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Company name: CotizUp Ltd.
Registered office: The Old Station House, 15a Main Street, Blackrock, Dublin - A94 AXT8, Ireland.
The site www.cotizup.com is hosted by Cloudways, whose registered office is at Business Centre, 1st Floor Sqaq Lourdes, St Julians STJ3334, Malta.
CotizUp is a trademark registered with the EUIPO under number 019339195.
Entered into between:
The client, an adult natural person with legal capacity, using the services offered on CotizUp.com, in their own name and/or on behalf of an association, hereinafter referred to as "You" or the "User", on the one hand;
And CotizUp Limited, registered under number 685588 and operating the website accessible at www.cotizup.com (the "CotizUp Site" or "cotizup.com"), on the other hand;
Hereinafter collectively referred to as the "Parties".
These Terms form a contract between CotizUp and the User. They are available at any time on the CotizUp Site. The User may consult, reproduce, store, email, or print them at any time.
This contract must be carefully reviewed by any user wishing to use CotizUp services. At any time, if the user disagrees with this contract, they must immediately stop using the CotizUp Site and Services. To the extent permitted by law, the English version of these Terms of Service is binding and translations into other languages are provided for convenience only; in case of discrepancy, the English version prevails.
Beneficiary: Person designated by the Fundraiser as recipient of the fundraising. The designated Beneficiary may be any natural person or association acting on its own behalf, or the Fundraiser themselves, subject to these Terms.
Fundraising: means a pool of funds initiated and organized by a User (the Fundraiser) to receive Contributions paid by Participants and held by the Issuer before withdrawal.
Participant: means an internet user who has paid a Contribution to a fundraising through the CotizUp Site.
Personal Space: means the virtual space assigned to each CotizUp User upon registration. It is accessible by entering the valid email provided at registration along with a one-time verification code sent by email or SMS.
Credentials: means the valid email entered by the User at registration and the one-time verification code sent by email or SMS, used to access CotizUp services and features.
Invitee: means the Participant invited by the Fundraiser to participate in the fundraising.
Fundraiser: means the User who created the fundraising and invited third parties to join it. By default, unless a bank transfer to a third party is requested, the Fundraiser is deemed the sole beneficiary of collected funds.
Issuer, Payment Service Provider or PSP: means the licensed institution providing payment services, authorized to operate and acting on behalf of the Fundraiser. CotizUp is not a payment processor and does not hold funds. CotizUp uses third-party payment partners to process Contributions within a Fundraising ("PSP"). The PSP manages and controls all financial flows on cotizup.com.
Contribution or Donation: means the cash amount paid by a Participant by card payment through CotizUp's interface. The Participant may be invited to contribute directly by the Fundraiser or indirectly through a fundraising link.
Tip: means the amount that a Participant may decide to pay in addition to their contribution to CotizUp, and which is therefore not transferred to the Fundraiser.
Withdrawal: means the operation by which the amount corresponding to the User's Balance is paid out to beneficiaries designated by the Fundraiser via bank transfer; this operation can be requested only by the Fundraiser.
CotizUp Service(s): means all features accessible from the CotizUp Site.
CotizUp Site: means the website accessible at www.cotizup.com (or other domain names owned by CotizUp), property of CotizUp (trademark registered with INPI).
Balance: means the monetary value available in a User's wallet, i.e., nominal funds contributed by Participants to that User's fundraisings, minus all Withdrawals and all fees, taxes, and commissions applied to transactions.
User: means the Fundraiser registered on the CotizUp Site and using at least one CotizUp Service.
Visitor: means an internet user accessing the CotizUp Site without creating a personal account.
CotizUp provides a payment service allowing Fundraisers (individuals, companies, or nonprofits) to collect money online and pool funds for bank transfer withdrawal in order to finance a group gift, organize an event, or support a cause.
This contract specifies CotizUp's activity, the conditions under which Users agree to use the CotizUp Site and Services, and the contractual relationship between Users and CotizUp, including roles, obligations, and financial terms related to service use.
CotizUp may modify these Terms at any time and will publish amended Terms directly on the CotizUp Site (http://www.cotizup.com/terms). Any modification becomes effective upon publication.
Continued use of the CotizUp Site after publication of a new Terms version constitutes acceptance of that new version.
