Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and WinWish LLC, a Texas limited liability company doing business as Craft a Cause (“Craft a Cause”, “we”, “us”). They govern your use of the Craft a Cause website, workspace and related services (the “Service”). WinWish LLC operates other businesses; these Terms cover only the Service.

You accept these Terms by ticking the box or pressing the button that says you agree, for example when you create an account, apply on behalf of an organization, place an order or give consent for an original artwork. If you do not agree, do not use the Service. Our Privacy Policy explains how we handle personal information and forms part of these Terms.

• The Service is offered only in the United States, for shipping to U.S. addresses.
• You must be at least 18 years old and able to form a binding contract to create a buyer account, place an order, or act for an organization.
• Students under 18 never hold an account. Their artwork is listed only through their organization, with the consent of a parent or legal guardian (see Creators, parents and guardians).
• If you use the Service for an organization, you confirm you are authorized to bind it, and “you” includes the organization.
• You may not use the Service if we have previously suspended or removed you.

Schools, colleges and community organizations (“Organizations”) run fundraising campaigns. Students and other makers (“Creators”) make original artwork, which the Organization reviews, photographs, lists, packs and ships. Buyers purchase artworks through the Service.

Who sells. The Organization is the seller of each artwork and is responsible for its description, condition and delivery. Craft a Cause provides the marketplace and collects payment from the buyer as the Organization’s limited payment collection agent. When you pay us, the Organization is treated as having received your payment. Your card statement will show the charge as WINWISHLLC* CRAFTCAUSE.

Our role. We are not a party to the sale between a buyer and an Organization, except as payment collection agent, and we do not make, own, inspect or ship the artwork. We do not guarantee that a campaign will reach its goal or that any Organization will use funds in a particular way.

Prices are set by the Organization in U.S. dollars. Two separate fees come out of a sale:

• Platform fee. Craft a Cause keeps a flat 3% of each artwork’s price.
• Card processing. Stripe charges a fee to process the payment, which we show as an estimate of 2.9% + 30¢ per payment, shared across the artworks in it. If Stripe’s actual fee differs (for example for some international or American Express cards), Craft a Cause bears the difference.

Unless the buyer chooses otherwise, both fees come out of the price and the Organization receives the rest. At checkout a buyer may choose to cover card processing: the total increases by the amount shown, which pays the processing fee, so the Organization receives the price less only the platform fee. Covering is optional and never pre-selected; it is part of the purchase, not a donation. The exact split is shown on every listing, in your bag and at checkout before you pay, and on your receipt.

Both fees, and the share reaching the Organization, are calculated from the price of the artwork, before any refund, chargeback or adjustment, and exclude any taxes. An amount a buyer chooses to cover pays card processing only; it is not part of the Organization’s share or of our platform fee. Statements about a campaign’s progress refer to completed sales and do not include shipping.

Shipping. Each physical artwork is shipped, collected in person from the Organization, or either, as the Organization chooses for that artwork. A shipped artwork costs either the Organization’s flat shipping rate or a USPS Ground Advantage rate calculated for your ZIP code, shown at checkout before you pay. Shipping is passed to the Organization in full to pay for the postage; no platform fee is taken on it, and card processing applies to the whole payment. A collected or digital artwork has no shipping charge. We ship within the United States only.

Digital artworks. A digital artwork is a file you download from your account after paying, up to 10 times over the life of the order. After that, email hello@craftacause.com and we will help. A digital artwork is delivered when it is first available to download. You may keep and print the file for your own personal use; the creator keeps the copyright.

Not a donation. A purchase, including any amount you choose to cover for card processing, is a payment for goods. It is generally not a tax-deductible charitable contribution, and we do not provide tax receipts. Ask your tax adviser about your situation.

Charitable sales disclosure. WinWish LLC is a for-profit company. Some states treat a business that advertises that part of a sale benefits a school or charity as a “commercial co-venturer”. Where a state requires it, we disclose the benefiting Organization and the amount it receives on each listing and keep the records the law requires.

When you place an order, the artwork is reserved for you while you pay. An order is accepted when payment succeeds and you receive an order confirmation. Each artwork is one of a kind; if an artwork becomes unavailable before your payment completes, you will not be charged.

