Terms of Service

1. Agreement to Terms

By accessing or using the NILfund website (nilfund.shop) and browser extension (collectively, the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

NILfund reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Service following any changes constitutes acceptance of the modified Terms.

2. Description of Service

NILfund is an affiliate marketing platform that allows users to support college athletic programs through their everyday online purchases. When you shop at participating retailers through our Service, a portion of the affiliate commission earned is directed to the Name, Image, and Likeness (NIL) fund or collective associated with your selected school.

3. Important Disclaimers

3.1 No Affiliation with Schools or Athletic Programs

NILfund is an independent platform and is not affiliated with, endorsed by, sponsored by, or officially connected with any college, university, athletic conference, the NCAA, or any NIL collective or fund. School names, logos, and trademarks are the property of their respective institutions and are used solely for identification purposes.

3.2 NIL Fund Designation

Funds attributed to your selected school will be directed to the officially recognized NIL collective or fund associated with that institution. NILfund determines the appropriate recipient based on publicly available information and may change the designated recipient at any time without notice. NILfund makes no guarantees regarding how recipient organizations will use the funds received.

3.3 Commission Structure

A portion of affiliate commissions earned through your purchases is directed to NIL funds. NILfund retains a portion of commissions to cover operational costs and sustain the Service. Commission rates vary by retailer and are subject to change at any time. NILfund does not guarantee any specific commission amount or percentage.

4. User Responsibilities

You agree to: use the Service only for lawful purposes and in accordance with these Terms; not use the Service in any way that could damage, disable, or impair the Service; not attempt to gain unauthorized access to any part of the Service; not use any automated means to access the Service without our express permission; and comply with all applicable laws and regulations.

5. Intellectual Property

The Service and its original content, features, and functionality are owned by NILfund and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

School names, mascots, and related trademarks are the property of their respective institutions. NILfund's use of these marks is for identification purposes only and does not imply any endorsement or affiliation.

6. Third-Party Services and Retailers

The Service connects you with third-party retailers and affiliate networks. Your transactions with these third parties are solely between you and the third party. NILfund is not responsible for the products, services, content, or practices of any third-party retailers. Product availability, pricing, shipping, and returns are governed by the respective retailer's policies.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NILFUND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (D) ANY BUGS, VIRUSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE SERVICE; OR (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT.

IN NO EVENT SHALL NILFUND'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT OF COMMISSIONS GENERATED THROUGH YOUR USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NILFUND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

NILFUND MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE, INCLUDING COMMISSION ESTIMATES OR FUND DISTRIBUTIONS.

9. Indemnification

You agree to indemnify, defend, and hold harmless NILfund and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your use of the Service; (b) your violation of these Terms; or (c) your violation of any rights of another party.

10. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. You may discontinue use of the Service at any time by uninstalling the browser extension.

11. Changes to Service

NILfund reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. This includes the right to change participating retailers, commission rates, supported schools, designated NIL funds, and any other aspect of the Service. NILfund shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Jackson County, Missouri, and you consent to the personal jurisdiction of such courts.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

14. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and NILfund regarding the Service and supersede all prior agreements and understandings.

15. Contact Information

If you have any questions about these Terms, please contact us at: legal@nilfund.shop