CotizUp shall not be liable for errors, omissions, interruptions, deletions, defects, operational or transmission delays, theft or destruction, unauthorized access, or altered communications with any User. CotizUp does not guarantee continuous uninterrupted access to all services. Therefore, CotizUp is not liable for delays or inaccessibility making payment execution impossible, or for partial/incorrect execution, where caused by factors outside CotizUp's reasonable control.
CotizUp reserves the right to temporarily suspend access to services for technical or maintenance reasons without compensation.
CotizUp does not guarantee the identity of Users and Participants.
No solicitation: CotizUp only provides technology (SaaS) to connect people collecting funds with donors. The existence of services is not a solicitation of Contributions or Donations by CotizUp. CotizUp does not conduct solicitation activity nor advise on public donation solicitation on behalf of any person, entity, or organization. By using services, you understand and agree that CotizUp is not responsible for use of your Donations or the amount collected for a User or fundraising. CotizUp is neither broker, financial institution, creditor, association, nor crowdfunding intermediary. CotizUp is a third party external to relationships between Users and Participants, and does not intervene in financial relationships, including loans or credit. Consequently, CotizUp cannot be held liable for resulting disputes.
Contributions: All Contributions are made at your own risk. When you donate on the platform, you are responsible for understanding how your money will be used. CotizUp is not responsible for promises made by Users or Fundraisings; such behavior may violate these Terms. We do not verify and are not able to verify all information provided by Users, and we do not represent or guarantee that donations will be used according to fundraising objectives or applicable law, unless expressly indicated on a designated fundraising. Notwithstanding the foregoing, we take potentially fraudulent activities and misuse of raised funds very seriously. If you believe a User or Fundraising is not collecting or using funds for stated purposes, choose "Report fraud" on the contact page to alert our team and we will investigate.
The Fundraiser and Participants are responsible for proper accounting, fund use decisions and uses, offsets and reimbursements, and their relationships with one another.
Upon contribution payment, the Participant grants the Fundraiser a mandate, subject to withdrawal conditions and up to the withdrawn amount, to use all or part of the contribution for purposes agreed between Participants and to request bank transfer.
CotizUp does not guarantee proper use of funds by the Fundraiser. In disputes regarding pooled fund use, Participants must contact the Fundraiser directly. In disputes between at least two Users, they must attempt to resolve issues directly; CotizUp cannot intervene in that relationship.
These Terms, in current or amended versions, remain in force for the entire duration of the User's use of the CotizUp Site and/or Services.
To register, the User must be at least 18 years old and legally competent. By using the CotizUp Site, the User represents and warrants that:
Registration is required to create a fundraising and receive bank transfers. However, registration is not required to contribute to a fundraising.
CotizUp reserves the right to request proof of identity, age, and source of funds; to block an account at its discretion at any time if information is unsatisfactory; and to suspend or cancel any transfer to the User until identity, age, and/or source of funds have been satisfactorily verified.
CotizUp works with various Payment Service Providers to ensure security and management of all financial operations.
By accepting these Terms or continuing to use CotizUp, you consent to payment services provided by our PSP partners and agree to provide CotizUp with accurate and complete information regarding your profile and activities. You also authorize CotizUp to process, use, transfer, or disclose data to these payment processors in accordance with these Terms.
When registering as a User, a Visitor creating an account must provide a valid email address. For each login to Personal Space, a one-time verification code is then sent by email or SMS. The email can be changed in profile settings. These Credentials are required for any login to Personal Space. A credential is unique.
The User is fully responsible for maintaining Credential confidentiality and solely responsible for all account use with those Credentials. The User agrees not to use another User's Personal Space, username, or Credentials, nor disclose Credentials to third parties. The User agrees to immediately notify customer support in case of suspected unauthorized account use or access to Credentials (e.g., loss, theft, or unauthorized disclosure of email or a verification code). The User is solely responsible for all use of their Personal Space.
When registering on the CotizUp Site, the User must provide personal data, especially when wishing to be transfer beneficiary and when amounts require identity verification under anti-money laundering, counter-terrorism financing, and applicable laws.
CotizUp reserves the right to suspend any transfer request initiated by a User who has not satisfied identification procedures, including procedures defined under AML/CFT rules or ad hoc procedures required by CotizUp, especially in cases of suspected fraud or doubts regarding compliance with these Terms.
Until required documents are provided to CotizUp to verify identity, account and payout limitations will apply.
Upon receipt of required documents through service forms or CotizUp teams, and subject to satisfactory review, CotizUp may lift applicable limits.