The Organization ships within the window shown on the listing, makes a collected artwork available as described in its pickup details, or sends a digital artwork’s file. If an Organization cannot ship within that window, we will tell you and give you a revised date. Federal law then lets you cancel an order that has not shipped; if we have not heard from you after a first short delay of up to 30 days we may treat the new date as accepted. This is the only case in which an order is refunded — see No refunds.

Risk of loss passes to you when the artwork is handed to the carrier for delivery to the address you gave, when you collect it, or when its file is sent. Please make sure your address, phone number and email are correct.

Every artwork is handmade and one of a kind, and the money goes to a school or organization’s cause. All sales are final. There are no refunds, returns or exchanges once your purchase is complete — including for a change of mind, for damage in transit, for an artwork that looks different from its photos, or for an artwork that is lost after it has been handed to the carrier. Handmade work naturally varies in color, finish and size.

The only exception is one the law requires: if the Organization cannot ship, make available or send an artwork at all, you may cancel that order before it ships and we will refund what you paid for it, to the original payment method, within 7 working days. Nothing in these Terms limits a right you have under law that cannot be waived.

If something is wrong, email hello@craftacause.com with your order number and we will help you reach the Organization. Please contact us before disputing a charge with your bank.

If you act for an Organization, you and the Organization agree that:

• Eligibility and status. The information you give us is true, you use an institutional email address, and the Organization is a school, college, PTA, booster club or other organization in good standing. If the Organization solicits charitable contributions, it is registered or exempt as required in each state where it does so.
• Listings. You list only original artwork that the Creator made, you describe and photograph it accurately, and every listing has the consents required by these Terms and our Privacy Policy (including verified parental consent for Creators under 13). Photographs must not show a child’s face, full name, school uniform or anything that identifies where a child lives.
• Artwork you upload for a Creator. Campaign owners and other Organization staff can create a Creator’s profile and add or edit artwork and listings for them. Consent is needed before artwork is uploaded. When the Organization uploads artwork for a Creator under 18 itself, rather than the parent or guardian doing so through their own link, the Organization is solely responsible, as between the Organization and us, for: (a) obtaining the parent’s or legal guardian’s written consent before uploading — and, for a Creator under 13, consent that meets the Children’s Online Privacy Protection Act; (b) keeping that consent for at least three years after the last sale; and (c) taking the artwork down as soon as consent is withdrawn. Each upload is your confirmation that you have that consent. On request you will show it to us within five business days; until you do, we may pause the listing or the campaign. Our own consent checks do not relieve the Organization of this responsibility.
• Fulfilment. You pack and ship each sold artwork within the window you set, add tracking where available, keep the buyer’s address confidential and use it only to deliver the order, and cooperate with cancellations, refunds and disputes.
• Payouts. Payouts are made through Stripe. You agree to the Stripe Connected Account Agreement and the Stripe Services Agreement, and you authorize us to share Organization information with Stripe. Funds are held until the campaign has ended and every buyer has confirmed receipt of their order (or we have confirmed delivery on their behalf), and are paid out after that. For each sale the Organization receives the price less the 3% platform fee and, unless the buyer chose to cover it, the estimated card processing fee, exactly as shown when the price is set and on the order. If a sale is refunded, the Organization’s share of it is reversed; Craft a Cause bears any card processing fee that Stripe does not return. We may deduct refunds, chargebacks, fees and amounts you owe from current or future payouts, and hold a reasonable reserve where we see a risk of loss. We are not a bank and do not hold funds in escrow.
• Verification. Under the INFORM Consumers Act we may need to collect and verify bank, tax and contact information from Organizations with high sales volume, and display certain contact details to buyers. You agree to provide it promptly; we may pause payouts or listings until you do.
• Taxes. Where the law treats us as a marketplace facilitator, we calculate, collect and remit sales tax on sales through the Service. Otherwise each Organization is responsible for its own tax obligations.
• Indemnity. The Organization will defend and indemnify us against claims arising from its listings, the consents it was responsible for obtaining (including any it did not obtain), fulfilment, registration status or breach of these Terms.

