Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“School,” “Coach,” “Athlete,” or “User”) and NW Peak Fundraising and Consulting (“NW Peak,” “we,” “us,” or “our”). By creating an account, accepting an invite, or using the NW Peak Fundraising platform in any way, you agree to be bound by these Terms and our Privacy Policy.

If you are agreeing to these Terms on behalf of a school or organization, you represent that you have authority to bind that entity. If you do not agree to these Terms, you may not use the platform.

NW Peak Fundraising is a software-as-a-service (SaaS) platform designed for K–12 athletic programs. The platform enables:

• Schools and coaches to create and manage fundraising campaigns
• Athletes to participate in campaigns, manage donor contact lists, and generate AI-powered fundraising scripts
• Donors to contribute to athlete and team campaigns via Stripe-hosted checkout
• Coaches to view campaign analytics, leaderboards, and AI-generated communications
• Platform administrators to manage school licenses, payouts, and platform-wide settings

The platform is operated by Branden Bailey, owner of NW Peak Fundraising and Consulting, headquartered in Oregon.

Access to the NW Peak platform requires a paid license. Fees are as follows:

License fees are due before the start of the campaign season. Licenses are non-refundable once a campaign has been activated and received donations. NW Peak reserves the right to adjust pricing for future seasons with 30 days’ notice to existing subscribers.

Platform Fee

NW Peak charges a platform fee of 3.5% of each donation amount, deducted before payout. This fee covers platform operations, AI features, security, and support.

Stripe Processing Fee

Stripe charges a payment processing fee (approximately 2.9% + $0.30 per transaction) deducted from each donation before the platform fee is applied. Exact Stripe fees may vary; current rates are available at stripe.com/pricing.

Payout

After a campaign closes, remaining funds — the total donations minus the NW Peak platform fee and Stripe processing fees — are disbursed to the school via Stripe Connect. Typical payout timeline is 2–7 business days after campaign close, subject to Stripe Connect verification status. Schools must complete Stripe Connect onboarding before payouts can be processed.

Access to the platform is role-based. Each user is assigned one of the following roles: Platform Owner, Coach, Athlete. Roles determine what data is accessible and what actions can be performed.

• You are responsible for maintaining the confidentiality of your login credentials.
• You must notify us immediately at bbailey@nwpeakfundraising.org if you suspect unauthorized access to your account.
• Each coach account is tied to one school. Coaches may not access data from other schools.
• Athletes are invited to the platform by coaches and may only participate in campaigns associated with their school.
• Sharing account credentials with others is prohibited.

By licensing the platform, the school (through its authorized administrators and coaches) agrees to:

• Obtain all required parent or guardian consents before inviting minor athletes to the platform, in compliance with FERPA, COPPA, and applicable state law.
• Ensure campaign information (goals, descriptions, athlete data) is accurate and not misleading.
• Use the platform only for legitimate school athletic fundraising — not personal fundraising, political campaigns, or activities unrelated to the school program.
• Ensure athlete email addresses used for invites belong to the actual athlete or their parent/guardian (for athletes under 13).
• Promptly notify NW Peak if a coach or athlete account should be deactivated due to departure from the program.
• Comply with all applicable local, state, and federal laws regarding charitable solicitation and minor participation in fundraising.

Athletes

Athletes who accept an invite and create an account agree to use the platform only in connection with their school’s fundraising campaign. Athletes may add contacts to their personal outreach lists and generate AI fundraising scripts. Athletes are responsible for ensuring they have permission to contact individuals on their list.

Donors

Donors who make contributions through the platform acknowledge that:

• Donations are processed by Stripe and are subject to Stripe's terms of service.
• Donations are generally non-refundable. Refund requests must be directed to NW Peak at bbailey@nwpeakfundraising.org within 7 days of the transaction.
• Donation amounts are publicly displayed in campaign leaderboards if the donor provides their name. Anonymous donations will not display any identifying information.
• NW Peak does not provide tax receipts. Schools are responsible for issuing any applicable tax documentation.

The following conduct is strictly prohibited and may result in immediate account termination:

• Creating fraudulent campaigns or misrepresenting how funds will be used
• Soliciting donations for a purpose other than the stated school athletic program
• Uploading false athlete information or impersonating another person
• Attempting to bypass, disable, or circumvent platform security controls
• Using the AI features to generate content that is deceptive, harassing, or violates any applicable law
• Accessing data belonging to another school, coach, or athlete without authorization
• Using automated bots, scrapers, or scripts to interact with the platform
• Sharing, selling, or transferring your account credentials to any third party

The NW Peak platform, including its software, design, trademarks, and AI-generated output templates, is owned by NW Peak Fundraising and Consulting and protected by applicable intellectual property laws.

Schools and athletes retain ownership of the content they create (campaign descriptions, contact lists, fundraising goals). By using the platform, you grant NW Peak a limited license to store, display, and process your content solely as necessary to provide the service.

AI-generated fundraising scripts and communications produced through the platform are provided for your personal use in connection with your campaign. You are free to use, edit, and distribute them without attribution.

NW Peak may suspend or terminate any account at any time for:

• Violation of these Terms or our Privacy Policy
• Non-payment of license fees
• Fraudulent, deceptive, or abusive conduct
• Failure to maintain required Stripe Connect verification
• Any activity that creates legal or reputational risk for NW Peak or other users

Affected schools will receive notice by email where reasonably practicable. Upon termination, active campaigns will be closed and any donations collected but not yet paid out will be refunded to donors or held in escrow pending resolution, at NW Peak’s discretion.

You may terminate your account at any time by emailing bbailey@nwpeakfundraising.org. License fees paid for the current season are non-refundable upon voluntary termination.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NW PEAK DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

AI-generated content is provided for convenience and may contain errors or inaccuracies. You are responsible for reviewing and editing any AI output before using it in communications.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NW PEAK AND ITS OWNER, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE PLATFORM.

IN NO EVENT SHALL NW PEAK’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS EXCEED THE GREATER OF (A) THE TOTAL LICENSE FEES YOU PAID TO NW PEAK IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability is limited to the maximum extent permitted by law.

These Terms are governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Oregon for the resolution of any dispute arising under these Terms.

Before initiating formal legal proceedings, both parties agree to attempt good-faith resolution through direct negotiation. Either party may initiate this process by sending a written notice describing the dispute to the other party’s email address of record.

For questions about these Terms, billing, account issues, or legal notices: