1. Introduction and Acceptance of Terms

Welcome to Kindly (the "Platform"), operated by CreateTogether Foundation ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our Platform, including any content, functionality, and services offered on or through kindly.club (the "Site") and any associated mobile applications or services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy (available at /privacy-policy). If you do not agree to these Terms or the Privacy Policy, you must not access or use the Services.

These Terms apply to all users of the Services, including without limitation users who are browsers, vendors, customers, donors, beneficiaries, and/or contributors of content.

2. About the Platform

Kindly is a platform designed to facilitate donations from individuals ('Donors') to charitable causes, individuals, or organizations ('Beneficiaries/Campaigns') listed on the Platform. CreateTogether Foundation manages Kindly.

We are a platform provider. The responsibility for the legality, accuracy, and execution of any fundraising campaign or use of donated funds lies solely with the campaign creators or beneficiary organizations, unless explicitly stated that a campaign is run directly by CreateTogether Foundation.

3. User Eligibility and Accounts

To use certain features of our Services, you may be required to register for an account. You must be at least 18 years old or the age of majority in your jurisdiction to create an account and use the Services. By creating an account, you represent and warrant that all information you provide is accurate, current, and complete, and that you will maintain and promptly update your information to keep it accurate, current, and complete.

You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account by contacting us at kindlytheproject@gmail.com.

4. Donations and Financial Transactions

4.1. Making Donations: Donors can make contributions to campaigns or causes listed on the Platform using the payment methods provided. By making a donation, you represent and warrant that you are authorized to use the payment method provided.

4.2. Payment Processing: We use third-party payment processors (e.g., Razorpay) to handle financial transactions. Your use of these payment processors is subject to their terms and conditions. We are not responsible for the performance of these payment processors.

4.3. Fees: CreateTogether Foundation charges a platform fee of 5% on each donation. This commission covers both payment gateway fees and Kindly funded initiatives. The additional commission beyond payment processing costs is used for funding self-driven initiatives, schools, and standalone projects. We use these funds to take on-ground action, travel to the deepest and farthest regions to help, support and empower communities. This sustainable model helps us build a platform and ecosystem that stays forever, ensuring long-term impact even beyond the lifetime of any individual founder.

4.4. Tax Deductibility: Donations may or may not be tax-deductible. CreateTogether Foundation does not provide tax advice. It is your responsibility to determine the tax deductibility of any donation. If a campaign is run by a registered charity, they may issue a tax receipt. CreateTogether Foundation is not responsible for issuing tax receipts unless explicitly stated for campaigns run directly by us.

4.5. Refunds: Please refer to our Cancellations and Refunds Policy (available at /cancellations-and-refunds) for details. Generally, donations are final and non-refundable.

4.6. Use of Funds: While Kindly provides a platform for donations, CreateTogether Foundation does not typically control how Beneficiaries or campaign organizers use the donated funds. We encourage Donors to research campaigns and Beneficiaries before donating.

5. User Conduct and Responsibilities

You agree not to use the Services to:

• Violate any local, state, national, or international law or regulation.
• Post or transmit any material that is fraudulent, defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• Engage in any activity that could harm or disrupt the Services, servers, or networks connected to the Services.
• [Add other specific prohibited uses relevant to your platform.]

We reserve the right to terminate your access to the Services for violating any of the prohibited uses.

6. Intellectual Property

The Services and their original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of CreateTogether Foundation and its licensors. The Services are protected by copyright, trademark, and other laws of India and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

If you provide any content to the Platform ("User Content"), such as campaign descriptions, comments, or images, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with operating and promoting the Platform.

7. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. CreateTogether Foundation EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY INFORMATION, CAMPAIGN, OR SERVICE PROVIDED THROUGH THE PLATFORM.

CreateTogether Foundation DOES NOT GUARANTEE THAT ANY CAMPAIGN WILL ACHIEVE ITS FUNDRAISING GOALS OR THAT DONATIONS WILL BE USED AS REPRESENTED BY THE CAMPAIGN CREATOR. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INACTIONS OF ANY USER OF THE PLATFORM.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CreateTogether Foundation, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

[Consider adding a cap on direct liability, e.g., "OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO CreateTogether Foundation FOR USE OF THE SERVICES IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED INDIAN RUPEES (INR 100)." This part needs legal review and adjustment to your specific case.]

9. Indemnification

You agree to defend, indemnify, and hold harmless CreateTogether Foundation and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of India, specifically the laws applicable in Navi Mumbai, Maharashtra, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

11. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall first be attempted to be resolved through informal negotiation by contacting us at kindlytheproject@gmail.com. If the dispute cannot be resolved through informal negotiation within thirty (30) days, either party may elect to have the dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be conducted in Navi Mumbai, Maharashtra, India, in English, by a single arbitrator appointed in accordance with the rules of the [Choose an appropriate Indian arbitration body, e.g., Mumbai Centre for International Arbitration (MCIA)]

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. Contact Information

If you have any questions about these Terms, please contact us at:

CreateTogether Foundation

Email: kindlytheproject@gmail.com

Address: Om Sainath Co-Op Hsg Society Ltd, Flat No. 1:3, Building No A-4, Sector 10, Kalamboli, Navi Mumbai, Maharashtra 410218, India.