TERMS FOR PARTICIPATING IN PLANTD FUNDRAISING

By participating in Plantd Life, Inc.’s (“Plantd”, “we”, or “our”) fundraiser platform (“Fundraiser”), you agree to be bound by the following terms (“Terms”). These Terms include the provisions set forth below, and Plantd’s Global Terms & Conditions and Privacy Policy available at www.plantd.life. Any terms not defined may be defined in Plantd's Global Terms & Conditions. Should there be any conflicts between these Terms and Plant Global Terms & Conditions, these Terms shall govern.

ELIGIBILITY. In order to participate, you must meet the following requirements:

• 18 years of age or older. Individuals that are under 18 years of age may only create an Organization Member Account under the supervision of a parent and/or legal guardian.
• Legal resident of the United States.
• Approval from Plantd and/or an Organizer (as defined below) to participate in the Fundraiser.

REGISTRATION. In addition to meeting the eligibility requirements, you must create a Fundraiser Member Account to access the Service and participate in the Fundraiser. We may collect information including but not limited to your name, email address, and your Organization’s name. You must provide accurate and complete information. You shall not: (i) use the name of another person or Organization with the intent to impersonate that person or entity (ii) use the name of a person other than you without appropriate authorization. You may never use another person’s Fundraiser Member Account or registration information for the Service without permission. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your current or future use of the Service, as well as possibly subjecting you to criminal and civil liability.

RELATIONSHIP. You are not a service provider, independent contract, vendor, or agent to Plantd. Any payments received in connection with the Service are not intended to be wages, premiums, compensations, royalties, or any other type of financial consideration or commission from Plantd. In addition, you may not represent or act as an agent of or on behalf of Plantd.

FUNDRAISER CAMPAIGN TERMS

FUNDRAISER. Plantd enables eligible Members to access and utilize Plantd’s Fundraiser to create and/or donate to Campaigns (as defined below). Plantd reserves the right to revoke or refuse your access to the Fundraiser at any time for any reason. Before making any decisions regarding fundraising or making Donations (as defined below) on the Service, we strongly encourage you to consult a financial, tax, and/or legal professional. We are not liable for any financial losses, damages, or other real time outcomes as a result of accessing and utilizing the Fundraiser. Plantd is not a financial institution, broker, or charity. All Fundraiser information and content does not constitute as financial or legal advice, and is for informational purposes only.

IN NO EVENT, WILL PLANTD BE RESPONSIBLE FOR YOUR REGULATORY OR COMPLIANCE OBLIGATIONS AS REQUIRED BY LOCAL, STATE AND FEDERAL LAWS, REGULATIONS AND RULES.

CAMPAIGN. Organizers can create a Fundraiser Member Account and then create a specific campaign to raise funds for a cause (the “Campaign”). Plantd does not endorse any Campaign on the Fundraiser platform (unless expressed explicitly) and we make no guarantee that any information or content in the Fundraiser is accurate, up to date, or error free. We cannot guarantee that a Campaign will receive a set amount of Donations, or any Donations at all. If you have any reason to believe that a Campaign is not raising funds as stated in the Campaign profile, please notify Plantd by email: fundraising@plantd.life .

Campaigns with implicit, explicit, or unauthorized content are strictly prohibited. This includes but is not limited to Campaigns that:

• Violate any local, state, or federal regulations;
• Violate the terms of any agreements in which you may be bound to;
• Include misleading, deceptive, dishonest, offensive, graphic and/or fraudulent content;
• Include political contributions;
• Fundraising for debts owed to third parties;
• The promotion of products, services, or content that infringe upon a third-party’s intellectual and/or privacy rights;
• Use the likeness of a minor without the parent or legal guardian’s expressed permission;
• Any other activity that Plants deems to be inappropriate for the Service.

CAMPAIGN TERM. The term of the Campaign will begin upon Organizer and/or Organization Member’s (as defined below) completion of the Campaign profile, or the start date provided in the Campaign information (“Effective Date”). The Campaign will be effective until the end date provided in the Campaign information (“Term”). Once the Campaign Term has ended, Plantd reserves the right to continue to display the Campaign, Campaign profile, and other content in connection with the Campaign, including but not limited to Campaign information, photos, Donations, and text on the Service and/or for marketing purposes. Plantd reserves the right to terminate a Campaign at any time for any reason within its sole discretion, including but not limited to the Campaign violating these Terms, or Plantd’s Global Terms & Conditions. Plantd will provide the Organizer and/or Organization Member a notice via email.

