Last updated: February 25, 2026
These Terms of Service ("Terms"), which we may update from time to time, apply to the WHEN Justice ("WHEN") platform, including our website whenjustice.org, mobile apps, and any new features we might add (collectively the "Platform"). These Terms are important because they help define our relationship with you as you use the Platform. "WHEN Justice," "WHEN," "we," "us," "our," and other similar terms shall refer to the party you are contracting with.
By accessing or using any of the Services or the Platform you are agreeing to these Terms and our Website Privacy Policy. This means you understand and accept all the rules about using our Services. Whether you are contributing to a Campaign as a Donor, starting a Campaign, withdrawing funds as a Campaign Organizer, or otherwise interacting with the Services, these terms apply to you.
If you are a Campaign Organizer, your use of the Platform is also subject to any applicable Campaign Agreement, Grant Agreement, or other written agreement entered into with WHEN. Such agreements supplement these Terms with respect to campaign participation and funding.
In the event of any conflict, the following order of precedence applies: (1) applicable Grant Agreement, with respect to grant-specific matters; (2) applicable Campaign Agreement, with respect to campaign participation; and (3) these Terms, with respect to general Platform use; (4) incorporated policies, unless otherwise expressly stated.
If you are using WHEN's Platform, you need to know about our arbitration agreement. By using our Services, you are agreeing that if there is a disagreement or legal issue between you and WHEN, it will be resolved through binding arbitration, not in court. You also waive your right to be part of a class action lawsuit or to have a jury trial. Please make sure to read the "Dispute Resolution and Arbitration" section of these Terms, below, for more details.
These are the key words, terms, and/or definitions that you need to know that will be referenced through these Terms:
A unique account created by a user to access and utilize WHEN's Services, which includes personal information, credentials, and activity logs.
Any entity that directly or indirectly controls, is controlled by, or is under common control with WHEN. This includes subsidiaries and any other related entities.
Third parties that deploy, provide, or support artificial intelligence ("AI") tools, systems, models, or infrastructure used by WHEN to enable AI-related features or functionality in connection with the Services, including but not limited to tools used to generate text, images, videos, or other User Content.
The individual, group, or entity who initiates a Campaign on the Platform, is the beneficiary of the corresponding Campaign and the intended recipient of the funds raised.
A campaign initiated on the Services with the goal of raising funds for a specific purpose for a Campaign Organizer.
Any individual or entity that contributes funds to a Campaign on or through the Services.
A non-profit organization that is established for charitable purposes under applicable laws and is eligible to receive donations through the Platform.
The entire suite of online Services provided by WHEN and its Affiliates, including our website and any related software, applications, services, or technologies.
A fee charged by WHEN or its payment processors for processing donations.
A feature that allows Users to track their activity on WHEN – including Campaigns they have created, donated to, or followed – to learn about activity on WHEN, or spotlight specific causes or organizations they care about most.
All features, functionalities, and tools provided by WHEN and its Affiliates through its Platform, enabling Users to create and manage Campaigns, create Profiles, and donate to Campaigns and WHEN.
All content and materials provided by WHEN on the Services, including text, graphics, logos, images, and software, excluding User Content.
The proprietary software and applications, including cookies and similar technologies, provided and owned by WHEN that enable users to access and use the Services.
An account created by a Campaign Organizer on a separate Website which may allow the Organizer to manage fundraising or donation activity. Supporter Accounts are distinct from WHEN Platform Accounts.
Any websites, Third Party Services, content, software, applications, cookies and similar technologies, or other products or resources provided by entities other than WHEN of its Affiliates, which may be accessible through the Services.
The process of moving funds raised through the Services at the direction of the Campaign Organizer to the Campaign Organizer's bank account.
Any individual or entity that accesses, registers for, or uses the Platform, including Campaign Organizers, Members, and Donors.
The behaviors and actions of Users while using or otherwise accessing the Services.
Any content, activity, or information including your name, text, images, videos, documents, and other materials that a User uploads, submits, or otherwise makes available on or through the Services including in connection with any Campaign or Profile, regardless of whether such content is generated using artificial intelligence.
We offer a Platform for entities or non-profits to create Campaigns to collect monetary donations from Donors. We also provide a Profiles feature that allows Users to monitor their fundraising and donation activities or follow causes they support.