The Parties expressly agree that CotizUp may request, before contract conclusion and throughout execution, any documents necessary to identify Beneficiary and Participants, verify identity, and understand fundraising purpose.
The Fundraiser must be registered as a User before creating a fundraising. For each creation request, the Fundraiser must provide all required fields in the service registration form. Registration data and certain other information are governed by these Terms.
A fundraising is valid only if it has received multiple Contributions from distinct Participants.
The Fundraiser determines all fundraising elements in strict compliance with applicable law, public policy, and morality. The Fundraiser declares personal knowledge of the Beneficiary.
The Fundraiser undertakes to ensure identity and integrity of chosen Participants. CotizUp cannot be held liable for errors in Participant identity or qualities.
Any inaccurate or misleading information may engage Fundraiser liability toward Participants and Beneficiary. CotizUp, being external to Participant/Beneficiary/Fundraiser relationship, cannot be held liable on this basis.
The Fundraiser receives fundraising creation confirmation by email. CotizUp may, without reasons or compensation, refuse a creation request and may also close a fundraising without providing reasons.
The Fundraiser is solely responsible for fundraising administration and may request payout at any time.
The Fundraiser may at any time modify fundraising settings, including: title, target amount (reduce/increase/disable), invite new participants, modify/disable end date, or close fundraising.
A Participant may be invited by a Fundraiser to make a Contribution to the Fundraiser's fundraising.
Contributions may be paid by bank card in one-time payments. Cash amounts paid by each Participant are collected by the PSP at equivalent nominal value and stored in the Fundraising.
The Fundraiser is informed in account space of every new Contribution.
Upon contribution payment, the Participant mandates the Fundraiser to use all or part of contribution amount exclusively for Beneficiary needs defined at fundraising creation.
If you are a Donor as defined by applicable law, you are not authorized to impose restrictions on the Fundraiser's use of your Contribution. By donating, you agree not to establish a specific use contract with the Fundraiser. Any indications you provide regarding donation use are non-binding recommendations only, and the Fundraiser retains sole discretion regarding use of all Donations.
The site offers Participants, at contribution time, the option to pay a Tip to the site. The Tip appears on the payment page but is not transferred to the Fundraiser.
CotizUp is remunerated based on tips voluntarily paid by Participants in freely chosen amounts. Users must not in any way influence, request, or require Participants to contribute or not contribute to a tip.
Notwithstanding the foregoing, a Participant may request reimbursement of all or part of their Contribution ("Withdrawal") within 14 (fourteen) days after contribution date and before any fundraising use. A Withdrawal request is validly made by email by the Fundraiser through the relevant link. The Fundraiser must indicate the Contribution reference (received by email) to be reimbursed. In case of Withdrawal, the Issuer is immediately informed and amount is updated accordingly.
The Fundraiser is sole decision-maker for participant reimbursement. Any total or partial fund withdrawal by the Fundraiser may make reimbursement by CotizUp impossible. A reimbursement is credited to the same payment method used, within 3 (three) to 7 (seven) business days after withdrawal request. Reimbursement is made after deduction of bank fees of 1.9% + 0.50 per reimbursed transaction, as these fees are not refunded by card processors.
Before any fundraising use, the Fundraiser may notify cancellation of fundraising creation ("Cancellation").
The User may request fundraising cancellation or account termination by informing customer support through the relevant link. Termination becomes effective within a maximum of fifteen (15) days. The User will then no longer access Personal Space nor manage created fundraisings.
In case of cancellation, customer support notifies all affected Participants. Each Contribution is reimbursed to the relevant Participant. Reimbursement is made after deduction of bank fees of 1.9% + 0.50 per reimbursed transaction, as these fees are not refunded by card processors. User may request participant reimbursement within 14 (fourteen) days after first contribution date and before any fundraising use.
Contribution amounts are held proportionally by the PSP until use by the Fundraiser or fundraising Cancellation date.
In accordance with regulations, reimbursements due to Cancellation or Withdrawal are made at nominal Contribution value (including commission where applicable).
CotizUp is not a bank and cannot hold funds indefinitely. Therefore, inactivity fees are charged on fundraisings with positive balance and no activity.
A fundraising is considered inactive after a period of three (3) months with no Withdrawal request.
A fundraising is also considered inactive when the Fundraiser does not respond to CotizUp requests for supporting documents or requested information for more than three (3) months.
For inactive accounts, after 90 days, fees of €9.90 + 8% per month per fundraising are charged against positive balance from date of last Withdrawal request. After 12 months of inactivity, these fees become €9.90 + 30% per month.
