Terms and Conditions

1. Introduction

Welcome to PoolParty, a fan-driven crowdfunding platform operated by PoolParty Technologies, Inc., located at 10701 Gulf Shore Drive, APT 802, Naples, Florida 34108. These Terms and Conditions ("Terms") form a legally binding agreement between you (the user) and PoolParty. By accessing or using PoolParty's website and services (the "Platform"), you agree to comply with all the terms below. If you do not agree, you must not use the Platform. We may update these Terms from time to time by posting the revised version, and your continued use of PoolParty after updates means you accept the changes.

Key Roles and Definitions:

2. Account Eligibility and Registration

2.1. Age and Identity:

You must be at least 18 years old (or the legal age of majority in your location) to register for a PoolParty account or use our services. During sign up, you will be asked to affirmatively confirm that you are 18+ (or of the age of majority). By creating an account, you represent and warrant that you meet this age requirement and that all information you provide to us is truthful and accurate. We may require you to verify your identity or eligibility at any time (for example, by requesting identification documents) and reserve the right to suspend or terminate accounts that fail to meet these criteria or provide proof upon request.

2.2. Account Types and Roles:

When registering, you will select or be assigned a role based on how you intend to use the Platform: Fan or Player. Fans can pledge to support pools, and Players can accept funds to carry out the proposed initiative if a pool succeeds. You can be both a Fan and a Player (for example, a creator who also supports other projects), but you must create a single account in your real name and you are responsible for maintaining the security of your account credentials.

3. Fan Obligations and Rights

Fans play a crucial role in PoolParty by contributing funds to turn creative ideas and challenges into reality. If you participate as a Fan, you agree to the following:

3.1. Voluntary Contributions:

All pledges you make toward a pool are voluntary and at your sole discretion and risk. There is no guarantee that a pool you support will achieve its goal or that the Player will ultimately deliver the anticipated content or outcome. PoolParty merely provides the platform; we do not endorse or ensure the success of any particular project or idea.

3.2. Authorization of Payment:

When you pledge to a pool, you authorize PoolParty (and our payment processor Stripe) to charge your provided payment method for the amount of your pledge if and when the pool meets its funding and activation criteria before the deadline. In most cases, your card may be pre-authorized or charged at the time of your pledge, but those funds will be held in escrow (via Stripe) until the pool is either successful or fails.

4. Player Obligations and Responsibilities

If you participate as a Player on PoolParty (meaning you may receive funds to carry out a community initiative or creative project), you have significant responsibilities to Fans, to the Platform, and to the law.

4.1. Truthful Profile and KYC:

You must create a truthful profile and successfully complete our Player onboarding and Know Your Customer (KYC) verification process before you can receive any funds. This process will require you to provide accurate personal information, such as your full legal name, date of birth, mailing address, social security number or taxpayer identification (if in the US), and possibly documents to verify your identity.

4.2. Creating or Accepting a Pool:

Depending on how PoolParty operates, a Player might be involved in creating a pool or may be invited to accept a fan-driven pool (for example, Fans might propose a challenge to a Player). In either case, no pool will activate without the Player's consent. As a Player, if you indicate acceptance of a pool, you are making a commitment to carry out the promised idea or activity if the pool meets its funding goal and any other stated criteria.

5. Platform Fees and Financial Terms

5.1. Platform Service Fees:

PoolParty charges a platform fee on funds raised when a pool is successfully activated. The platform fee is a percentage of the total funds raised (typically 10-15% of the pool's total contributions). This fee is only collected if the pool meets its goal and is activated; if the pool fails to fund, no platform fee is collected.

5.2. Transaction Thresholds and Risk Management:

PoolParty applies tiered transaction thresholds and internal controls designed to manage platform risk while accommodating high-value pools:

• Per-transaction threshold: Fan contributions are permitted up to USD $250,000 per transaction by default. Higher individual contribution amounts can be approved case-by-case following enhanced due-diligence review (EDD).
• Aggregate thresholds: A single fan may contribute up to USD $1 million total within any rolling 30-day period. Larger cumulative exposure triggers an internal compliance review.
• Pool thresholds: Each pool has a configurable funding cap that varies by event type and counterparty verification level. For large or institutional-grade pools, caps may exceed USD $10 million, subject to prior approval by the Compliance Officer.
• Creator payout thresholds: Individual payout transfers above USD $500,000 require secondary authorization and confirmation of Stripe Connect verification status.