Our Services are a tool for submitting, launching and running Campaigns and helping Organizers connect with Donors. We are not a bank, payment processor, broker, or financial advisor. All information provided through our Services is for your general knowledge and is not meant to be professional advice. If you need specific advice, especially regarding financial, legal, or tax issues, you should consult with a professional. We cannot guarantee the success of a Campaign. As a Donor, it is up to you to decide if a cause is worth contributing to.
We can change, pause, or stop all or some of the Services at any time and for any reason. We will try to avoid any problems this might cause you or others, but sometimes we might not be able to give you advance notice, especially if it is an emergency or required by law. We are not responsible for and expressly disclaim all liability for any issues or alleged damages that these changes might cause. Additionally, to enhance and personalize your experience, we may conduct tests, including A/B testing, which involve displaying different versions of our Services to our users to evaluate and improve our Services and our performance.
When you search or browse on our Platform, results may be ranked based on factors such as your location, contacts you may have shared with us, the Campaign's category, or a cause if we infer if it interests you, proximity to its fundraising goal, and how recently it has received donations. These parameters help us personalize your experience and make it easier to find Campaigns you may care about. You can use filters to influence how Campaigns are shown to you.
When you sign up to use certain Services, you must provide information that is correct and complete about yourself and your entity. This may include your name as it appears on your government-issued identification, address, phone number, occupation, date of birth, and any photos, documents, or videos that you may provide, if you are a Campaign Organizer or adding information to your Profile. It is important to always keep this information up to date to ensure everything runs smoothly. Our Privacy Policy and these Terms of Service govern the registration data and any other information you provide.
You might also need to register with third party payment processors we work with, which may involve agreeing to their terms (provided under the Payment Processor section below). If, at any point, we or our payment processors discover that the information you provided to us is inaccurate, violates our Terms of Service or terms of service of our payment processors, or if you misuse the funds, we may immediately suspend or terminate your access to all or some of our Services. You could also face criminal charges by relevant governmental authorities.
If you are under the age of eighteen (18), you are prohibited from using our Platform or Services. By using our Platform or our Services, you represent and warrant that you are over the age of eighteen (18) and you accept and agree to be bound and abide by these Terms.
You are responsible for keeping your password and account information confidential. Do not share your password with anyone. If you think someone else has used your Account or Supporter Account without your permission, you should tell us right away. Also, always remember to log out of your Account or Supporter Account when you are done using it, especially if you are on a computer that others can use too. If you don't keep your account and/or Supporter Account safe and comply with these Terms of Service, WHEN will not be responsible for any losses that you may incur.
The Site and all Services are available via a mobile device, including the ability to: (i) submit a Campaign application; (ii) browse the Platform; (iii) log into your Profile; and (iv) donate to a Campaign – collectively referred to as Mobile Services. To the extent you access our site or use our Services via a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you about matters related to your Account or security by electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
WHEN itself does not hold any funds raised on our Platform, nor does it handle the actual processing of payments. Instead, we use third party payment processors to manage and process all donations to Campaigns.
Pay-It-Forward Grants: Donations and any recovered funds flow through WHEN and are processed by WHEN's designated payment processor. Disbursements to Campaign Organizers are made in accordance with the applicable Grant Agreement, which governs timing, permitted use of funds, reporting, and any recovery or return obligations.
Direct Support: Donations flow directly to the Campaign Organizer's designated payment processor account (e.g., Stripe). Campaign Organizers are responsible for onboarding, account verification, compliance, and account management. WHEN facilitates the campaign and applies platform fees, but does not control or hold these funds.
To Transfer funds from a Campaign, you must provide your bank account details to our payment processor partners. Any fees or deductions taken by the Platform are clearly disclosed to donors in receipts and other donor-facing communications.
By making a Donation, setting up a Campaign, or accepting the role of Campaign Organizer, you agree to the processing, use, Transfer, or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by the applicable Payment Processors.
