Out of the Mattress Commercial Services Terms of Service

Last updated: August 21, 2026

These terms govern financial education services provided for the client organization named on the booking confirmation or invoice (“you,” the “Client”). In these terms, “we” and “us” mean Build Up, Inc., a 501(c)(3) nonprofit, acting through its fiscally sponsored project Out of the Mattress (“OOTM”).

The current version of these terms is posted at outofthemattress.org/legal/commercial-terms. The version posted on the date of your booking confirmation applies to that engagement.

1. The services

We deliver financial education for your employees or members, taught by an OOTM instructor, covering practical U.S. personal finance topics for immigrant workers (for example: budgeting, banking, retirement accounts, and building savings). Your written booking confirmation defines the specific service (most commonly a 90-minute workshop, or a multi-session cohort program), along with topics, dates, times, and format (on-site at your location or live online). In these terms, “the Services” means the service described in that confirmation.

2. Fees and payment

The fee for the Services is the amount stated on your invoice, payable by the payment link we provide (processed by Stripe™ on behalf of Build Up, Inc.). Payment is due within 15 days of the date of the invoice and no later than 5 business days before the Services begin. For on-site engagements outside New York City, our fee includes reasonable travel expenses, at cost. We will obtain your approval for these travel expenses when we accept the engagement.

The fee is payment for services. It is not a charitable contribution and is not tax-deductible as one.

3. Cancellation and rescheduling

If you need to cancel or reschedule the Services, you may be eligible for a partial or full refund based upon the amount of advance notice you provide to us.

• More than 30 days’ written notice: you have the option to reschedule at no charge or receive a full refund of any prepaid fees.
• 30 days to 5 business days: you have the option to receive a refund of 75% of the fee (or, if you have not prepaid the fee, you will owe us 25% of the fee), or you may apply the full fee to one rescheduled date within 90 days of the originally scheduled Service.
• Fewer than 5 business days: the full fee is due and you will not receive a refund of any prepaid fees. If you have not prepaid the fee, you will owe us the full fee.
• You may reschedule once. If you then cancel the rescheduled Services, the full fee is due.
• If we must cancel due to illness or emergency, you may choose to receive a full refund of any prepaid fees or to reschedule the Services. That is your sole remedy.

4. What you provide

You are responsible for inviting and confirming attendees, and for providing the venue. For on-site sessions, the venue must be a non-public room with a screen or projector. For online sessions, we will send you an invitation and link for a video call. The expected number of participants is agreed at booking; the fee for the Services does not change if the number of attendees changes.

5. Materials and recording

We have dedicated time and expertise in creating the materials for our programs. The materials we prepare and share are our intellectual property and are protected by copyright and trademark laws. You and your participants may keep and use the materials we share for personal use only. You may not record any session, or copy or share our materials beyond your participants, without our written permission.

6. Education, not advice

The Services are general financial education. They are not individualized financial, investment, legal, or tax advice, and we do not recommend or sell any financial product. Participants make their own financial decisions. Nothing in the Services creates an advisor-client relationship.

7. Confidentiality

We will not share what a participant discloses during the Services outside the session, except as required by law. During group sessions, we can’t control what other participants repeat. While we ask everyone in the group not to share details outside the session, please be aware that we do not have the ability to control the actions of the participants.

8. Marketing

With your permission, we will name you as a client on our website and in funding materials. We’ll only use your logo or quote you or your team if you say yes in writing, such as an email or online consent form. You can withdraw that permission at any time.

9. Liability

Each party’s total responsibility under these terms is limited to the fee paid or payable for the Services, and neither of us is responsible for indirect or consequential damages. This limit doesn’t apply to gross negligence or willful misconduct.

10. If something beyond our control happens

If an event beyond either party’s reasonable control (such as illness, a natural disaster, loss of electricity or internet, or a transit shutdown) prevents us from performing the Services, our Services will be postponed, not cancelled. No cancellation fees under Section 3 will apply, and we reschedule the Services for a mutually agreeable date that is within 6 months of the originally scheduled date of Services or we will refund the fee in full.

11. The legal basics

We are an independent contractor: performing the Services for you doesn’t make us your employee, your agent, or a provider of employee benefits. These terms, together with your written booking confirmation, are the whole agreement between us, and any changes need to be in writing (email is sufficient). These terms are governed by New York law, and any dispute will be handled in the state or federal courts in New York. If a court finds any part of these terms unenforceable, the rest still applies.

Questions: larissa@outofthemattress.org

By signing the booking confirmation or paying the invoice for the Services, you accept these terms.