.

14.5 Proof of Delivery. Penyzen requires proof of delivery (such as a receipt or confirmation from the Payee institution) before marking a disbursement as CONFIRMED. Funds will not be released to the Payee until this requirement is satisfied.

14.6 Public Ledger. DTI Campaign disbursements are recorded in a publicly viewable ledger for transparency. By participating in a DTI Campaign (as Organizer, Donor, or Beneficiary), you consent to the publication of disbursement amounts and Payee institution names in this ledger.

15. Taxes and Legal Compliance

15.1 Organizer Tax Obligations. Penyzen does not withhold any amounts from Campaign proceeds for tax purposes. As an Organizer or Beneficiary, you are solely responsible for determining and fulfilling all tax obligations arising from funds you receive through the Platform, including income taxes, sales taxes, gift taxes, and any other applicable taxes. The IRS has indicated that crowdfunding proceeds may be taxable as income depending on the circumstances. Penyzen recommends that you consult a qualified tax adviser.

15.2 Platform Reporting. Penyzen and Stripe may be required by law to report payment information to tax authorities. Stripe may issue Form 1099-K or other tax forms to Organizers who meet applicable thresholds.

15.3 Charitable Solicitation Laws. Many US states and jurisdictions require organizations and individuals that solicit charitable contributions from their residents to register with state regulators before soliciting. As an Organizer, you are solely responsible for determining whether your Campaign constitutes a charitable solicitation and for complying with all applicable registration and reporting requirements. Penyzen's operation of a technology platform does not relieve you of these obligations.

15.4 Donor Tax Deductibility. Most Donations made through the Platform are personal gifts and are not deductible as charitable contributions under IRC Â§ 170. A Donation is only potentially deductible if made for the exclusive benefit of a verified 501(c)(3) organization through a Campaign expressly designated for that purpose. Penyzen does not provide tax advice or issue charitable contribution receipts; qualified nonprofit Campaigns may issue their own receipts.

15.5 Non-US Users. If you use the Platform from outside the United States, you are responsible for compliance with the tax laws of your own jurisdiction. Penyzen makes no representation that the Platform is appropriate for use outside the United States.

16. Refunds

16.1 Default Non-Refundable Policy. All Donations made through the Platform are final and non-refundable. When you donate, you acknowledge that the Campaign outcome is not guaranteed and that you are making a voluntary gift.

16.2 Platform Discretion. Notwithstanding Section 16.1, Penyzen reserves the right, in its sole and exclusive discretion, to issue a refund to a Donor in the following circumstances:

(a) the Campaign was created through fraud or material misrepresentation;

(b) the Campaign has been canceled by the Organizer or by Penyzen;

(d) the Organizer fails to complete identity verification, preventing payouts;

(e) Stripe initiates a chargeback or reversal on a Donor's behalf.

16.3 Penyzen Contribution Refunds. Penyzen Contributions (tips) are generally non-refundable once processed. If a Donation is refunded under Section 16.2, the associated Penyzen Contribution may be refunded at Penyzen's discretion.

16.4 Chargeback Process. If you believe your Donation was made fraudulently or without your authorization, you should contact your bank or card issuer to initiate a chargeback. Penyzen may dispute chargebacks that we believe are not warranted.

16.5 No Refunds on Item Pledges. Because Item Pledges do not involve a payment to Penyzen, they are not subject to monetary refund policies. A Donor who has shipped an item under a pledge may seek resolution directly with the Organizer.

17. Platform Rights and Enforcement

17.1 Platform Monitoring. Penyzen is not obligated to monitor Campaigns, content, or User conduct on the Platform. However, we reserve the right â€” and may be obligated â€” to monitor the Platform and to take action in our sole discretion when content or conduct violates these Terms or applicable law.

17.2 Enforcement Actions. Penyzen may, without prior notice and in its sole discretion:

(a) remove any Campaign or content that violates these Terms;

(b) suspend or terminate a User's account;

(d) place a hold on, freeze, return, or transfer Campaign proceeds;

(e) report information to law enforcement authorities, government agencies, or Stripe where required by law or where we believe a crime or fraud has occurred or is imminent.