As a Campaign Organizer, you represent and warrant that you are authorized to act on behalf of the organization named in your Campaign, and that your actions on the Platform are legally binding on the organization. You agree to provide documentation of such authority upon request. Furthermore, you represent and warrant that all User Content you provide about you, your entity, and your Campaign is accurate, complete, and clear. This applies whether the User Content is provided directly by you, through an agent, or generated using an AI service provider or any other AI tool. If User Content is generated using an AI service or tool, you are required to disclose this information so that WHEN can determine if it complies with our AI policy before it enters the public domain. You are responsible for describing how funds will be used, ensuring the funds raised are only used for that specific purpose, and providing updates so that Donors know how their money is being used, and any other relevant information. When you organize a Campaign, you agree to follow all laws and regulations related to your Campaign, including but not limited to federal, state, and local laws governing charitable solicitations, taxes, and donations, including California AB 488. If you are using personal data from anyone, including but not limited to their name, image or likeness, you must have their valid legal permission to share it with us and post it on the Services. You are also required to obtain all rights and valid legal permission for WHEN to publicly use images, video, and other User Content associated with your Campaign. You also agree not to provide or offer to provide goods or services in exchange for donations. We may share information about your Campaign with Donors, legal authorities, and as otherwise described in our Privacy Policy.
Keeping your registration details accurate and current is essential. This includes updating your name, address, and any images or videos you use to represent yourself or your entity/organization. This helps maintain transparency and trust with Donors and ensures compliance with these Terms of Service and applicable legal requirements.
When you organize a Campaign with WHEN, you agree to fully cooperate with any request for evidence that we deem necessary to verify your compliance with these Terms of Service. Our requests may include, but are not limited to, asking that you: (a) explain how funds were or will be handled; (b) supply documentary evidence of the circumstances described on your Campaign; (c) share the identity of any party receiving, benefitting from, or involved with handling all or any portion of the funds; or (d) supply proof of how funds were or will be used. We reserve the right to refuse, condition, suspend, freeze or ban any Donations, Accounts, Supporter Accounts, Campaigns, Transfers or other transactions that we believe in our sole discretion may violate these Terms of Service or harm the interests of our Users, business partners, the public, or WHEN, or that expose you, WHEN, or others to risks unacceptable to us.
When you donate money on WHEN, it is your responsibility to understand how your donation will be used, and you donate at your own risk. Make sure to regularly check the Campaign's page for any updates or new information. We can not guarantee that donations will be used in accordance with any fundraising purpose prescribed by a User or Campaign Organizer. However, we take all reports of fraud or misuse of funds very seriously, and we will take appropriate action against any Campaign Organizer or User that violates our Terms of Service.
When you donate to a Campaign through WHEN, you need to use a credit card or other approved payment method that is linked to your Account or your Supporter Account, as applicable. You represent and warrant that your payment information is correct and that you are legally authorized to use your payment method. There may be a minimum amount you can donate, and once you donate your money will not be refunded. We use third party payment processors to process your donation. As explained further in Section 5 "Payment Processors," by donating, you also agree to allow our payment processors to handle your payment information according to their rules and these Terms. For details on the companies we use for processing payments and their rules, please check the "Payment Processors" section above.
By opting into recurring donations, you authorize WHEN and its vendors to charge your designated payment method without further authorization from you. You agree that the donation amount you specify will be charged to your payment method at the frequency you select (e.g., monthly) until as soon as reasonably practical, after you elect to cancel this recurring donation. You may cancel your recurring donation at any time by contacting our Support Team or through the cancellation feature in your Account as part of Services. Cancellation will take effect promptly upon receipt of your cancellation request, and no further donations will be processed after the cancellation date. However, any donations processed prior to your cancellation will not be refunded unless due to other reasons.
We take any reports of fraud or misuse of funds very seriously. If you have reason to believe that a User or Campaign Organizer is not raising or using the funds for their stated purpose, please contact us at: now@whenjustice.org.
When you donate to an NPO, you should talk to a tax advisor to understand if your donation is tax-deductible. WHEN does not withhold funds for tax purposes or otherwise, nor does WHEN guarantee that your donations are tax-deductible or eligible for tax credits. WHEN will also not be liable for any claims or penalties assessed by any tax authorities regarding how your donation is reported by you or a third party. WHEN will provide written or electronic donation receipts within five (5) days of your contribution, in compliance with 11 CCR §319. Receipts include: Amount donated, recipient charity, tax-deductibility, donee of record, and platform contact information.
In certain cases, we may share your personal information (even if you have chosen to donate anonymously), with the NPO to which you donate, in accordance with our Privacy Policy and as required to comply with applicable laws. The NPO may use this information only for legal compliance and fundraising purposes and must handle it in accordance with applicable privacy laws. WHEN is not responsible for how the NPO uses your information.
