TheoryOfKindness.com

Terms of Service

Last updated: October 25, 2026

These terms are an agreement between you and Goodness, LLC (“Theory of Kindness,” “we,” “us”), which operates TheoryOfKindness.com. They apply when you visit the site, create an account, run or join a fundraiser, or make a purchase or donation. By doing any of those things, you agree to these terms, and agreeing online counts the same as signing on paper.

Section 16 requires most disputes to be settled by individual arbitration instead of in court, and waives class actions. You can opt out within 30 days, as explained there.

1. How Theory of Kindness works

  • Organizations are the schools, teams, clubs, and programs that fundraisers raise money for.
  • Organizers create and run a fundraiser for an organization for a set period. Organizers can also choose 24 hours of early access before the official start and 24 hours of late ordering after the official end, and can extend a running fundraiser once, by up to 24 hours. “Ordering closes” means the end of the fundraiser, including any late ordering.
  • Sellers join a fundraiser and get a Pop-Up Store page to share with friends and family.
  • Supporters buy sensory toys or donate through a seller's store. You buy products directly from us: Theory of Kindness is the seller of record and handles payment, shipping, and customer service.

2. Accounts

  • Give us accurate information and keep your password secure. You're responsible for everything done with your account.
  • You must be at least 18 to create an account. A child may take part as a seller only through an account that their parent or legal guardian creates and manages. The parent or guardian is the account holder, agrees to these terms, and is responsible for how the account is used. A child's store should show only their first name.
  • Each seller may have only one seller account. Duplicate, fake, or impersonating accounts aren't allowed.
  • We may suspend or close accounts, stores, or fundraisers that break these terms or appear fraudulent or inappropriate.

3. Organizer responsibilities

When you create or run a fundraiser, you confirm that:

  • You're authorized by the organization to raise money for it and to use its name and any logos or images you add.
  • What you tell supporters about the fundraiser and how the money will be used is accurate and not misleading, and you'll correct it if anything changes.
  • The payout details you give us belong to the organization, and money paid out goes to the organization for the purpose you described. It isn't payment or compensation to you personally.
  • If you receive payouts on the organization's behalf, you'll pass the money to it promptly.
  • You'll follow the laws that apply to your fundraiser, including any registration or reporting rules for raising money.

Prizes, rewards, or other incentives an organizer offers sellers are between the organizer and the sellers; we aren't responsible for them.

4. Seller responsibilities

  • Each seller account must be part of an organizer's fundraiser.
  • What you post on your store must be accurate and must not mislead supporters about the fundraiser.
  • Use only content (names, photos, messages) you have the right to use.

5. Fundraiser rules

Fundraisers, stores, and messages may not:

  • raise money for anything illegal, or pretend to raise money for an organization that isn't involved;
  • raise money for an individual's personal benefit while presenting it as an organization's fundraiser;
  • contain hate, harassment, threats, sexual content, or anything inappropriate for a family audience;
  • share someone else's private information, or infringe anyone's copyright, trademark, or other rights;
  • be used for spam, fraud, testing stolen cards, or attempts to misuse or disrupt the site.

Fundraisers for political and religious organizations are welcome, as long as they follow these rules and the law. Organizers of political fundraisers are responsible for complying with any campaign-finance rules that apply. We may review, pause, or remove any fundraiser or store, and refund supporters, if we believe it breaks these rules.

6. Payouts

  • Organization share. The organization earns 50% of the price of toys sold through its fundraiser (not including shipping or sales tax) and 100% of donations. Theory of Kindness keeps the remaining 50% of toy sales, which covers products, payment processing fees, operations, and shipping costs not covered by shipping charges.
  • Timing. Payouts are sent after ordering closes, generally within 5–10 business days, by direct deposit through our payment partner Stripe or by another method we agree on. Timing isn't guaranteed and can be affected by bank, processor, or review delays.
  • Payout setup comes first. We can only send a payout once the organizer finishes payout setup. Direct deposit requires completing Stripe's account setup and agreeing to Stripe's Connected Account Agreement.
  • Our part ends at payout. Once we pay the organizer or organization, we aren't responsible for how the money is shared, used, or distributed, or for disagreements between organizers, sellers, and organizations about it.
  • Refunds, chargebacks, and failed payments. If an order is refunded, disputed with a card issuer (a chargeback), or its payment fails or is reversed, the organization's share of that order is removed. If the fundraiser was already paid out, that amount is deducted from future payouts to the same organization.
  • Payouts sent by mistake. If we pay too much or pay the wrong account because of an error, the extra money isn't yours. You agree to return it within 10 business days of our written request, and we may also deduct it from future payouts.
  • Holds for suspected fraud. If we suspect fraud or unauthorized activity, we may hold a payout while we investigate. We'll tell the organizer within 5 business days of starting a hold, and finish our review within 90 days unless the law or a court requires longer.
  • Payout questions. If you think a payout is missing or short, tell us in writing at policy@theoryofkindness.com within 6 months of when it was paid or should have been paid. After that, we can't reopen it.
  • Unclaimed payouts. If an organizer never finishes payout setup or we can't deliver a payout, we'll keep trying to reach them. If the payout still hasn't been claimed 13 months after ordering closes, we may donate the funds to a charitable organization of our choice, and the organization will no longer be owed them.
  • Taxes. Organizations and organizers are responsible for any tax and reporting obligations for money they receive. We may request tax information if the law requires it.
  • Theory of Kindness doesn't guarantee that any fundraiser will reach its goal.