5.3. Threshold Enforcement:

Thresholds are enforced programmatically within PoolParty's backend prior to payment initiation. Stripe's own transaction-level and account-balance controls apply in addition to our application-level validation. Cumulative thresholds are tracked in our database; attempted transactions exceeding limits are automatically paused pending compliance review. The Compliance team reviews and, where appropriate, adjusts thresholds quarterly based on transaction data, user verification level, and platform risk assessments. All escalations and approvals for over-limit transactions are logged and retained for audit purposes.

5.4. RainCheck Credits (Promotional Credits):

PoolParty may sometimes grant "RainCheck credits" to Fans as a courtesy. These credits might be given, for example, when a pool you supported did not reach its goal and got refunded. RainCheck credits are not money and not gift cards; they are a promotional incentive with no cash value. They can only be used within the PoolParty Platform toward pledges on other pools.

6. Acceptable Use and Content Guidelines

While using PoolParty, you may have the opportunity to create content (for example: pool descriptions, updates, comments, profile info, etc.). We want PoolParty to be a positive and creative community, so these are our ground rules for acceptable use and content:

6.1. Prohibited Activities:

You may not use PoolParty for any unlawful, deceptive, or malicious purpose. This includes but is not limited to:

• Illegal Transactions: No fundraising for illegal activities, organizations, or purposes
• Fraud and Misrepresentation: Do not defraud others. Pools must be honest about their intentions and outcomes
• Hate or Harassment: Absolutely no content that promotes hatred, violence, or harassment against individuals or groups
• Spam and Unauthorized Advertising: Don't use our platform to spam others or advertise unrelated products/services
• Privacy Violations: Do not post personal sensitive information (yours or others') publicly
• Intellectual Property Infringement: Only post content that you have rights to post
• Adult or Graphic Content: PoolParty is generally a platform for all audiences
• Dangerous or Harmful Acts: If your pool involves a stunt or challenge that could reasonably be seen as highly dangerous
• Gambling, Sweepstakes, or Lotteries: No gambling activities, raffles, or lottery-style campaigns
• Drugs, Controlled Substances, or Related Paraphernalia:No campaigns involving illegal substances or drug-related activities
• Weapons, Explosives, or Hazardous Materials:No campaigns involving weapons, explosives, or dangerous materials
• Counterfeit, Fraudulent, or IP-Infringing Goods:No campaigns involving counterfeit or fraudulent products
• Cryptocurrency Mining, ICOs, or Speculative Investment Schemes:No cryptocurrency-related or speculative investment campaigns
• Charitable, Political, Religious, or Personal-Need Fundraising:PoolParty is exclusively for entertainment-related campaigns

6.2. Geographic Restrictions:

PoolParty restricts access and transactions from certain high-risk and sanctioned jurisdictions. Users located in or attempting to transact from the following jurisdictions are prohibited from using the platform:

• Cuba
• Iran
• North Korea
• Syria
• Russia
• Belarus
• Crimea, Donetsk, and Luhansk regions of Ukraine

These restrictions are enforced through platform-level controls and Stripe's sanctions monitoring systems. Attempts to circumvent these restrictions may result in account suspension or termination.

6.3. Campaign Verification and Approval:

All campaigns on PoolParty are curated and pre-approved through partnerships with licensed entertainment organizations, leagues, and talent agencies. Campaigns cannot be self-initiated by the general public. This ensures that only legitimate, entertainment-related initiatives tied to verified talent or businesses are hosted on the platform.

7. PoolParty's Role and Liability

7.1. Platform Provider, Not a Creator:

PoolParty's role is to provide an online platform that facilitates agreements between Fans and Players. We help collect and hold funds (via a third-party payment service) and then release those funds when conditions are met. We are not the ones who create pools or promise outcomes; those promises are made by the Players directly to the Fans.

7.2. No Warranty on Services:

PoolParty (the company) provides the Platform and services "as is" and "as available." We make no warranty that the Platform will be uninterrupted, error-free, or secure. We disclaim any warranties or conditions of title, merchantability, fitness for a particular purpose, and non-infringement.