When you donate to a Campaign through WHEN via automated clearing house ("ACH") transaction, you authorize WHEN to electronically debit the bank account you linked to your Account or Supporter Account (and, if necessary, electronically credit your account to correct any erroneous debits). You agree that ACH transactions you authorize comply with all applicable law. You understand that this authorization will remain in full force and effect until you notify WHEN Support that you wish to revoke this authorization. You understand that WHEN requires at least two (2) business days' prior notice in order to cancel this authorization.
Donations to recipient NPOS that have affirmatively agreed to receive contributions through WHEN will be sent no later than 30 days after the end of the month in which the donations were made. Donations to recipient charities that have not provided such consent will be sent no later than 45 days after the end of the month in which the donations were made. If a recipient NPO is determined, in the WHEN's reasonable discretion, to be ineligible to receive funds for any reason (including, without limitation, loss of good standing with the California Attorney General, revocation or suspension of tax-exempt status by the Internal Revenue Service, regulatory noncompliance, sanctions concerns, campaign termination or suspension, or other circumstances outside the Platform's control that prevent distribution), Donors will be notified in writing or electronically. Donors will have 30 days from the date of notice to designate an alternate eligible charitable organization. If a Donor does not timely select an alternate recipient, or if distribution to the designated recipient is not possible due to circumstances beyond WHEN's control, WHEN may, in its sole discretion, reallocate the donation to an eligible charitable organization whose mission is reasonably consistent with the Donor's original charitable intent. If funds have been distributed and the original campaign purpose becomes impossible or impracticable to fulfill, the recipient organization will retain the funds and use them in a manner consistent with donor intent and applicable charitable purposes, in accordance with governing law. Funds will be distributed according to the applicable timing rules for the selected or reallocated recipient.
We do not withhold funds for tax purposes or otherwise. You, as a Campaign Organizer are solely responsible for paying any applicable taxes in connection with any donations you receive. It is up to you to calculate, report, and pay the correct amount of tax to the tax authorities.
When using your Profile you agree to adhere to all the terms regarding User Content and User Conduct set forth in Section 8 ("Prohibited Campaigns and Content") and Section 9 ("Prohibited User Conduct") below. This means, among other things, that you may not use your Profile to post misleading, false, or unlawful content. WHEN reserves the right, at its sole discretion and without prior notice, to suspend your Profile and to remove or modify any User Content included on your Profile that violates these Terms of Service. For more information on how your data will be collected and used, please see our Privacy Policy.
All payment processing, including transfers, holds, chargebacks, and dispute resolution, is governed by Stripe's Service Agreement and related policies, which are incorporated herein by reference.
We do not permit any Campaigns or related content that violate these Terms of Service, applicable law, or our policies. Prohibited Campaigns include, but are not limited to, those that are fraudulent, misleading, exploitative, discriminatory, violent, unlawful, or otherwise harmful to individuals, communities, or the environment.
We reserve the right, at our sole discretion, to review, suspend, or remove any Campaign, User, or affiliated entity that we determine, or reasonably suspect, to be in violation of this policy or contrary to our mission. We may take such action at any time and without prior notice, including suspending and canceling Campaigns, temporarily or permanently disabling access to the Services, and removing Profiles.
Users agree to use the Services lawfully and responsibly. We prohibit any conduct that violates these Terms of Service, applicable law, or our policies. This includes any use of the Services or Platform that is fraudulent, misleading, abusive, deceptive, discriminatory, exploitative, or that undermines the security, integrity, or intended purpose of the Platform.
We may remove User Content or Campaigns, suspend or disable Profiles, withhold or freeze funds, or take any other action we deem appropriate if we determine—or reasonably suspect—that a User has engaged in prohibited conduct, including conduct facilitated by AI or automation.
Without limiting the generality of the foregoing, Users agree not to (i) interfere with or disrupt the operation or security of the Services; (ii) access, collect, or use data from the Platform without authorization; (iii) upload or distribute harmful, infringing, or unauthorized content; (iv) impersonate another person or misrepresent an affiliation; (v) use bots, scripts, or automation to manipulate engagement or activity; (vi) engage in illegal fundraising or convert funds to cryptocurrency for delivery; (vii) violate privacy, intellectual property, or data protection rights; or (viii) undertake any action inconsistent with the mission, values, or lawful use of the Services.
We reserve the right, at our sole discretion and without prior notice, to investigate, restrict, or terminate any User or Campaign that we determine to be in violation of this policy, and to cooperate with law enforcement or other authorities as appropriate.
If you have reason to believe that a Campaign violates or contains content that violates these Terms of Service, please alert our team of this potential issue and we will investigate. We leverage a combination of business rules, machine learning, and human review to identify and remediate violations of our Terms of Service.
