Legal & Terms
Terms of Service
These Terms of Service ("Terms") constitute a legally binding agreement between you and Keestone Innovations LLC ("Company," "we," "us," or "our") governing your access to and use of the Rally mobile applications, web portals, and services (the "Platform" or "Rally").
1. Acceptance of Terms & Eligibility
By creating an account or accessing the Platform, you affirm that:
- You are at least 13 years of age (or the minimum age required in your jurisdiction to enter into a binding agreement).
- You agree to be bound by these Terms and our Privacy Policy.
- If you represent an organization, fraternity, sorority, club, or chapter, you have full authority to bind that entity to these Terms.
2. User Accounts & Security
You are responsible for safeguarding your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized account access. Keestone Innovations is not liable for losses caused by unauthorized use of your account.
3. Payments, Dues & Chargebacks
This section applies whenever money moves through Rally, including chapter dues, event tickets, and merchandise. In this section, an "Organization" is a chapter, club, or group that collects payments through Rally, and an "Organization Administrator" is anyone who sets up or manages payments for an Organization.
3.1 How payments work
- A payment processor handles all payments. Payments on Rally are processed by a PCI-DSS Level 1 certified third-party payment processor (the "Payment Processor"). Rally provides the software that lets Organizations bill and collect from their members. Your card or bank statement may show "Rally" as the merchant.
- Who you are paying. When you pay dues, buy a ticket, or buy merchandise through Rally, you are paying the Organization that issued the invoice or sold the item. Rally keeps only the platform fee described in Section 3.2, and the rest is paid out to the Organization by the Payment Processor.
- Custody of funds. Keestone Innovations is not a bank, money transmitter, or escrow agent. Payment funds are held and paid out by the Payment Processor and are not deposited into Keestone Innovations' own bank accounts.
- Payment Processor terms for Organizations. An Organization that collects payments through Rally must also accept the Payment Processor's own agreements, which are presented in Rally's Payment Processing Services Agreement when the Organization sets up payouts, and must provide the information the Payment Processor requires.
3.2 Payment methods and fees
- Payments may be made by credit or debit card or by US bank account (ACH).
- Rally charges a platform fee of 3.8% + 30¢ for card payments and 1.0% for ACH payments. This fee covers payment processing and use of the Platform. The fee is shown before you pay, and the Organization chooses, invoice by invoice, whether the member pays it or the Organization covers it from its payout.
- Platform fees are not refunded when a payment is refunded or disputed, unless the law requires otherwise.
3.3 Members: your payment obligations
- Dues are owed to your Organization. Dues and other charges are set by your Organization, not by Rally. Questions about whether you owe an amount, how much, payment plans, or refunds must go to your Organization's officers first.
- Authorization. When you pay, you authorize the charge to your card, or the debit from your bank account, for the amount shown. For ACH payments, you also agree to the bank debit authorization presented at checkout.
- Resolve billing problems with your Organization first. Before you dispute a payment with your bank or card issuer, you agree to contact your Organization (and Rally support at the address below, if the Organization does not respond) and give it a reasonable chance to fix the problem. Rally may share the payment record, invoice, and your agreement to these Terms with your bank or card issuer as evidence in a dispute.
- A dispute does not cancel what you owe. If you dispute a valid payment and the funds are returned to you, you still owe that amount to your Organization. Rally may turn off online payments for an account that disputes valid payments.
- Your rights are not limited. Nothing in these Terms limits your right under law to dispute an unauthorized or incorrect charge with your bank or card issuer.
3.4 Organizations: responsibilities
- Authority and accuracy. Organization Administrators confirm that they are authorized to collect payments for their Organization, and that invoices, prices, and item and event descriptions are accurate.
- Goods, events, and refunds. The Organization is solely responsible for the dues it charges, the events it holds, the merchandise it sells, its refund policy, and its communication with members about payments.
- Taxes. The Organization is responsible for determining, collecting, and paying any sales, admission, or other taxes on its sales, except where the law requires Rally to collect them. The Payment Processor may issue a Form 1099-K to an Organization whose payments meet IRS reporting thresholds, and the Organization agrees to provide an accurate taxpayer identification number when the Payment Processor asks for it.
- Permitted use. Organizations may use Rally payments only for legitimate Organization dues, events, and merchandise. Payments may not be used for gambling, for unlawful items, or to move money unrelated to the Organization.
