⚠ Key Concerns

Kickstarter explicitly states that backing is not a purchase. Creators are obligated to make a "good faith effort" to deliver rewards, but there's no legal guarantee of delivery. Many backers have lost money on projects that failed to deliver.

Score Breakdown by Category

How Kickstarter's terms rate across my evaluation categories.

💰 Payment & Fee Transparency (30%) 48/100

Why this score: Kickstarter charges a 5% platform fee plus 3-5% payment processing fees. The all-or-nothing model means creators only pay if funded, but the combined 8-10% take is substantial. Fee structure is clearly disclosed in their Terms of Use.

Industry comparison: Ko-fi: 55/100 (0% on donations) | Patreon: 45/100 (5-12% tiers) | GoFundMe: 42/100 (transaction fees only) | Category avg: 47/100

⚖ Dispute Resolution (20%) 35/100

Why this score: Kickstarter provides no mediation between backers and creators. Failed projects are between you and the creator. The platform may suspend creators who don't fulfill obligations, but backers have limited recourse for recovery. Mandatory arbitration with class action waiver applies.

Industry comparison: Ko-fi: 45/100 (simpler direct disputes) | Patreon: 40/100 (charge dispute process) | GoFundMe: 38/100 (guarantee limited) | Category avg: 40/100

🔒 Backer & Creator Rights (20%) 50/100

Why this score: Creators retain full IP rights to their projects. Kickstarter only gets a license to display campaign content. However, backers are explicitly told they're not purchasing a product, creating ambiguity around consumer protection laws.

Industry comparison: Ko-fi: 55/100 (clear creator ownership) | Patreon: 52/100 (creator-first model) | GoFundMe: 45/100 (donation model) | Category avg: 50/100

👁 Account & Termination Rights (15%) 45/100

Why this score: Kickstarter can suspend or remove projects at their discretion for policy violations. Creators risk losing their campaign mid-funding. Appeals process exists but outcomes are not guaranteed.

Industry comparison: Ko-fi: 52/100 (more lenient policies) | Patreon: 42/100 (strict content guidelines) | GoFundMe: 40/100 (campaign removal common) | Category avg: 45/100

📦 Project Delivery Accountability (15%) 38/100

Why this score: Creators must make a "good faith effort" to deliver, but this is vague and hard to enforce. No refund mechanism exists within the platform. Failed projects may result in creator suspension but backers often lose their money.

Industry comparison: Ko-fi: 50/100 (tip model, lower expectations) | Patreon: 48/100 (ongoing delivery) | GoFundMe: 35/100 (no delivery expected) | Category avg: 43/100

Compare With Other Platforms

⚠ Key Clauses to Watch

These provisions in Kickstarter's terms create the most risk for backers and creators.

No Guarantee of Project Delivery

High Risk

Kickstarter explicitly states that backing a project is not a purchase. Creators are only required to make a "good faith effort" to deliver rewards, with no legal guarantee.

"Kickstarter does not guarantee that projects will be completed or that backers will receive rewards." Kickstarter Terms of Use

Platform Fees + Payment Fees Stack

High Risk

Creators pay 5% to Kickstarter plus 3-5% in payment processing. On a $10,000 campaign, you're giving up $800-$1,000 before any production costs.

"Kickstarter charges a 5% fee on the total funds collected. Our payment partners charge separately for payment processing." Kickstarter Fee Structure

Payout Holds and Delays

High Risk

Funds are released approximately 14 days after campaign end, but Kickstarter can hold funds longer for verification or if issues arise. Some creators wait weeks or months.

"We may delay payment of funds... if we reasonably believe there may be a risk of fraud, chargebacks, or other issues." Kickstarter Payment Terms

Content Policy Enforcement

High Risk

Kickstarter can remove projects for violating community guidelines. The rules are broad and enforcement can seem arbitrary, with creators losing campaigns mid-funding.

"We reserve the right to remove any project... that violates these terms or our community guidelines, at our sole discretion." Kickstarter Terms of Use

Refund Limitations for Backers

Medium Risk

Backers cannot get refunds through Kickstarter. If a project fails, your only option is to pursue the creator directly or dispute with your credit card company.

"Kickstarter is not obligated to provide refunds... Backers should communicate directly with creators about refund requests." Kickstarter Backer FAQ

All-or-Nothing Funding Model

Medium Risk

Projects must reach their funding goal or receive nothing. This can lead to artificially low goals, meaning projects get funded without enough money to actually deliver.

"If a project doesn't reach its funding goal, no money changes hands. Backers are charged only when a project reaches its goal." Kickstarter How It Works

Analysis

"Kickstarter's fundamental model creates a legal gray area. Backers aren't customers, creators aren't sellers, and the platform isn't a marketplace in the traditional sense. This ambiguity works in Kickstarter's favor while leaving both backers and creators with less protection than they might assume.

The 'good faith effort' standard for creators is nearly impossible to enforce. A creator can legitimately fail to deliver due to unforeseen challenges, and there's no mechanism to distinguish that from negligence or fraud. Backers should treat every pledge as a donation with potential upside.

My recommendation: Only back projects you can afford to lose. For creators, build substantial buffer into your funding goals and timeline estimates. And everyone should document everything - if disputes arise, your paper trail is your best protection."

Kickstarter Terms of Service Review

⚠ Key Concerns

Score Breakdown by Category

Compare With Other Platforms

⚠ Kickstarter Issues?

⚠ Key Clauses to Watch

No Guarantee of Project Delivery

Platform Fees + Payment Fees Stack

Payout Holds and Delays

Content Policy Enforcement

Refund Limitations for Backers

All-or-Nothing Funding Model

Analysis

Need Help With Kickstarter?

Schedule a Consultation

Kickstarter Terms of Service Review

⚠ Key Concerns

Score Breakdown by Category

Compare With Other Platforms

⚠ Kickstarter Issues?

Related Resources

⚠ Key Clauses to Watch

No Guarantee of Project Delivery

Platform Fees + Payment Fees Stack

Payout Holds and Delays

Content Policy Enforcement

Refund Limitations for Backers

All-or-Nothing Funding Model

Analysis

Need Help With Kickstarter?

Schedule a Consultation