A Platform Fee is an upfront, calculated charge, either fixed or percentage-based, for accessing or using a specific service on a Platform. We charge a 10% Platform Fee per Donation to every Campaign. This helps cover the essential costs of media, marketing, and Platform maintenance.
A Processing Fee is the cost of processing a payment. A Processing Fee, including credit and debit charges, is charged and deducted from each donation by our Payment Processors to securely deliver donations. During the Donation process, Donors have the option of covering this Processing Fee so that the intended recipient of funds (either WHEN or Campaign Organizers) receives 100% of the gift. If Donors choose to make a recurring donation to WHEN, our Payment Processors will charge a Processing Fee for each donation.
You acknowledge that the Services Content are protected under laws related to copyright, patent, trademark, and other proprietary rights. The technology and Software that support the Services, or are distributed in connection with them, are owned by WHEN, our Affiliates, and our partners.
The WHEN name and logos are trademarks of WHEN and its Affiliates (collectively the "WHEN Trademarks"). Other company, product, and service names and logos displayed on our Services or Platform may be trademarks of their respective owners, who may or may not be affiliated with us. Nothing in these Terms of Service or our Services gives you permission to use any WHEN Trademarks without our prior written consent. All goodwill generated from the use of WHEN Trademarks benefits us exclusively.
You agree not to alter, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Services Content or User Content. You agree not to use any data mining, spiders, robots, scraping, or similar data gathering or extraction methods to extract or copy any of the Services Content or User Content in any form or otherwise in connection with your use of the Services. You are expressly prohibited from using, scraping, crawling, or otherwise collecting any content from WHEN, for the purpose of training, developing, or operating any machine learning models, large language models, or any other artificial intelligence systems, including foundation or frontier models, without the express prior written consent of WHEN. Any unauthorized use of WHEN content, including for AI model training, constitutes a violation of these terms and may result in the suspension or termination of your account and legal action. If we block your access to the Services (including blocking your IP address), you agree not to bypass this blocking (for example, by masking your IP address or using a proxy IP address). Any rights not expressly granted herein by us are reserved.
You are prohibited from copying, modifying, creating derivative works of, reverse engineering, disassembling, or attempting to discover any source code of the Software or the Services in any form.
When you share content through our Services, including through your Profile or when interacting with AI, you represent and warrant that you either own the content or have permission to use and share it. This includes all related copyrights, trademarks, and rights to privacy or publicity. When you upload, share, or make any User Content available in connection with the Services, you grant WHEN and its Affiliates the worldwide, royalty free, transferable, sublicensable, perpetual, irrevocable license to copy, display, distribute, store, modify, translate, publish, prepare derivative works, or otherwise use that User Content for any purpose, including for the promotion, advertisement or marketing of our Services in any form of media. This license includes the right for us and our AI Service Providers to analyze and process the User Content to enhance and develop the Services and related technologies, including through the use of machine learning and AI models (whether generative, predictive, or another type). This license enables us, for example, to use User Content to train and refine models that support safety features, fraud prevention, content moderation, customer support, and product optimization. We do not use your content to train AI models for the purpose of developing general-purpose commercial AI products unrelated to the Services. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or WHEN's exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
When you upload any User Content and to the maximum extent permitted by law, you irrevocably waive any moral rights in your User Content against us and our Users, and agree to release and hold harmless WHEN, our contractors, and our employees from: (i) any claims for invasion of privacy, publicity or libel; (ii) any liability from the use of your name, image, or likeness, including blurring, distortion, alteration or other uses; and (iii) any liability for claims made by you related to your User Content, name, image or likeness. By uploading User Content, you also waive any right to inspect or approve any intermediary or finished versions of your User Content. If your User Content includes or was created by anyone other than yourself, you represent and warrant that you have obtained all necessary permissions, rights, waivers, and releases from those individuals for this content to be used publicly. This ensures that WHEN can use the content as described above without any legal issues.
