GifKard Terms of Service

1. Agreeing to these terms

By using GifKard you agree to these terms and to our Privacy Policy. If you use GifKard for an organization, you agree for it. GifKard is run by [company legal name] ("we" and "us").

2. Who can use it

You must be at least 13. To pay, receive a payout, take a gift card or sell in the shop, you must be 18 or older (or an adult where you live) and in the United States.

For review: Confirm the age rules, including for contributors, who need no account.

3. Accounts and private links

Organizers and shops sign in with their email address. A card's invite link lets anyone who has it add a clip or a gift. The recipient's private link lets anyone who has it watch the reel and claim the gift. Treat these links like keys: you're responsible for whom you share them with. If a link reaches someone it shouldn't, tell us at hello@gifkard.app.

For review: Before real money, claiming a gift will also need a check that it's really the recipient (a code to their email or phone).

4. Your content

You own what you add: videos, notes, songs, photos and product listings. You give us a worldwide, non-exclusive, royalty-free license to store, copy, convert, combine and show it (for example, adding titles, names, music and effects, and joining clips into one reel), only to run GifKard for that card or shop, including sending it to the card's organizer, recipient and contributors. The license ends when the content is deleted, except for copies in backups for a limited time and records we have to keep.

You promise you have the rights and permissions needed: everyone recognizable in your video agreed to be in it, and you're allowed to use any music you upload. Cards are private links, not public posts, but music still needs permission.

Don't add anything illegal, sexually explicit, hateful, harassing, threatening or violent; anything that infringes someone's rights or invades their privacy; anything that sexualizes or endangers a minor; or spam or malware. We may remove content, close cards or accounts, and report illegal content to the authorities.

5. Copyright complaints

If you think something on GifKard infringes your copyright, send a notice to hello@gifkard.app with the details the Digital Millennium Copyright Act asks for. We remove infringing content and close the accounts of repeat infringers.

For review: Register a DMCA designated agent with the US Copyright Office before launch.

6. Gifts of money

• While a card is open, contributors can chip in a gift. The giver pays the gift plus GifKard's fee (5% of the gift plus 30¢), shown before paying, so the recipient gets the whole gift. Stripe processes the payment; card details go to Stripe, not to us.
• We receive the payments and keep them until the recipient claims the gift. To claim, the recipient sets up a payout account with Stripe (identity and a US bank account), under Stripe's Connected Account Agreement; each gift is then sent to them. Payouts depend on Stripe's checks and timing, and a first payout can take a week or more.
• The organizer can refund a gift until the recipient's payout account can receive it. If the organizer deletes the card before the recipient receives the gifts, every gift not yet received is refunded in full, our fee included. Once a gift has been sent to the recipient or turned into a gift card, it can't be refunded.
• If a payment is disputed or turns out to be fraudulent, we may hold or reverse the gift and limit the card.
• The recipient is responsible for any taxes on what they receive.

For review: Describe the flow of funds precisely, decide what happens to gifts nobody claims (for example, refunded after a set time), and check whether pooling gifts needs any money transmission license.

7. Store gift cards

Instead of a payout, the recipient can take the gifts as an eGift card from one of the listed stores (Amazon.com, Walmart, Target, Starbucks, The Home Depot, Best Buy), provided by our partner Tremendous. Once chosen, every gift on the card goes the same way. Gift cards can't be refunded, exchanged or turned back into money, and the store's own terms apply. The stores don't sponsor GifKard, and their names belong to them. A gift card opens on the phone that chose it; we can help move it to another phone after checking it's you.

For review: Check gift card and prepaid access rules for buying gift cards with pooled money.

8. The gift shop

For givers: products are sold by independent shops. We take the payment (the price, shipping and our fee) and pay the shop a week after it ships. The recipient gives the shipping address; the giver never sees it. An order that isn't shipped in time, is declined, or can't go out because no address was given is refunded in full.

For shops: you're responsible for your listings and products (they must be legal and safe, and yours to sell), for shipping on time with tracking, and for following the law, including product safety and taxes. Listing costs $9.99 a month after a 30-day free trial, billed by Stripe; cancel any time in the billing page. For each order you're paid the price and shipping a week after you mark it shipped with tracking, through your Stripe payout account; a payment the giver disputes or that's refunded in that week puts the payout on hold. We review shops and products and may refuse, pause or remove them; their unshipped orders are then refunded.

Not allowed in the shop: weapons, drugs, alcohol, tobacco or vaping products, adult products, gift cards or other cash equivalents, live animals, and counterfeit, stolen or recalled goods.

For review: Returns for damaged or wrong items; marketplace facilitator sales tax duties; the final prohibited items list.

9. Ads

Some pages show ads labeled "Sponsored", chosen by the page and the occasion, never by who you are, and never on sympathy, get-well or thinking-of-you cards. Advertisers are responsible for their own offers and sites.

10. Using the service fairly

Don't misuse GifKard: no scraping, probing or breaking our security, no getting around limits, no fake or stolen payments, no using gifts to move money for anything but a gift, and no pretending to be someone else.

11. Ending things

You can stop using GifKard at any time, and organizers can delete their cards. We may suspend or end access for breaking these terms or to protect people; gifts the recipient hasn't received are then refunded as described above.

12. Disclaimers and limits

GifKard is provided "as is". We work hard to keep videos and gifts safe, but we can't promise the service will always work or that a card will arrive on time. To the extent the law allows, we aren't liable for indirect or consequential losses, and our total liability to you is limited to the greater of $100 or the fees you paid us in the last 12 months.

For review: Standard warranty disclaimers, liability cap and indemnity.

13. Disputes

Before making a claim, please contact us at hello@gifkard.app so we can try to put it right. [Governing law, courts or arbitration, to be decided.]

For review: Choose governing law (Illinois?), venue or arbitration, and whether to include a class action waiver.

14. Changes

We may update these terms. We'll post the new version with a new date and tell organizers about important changes. Using GifKard after that means you accept them.

15. Contact

hello@gifkard.app, [company legal name], [mailing address].