8. Indemnification

You agree to indemnify and hold harmless PoolParty (PoolParty Technologies, Inc.), its affiliates, and each of its and their respective officers, directors, agents, partners, and employees from and against any and all losses, liabilities, claims, demands, damages, expenses or costs ("Claims"), including reasonable attorneys' fees, arising out of or related to: (a) your use of the Platform or services; (b) your violation of these Terms or of any law or regulation; or (c) your infringement of any intellectual property or other rights of any third party.

9. Dispute Resolution and Governing Law

9.1. Initial Resolution Attempt:

In the event of any dispute, claim, or controversy you have with PoolParty (or vice versa) arising out of or relating to these Terms or the use of the Platform, we strongly encourage you to first contact us at contact@gopoolparty.com and attempt to resolve the issue informally.

9.2. Governing Law:

These Terms and any dispute that might arise between you and PoolParty (PoolParty Technologies, Inc.) will be governed by the laws of the State of Delaware, USA, and applicable U.S. federal law, without regard to its conflict of law provisions.

9.3. Forum Selection:

Any disputes that escalate beyond informal resolution will be exclusively resolved in the state or federal courts located in Delaware. Both you and PoolParty agree to submit to the personal jurisdiction of the courts located within Delaware to resolve any legal matter arising from these Terms or your use of the services.

10. Miscellaneous Provisions

10.1. Entire Agreement:

These Terms, along with our Privacy Policy and any other policies or guidelines posted on our site (which are incorporated by reference), constitute the entire agreement between you and PoolParty regarding the use of our services.

10.2. Contact Information:

If you have any questions about these Terms, or need to reach us for any reason, please contact PoolParty Technologies, Inc. at 10701 Gulf Shore Drive, APT 802, Naples, Florida 34108, USA, or via email at contact@gopoolparty.com.

11. Refunds & Cancellations

11.1. Refunds for Unsuccessful Pools:

If a pool does not meet its funding and activation criteria by the deadline, pledges are not captured (if pre-authorized) or are automatically refunded (if previously captured and held). No platform fee is collected on unsuccessful pools. Refund timing depends on your bank or card issuer and typically takes 5–10 business days after we trigger the release.

11.2. Fan Cancellations Before Activation:

You may cancel your pledge any time before a pool is activated (i.e., before the funding target and any stated conditions are met and before the deadline). Upon cancellation, any pre-authorization will be released or any held funds will be voided/refunded. Once a pool is activated, pledges are final and cannot be canceled.

11.3. Duplicate or Erroneous Charges:

If you believe you were charged in error or charged more than once, contact us at contact@gopoolparty.com. Verified duplicate or erroneous charges will be refunded. Refund processing times vary by payment provider.

11.4. Chargebacks and Disputes:

If you file a chargeback, we will provide our payment processor with relevant records. Accounts associated with fraudulent, abusive, or excessive disputes may be suspended or terminated. Where a chargeback is resolved in our favor, we may re-charge your method of payment or recover associated processor fees as permitted by law.

11.5. Non-Refundable Items:

Platform fees are only collected on activated pools and are generally non-refundable once the pool is activated. Payment processor fees (for example, Stripe processing fees) are not refunded to you when a refund is issued, except where required by law or processor policy. If a pledge is only pre-authorized and never captured, no processor fee is charged. PoolParty is a platform provider and does not guarantee Player performance. Any accommodations (including RainCheck credits) are discretionary and do not constitute an obligation to issue cash refunds.

12. Compliance and Anti-Money Laundering

12.1. Know Your Customer (KYC) Requirements:

PoolParty maintains comprehensive KYC procedures to verify the identity and legitimacy of all users. Players must complete full identity verification before receiving any funds, including providing accurate personal information, identification documents, and business verification where applicable. Fans may be required to provide additional verification for high-value transactions or suspicious activity.

12.2. Anti-Money Laundering (AML) Compliance:

PoolParty operates under strict AML policies and procedures. We monitor all transactions for suspicious activity and maintain comprehensive records of all financial activities. Our Money Laundering Reporting Officer (MLRO) oversees AML compliance and suspicious transaction reporting. We reserve the right to suspend or terminate accounts that exhibit suspicious behavior or fail to comply with AML requirements.

12.3. Sanctions Compliance:

PoolParty maintains strict compliance with international sanctions regulations, including those enforced by OFAC, OFSI, and other sanctions authorities. Our Sanctions Compliance Officer oversees sanctions screening and restricted jurisdiction enforcement. All transactions are screened against relevant sanctions lists in real-time, and we maintain platform-level controls to prevent access from prohibited jurisdictions.