Any content or information you provide to WHEN, whether solicited or not, may be publicly accessible. This includes any information you post in surveys, customer support communications, or any other submissions such ideas, suggestions or feedback about the Services ("Submissions and Feedback"). By submitting any Submissions or Feedback, you agree that: (i) we have no obligation to keep Submissions or Feedback confidential; (ii) we may already have similar information under consideration or development; (iii) we can use and distribute Submissions and Feedback for any purpose, without acknowledgement or compensation to you; (iv) you have all necessary rights to submit such Submissions and Feedback; (v) you grant WHEN a perpetual, worldwide, royalty-free, irrevocable, non-exclusive, and fully transferable license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit other information, including the right to sublicense these rights; and (vi) you waive any moral rights or equivalent claims to the extent permitted by law. This section remains effective even after your Account or use of the Services is terminated.
We respect the intellectual property of others, and we ask that our Users do the same. We will process and investigate notices of alleged copyright or trademark infringement and take appropriate action under the Digital Millennium Copyright Act ("DMCA") or other locally equivalent intellectual property laws. In our sole discretion, we may terminate the Accounts of any Users who infringe on others' intellectual property rights.
If you believe that your work appears on our site in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, you must notify us in writing, by emailing us at now@whenjustice.org with the subject line "DMCA Takedown Request", or mail your request to:
WHEN Justice
c/o Legal Department
3540 Wilkinson Lane #8
Lafayette, CA 94549
To be effective, your Takedown Notice must contain the following information:
• your complete contact information (full name, mailing address and phone number). Please note that we may provide your contact information to the person who posted the content you are reporting. For this reason, you may wish to provide a professional or business email address;
• a description of the copyrighted work that you claim has been infringed;
• a description of the contention on our site that you claim infringes your copyright;
• a description of where the material that you claim is infringing is located on the Services. The easiest way to do this is by providing web addresses (URLs) leading directly to the allegedly infringing content.
• a declaration that:
· you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· the information in your notice is accurate; and
· under penalty of perjury, you are the owner or authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; and
• your electronic or physical signature.
If you believe that your User Content that was either removed or disabled is non-infringing or that you have authorization from the owner, the owner's agent, or pursuant to the law, to upload and use such content, you may send us a counter-notice to our copyright agent at now@whenjustice.org or the address listed above.
To be effective, your Counter-Notice must contain the following information:
• your complete contact information (full name, mailing address and phone number). Please note that we may provide your contact information to the person who posted the content you are reporting. For this reason, you may wish to provide a professional or business email address;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a declaration that:
· you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
· you consent to the jurisdiction of the federal district court for the judicial district in which your address is located. If you are outside the United States, you must consent to the jurisdiction of any Federal District court in any judicial district in which WHEN operates; and
· you will accept service of process from or on behalf of the person who provided the DMCA takedown notice, or an agent of such person; and
• your physical or electronic signature.
If we receive a counter-notice, we will send a copy of the counter-notice to the original complaining party, informing that person that we may replace the removed content or cease disabling it in ten (10) business days. Unless the original complaining party files an action seeking a court order against the content provider or User, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
At WHEN, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Services, you acknowledge our collection, use, and sharing of personal data as outlined therein.
We are not obligated to retain data related to any Account, Supporter Account, or Campaign Organizer after its conclusion. We may delete historical data or terminate inactive Accounts or Supporter Accounts without notice, except for any data we must keep to comply with legal or regulatory compliance obligations or to establish, exercise or defend legal claims.
As a Campaign Organizer, some information and material that you upload to our Platform may be made public or used to create public-facing Content related to your Campaign (this could be anything from the name of your entity, company biography, Campaign details and descriptions, photos, videos, logos, etc.). We will never share content, documents, or information specifically marked "not approved for public use."
Keep in mind, the Campaign Organizer, their team, and others may still see your information according to our Privacy Policy.
The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
We are constantly developing new technologies and features to improve our Services and engage Service Providers who may use AI to perform their work and essential tasks. Use of these features is optional, offered solely as a convenience to you, and such features are offered on an as-is basis with no warranties of any kind. Our optional AI features may not be construed as acting as an agent for WHEN, and may not bind us to any obligations, legal or otherwise. We do not guarantee the availability of the AI features in any or all geographical areas, and we reserve the right to modify, limit, or discontinue access to AI features on its platform at any time.
AI features may include a conversational chatbot or AI agent belonging to an Affiliate that will assist Users while using our Services, including guiding them through the Campaign creation and Donation processes. If you use our AI-powered chat agent, we will disclose when you are interacting with AI rather than a human. Additionally, your chats may be recorded and/or monitored by us and our AI Service Providers for training, content moderation and quality assurance purposes. By using these AI features, you consent to such recordings. Notwithstanding the foregoing, WHEN is not obligated to review or retain your interactions with AI on our Platform.
