General terms and conditions

Introduction

We are FindNFund B.V. (FindNFund, we, us or our). We developed the FindNFund Platform. The FindNFund Platform is an online meeting and collaboration environment that connects social initiatives and charitable organisations (Finders) with professional donors and foundations (Funders). Finders can publish projects on the FindNFund Platform for which they seek funding (Projects). Funders can browse Projects on the Platform and contact Finders. We make it visible to Finders which Funders are active and may be interested in supporting Projects. In addition, we facilitate the full end-to-end process of submitting, reviewing and managing an application through to a funding decision and execution. Each Funder and Finder has an Account on the Platform to manage their role in the application process. For more information, please visit our Website: findnfund.com

Terms and Conditions for users of the FindNFund Platform.

1. Purpose

1.1 These FindNFund Platform Terms (the Terms) apply to all legal relationships between FindNFund and users of the FindNFund Platform (both Finders and Funders) (each a User). By accessing, using, or attempting to use the FindNFund Platform in any capacity, the User accepts these Terms and agrees to be bound by the rights and obligations described herein.

1.2 Users (Finders and Funders) are responsible for complying with all laws and regulations applicable to them, both in the country where the User is established and/or the country from which the User accesses the FindNFund Platform. Each User represents and warrants that their use of the FindNFund Platform is permitted under applicable laws and regulations.

1.3 Additional information, guidelines and FAQs relating to the FindNFund Platform (which may be updated from time to time) will be published on the FindNFund website and/or sent by email to Users with an Account.

1.4 These Terms govern only the relationship between FindNFund and Users and do not regulate any (commercial and/or legal) relationship between Finders and Funders regarding the funding of Projects (the Funding Agreement). FindNFund is not a party to any Funding Agreement or any other agreement between Finders and Funders. FindNFund solely provides and facilitates a platform for Finders and Funders to meet, connect and collaborate in relation to funding Projects, as further described in these Terms.

1.5 Users are solely responsible for all interactions relating to Projects and Funding Agreements with other Users, whether occurring on or off the FindNFund Platform, including any statements, commitments, actions or omissions arising from such interactions.

2. Definitions

2.1 Usage Fees: The usage fees as stated on the FindNFund website. If the Funder and FindNFund have agreed different usage fees, those fees are set out in the contractual arrangements between the Funder and FindNFund.

2.2 Account: The online personal environment of a Finder or Funder on the FindNFund Platform, accessible and manageable by the relevant Users using their login credentials and required authorisations.

2.3 Content: All content and/or information published on the FindNFund Platform by any User, including (without limitation) descriptions of a Finder or Funder, Projects, objectives and contact details.

2.4 User: A Finder or Funder acting through an employee and/or another person authorised to act on behalf of a Finder or Funder (such as a freelancer). Any action by a User on the FindNFund Platform is deemed an action of the Finder or Funder they represent.

2.5 Finder: The legal entity admitted to the FindNFund Platform that seeks funding for Projects and/or other costs or investments.

2.6 FindNFund: FindNFund B.V., a private limited company, having its statutory seat in Amsterdam (address: Oosteinde 13-1, 1017 WT Amsterdam), Chamber of Commerce number 85910929.

2.7 Funder: The legal entity admitted to the FindNFund Platform that seeks Finders and Projects to which funding may be provided.

2.8 Application Process Management: The end-to-end process of submitting, reviewing and executing an application and/or assessment leading to a funding decision. This includes (among other things) submission of the application, provision of Project information, further information exchange between Finder and Funder(s), and workflow support within the Accounts and across the FindNFund Platform.

2.9 Agreement: The agreement between FindNFund and a Finder or Funder regarding the use of the FindNFund Platform as described in these Terms, consisting of these Terms and any additional arrangements between the Finder and/or Funder and FindNFund.

2.10 Trial Period: Funders may register for a free trial period on the FindNFund Platform. The duration of the Trial Period is determined by FindNFund in consultation with the Funder.

2.11 Projects: The "charitable projects" published by Finders on the FindNFund Platform and/or submitted via the FindNFund Platform, with the aim of attracting potential Funders and funding for the project.

2.12 Website: The FindNFund website, accessible via: www.findnfund.com.

2.13 Other capitalised terms may be defined elsewhere in these Terms.

3. Registration and requirements

3.1 To use the FindNFund Platform, a User must register on the FindNFund Platform and accept the Acceptable Use Policy. Registration forms part of the onboarding process.

3.2 During registration, Finders and Funders will provide FindNFund with all information necessary to complete the onboarding process.