DONATIONS. The Service enables eligible Donors (as defined below) to make financial contributions to Campaigns of their choice (“Donations”). We may use third-party payment platforms including but not limited to Stripe to process credit card, debit card, and financial transactions for Donations. You agree not to make and/or accept any Donations that you know or suspect to be erroneous or fraudulent. In addition, Organizers and/or Organization Members agree to maintain electronic records in connection with their Campaigns, which includes but is not limited to a record of Donations received. Plantd reserves the right to request a copy of your electronic records on behalf of governmental authorities, case investigations, audits, or any other reason within Plantd’s sole discretion. You assume full responsibility for tax reporting requirements in connection with Donations, and hold Plantd harmless from any violations and/or consequences that may arise out of failure to comply with applicable tax reporting requirements.

ORGANIZER. An Organizer is considered an entity that has received approval from Plantd to utilize the Plantd Fundraiser platform to manage and administrate Campaigns (“Organizer”). This includes, but is not limited to, creating and managing Campaigns, Campaign information, and inviting/approving Organization Members to join the Organization’s Campaign to raise funds. As an Organizer you represent and warrant that all information uploaded to the Fundraiser platform is accurate, complete, and not misleading, and that all Donations/payments received from Plantd in connection with the Campaign are used solely as described in the Campaign information. Should Organizers be managing a Campaign where funds will be raised for a third-party, in other words the beneficiary of the funds raised (“Beneficiary”), Organizer warrants that they are authorized to manage the Campaign and raise funds on the Beneficiary’s behalf, and have obtained the necessary permissions to use the Beneficiary’s name and intellectual property, including but not limited to their trademarks/logos. Additionally, it is the Organizer’s sole responsibility to comply with all applicable legal regulations and financial regulations and tax reporting requirements in connection with the Campaign and/or Service.

ORGANIZATION MEMBER. Organization Members are individuals who are authorized and approved by an Organization to create a Campaign profile and raise funds for a specific Campaign managed by the Organization (“Organization Member”). For example, and Organization Member may be an Organizer’s representative or affiliate, a student/ member, or parent/legal guardian. As set forth in the Registration provision above, all information in connection with the Organization Member’s profile must be truthful and accurate. You may not create a Campaign profile using the name and/or information of another person, unless you are the parent or legal guardian of an Organization Member that is under the age of 18.

DONOR. A donor is an individual who makes a financial donation (“Donation”) to a Campaign (“Donor”). Donors understand that all Donations are voluntary and are made within the Donor’s sole discretion. Plantd makes no warranty, cannot guarantee, and shall not be held liable for how your Donations are used by the Campaign’s Organizer. In addition, Donors are solely responsible for any and all tax reporting that may be required in connection with the Donation. Plantd shall be held harmless for failure to comply with any applicable financial and and/or tax regulations, or any losses or damages in connection with your participation in the Service.

LEADERBOARD AND RECENT DONORS. The Service hosts a leaderboard which displays the top Donors (“Leaderboard”). In addition, the Service will track and display recent Donors (“Recent Donors”). Any and all information provided to Plantd and/or submitted to the Service for purposes of making a Donation may be publicly displayed on the Leaderboard and/or Recent Donors board. This includes but is not limited to the Donation amount, the Donor’s name, and the Donor’s profile photo. Before submitting any information, please ensure that you are comfortable with the information being publicly displayed.

SERVICE USE TERMS

FERPA COMPLIANCE. Organizers, Organization Members, and Beneficiaries that use the Service for school-based Campaigns acknowledge and are responsible for compliance with the Family Educational Rights and Privacy Act (FERPA). In addition, you will be responsible for the inclusion of any disclosure requirements that may be required by FERPA. Plantd shall not be liable and held harmless for any school-based Campaigns that are in violation of FERPA.

PAYMENTS. All Donations raised through Campaigns will be shared between the Organizer and Plantd, with the Organizer receiving no less than fifty percent (50%) of the total amount raised. Plantd will never retain more than a 50/50 split of any Campaign’s Donations. The exact allocation for each Campaign will be agreed upon by Plantd and the Organizer in advance. Plantd reserves the right to update the terms at any time for any reason and will provide notice. Continued use of the Service will warrant as Organizer’s acknowledgement and acceptance of the terms.

We use third-party platforms such as Stripe to process payments to Organizers in connection with Donations earned for Campaigns. Organizers are required to provide the requested payout account details, including but not limited to, name on the bank account, account number, routing number, and required tax reporting forms in order for the Donations to be processed. Plantd reserves the right to authenticate and verify Organizer information before any payments are processed.

