1. Agreement and eligibility
These Terms of Service are a binding agreement between you and Nakea Consulting, LLC, 1567 29th Ave W, Seattle, WA 98199, the operator of RaiseRace ("RaiseRace," "we," "us," or "our"). By accessing or using RaiseRace, you accept these Terms and the policies incorporated by reference. If you do not agree, do not use the service.
You must be at least 18 years old and legally able to enter a contract. If you use RaiseRace for an organization, you represent that you are authorized to bind that organization. Client nonprofits are also subject to the Client/Nonprofit Agreement and any applicable order form.
2. RaiseRace’s role
RaiseRace is a self-service software-as-a-service provider. It provides campaign, team, contest, reporting, and payment-integration tools. RaiseRace is not a charity, bank, payment processor, broker, fiduciary, professional fundraiser, commercial fundraiser, or fundraising counsel, and it does not provide legal, tax, accounting, or financial advice.
RaiseRace does not create or control a client’s campaign, solicit donors on the client’s behalf, or decide how funds are used. Each client nonprofit creates and controls its campaigns, makes its own solicitations, is responsible for its donor relationships, and receives donations through its own connected Stripe account. Stripe processes payment credentials and payouts. RaiseRace does not hold donor funds or store raw card or bank credentials.
3. Accounts and security
You must provide accurate information, keep account credentials confidential, use multi-factor authentication when required, and promptly notify RaiseRace of suspected unauthorized access. You are responsible for activity under your account unless applicable law provides otherwise.
RaiseRace may require identity, organization, authority, nonprofit-status, payment, or other verification before enabling an account, campaign, contest, or payment feature.
4. Campaigns, donations, and payments
The client nonprofit identified at checkout is the recipient and merchant of record. It is responsible for campaign representations, charitable-solicitation compliance, tax status, donor acknowledgments, use of funds, refunds, and payment disputes. RaiseRace does not guarantee that a donation is tax deductible.
Stripe and other approved providers may impose separate terms, processing fees, reserves, verification requirements, payout schedules, and restrictions. A browser redirect or confirmation screen does not establish payment success; RaiseRace updates receipts, votes, and totals after verified payment confirmation from Stripe.
5. Fees
RaiseRace may collect the platform application fee disclosed before payment or stated in a client order form. Payment-processor fees are separate. Any option for a donor to help cover transaction costs is separately disclosed, optional, and unchecked by default.
Transaction-cost coverage does not increase the charitable gift amount used for campaign totals, contest votes, rankings, or tax acknowledgments. Refunds and chargebacks are governed by the Refund and Cancellation Policy, the client nonprofit’s published terms, Stripe’s rules, and applicable law.
6. Contests
RaiseRace supports skill, performance, trivia, fundraising, and community-voting contests governed by published rules. RaiseRace does not support raffles, sweepstakes, lotteries, random drawings, bingo, chance-based prizes, or any arrangement in which a donation or payment purchases a chance to win.
The client nonprofit is the contest sponsor and is responsible for lawful eligibility, rules, judging, voting, ties, disqualification, prizes, publicity, and required disclosures. Campaign-specific rules apply together with the Official Contest Rules.
7. Content and intellectual property
You retain ownership of content you submit. You grant RaiseRace a non-exclusive, worldwide, royalty-free license to host, reproduce, format, display, and transmit that content as reasonably necessary to provide, secure, support, and promote the campaign or service.
You represent that your content is accurate, lawful, and does not violate intellectual-property, privacy, publicity, confidentiality, or other rights. RaiseRace may remove or restrict content and may respond to valid intellectual-property notices. RaiseRace and its licensors retain all rights in the service, software, branding, and documentation.
8. Acceptable use and enforcement
You must comply with the Acceptable-Use and Prohibited-Campaign Policy. RaiseRace may investigate suspected violations and may reject, restrict, suspend, or terminate content, campaigns, transactions, features, or accounts to comply with law or provider requirements, protect users or the service, address fraud or security risk, or enforce these Terms.
RaiseRace may preserve records, cooperate with payment providers and lawful authorities, and take urgent action without advance notice when reasonably necessary. Where appropriate, RaiseRace will provide notice and an opportunity to appeal through the Contact and Complaint Process.
9. Third-party services
RaiseRace relies on third-party services, including Stripe for payments, Clerk for authentication, and Amazon Web Services for infrastructure. Your use of third-party services may be governed by their terms. RaiseRace is not responsible for third-party products, acts, omissions, availability, or changes outside its reasonable control.
10. Privacy and communications
The Privacy Policy and Cookie Notice explain how information is handled. You consent to electronic notices and transaction communications associated with your use of RaiseRace. Marketing communications are subject to applicable consent and opt-out requirements.
11. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAISERACE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RAISERACE DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. RAISERACE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR SUITABLE FOR EVERY PURPOSE OR JURISDICTION.
RaiseRace does not guarantee fundraising results, donation volume, tax deductibility, campaign accuracy, contest outcomes, Stripe approval, payment authorization, payout timing, or the conduct of a nonprofit, fundraiser, participant, donor, or other user.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAISERACE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATING TO THE SERVICE.
EXCEPT FOR LIABILITY THAT CANNOT LAWFULLY BE LIMITED, RAISERACE’S TOTAL AGGREGATE LIABILITY TO A USER OTHER THAN A CLIENT NONPROFIT WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT THE USER PAID DIRECTLY TO RAISERACE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. LIABILITY BETWEEN RAISERACE AND A CLIENT NONPROFIT IS GOVERNED BY THE CLIENT/NONPROFIT AGREEMENT.
13. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless RaiseRace and its affiliates, officers, employees, and agents from third-party claims, damages, penalties, costs, and reasonable attorneys’ fees arising from your content, campaign or contest activity, misuse of the service, violation of these Terms or applicable law, or infringement of another person’s rights. Client nonprofit indemnification is governed by the Client/Nonprofit Agreement.
14. Disputes and governing law
Before filing a claim, the parties will give written notice describing the dispute and will attempt in good faith to resolve it for 30 days. Either party may seek relief in small-claims court when eligible or seek urgent injunctive relief to protect security, confidentiality, or intellectual-property rights.
These Terms are governed by Washington law, without regard to conflict-of-law principles. Any court proceeding must be brought exclusively in the state or federal courts located in King County, Washington, and each party consents to their jurisdiction and venue. Nothing in these Terms limits non-waivable consumer rights.
15. Changes and general terms
RaiseRace may update these Terms. Material changes will be posted with a new effective date and additional notice when required by law. Continued use after the effective date constitutes acceptance to the extent permitted by law.
These Terms and incorporated policies are the entire agreement governing general use of RaiseRace. If a provision is unenforceable, the remaining provisions remain effective. Failure to enforce a provision is not a waiver. You may not assign these Terms without RaiseRace’s consent; RaiseRace may assign them in connection with a merger, reorganization, financing, or sale of its business or assets.
Questions and legal notices may be sent through the Contact and Complaint Process or to support@nakeadigital.com or +1 888-625-3230.