3.3 Once onboarding is completed, the Finder and/or Funder will have access to the FindNFund Platform.

3.4 A Finder and/or Funder that has completed onboarding will be marked on the FindNFund Platform with an orange check mark (the Check Mark). The Check Mark indicates to Users and visitors that onboarding has been completed and that FindNFund has verified the information submitted by the Finder and/or Funder.

4. Trial Period

4.1 FindNFund may offer Funders a free Trial Period during which the Funder can try (parts of) the FindNFund Platform. The duration of the Trial Period will be communicated to the Funder. These Terms apply in full during the Trial Period. FindNFund may impose additional conditions for use of the Platform during the Trial Period.

4.2 Before the end of the Trial Period, FindNFund will notify the Funder that the Trial Period is about to end and request the Funder's payment details so the Funder can become a paying Funder. If the Funder does not respond, the Trial Period will end automatically and the Funder's access to the FindNFund Platform (and any related applications) will expire.

5. Responsibilities, representations and warranties

5.1 FindNFund:

a acts solely as the provider of the FindNFund Platform;

b facilitates the Platform as an online meeting and collaboration environment connecting Finders and Funders.

5.2 FindNFund does not provide any guarantee or assurance to Finders and/or Funders regarding:

a FindNFund's ability to (further) develop the FindNFund Platform;

b the accuracy or completeness of any Content published on the Platform by Finders or Funders, or any Platform documentation.

5.3 The Finder is responsible for:

a the completeness and accuracy of the Content published by the Finder on the Platform;

b assessing the suitability of any Funder for a Project;

c the Finder's use of the FindNFund Platform.

5.4 The Finder represents and warrants that:

a all equipment used to access the Platform (such as PCs, laptops, tablets or smartphones) is secure and free from viruses and other harmful software;

b the Finder and all persons acting on its behalf are duly authorised and have the necessary rights to publish Content and enter into agreements;

c all information provided during onboarding and use of the Platform is complete and accurate;

d all Project-related Content is complete, correct and understandable for Funders, enabling them to make an informed decision on whether to fund the Project;

e any changes relating to the Project and/or the Finder for submitted applications are communicated without undue delay via the Platform;

f the Finder will use the Platform only in accordance with these Terms, the Privacy Notice and applicable law; and the Finder will use information on the Platform only for its own Projects and will treat as confidential any knowledge obtained regarding Funders' data on the Platform.

5.4.1 The Finder may use the Platform only for Projects in respect of which it is a legitimate stakeholder. The Finder may not share information from the Platform with third parties, except to the extent necessary for the relevant Project.

5.4.2 The Finder acknowledges and accepts that the FindNFund Platform is continuously being developed and may contain bugs or other defects.

5.5 The Funder is responsible for:

a the completeness and accuracy of Content published by the Funder or its users on the Platform;

b evaluating and assessing the suitability and acceptability of each Project;

c the use of the Platform by its representatives.

5.6 The Funder represents and warrants that:

a it is authorised and has the necessary rights to publish Content on the Platform;

b it is duly incorporated and validly existing under the laws of its jurisdiction and has all necessary corporate power and authority to conduct its activities;

c it will communicate status updates relating to received applications without undue delay via the Platform;

d it will use the Platform only in accordance with these Terms, the applicable Privacy Notice and applicable law; and

e its users are legally authorised to represent the Funder where the Funder enters into a transaction or agreement with a Finder in relation to a Project.

5.7 The Funder:

a takes appropriate measures to ensure that all equipment used to access the Platform is secure and free from viruses and other harmful software;

b acknowledges and accepts that the Platform is continuously being developed and may contain bugs or other malfunctions.

6. Acceptable Use Policy

6.1 The Finder and/or Funder will not use the FindNFund Platform for any purpose prohibited under these Terms or applicable law, but only for the purpose for which FindNFund makes the Platform available. The Finder and/or Funder is responsible for all activities relating to its Accounts and the Platform. Use of the Platform by users of the Finder and/or Funder, including compliance with the Acceptable Use Policy, is the responsibility of the Finder and/or Funder.

6.2 If, in FindNFund's reasonable opinion, a Finder and/or Funder and/or any user acts in breach of these Terms or applicable laws or regulations, FindNFund may at any time block or terminate the relevant Account and/or the relevant Finder and/or Funder and remove related Content.

6.3 If a Finder and/or Funder becomes aware that Content posted on the Platform violates applicable laws or regulations—particularly in the case of manifestly unlawful content (e.g., defamatory or denigrating content, or content that infringes intellectual property rights)—the Finder and/or Funder shall inform FindNFund by submitting a Notice-and-Action request (NTA request) to support@findnfund.com. The NTA request must include all information FindNFund reasonably needs to identify the relevant Content and take further action where appropriate, such as:

a description of the disputed Content and its exact location;
the reasons why the Content should be removed, preferably including the legal and factual grounds;
the name and other available information of the Finder and/or Funder and/or the User who uploaded the Content; and
a good-faith statement that the information and allegations contained in the notice are accurate and complete.

