Terms of Service

1. Agreement to these terms

These Terms of Service (the "Terms") govern your access to and use of CapyBidder (the "Service"). By creating an account or using the Service, you agree to these Terms. If you use CapyBidder on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

2. Eligibility

The Service is intended for adults. You must be at least 18 years old to create an account, register for a prize, or participate in an auction. The Service is not directed to children, and we do not knowingly allow anyone under 18 to use it.

3. What CapyBidder is (and is not)

CapyBidder provides software that lets nonprofit organizers create fundraising events and prizes and run live, round-by-round auctions, and lets bidders register for prizes and play. CapyBidder is a software platform only. We are not a charity, a broker, an auctioneer, an escrow agent, a payment processor, or a party to any transaction between a bidder and an organizer. Organizers are solely responsible for their events, prizes, donors, pricing, fulfillment, and compliance with all applicable laws.

4. Accounts

You are responsible for the activity that occurs under your account and for keeping your credentials secure. You agree to provide accurate information and to keep it up to date. Notify us promptly of any unauthorized use of your account.

5. How the auction works, and what bidders pay

CapyBidder auctions run in rounds. When a prize you have registered for reaches your turn, you choose to Stay In or Exit. Please read this section carefully, because the cost model is different from a traditional auction:

• Each round you choose to Stay In incurs a fixed fee set by the organizer. That fee is a real charge and is a contribution to the organizer's cause.
• Registering for a prize enters you in the first round, which carries the same per-round fee as every round after it.
• Round fees are non-refundable and are owed for every round you stayed in, whether or not you ultimately win the prize. Only one bidder wins each prize; every other participant still owes the fees for the rounds they played.
• The total a bidder owes for a prize is the sum of the fees for the rounds in which they stayed in. CapyBidder shows each bidder's running total and provides a summary when the auction ends.

6. Payments

During CapyBidder's beta period, CapyBidder does not collect, hold, or process any money. Bidders pay the amounts they owe directly to the organizer (the nonprofit), and organizers are responsible for collecting those amounts, issuing any receipts, and handling refunds, disputes, chargebacks, and taxes. CapyBidder produces invoices and summaries as a convenience only and does not guarantee payment or collection.

After general availability, CapyBidder charges organizers a platform fee of 2% of auction gross receipts; this will be described at the time it takes effect. Any statement about tax-deductibility of a contribution is the organizer's responsibility, not CapyBidder's.

7. Organizer responsibilities

If you run events as an organizer, you represent that you are authorized to raise funds for your cause and that your use of the Service complies with all laws that apply to your event, which may include charitable-solicitation registration and rules governing auctions, raffles, gaming, or sweepstakes. You are responsible for accurately describing prizes, setting fees, delivering prizes to winners, and resolving disputes with your bidders.

8. Acceptable use

You agree not to misuse the Service, including by interfering with its operation, attempting to access it or other users' data in unauthorized ways, disrupting an auction, or using the Service for any unlawful or fraudulent purpose.

9. Intellectual property

The Service, including its software, design, and branding, is owned by CapyBidder and protected by law. These Terms do not grant you any right to our trademarks or branding. Content you submit remains yours, and you grant us a limited license to host and display it as needed to operate the Service.

10. Third-party services

The Service relies on third-party providers for hosting, data storage, authentication, email, and notification delivery. Your use of the Service may be subject to those providers' terms, and we are not responsible for their services.

11. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free.

12. Limitation of liability

To the maximum extent permitted by law, CapyBidder will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of funds, donations, profits, or data, arising from or related to your use of the Service. In particular, CapyBidder is not responsible for amounts owed between bidders and organizers, or for an organizer's failure to deliver a prize or to collect or remit funds.

13. Indemnification

You agree to indemnify and hold CapyBidder harmless from claims, losses, and expenses arising out of your use of the Service, your events, or your violation of these Terms or applicable law.

14. Termination

You may stop using the Service at any time. We may suspend or terminate access to the Service if you violate these Terms or to protect the Service or its users.

15. Changes to these terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the Service or by email. Your continued use of the Service after changes take effect means you accept the updated Terms.

16. Governing law

These Terms are governed by the laws of the jurisdiction in which CapyBidder is established, without regard to its conflict-of-laws rules. Any dispute relating to the Service will be resolved in the courts located in that jurisdiction, unless otherwise required by law.

17. Contact

Questions about these Terms? Email admin@capybidder.com.