7. Purchases and donations

  • Prices are in US dollars. Sales tax and shipping are added at checkout, and payment is processed securely by Stripe. You agree to pay the full amount, including for any payment that's later reversed.
  • The organization may use its share however it chooses; we don't restrict how it's spent. An organization named in a fundraiser may not have specifically reviewed or approved the fundraiser's wording.
  • Donations are voluntary gifts to the organization through Theory of Kindness. They are not refundable and are not tax-deductible.
  • Shipping, gift orders, toys donated to charity partners, cancellations, and refunds are covered by our Shipping & Returns policy. All sales are final.
  • We may cancel an order, with a full refund, if a product is unavailable or an order appears fraudulent.

8. School fundraisers and student information

Theory of Kindness is a commercial fundraising service, not an educational service, and isn't operated by or on behalf of any school. Information collected for a school-related fundraiser is used only to run the fundraiser and isn't part of a student's education records. Children take part only through parent- or guardian-managed accounts.

9. Your content

You keep ownership of what you post (store names, notes, photos, supporter messages). You give us permission to display and use it on the site and in fundraiser emails to run the fundraiser. Content must be appropriate for a family audience, and we may remove content at our discretion.

10. Our content and brand

The site, its design, text, images, and the Theory of Kindness name and logo belong to Goodness, LLC. You may share links to stores and fundraisers, but you may not copy or reuse our content or brand without permission.

11. Other companies' services

We rely on other companies to run parts of Theory of Kindness, such as Stripe for payments and payouts and shipping carriers for delivery, and the site links to sites like Facebook, X, and WhatsApp for sharing. Their services are governed by their own terms and policies, and we aren't responsible for them.

12. Product safety

Our products are intended for the ages stated on each product, and adult supervision is recommended for young children.

⚠️ WARNING: CHOKING HAZARD. Small parts. Not for children under 3 years. Not for consumption: do not eat or put slime, putty, or other products in the mouth.

13. Disclaimers and limits on our liability

The site and service are provided “as is” and “as available.” To the fullest extent the law allows, we don't make promises beyond those in these terms, including that the site will always be available, uninterrupted, or error-free. We aren't liable for indirect, incidental, special, or consequential damages, or for lost profits or funds, and our total liability for any claim is limited to the amount you paid us in the transaction the claim is about. Some places don't allow these limits, so they may not all apply to you.

14. Your responsibility for claims

If someone makes a claim against us because of content you posted, a fundraiser you ran, or your breaking these terms or the law, you agree to cover our reasonable costs, including legal fees.

15. Governing law

These terms are governed by the laws of the State of Texas and applicable US federal law, without regard to conflict-of-law rules.

16. Resolving disputes: arbitration

Please read this section carefully. It affects your legal rights.

  • Talk to us first. Before starting a claim, email policy@theoryofkindness.com with a description of the problem. We'll try to resolve it informally within 60 days.
  • Binding arbitration. If we can't resolve it, you and Goodness, LLC agree that any dispute arising from these terms or your use of Theory of Kindness will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this agreement to arbitrate. Hearings may take place by video or phone, or in the county where you live.
  • No class actions. Disputes are resolved only on an individual basis, not as a plaintiff or class member in any class, collective, or representative proceeding.
  • Exceptions. Either party may bring an individual claim in small claims court instead, and either party may ask a court to stop infringement or misuse of intellectual property.
  • Opting out. You can opt out of this arbitration agreement by emailing policy@theoryofkindness.com within 30 days of first accepting these terms.

17. Changes to these terms

We may update these terms. If a change is significant, we'll update the date above and notify account holders by email or on the site before it takes effect. Continuing to use Theory of Kindness after a change means you accept the updated terms.

18. General

  • These terms, with our Privacy Policy and Shipping & Returns policy, are the whole agreement between you and us.
  • If any part of these terms can't be enforced, the rest still applies.
  • If we don't enforce a part of these terms right away, we can still enforce it later.
  • We may transfer these terms to a company that takes over Theory of Kindness. You may not transfer them without our permission.
  • We aren't responsible for delays caused by events outside our reasonable control, such as carrier, weather, or service outages.
  • You agree that we can send notices and agreements to you electronically, by email or on the site.
  • Sections that by their nature should last, such as payouts owed, liability limits, and arbitration, continue after your account closes.

19. Contact

Goodness, LLC · PO Box 1234, McKinney, TX 75071 · policy@theoryofkindness.com (legal and privacy) · support@theoryofkindness.com (orders)