6.4 FindNFund does not control the data and information exchanged between Finders and/or Funders and/or Users on or off the Platform, nor their actions on or outside the Platform. Unless required by law, FindNFund is not liable for such data, information or actions. FindNFund is also not liable for data or information that becomes incomplete or incorrect as a result of transmission or that is exchanged in error.

7. Confidentiality

7.1 Users shall treat as confidential any information provided by FindNFund or other Finders and/or Funders where such information is marked as confidential or where the User knows or should reasonably understand that the information is intended to be confidential. Users shall not use information for purposes other than what is necessary to use the FindNFund Platform. Finders and/or Funders will impose this confidentiality obligation on their employees and any third parties engaged by them.

7.2 These confidentiality obligations remain in effect after the Finder and/or Funder ceases using the Platform for any reason, for as long as FindNFund is entitled to rely on the confidential nature of the information.

8. Usage Fees

8.1 The FindNFund Platform is free for Finders to use.

8.2 In the absence of specific arrangements in an Agreement between FindNFund and a Funder regarding Usage Fees, FindNFund charges Funders Usage Fees calculated as a percentage of the total grants and donations provided by the Funder in the previous calendar year. These fees are charged for a full contract year. For purposes of determining the total grants and donations, the amount stated in the Funder's annual accounts for grants and donations provided in the previous calendar year will be used.

8.3 Funders are invoiced at the start of each contract year. FindNFund may deny the Funder and/or its Users access to the Platform if payment has not been received within thirty (30) days of the invoice date.

8.4 FindNFund reserves the right to amend the calculation method for Usage Fees, for example when new features or functionality are added to the Platform. FindNFund will notify the Finder and/or Funder at least thirty (30) days prior to any price change, including the effective date. If the Funder does not wish to accept the change, the Funder may terminate the Agreement within thirty (30) days after notification, effective as of the date the new prices take effect.

9. Term and termination

9.1 Funders may terminate the Agreement at any time by unsubscribing from the FindNFund Platform or by giving notice to FindNFund, provided that at the time of termination the Funder has no active, ongoing Projects or Project-related obligations. In the event of early termination, the Funder remains liable for the fees due for the full contract period.

10. Availability; disclaimer of warranties

10.1 FindNFund disclaims all implied warranties relating to the Platform. The Platform is provided "as is" and "as available" without warranty of any kind. This means FindNFund does not warrant that the Platform is error-free or uninterrupted. FindNFund also disclaims any implied warranties that the Platform and its use will meet the Finder's and/or Funder's expectations.

10.2 FindNFund does not warrant that the Platform will be updated in a timely manner to reflect changes in relevant laws and regulations.

10.3 FindNFund will use commercially reasonable efforts to make the Platform available as much as possible. However, FindNFund makes no commitments regarding availability, continuity, functionality or usability, other than those expressly stated in these Terms. The Finder and/or Funder acknowledges that the Platform is provided via the internet and mobile networks and that quality and availability may be affected by factors beyond FindNFund's reasonable control.

10.4 FindNFund will use commercially reasonable efforts to improve the Platform, including through updates and bug fixes. Where maintenance or changes may restrict availability, FindNFund will use reasonable efforts to schedule such maintenance during periods of relatively low Platform usage by Finders and/or Funders.

11. Liability

11.1 FindNFund is not liable to the Finder and/or Funder for any damage suffered as a result of or in connection with the Finder's and/or Funder's use of the Platform, unless such damage is caused by FindNFund's wilful misconduct or gross negligence. Without limitation, FindNFund is not liable for:

i. any damage resulting from acts or omissions of Finders and/or Funders;

ii. any damage resulting from the content of information placed on the Platform, any inaccuracies and/or errors relating to the Platform's operation, and Content provided by a Finder in submitted Projects;

iii. any damage resulting from inaccuracies in Finder and/or Funder Accounts and calculations made via those Accounts;

iv. any damage caused where a User acts on incorrect or incomplete Content provided by another User (e.g., where a Finder provides incorrect Project information);

v. any indirect or consequential loss, including (without limitation) loss of profit, loss of savings, loss of goodwill, business interruption and loss of data; and

vi. any damage caused by a Funder or Finder failing to comply with its obligations under these Terms.