Payments due to Organizers are normally processed within thirty (30) days following the Campaign Term, however Plantd and any of its third-party payment processors may modify the payment schedule at any time. In addition, you acknowledge and agree that payments may not be made available or processed for immediate use, for a number of reasons, including but not limited to an Organizer’s violation of these Terms. We are not responsible for any processing times of your financial institutions/banking services provider, any processing delays in connection with payments, or any consequence that may arise from a delayed payment.

Should the Organizer have any disputes regarding the Donations earned and/or payment, Organizer must notify Plantd at fundraising@plantd.life within thirty (30) days of the payment being processed. All potential resolutions are set forth in Plantd’s global terms. Without limiting the foregoing, Plantd is not responsible for and will not intervene any disputes between Organizers, Organization Members, and/or Donors in connection with Donations or use of the Service.

Plantd shall be held harmless and/or is not responsible for any tax reporting in connection with Donations earned or payments processed on the Service.

OWNERSHIP. You agree and acknowledge that you are sole owner of all right, title, and interest throughout the world for any content (such as photos, videos, graphics, text, or audio) uploaded to the Service, and all Intellectual Property Rights therein. For the purposes of these Terms, “Intellectual Property Rights” means any and all rights arising in the US or any other jurisdiction throughout the world in and to copyrights, copyrightable works and other works of authorship, moral rights, patents, trademarks, trade secrets, and any and all other intellectual property rights, in each case whether registered or unregistered and including all related rights of priority under international conventions, all pending and future applications and registrations and continuations, divisions, continuations-in-part, reissues, extensions, substitutions, re-examinations and renewals thereof, and all similar or equivalent rights or forms of protection in any part of the world.

LICENSE GRANT. Without limiting the foregoing, you unconditionally and irrevocably grants Plantd a worldwide, fully paid, royalty-free, irrevocable, perpetual license, to reproduce, distribute, modify, create derivative works of, and publicly display any content you upload to the Service. In other words, Plantd may use, display, or modify your Fundraiser Member Account information, and or any content displayed on your Campaign profile for business purposes, including but not limited to, marketing programs, advertising, displays, and audio or visual communications.

To the extent that any pre-existing Intellectual Property or someone’s Name, Image, or Likeness (“NIL”) are incorporated in or necessary or useful for any use or exploitation of any content, yo hereby grants to Plantd a royalty-free, fully paid-up, perpetual, irrevocable, transferable, worldwide, non-exclusive right and license to use, execute, reproduce, publicly perform and display, modify, improve, create derivative works of, distribute, transmit, import, make, have made, sell and offer to sell and otherwise exploit any pre-existing Intellectual Property or NIL, including all such modifications, improvements and derivative works thereof, solely to the extent such pre-existing Intellectual Property or NIL are incorporated in, combined with or otherwise necessary or useful to use or exploit the content for any purposes.

NO INFRINGEMENT. You hereby represents and warrants that: (a) none of the content or Plantd’s receipt or use of any of Content or other exercise of its rights or license under these Terms does or will infringe, misappropriate, dilute or otherwise violate Intellectual Property Rights or other rights of any third-party arising under the Law of the United States; and (b) there are no pending or, to your knowledge, threatened claims, litigation or other proceedings pending against you by any third-party based on an alleged violation of such Intellectual Property Rights or other third-party rights.

INDEMNIFICATION. You agree to indemnify, defend and hold harmless Plantd, its directors, officers, members, agents, brand partners, contractors, and employees from and against any and all losses, damages, actions, judgments, liabilities, or claims, including, without limitation, reasonable attorney's fees and expenses as and when incurred (collectively, “Claims”), resulting from or arising out of your violation of these Terms, or your use or misuse of the Service.

LIMITATION OF LIABILITY. Plantd shall not be liable for any indirect, special, incidental, punitive, consequential, or exemplary damages arising from or relating to your participation in the Fundraiser, regardless of the type of claim or if Plantd was advised of the possibility of such damages, including but not limited to lost profits, loss of revenue or anticipated profits or lost business.

OTHER TERMS AND CONDITIONS. In addition to these Terms, you are subject to Plantd’s Global Terms & Conditions located at www.plantd.life

By participating in the Fundraiser, you accept the terms set forth above, and agree to abide by applicable laws, rules, and regulations. Plantd reserves the right to update these Terms at any given time. Continued participation in the Fundraiser constitutes your acceptance to any updates to these Terms.