17.3 Cooperation with Authorities. Penyzen will cooperate with legitimate requests from law enforcement and government authorities, including providing User information and Campaign records in response to valid legal process.

17.4 No Liability for Enforcement Decisions. Penyzen is not liable for any harm caused to a User by enforcement decisions made in good faith pursuant to this Section.

18. Intellectual Property

18.1 Penyzen Intellectual Property. The Platform and all content, features, and functionality on the Platform â€” including but not limited to the Penyzen name, logo, trademarks, software, text, graphics, images, and design â€” are owned by Penyzen or its licensors and are protected by US and international intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform without Penyzen's prior written consent.

18.2 License to User Content. By posting content on the Platform (including Campaign descriptions, images, videos, updates, and messages), you grant Penyzen a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, display, and distribute such content in connection with operating and promoting the Platform. You represent and warrant that you have all rights necessary to grant this license.

18.3 Feedback. If you provide feedback, suggestions, or other input regarding the Platform, you grant Penyzen the right to use such feedback for any purpose without compensation to you.

18.4 DMCA. If you believe that content on the Platform infringes your copyright, please contact us at legal@penyzen.com with the information required by the Digital Millennium Copyright Act. We will respond to valid DMCA notices in accordance with applicable law.

19. Privacy

19.1 Privacy Policy. Penyzen's collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated herein by reference and available at penyzen.com/privacy.

19.2 Data Sharing. By using the Platform, you acknowledge that Penyzen shares certain personal information with third-party service providers â€” including Stripe, Chariot, and AWS â€” as necessary to provide the Platform's features. You also acknowledge that information you include in a public Campaign may be visible to any visitor of the Platform.

20. Disclaimer of Warranties

20.1 As-Is. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

20.2 No Warranty on Campaign Outcomes. PENYZEN DOES NOT WARRANT THAT ANY CAMPAIGN WILL ACHIEVE ITS FUNDRAISING GOAL OR THAT DONATIONS WILL BE USED BY ORGANIZERS FOR ANY STATED PURPOSE. PENYZEN DOES NOT VET, VERIFY, OR ENDORSE ANY CAMPAIGN, ORGANIZER, OR BENEFICIARY EXCEPT AS EXPRESSLY STATED IN THESE TERMS.

20.3 No Warranty on Availability. PENYZEN DOES NOT WARRANT THAT THE PLATFORM WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE AT ALL TIMES.

20.4 State Law Exception. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

21. Limitation of Liability

21.1 Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PENYZEN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM, EVEN IF PENYZEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

21.2 Aggregate Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PENYZEN'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF TRANSACTION FEES ASSOCIATED WITH YOUR ACCOUNT IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

21.3 Essential Basis. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PENYZEN. PENYZEN WOULD NOT PROVIDE THE PLATFORM WITHOUT THESE LIMITATIONS.

21.4 State Law Exception. Some jurisdictions do not allow the limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you.

22. Indemnification

22.1 By Users. You agree to defend, indemnify, and hold harmless Penyzen and its officers, directors, employees, affiliates, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

(a) your use of the Platform;

(b) your Campaign, including any Donation received and the use of funds raised;

(d) your breach of these Terms;

(e) your violation of any applicable law or regulation;

(f) any claim by a Donor or Beneficiary arising out of or related to your Campaign;

(g) any chargeback, dispute, reversal, or payment processing claim related to your Campaign, including amounts Penyzen pays to Stripe as a result of chargebacks under the Stripe Connect destination charge model;

(h) your breach of any representation or warranty in these Terms.

22.2 Penyzen's Right to Control. Penyzen reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with Penyzen's defense of any such matter.

23. Dispute Resolution and Arbitration

23.1 Informal Resolution First. Before initiating formal proceedings, the parties agree to attempt to resolve any dispute informally by contacting Penyzen at legal@penyzen.com. We will attempt to resolve the dispute within 30 days of receiving notice.