AI-generated content is probabilistic, meaning it may not always be unique across users and may contain errors, inaccuracies, or offensive content that does not reflect WHEN's views. AI-generated content should not be relied upon for legal, financial, medical, or any other professional advice. Campaign Organizers are responsible for reviewing, editing, and ensuring the accuracy and appropriateness of all AI-generated content before uploading it to or sharing it with WHEN. Exercise discretion before using AI-generated content on the Platform, on social media or in any public or fundraising communications. Like all content you share on our Platform, you are responsible for ensuring any content you generate using an AI agent complies with these Terms of Service, including not sharing misleading information or other User Content that infringes on the rights of others.
Some of the content on our Site and WHEN's affiliated social channels may have been developed or refined using generative AI or AI-powered tools to improve efficiency and clarity. All AI-assisted content is reviewed and approved by our human team to ensure accuracy, integrity, and alignment with our mission and values. We use these tools responsibly — never to mislead, fabricate, or impersonate — but to enhance our ability to communicate complex ideas clearly and effectively.
Our Services may rely on, or certain third- parties may include in our Services links to, certain Third Party Resources. We have no control over such Third Party Resources and do not endorse or otherwise take any responsibility for such Third Party Resources. By using our Services, you agree that we are not liable for the content, functions, accuracy, or legality of these Third Party Resources, or any damages or loss that may be caused by these Third Party Resources. In certain situations, Third Party Resources may include products or services offered by a third party that you may display or are otherwise made available through the Services and if so, you may be subject to third party terms associated with such Third Party Resources.
You agree that we may, in response to concerns of fraudulent or illegal activity or a material breach of these Terms of Service, suspend or terminate your Account (or any part thereof), Supporter Account, or your access to the Services and remove and discard any User Content or data at any time, including any Campaigns you may have organized. To the extent permitted by applicable law, we may take any such actions without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. We may take such actions with or without providing you notice.
We reserve the right, without limitation, to close your Account, Supporter Account, or disable your access to the Services in any of the following circumstances: (i) we are unable to confirm that your Campaign or Campaign Organizer complies with these Terms of Service; (ii) we are unable to support your Account or Supporter Account from a technical perspective; (iii) our payment processors are unable to support your Account or Supporter Account; (iv) your Account or Supporter Account becomes dormant or otherwise abandoned; (v) your Account or Supporter Account displays activity that poses a risk to WHEN or its community; or (vi) such action(s) is required to comply with a court order, writ, injunction, or as otherwise required under applicable laws and regulations.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EACH OF WHEN AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT PREJUDICE TO STATUTORY WARRANTIES UNDER APPLICABLE LAW, AND WITHOUT PREJUDICE TO CONTENT MODERATION REQUIREMENTS WHERE PRESCRIBED BY APPLICABLE LAW, NEITHER WHEN NOR ANY OF ITS AFFILIATES MAKE ANY WARRANTY OR CLAIM THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
ALL THIRD PARTY INFORMATION AND CONTENT ON THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. WHEN AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF THIS INFORMATION. NO CONTENT IS INTENDED TO PROVIDE FINANCIAL, LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE. BEFORE MAKING DECISIONS ABOUT CAMPAIGN ORGANIZERS, NPOS, DONATIONS, OR ANY RELATED INFORMATION, CONSULT WITH YOUR FINANCIAL, LEGAL, TAX, OR OTHER PROFESSIONAL ADVISOR. YOU ACKNOWLEDGE THAT YOU ACCESS ALL INFORMATION AND CONTENT ON THE SERVICES AT YOUR OWN RISK.
WE DO NOT GUARANTEE THAT ANY CAMPAIGN ORGANIZER WILL RECEIVE A SPECIFIC AMOUNT OF DONATIONS OR ANY DONATIONS AT ALL. WE DO NOT ENDORSE ANY CAMPAIGN ORGANIZER, USER, OR CAUSE, AND WE MAKE NO GUARANTEES ABOUT THE ACCURACY OF INFORMATION PROVIDED THROUGH THE SERVICES. AS A DONOR, YOU MUST DETERMINE THE VALUE AND APPROPRIATENESS OF CONTRIBUTING TO ANY USER OR CAMPAIGN ORGANIZER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WHEN NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS; (III) DAMAGES FOR LOSS OF GOODWILL; (IV) DAMAGES FOR LOSS OF USE; (V) LOSS OR CORRUPTION OF DATA; OR (VI) OTHER INTANGIBLE LOSSES (EVEN IF WHEN JUSTICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES INCLUDING ANY AI FEATURES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WHEN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID WHEN JUSTICE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100).