In case of new Withdrawal or zero balance, inactivity fees stop.
A fundraising is automatically closed if no new contribution is received during the last thirty (30) days.
The Fundraiser is responsible for fundraising use within mandate granted by Participants when making Contributions.
The Fundraiser may decide to withdraw all or part of fundraising cash balance. A fundraising is valid only if it has at least two (2) Contributions from distinct Participants. Therefore, the Fundraiser cannot withdraw funds based on only one (1) contribution or one participant.
When requesting a Withdrawal, the Fundraiser:
The Withdrawal request becomes irrevocable when User clicks the form validation tab.
Withdrawal and corresponding fund use are carried out under the Fundraiser's exclusive responsibility, and the Fundraiser undertakes to comply with mandate granted by Participants.
Other contract parties cannot be held liable toward Participants for Fundraiser failures or faults under this mandate.
CotizUp processes Withdrawal operation within 2 business days after form validation.
When the Fundraiser requests total or partial withdrawal, termination and management fees may apply under these Terms and are deducted from paid amount. These fees are 1.9% + €0.50 per contribution received as bank fees.
Withdrawal amounts are deducted from fundraising cash amount.
Without limiting other provisions of this contract, the User agrees that CotizUp will not be liable to them or third parties on contractual, tort, civil, or other grounds for losses or damages resulting from, including but not limited to:
any loss arising from site use, including loss of turnover, profits, business interruption, loss of commercial information, or other losses;
any losses or damages directly or indirectly resulting from use of links to websites contained on the site;
any service delays or interruptions, errors in provided information/services (including data entry/transmission), data loss/corruption, communication failures, accidental transmission of viruses or harmful agents, unauthorized or abusive account use, or force majeure.
The User agrees that CotizUp's total aggregate liability, if incurred, regardless of cause or action form, cannot exceed three hundred (300) euros.
CotizUp is not liable for events beyond its control (including natural disasters, power outages, or strikes), or damages resulting from personal data confidentiality errors.
The User guarantees that no element of their CotizUp profile infringes third-party rights or is contrary to law, public policy, or morality.
The User undertakes not to:
Regarding User Content, you represent and warrant that you own all rights, title, and interest in such User Content, or have obtained all necessary rights and consents to fully exploit it (and allow others to do so), including all copyrights, trademarks, publicity rights, and privacy rights. By uploading, sharing, providing, or making available any User Content as part of Services, you grant CotizUp, its affiliates, and users a non-exclusive, worldwide, royalty-free, transferable, fully paid, sublicensable, perpetual, and irrevocable license to copy, display, upload, present, distribute, retain, modify, and otherwise use your User Content for service use, promotion, advertising, or commercialization, in any form, medium, or technology now known or later developed. If User Content contains your name, image, or likeness, you release CotizUp and its contractors/employees from claims related to privacy, publicity, defamation, blurring, distortion, alteration, optical illusion, or other use of your name/photo/likeness. You waive any right to inspect or approve intermediate or final outputs resulting from use of your User Content. If another person appears in your User Content, you represent and warrant that you obtained all licenses, waivers, and releases from that person for CotizUp's benefit consistent with the above. You acknowledge you voluntarily participate in Services and submit User Content and will receive no financial compensation for licenses/waivers/releases granted, with the sole consideration being ability to use Services.
In case of breach, CotizUp reserves right to take any appropriate measure to stop such conduct, including removing content/information deemed inappropriate, suspending/removing identifier, and blocking access to CotizUp Site.
Without prejudice to third-party legal actions, CotizUp may bring legal action in its own name to recover damages personally suffered due to breaches attributable to User under this contract.
It is prohibited to create a fundraising or use the site in any way, directly or indirectly, explicitly or implicitly, related to prohibited activities listed below. CotizUp reserves the right to suspend/remove fundraisers and cancel any fundraising violating Terms of Use, involving prohibited activity, contrary to applicable laws/regulations, likely to infringe public order or morality, AML/CFT requirements, or involving fraud. In case of cancellation, CotizUp will reimburse participants after deduction of bank fees of 1.9% + 0.50 per reimbursed transaction, as these fees are not refunded by card processors. Prohibited activities include those that directly or indirectly are or may be:
These Terms are governed by the laws of Ireland. Any dispute arising from or related to use of our services shall be subject to exclusive jurisdiction of Irish courts.
Last update: September 07, 2023.