23.2 Binding Arbitration. If a dispute cannot be resolved informally, you and Penyzen agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Platform, or the relationship between you and Penyzen â€” including disputes relating to the scope or applicability of this arbitration provision â€” shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or, if the claim is a consumer dispute and such rules apply, the Consumer Arbitration Rules), except as set forth in Section 23.5.

23.3 Arbitration Procedure. Arbitration shall be conducted by a single arbitrator. If the amount in dispute is $25,000 or less, arbitration may be conducted via written submissions only (without a hearing), unless the arbitrator determines a hearing is necessary. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

23.4 Location. If an in-person hearing is required, it shall take place in Wilmington, Delaware, unless you and Penyzen agree otherwise or the AAA rules require a different location for consumer disputes.

23.5 Exceptions. Notwithstanding Section 23.2:

(a) either party may bring an individual action in small claims court if the dispute qualifies;

(b) either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm, including infringement of intellectual property rights; such emergency relief shall not be deemed a waiver of the obligation to arbitrate.

23.6 Class Action Waiver. YOU AND PENYZEN EACH AGREE THAT DISPUTES SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. If a court or arbitrator determines that this class action waiver is not enforceable as to a particular claim or category of claims, the parties agree that such claim or category shall be severed from arbitration and may be brought in court, but all other claims shall remain subject to arbitration.

23.7 Jury Trial Waiver. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND PENYZEN EACH WAIVE ANY RIGHT TO A JURY TRIAL.

23.8 Opt-Out Right. If you are a new User, you may opt out of the arbitration agreement in this Section 23 within 30 days of the date you first accepted these Terms by sending written notice to legal@penyzen.com with your name, account email, and a statement that you are opting out. Opting out of arbitration will not affect any other provision of these Terms.

23.9 Severability. If any portion of this Section 23 â€” other than the class action waiver â€” is found to be unenforceable, the remaining portions shall remain in effect and the parties shall arbitrate the dispute individually. If the class action waiver is found to be unenforceable as to any claim, that claim shall be litigated in court.

24. Governing Law

24.1 Delaware Law. These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles.

24.2 Exclusions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Terms.

24.3 Jurisdiction for Non-Arbitrated Claims. For claims that are excluded from arbitration under Section 23.5, or if the arbitration agreement is found to be unenforceable, you consent to the exclusive jurisdiction of the federal and state courts located in the State of Delaware.

25. Changes to These Terms

25.1 Right to Modify. Penyzen reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date at the top. For material changes, we will provide at least 30 days' notice via email to your registered email address before the changes take effect.

25.2 Continued Use. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue your use of the Platform.

26. General Provisions

26.1 Entire Agreement. These Terms, together with the Privacy Policy and any additional terms presented for specific features, constitute the entire agreement between you and Penyzen with respect to the Platform and supersede all prior and contemporaneous agreements, representations, and understandings.

26.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

26.3 No Waiver. Penyzen's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision unless acknowledged and agreed to by Penyzen in writing.

26.4 No Third-Party Beneficiaries. Except as otherwise expressly provided, these Terms are for the sole benefit of you and Penyzen and do not create any third-party beneficiary rights.

26.5 Assignment. You may not assign or transfer your rights or obligations under these Terms without Penyzen's prior written consent. Penyzen may assign its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

26.6 Force Majeure. Penyzen shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including acts of God, war, terrorism, civil unrest, government action, labor disputes, natural disasters, pandemics, or failures of third-party services (including Stripe and AWS).

26.7 Electronic Communications. By using the Platform, you consent to receive communications from Penyzen electronically. Penyzen will communicate with you by email and by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that Penyzen provides electronically satisfy any legal requirement that such communications be in writing.

26.8 Contact Information. If you have questions about these Terms, please contact us at:

Penyzen LLC
8 The Green, Ste A
Dover, DE 19901 Email: legal@penyzen.com

These Terms of Service were last updated on July 4, 2026. By using Penyzen, you agree to the Terms in effect at the time of your use.