YOU AGREE THAT NEITHER WHEN NOR ANY OF ITS AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY CONTENT OR MATERIALS OF ANY THIRD PARTIES (INCLUDING USERS), ANY USER CONTENT (INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY USER CONTENT), OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUCH USER CONTENT. YOU AGREE THAT WHEN IS NOT RESPONSIBLE FOR ANY ACTIONS YOU TAKE BASED ON CONTENT OR OUTPUTS GENERATED THROUGH AI FEATURES, NOR FOR ANY ERRORS, OMISSIONS, OR MISREPRESENTATIONS CONTAINED IN AI-GENERATED CONTENT. USE OF THESE FEATURES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT WHEN DOES NOT PRE-SCREEN ALL USER CONTENT, BUT THAT WHEN AND ITS DESIGNEES WILL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE, REMOVE, OR ALLOW ANY USER CONTENT THAT IS AVAILABLE VIA THE SERVICES AT ANY TIME AND FOR ANY REASON, WITH OR WITHOUT NOTICE, AND WITHOUT ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS, DAMAGES, COSTS OR LOSSES RESULTING THEREFROM. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE OUTCOME OR SUCCESS OF ANY CAMPAIGN ORGANIZER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
To the fullest extent permitted by applicable law, you agree to release, indemnify and hold WHEN and its Affiliates and their officers, employees, directors, and agents harmless from any and all losses, damages, expenses (including reasonable attorneys' fees), costs, awards, fines, claims, and actions of any kind, arising out of or relating to your use of the Services, any Donation or Campaign, any User Content or content generated by AI, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that WHEN has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify WHEN for the costs of its defense.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction — in or outside of the United States — you waive any comparable statute or doctrine to the extent permitted by law.
By using and/or accessing this Site, the Platform, and/or our Services, you irrevocably agree that all disputes between you and WHEN that in any way relate to these Terms or your use of the Site, the Platform, or the Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU EXPRESSLY WAIVE ANY AND ALL RIGHTS TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims CANNOT be brought as a class action. All claims must be brought within one (1) year.
All matters relating to the Site, the Platform, the Services, and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule, whether of the State of California or any other jurisdiction.
You agree that you are solely responsible for your interactions with any other User in connection with the Services and neither WHEN nor its Affiliates will have any liability or responsibility with respect thereto. WHEN and its Affiliates reserve the right, but have no obligation, to become involved in any way with disputes between you and any other User of the Services.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. Where possible we will provide thirty (30) days' notice of substantive changes to these Terms of Service and, if appropriate, we may inform Users of such changes via email or other appropriate means. Changes may be made at short or no notice where a change is required by law. When we make a change, we will post the revised Terms of Service on this page and will indicate the date of such revision. Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. If you do not wish to accept the new Terms of Service, you should discontinue your use of the Services.
To the extent allowed by applicable law, the English language version of these Terms of Service is binding and their translations in other languages are for convenience only; in case of discrepancies between the English version of these Terms of Service and their translations, the English version shall prevail.
These Terms of Service – along with our Privacy Policy, Cookies Policy, and Terms of Use – constitute the sole and entire agreement between you and WHEN with respect to the Site, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.
No waiver of or by WHEN of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of WHEN to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You may not assign these Terms of Service without the prior written consent of WHEN, but WHEN and/or its Affiliates may assign or transfer these Terms of Service, in whole or in part, without restriction. For the sake of clarity, WHEN and/or its Affiliates may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
To the extent permitted by applicable law, notices to you may be made via email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.
Except to the extent provided otherwise under applicable law, WHEN shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war or threats of war, terrorism or threats of terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, governmental regulation or advisory, recognized health threats, as determined by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies, strikes or shortages or curtailment of transportation facilities, fuel, energy, labor or materials.
Software available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties and (iii) you are not located in any other country or jurisdiction from which you would be barred from using the Services by applicable law.
This Site is owned and operated by WHEN Justice. Please direct all inquiries, feedback, comments, requests for technical support, and other communications relating to the Site to: now@whenjustice.org.
You may also contact us at:
WHEN Justice
3540 Wilkinson Lane #8
Lafayette, CA 94549