3.5 Organizations: chargebacks, refunds, and negative balances
- The Organization bears payment losses. The Organization is responsible for every refund, chargeback, dispute, ACH return, and reversal on payments made to it, and for any related fees charged by the Payment Processor or a card network, including dispute fees (together, "Payment Losses"). This applies even when the bank or card network charges the Payment Loss to Rally.
- How Rally recovers Payment Losses. The Organization authorizes Keestone Innovations to recover Payment Losses by reversing transfers made to the Organization's payout account, deducting them from the Organization's payout balance or future payouts, debiting the bank account linked to the Organization's payout account as the Payment Processor permits, or invoicing the Organization.
- Negative balances. If the Organization's payout balance cannot cover a Payment Loss, the Organization must repay the shortfall within thirty (30) days after Rally notifies it.
- Responding to disputes. The Organization agrees to provide invoices, receipts, attendance records, or other evidence that Rally requests to contest a dispute, within five (5) business days of the request. Rally may contest disputes on the Organization's behalf but is not required to.
- Holds and suspensions. Rally may delay payouts, hold a reasonable reserve, or suspend an Organization's payment features when an Organization has an unusual rate of disputes or refunds, an unpaid negative balance, or activity that appears fraudulent or violates these Terms.
4. User-Generated Content (UGC) & Prohibited Conduct
Our platform allows users to upload files, post comments, stream media, and communicate within groups. To comply with mobile store standards, you agree that you will not upload or transmit any content that:
- Is defamatory, harassing, threatening, abusive, hateful, or promotes violence.
- Contains sexually explicit, obscene, or pornographic material.
- Infringes any patent, trademark, copyright, trade secret, or proprietary rights.
- Attempts to reverse engineer, scrape, decompile, or bypass security barriers of the Platform.
Content Moderation & Enforcement: We reserve the right (but have no obligation) to monitor, flag, remove, or restrict access to any content or suspend any user account violating these standards, with or without prior notice.
5. Intellectual Property & UGC License
- Company IP: The software architecture, design, code, graphics, and trademarks associated with Keestone Innovations and Rally are our exclusive property.
- Your License to Us: You retain ownership of content you post. However, you grant Keestone Innovations a worldwide, non-exclusive, royalty-free license to host, display, transmit, and store your content solely to operate and provide the features of the Platform.
6. Disclaimer of Warranties ("As-Is") & Uptime
THE PLATFORM IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. KEESTONE INNOVATIONS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM SERVER DOWNTIME, VIRUSES, OR NETWORK OUTAGES. YOU USE THE SERVICE AT YOUR OWN RISK.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEESTONE INNOVATIONS, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES—INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR BUSINESS INTERRUPTION—ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, PAYMENT DISPUTES BETWEEN USERS, OR SERVICE DOWNTIME.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF $100.00 USD OR THE PLATFORM FEES RETAINED FROM YOUR DIRECT TRANSACTIONS OVER THE PRECEDING THREE (3) MONTHS.
8. Dispute Resolution: Mandatory Binding Individual Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND HOW CLAIMS ARE RESOLVED.
- Governing Law: These Terms and any disputes arising out of or related to the Platform shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of law principles.
- Mandatory Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
- Class Action Waiver: YOU AND KEESTONE INNOVATIONS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
9. Termination
We reserve the right to suspend or terminate your access to the Platform at our sole discretion, without liability, if you breach these Terms, misuse payment features, or engage in abusive conduct.
10. Changes to These Terms
- Notice by email. When we make a material change to these Terms or our Privacy Policy, we will email the address on your Rally account at least thirty (30) days before the change takes effect. The email will describe the change and its effective date, and the updated policy will be posted on the Platform.
- Continued use is acceptance. If you keep using the Platform after a change takes effect, you accept the updated Terms. If you do not agree to a change, stop using the Platform and delete your account before it takes effect.
- Keep your email current. Notices are sent to the email address on your account. You are responsible for keeping it up to date.
- No effect on existing disputes. A change does not apply to a dispute that arose before the change took effect, which remains governed by the Terms in effect when it arose.
- Other changes. We may make changes that are not material, such as clarifications and corrections, by posting the updated Terms with a new "Last Updated" date.
11. Contact Information
Keestone Innovations LLC
State of Formation: Wyoming, USA
Support Email: info@rally-platform.com