A Creator’s artwork is listed only with consent. A Creator who is 18 or older consents for themselves. For a Creator under 18, a parent or legal guardian consents on the Creator’s behalf and, by doing so, accepts these Terms both personally and for the Creator. For a Creator under 13, we also verify that the person consenting is the parent or guardian before anything is listed, as the Children’s Online Privacy Protection Act requires.

License. The Creator keeps the copyright in their artwork. The person giving consent grants WinWish LLC and the Organization a non-exclusive, royalty-free license to host, display, reproduce and share photographs of the artwork, with the Creator’s first name, last initial and grade or class, in order to list, sell and promote the campaign. The license for promotion outside the listing ends when consent is withdrawn; it continues for records of completed sales. We credit the Creator as shown on the listing.

Withdrawing consent. A parent, guardian or adult Creator may withdraw consent at any time from the “Manage consent and data” link in their emails, or by emailing hello@craftacause.com. Unsold artworks are removed from sale and their photographs deleted. An artwork already sold belongs to its buyer; we will stop showing the Creator’s name with it.

Artwork an Organization uploads. Consent is needed before any artwork is uploaded. Where an Organization uploads artwork for a Creator itself, the Organization must get the parent’s or guardian’s consent first and is solely responsible for it (see Organizations). Parents and guardians keep every right described here, including withdrawing consent and having the Creator’s information deleted.

Proceeds. Proceeds go to the Organization, never to the Creator, parent or guardian.

You can agree to these Terms, give consent and sign documents electronically — by ticking a box, clicking a button or typing your name — and you agree that doing so has the same effect as signing on paper, under the federal E-SIGN Act and the Uniform Electronic Transactions Act as adopted in your state.

• Your choice. Signing electronically is optional. A parent or guardian giving consent for a child can print, sign and upload the consent form instead.
• What it covers. Your consent to electronic signatures and records covers the agreement or consent you are signing and the notices and records about it, such as receipts, confirmations and changes to these Terms.
• Copies. We email you a copy of what you signed. You can ask for a paper copy free of charge by emailing hello@craftacause.com.
• Withdrawing. You can withdraw your consent to electronic records at any time by emailing us. Withdrawing does not undo a signature or consent already given; it means future records come by other means, which may stop you using some features.
• What you need. A device with a current web browser, an email address, and a way to save or print an email or web page. Tell us if your email address changes.
• Our records. We keep a record of each electronic signature: the name typed, the stated relationship to the child where relevant, the date and time, the IP address and browser, and a fingerprint (hash) of the exact text signed.

A buyer receives ownership of the physical artwork (or, for a digital artwork, a personal-use copy). Buying an artwork does not transfer its copyright: you may display, keep, sell or give away the physical artwork, but you may not reproduce it, for example on merchandise or in print, without the Creator’s permission. Visual art may also carry rights of attribution and integrity under the Visual Artists Rights Act.

You agree not to:

• list artwork you do not have the right to sell, or that infringes anyone’s rights;
• post anything unlawful, hateful, sexual, violent, or that identifies or endangers a child;
• contact a Creator through the Service, or try to find out a Creator’s identity, school or location;
• misuse buyer, Creator or guardian information, or use it for anything except fulfilling an order;
• interfere with, scrape, probe or overload the Service, or get around any security or limit;
• create accounts in bulk, impersonate anyone, or provide false information;
• use the Service for fraud, money laundering or any unlawful purpose.

You can report a listing or account by emailing hello@craftacause.com with a link to it. We review reports and may remove content or suspend accounts at our discretion.

If you believe material on the Service infringes your copyright, send a notice to our designated agent: [DMCA DESIGNATED AGENT NAME AND ADDRESS], email hello@craftacause.com. Your notice must include: your physical or electronic signature; identification of the copyrighted work; identification of the material and where it appears on the Service; your contact details; a statement that you have a good-faith belief the use is not authorized by the owner, its agent or the law; and a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner.

If material you posted is removed and you believe that was a mistake, you may send a counter-notice with your signature, identification of the material and where it appeared, a statement under penalty of perjury that it was removed by mistake or misidentification, and your consent to the jurisdiction of the federal court for your district. We may restore the material 10 to 14 business days later unless the complainant files suit. We end the accounts of repeat infringers.