12.4. Transaction Monitoring:

PoolParty employs comprehensive transaction monitoring to detect potentially suspicious activity, including unusual contribution patterns, multiple failed payment attempts, or transactions inconsistent with expected behavior. We leverage both our own monitoring systems and Stripe's fraud prevention tools to maintain platform integrity and compliance.

13. Risk Disclosure

By using PoolParty, you acknowledge and agree to the following risks:

• Voluntary Contributions: Pledges are voluntary and may not result in the expected outcome; this is not an investment and no returns are promised.
• Player Performance: Even after activation, a Player may delay or fail to perform; PoolParty is not responsible for a Player's actions or omissions.
• Payment Processing: Transactions are processed by third parties (e.g., Stripe). Authorization holds, settlement, and refund timing are subject to those providers and your bank/card issuer.
• Regulatory and Tax: PoolParty is not a bank, investment advisor, or money transmitter to you as a consumer beyond facilitating payments via processors. Funds associated with pledges are not deposit accounts and are not FDIC or SIPC insured. You are responsible for any applicable taxes.
• Service Availability: Access to the Platform may be interrupted for maintenance, technical issues, or events beyond our control.
• Compliance Requirements: Users must comply with all applicable laws and regulations, including AML, sanctions, and tax obligations. Failure to comply may result in account suspension or termination.

14. Data Collection and Sharing for Pool Fulfillment

14.1. User Engagement Data:

To operate the Platform and facilitate successful pool campaigns, PoolParty collects and maintains records of user participation and engagement. When you stake funds toward a pool, post comments, or interact with pool content, we collect associated information including your name, email address, contribution amounts, participation type (such as staker, commenter, or voter), engagement timestamps, and any preferences or acknowledgments you provide.

14.2. Sharing with Fulfillment Partners:

Many pools on PoolParty involve partnerships with third parties necessary to deliver the pool's promised outcome. These fulfillment partners may include entertainment venues, ticketing providers, event organizers, leagues, talent organizations, content distribution platforms, or other service providers. When you participate in a pool (especially by staking funds), your participation data may be shared with these fulfillment partners solely to enable delivery of the pool's intended benefits and outcomes.

14.3. Examples of Data Sharing:

The specific fulfillment partners and data sharing practices vary by pool. Examples of how data may be shared include:

• For event or performance pools, sharing supporter information with venues, ticketing systems, or event coordinators to provide priority access, early ticket purchase opportunities, seating upgrades, discounts, or other supporter benefits specified in the pool terms.
• For sports, esports, or league-affiliated pools, sharing data with organizing bodies, teams, or broadcast partners to coordinate viewing access, exclusive content delivery, meet-and-greet opportunities, or other pool-specific perks.
• For creator challenge or content pools, sharing supporter information with the Player (creator), their management team, or production partners to enable fulfillment of commitments, provide project updates, deliver supporter recognition, or distribute promised rewards or content access.
• For pools involving physical goods or experiences, sharing data with fulfillment vendors, shipping providers, or experience coordinators to arrange delivery or access.

14.4. Purpose and Scope Limitation:

Data shared with fulfillment partners is provided solely to enable them to deliver the specific benefits and outcomes associated with the pool you participated in. PoolParty requires these partners, through contractual agreements, to use your information only for the stated fulfillment purposes and to maintain appropriate security measures and confidentiality protections. Fulfillment partners are not authorized to use your data for unrelated purposes or marketing activities without obtaining your separate, explicit consent.

14.5. Pool-Specific Disclosures:

Where a pool involves data sharing with external fulfillment partners, we will disclose this on the pool page and identify the relevant partner or partner category (such as venue operator, league, or content platform). Pool descriptions may also specify what supporter benefits or outcomes require data sharing. By staking in or otherwise engaging with such pools, you acknowledge and consent to the necessary data sharing to deliver the pool's intended outcome and any associated supporter benefits.

14.6. Your Control:

If you do not wish for your data to be shared with fulfillment partners for a particular pool, you should not stake funds toward or otherwise engage with that pool. You can review pool details, including any partner involvement disclosures, before choosing to participate. PoolParty does not sell your personal data to third parties for their commercial or marketing purposes. Data sharing occurs only as reasonably necessary to fulfill the services, benefits, and outcomes you requested by participating in a pool. For additional information about our data practices, please review our Privacy Policy.