11.2 If FindNFund is liable for any reason, FindNFund's total liability to the Finder or Funder shall not exceed the total amount of fees paid by the Finder and/or Funder in the six (6) months prior to the event(s) giving rise to liability.

11.3 FindNFund is not liable for damage arising in the performance of its services in relation to the Platform that results from FindNFund relying on incorrect or incomplete information provided by the Finder or Funder.

11.4 The Funder and/or Finder indemnifies FindNFund against any third-party claim based on the allegation that making Content available infringes any right of that third party.

12. Intellectual Property Rights

12.1 FindNFund (or, where FindNFund uses third-party software, our licensor or supplier) is the exclusive owner of all intellectual property rights in and/or relating to the FindNFund Platform (including underlying source and object code), including (without limitation) patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licences, domain names, know-how, proprietary rights and processes (the IP Rights).

12.2 FindNFund grants the Finder and/or Funder a non-transferable, non-sublicensable, royalty-free and non-exclusive right to use the Platform, provided the Finder and/or Funder complies with these Terms.

12.3 If the Finder and/or Funder fails to comply with these Terms, FindNFund may revoke the right to use the Platform without prior notice or compensation.

12.4 The Finder and the Funder grant FindNFund the right to use their logos and visual materials on the FindNFund website, in reports, on the Platform, on social media, and on other channels. The Finder and Funder also agree that FindNFund may provide such materials to media and press for publications related to FindNFund's activities, including (without limitation) articles, press releases and news items. Upon request, Finders and Funders will provide correct images so they can be accurately published within the Platform, on the website and on other channels.

12.5 The Finder and/or Funder represents and warrants that it is the owner and/or lawful licensee of all IP Rights in the Content and Projects provided to FindNFund and the Platform. The Finder and/or Funder grants FindNFund a transferable, sublicensable, royalty-free and non-exclusive licence to use such information for the purpose of providing the Platform. Nothing in these Terms shall be construed as a transfer or grant of FindNFund's IP Rights to the Finder or Funder, or of the Finder's or Funder's IP Rights to FindNFund or to another Finder or Funder.

13. Data Protection

13.1 FindNFund processes Users' personal data. More information is available in the FindNFund Privacy Notice.

13.2 By using the Platform, Users may also process personal data themselves. The Finder and/or Funder warrants that it will process personal data only in accordance with applicable privacy laws, including the GDPR.

13.3 Users warrant that they will not distribute emails that constitute mass mailings, junk mail or spam, or that are intended for advertising, marketing or other commercial purposes.

13.4 In addition to processing personal data as described in the Privacy Notice, any other data provided or generated during use of the Platform by the Finder and/or Funder may be used by FindNFund for analysis, statistics, benchmarking and security purposes. After termination of the Agreement, FindNFund will retain such data where necessary and applicable in accordance with the statutory retention periods that apply to the relevant data.

14. Miscellaneous

14.1 FindNFund has invested significant time and effort in collecting, verifying and presenting Content on the Platform. Therefore, third parties are not permitted to refer to the Platform using hyperlinks or deep links. It is also not permitted to publish, distribute, duplicate, reproduce, license or commercially make available (parts of) the Content to third parties without FindNFund's prior written consent. Requests for written consent may be submitted to support@findnfund.com.

14.2 FindNFund reserves the right to amend these Terms. Any material changes will be announced via the Platform and (where possible) by sending a notice to the Finder and/or Funder or the relevant Account at least thirty (30) days before the changes take effect. If the Finder and/or Funder does not agree to the material changes, the Finder and/or Funder may terminate its use of the Platform in accordance with section 9. Continued use of the Platform after the effective date constitutes acceptance of the amended Terms.

14.3 If FindNFund does not enforce (parts of) these Terms, this does not constitute consent or a waiver of the right to enforce them at a later time.

14.4 The Finder and/or Funder may not assign or transfer its rights and obligations under the Agreement to third parties. FindNFund may assign and/or transfer all rights and obligations under these Terms to a third party without the Finder's and/or Funder's consent.

14.5 If any provision of these Terms is held to be unlawful, void, voidable or otherwise unenforceable, this shall not affect the validity and enforceability of the remaining provisions. The unlawful, void, voidable or unenforceable provision shall be deemed replaced by a valid and enforceable provision that most closely reflects the purpose and intent of the replaced provision.

15. Governing law and jurisdiction

15.1 These Terms are governed exclusively by Dutch law.

15.2 Any disputes arising out of or in connection with these Terms shall be submitted exclusively to the competent court in Amsterdam, the Netherlands.

FindNFund B.V., trading as FindNFund Oosteinde 13 I 1017WT Amsterdam The Netherlands support@findnfund.com Chamber of Commerce: 85910929