Keep your password and two-factor codes secure; you are responsible for activity on your account. Tell us at once at hello@craftacause.com if you suspect unauthorized use.

You can delete your account at any time from your account settings. We may first ask you to finish open orders, campaigns or payouts. We keep records of completed sales, in a form that no longer identifies you where possible, as the law and our accounting require (see the Privacy Policy).

We may suspend or end your access, remove listings, or close campaigns if you break these Terms, if required by law, or to protect buyers, Creators or the Service. Sections that by their nature should survive (including fees owed, licenses for completed sales, disclaimers, limits of liability, indemnities and dispute resolution) survive termination.

To the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. Artwork is made and sold by Creators and Organizations, not by us; we do not warrant its quality, safety, legality or the accuracy of listings. We do not warrant that the Service will be uninterrupted, secure or error-free. Some states do not allow some of these exclusions, so they may not apply to you.

To the fullest extent permitted by law, WinWish LLC and its members, managers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, arising from or related to the Service or these Terms. Our total liability for all claims arising from or related to the Service or these Terms is limited to the greater of (a) the amounts you paid through the Service in the 12 months before the claim arose and (b) one hundred U.S. dollars ($100).

These limits do not apply to liability that cannot be limited by law, including for fraud, gross negligence or willful misconduct, or for death or personal injury caused by negligence.

To the extent permitted by law, you will defend, indemnify and hold harmless WinWish LLC and its members, managers, employees and agents from claims, losses and costs (including reasonable attorneys’ fees) arising from your content, your listings, your breach of these Terms or your violation of law or anyone’s rights.

Informal resolution first. Before starting any claim, you and we each agree to send a written notice of the dispute (for you, to hello@craftacause.com and our mailing address; for us, to the email on your account) describing the claim and the relief sought, and to try in good faith to resolve it for 60 days.

Binding individual arbitration. Any dispute, claim or controversy arising from or relating to these Terms or the Service, including whether this section applies, will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, and, where 25 or more similar demands are filed by or with the help of the same or coordinated counsel, its Mass Arbitration Supplementary Rules. Cases may be administered in batches; the outcome of one case does not bind anyone who is not a party to it. The Federal Arbitration Act governs this section. We will pay the AAA filing, administration and arbitrator fees for consumer claims as the AAA rules require, and pay them on time. Arbitration may be held by video or in the county where you live.

Class-action and jury waiver. You and we each waive the right to a jury trial and to bring or take part in any class, collective or representative proceeding. Claims may be brought only individually.

Exceptions. Either party may bring an individual claim in small-claims court, and may seek an injunction in court to protect intellectual property. A request for public injunctive relief, where the law does not allow it to be waived, will be decided by a court after any arbitrable claims are resolved, and is stayed until then.

Opting out. You may opt out of this arbitration agreement by emailing hello@craftacause.com within 30 days of first accepting these Terms, with your name, account email and a clear statement that you opt out. Opting out does not affect any other part of these Terms.

If this section is limited. If the class-action waiver is found unenforceable for a claim, that claim (and only that claim) will be decided in court, not arbitration. If any other part of this section is unenforceable, the rest still applies.

These Terms are governed by the Federal Arbitration Act and the laws of the State of Texas, without regard to conflict-of-law rules. Subject to the arbitration section, the state and federal courts located in Harris County, Texas have exclusive jurisdiction, and you and we consent to them.

We may update these Terms. For a material change we will give at least 30 days’ notice by email or on the Service before it takes effect, and ask you to accept the new version when you next sign in, apply, order or consent. A change to the arbitration section does not apply to a dispute we already know about or that you have already notified us of. If you do not agree to a change, stop using the Service and delete your account.

• These Terms and the policies they refer to are the entire agreement about the Service.
• If a provision is unenforceable, it is limited to the minimum extent and the rest remains in effect.
• Our failure to enforce a provision is not a waiver.
• You may not assign these Terms; we may assign them in connection with a merger, sale or reorganization.
• We are not liable for delays caused by events beyond our reasonable control.
• Notices to us go to hello@craftacause.com and [MAILING ADDRESS]; notices to you go to your account email.
• Accessibility: see our accessibility statement to ask for these Terms in another format.