Terms of Service

1. Introduction

Welcome to Pledgr (“Platform”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of the Pledgr website, mobile applications, APIs, and all related services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Pledgr is a crowdfunding platform that enables individuals, organisations, and businesses to create fundraising campaigns (“Drives”) and accept pledges from supporters worldwide. We provide the technology infrastructure and payment processing integrations but do not guarantee the success of any Drive or the fulfilment of any promises made by Drive creators.

2. Eligibility

To use the Services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater.
• Have the legal capacity to enter into a binding agreement.
• Not be a person barred from receiving the Services under the laws of Kenya or any other applicable jurisdiction.
• Provide accurate, current, and complete information during registration and keep your account information up to date.
• Comply with all applicable local, national, and international laws and regulations.

Organisations and businesses may use the Services through an authorised representative who accepts these Terms on behalf of the entity. Such representative warrants that they have the authority to bind the organisation to these Terms.

3. Account Registration

To access certain features of the Services, you must create an account. When registering, you agree to:

• Provide truthful, accurate, and complete registration information.
• Maintain the security and confidentiality of your account credentials.
• Promptly notify Pledgr of any unauthorised use of your account.
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate your account if any information provided during or after registration is found to be inaccurate, misleading, or incomplete. You may not transfer your account to another person or entity without our prior written consent.

4. Drive Creation

Drive creators (“Creators”) may publish fundraising campaigns on the Platform. By creating a Drive, you agree to the following:

4.1 Accuracy of Information

All information provided in your Drive, including descriptions, images, videos, and funding goals, must be truthful and not misleading. You must clearly disclose how funds will be used and provide regular updates to your supporters.

4.2 Funding Models

Pledgr offers two funding models: Flexible Funding, where Creators keep all funds raised regardless of whether the goal is met; and Fixed Goal Funding, where funds are returned to pledgers if the goal is not reached by the deadline. The funding model cannot be changed once a Drive has received its first pledge.

4.3 Creator Obligations

Creators are solely responsible for fulfilling any promises, rewards, or commitments made to pledgers. Pledgr does not guarantee the delivery of any rewards or the completion of any project. Failure to use funds as described may result in account suspension and potential legal action.

5. Pledging

When you make a pledge to a Drive, you are entering into a direct transaction with the Drive Creator. By pledging, you acknowledge and agree that:

• Pledgr is not a party to the agreement between you and the Creator and bears no responsibility for the fulfilment of any promises or rewards.
• For Flexible Funding Drives, your pledge is final and non-refundable once processed, unless required by applicable law.
• For Fixed Goal Drives, your pledge will be refunded in full if the Drive does not reach its funding goal by the deadline.
• You are responsible for reviewing the Drive details and assessing the credibility of the Creator before pledging.
• Pledgr may hold funds temporarily for fraud prevention and compliance purposes before releasing them to the Creator.

6. Fees & Payments

6.1 Platform Fee

Pledgr charges a 5% platform fee on all funds successfully raised through the Platform. This fee is deducted automatically at the time of withdrawal. There are no upfront costs to create or publish a Drive.

6.2 Payment Processing Fees

In addition to the platform fee, standard payment processing fees apply. These fees vary depending on the payment method used:

• M-Pesa: Approximately 1.5% per transaction, subject to Safaricom's prevailing rates.
• Credit/Debit Cards (Visa, Mastercard, Amex): Approximately 2.9% + KES 30 per transaction.
• Cryptocurrency: Network gas fees apply and vary depending on blockchain congestion.

6.3 Withdrawals

Creators may withdraw funds to their M-Pesa account, bank account via EFT, or cryptocurrency wallet. Withdrawal requests are typically processed within 24–48 hours for M-Pesa and 3–5 business days for bank transfers. Pledgr reserves the right to delay withdrawals for fraud investigation or compliance verification.

7. Intellectual Property

The Pledgr name, logo, trademarks, design elements, software, and all related intellectual property are owned by Pledgr and are protected under applicable intellectual property laws. You may not use, reproduce, or distribute any of our intellectual property without our prior written consent.

By uploading content to the Platform (including text, images, videos, and other materials), you grant Pledgr a non-exclusive, worldwide, royalty-free licence to use, display, reproduce, and distribute such content solely in connection with the operation and promotion of the Services. You retain all ownership rights to your content.

8. Prohibited Content

You may not use the Platform to create Drives or post content that:

• Is fraudulent, deceptive, or misleading in any way.
• Promotes violence, terrorism, hate speech, discrimination, or harassment.
• Involves illegal activities, including money laundering, drug trafficking, or the financing of terrorism.
• Infringes on the intellectual property rights, privacy, or other rights of third parties.
• Contains sexually explicit material, child exploitation, or content harmful to minors.
• Promotes the sale of prohibited goods, including weapons, controlled substances, or counterfeit products.
• Violates any applicable local, national, or international law or regulation.

Pledgr reserves the right to remove any content and suspend or terminate any account that violates these prohibitions, without prior notice. We may also report violations to the appropriate law enforcement authorities.

9. Dispute Resolution

9.1 Between Pledgers and Creators

Disputes between pledgers and Creators should be resolved directly between the parties. Pledgr may, at its sole discretion, provide mediation assistance but is not obligated to do so. Pledgr shall not be held liable for any failure by a Creator to deliver on their promises.

9.2 Between Users and Pledgr

Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, either party may submit the dispute to arbitration under the rules of the Nairobi Centre for International Arbitration (NCIA). The seat of arbitration shall be Nairobi, Kenya, and the language of the proceedings shall be English.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Pledgr and its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with:

• Your use of or inability to use the Services.
• Any conduct or content of any third party on the Services, including Drive Creators.
• Any content obtained from the Services.
• Unauthorised access, use, or alteration of your transmissions or content.

In no event shall Pledgr’s total aggregate liability exceed the greater of (a) the total fees paid by you to Pledgr in the twelve (12) months preceding the claim, or (b) one hundred United States Dollars (USD 100).

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in Nairobi, Kenya, and you consent to the personal jurisdiction of such courts.

Notwithstanding the foregoing, Pledgr retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights.

12. Changes to Terms

Pledgr reserves the right to modify these Terms at any time. When we make material changes, we will notify you by posting the updated Terms on the Platform and updating the “Last updated” date at the top of this page. We may also provide additional notice, such as an email notification or an in-app banner.

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Services and close your account.

13. Contact

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