Draft: not yet reviewed
This is a working draft written to cover the structure a lawyer will expect. It is not legal advice and should be reviewed by counsel before launch. Bracketed items still need real values.
Terms of Service
Last updated: [date]
1. What Spread the Love is
Spread the Love lets you send a small gift (a treat funded by a local business, or in some cases one you pay for) to another person, who redeems it in person at that business. We operate the platform. We are not the business, we do not make or serve the item, and we are not a party to what happens at the counter.
2. Who can use it
You must be at least [13/16/18] years old to send or receive a gift. By using the service you confirm you meet that age and that the information you give us is accurate.
3. Sending a gift to someone else
When you send a gift you give us a phone number or email address for the recipient. You confirm you have that person's permission to contact them at it. We use it once, to deliver that gift, plus any message needed for that delivery. We do not add recipients to marketing lists. Do not use the note field to send abusive, harassing, or unlawful content. We may remove a gift and suspend an account for it.
4. Redeeming a gift
Each gift is a one-time code, valid only at the named business, only for the item described, and only until the expiry shown on it. Codes have no cash value, cannot be exchanged for money, and cannot be resold. A code is spent the moment it is redeemed. If you share it, whoever presents it first gets the item. Businesses may refuse a code that is expired, already used, or presented in bad faith.
5. Free promotional gifts
Most gifts are funded by the business as a promotion, subject to a limit they set. When that limit is reached the promotion ends, and gifts that have not been redeemed may expire unredeemed. Neither we nor the business owes anyone a replacement.
6. Paid gifts
Where you pay for a gift, the price shown at checkout is what you pay. [Payment processing, refunds, and the platform fee to be described here once Stripe is live.]
7. Businesses
Businesses on the platform pay a monthly membership of $150 for access to the platform. The cost of the items they give away is their own. Full business terms are in the separate merchant agreement.
8. Text messages (SMS)
Program name: Spread the Love Gift Updates.
If you choose to give us your own mobile number when you send a gift, and you tick the box agreeing to it, we will text you about that gift: when it is opened, when it is redeemed at the shop, and once before it expires if it hasn't been used. That is the whole programme. We do not send marketing texts, and we never text a number that someone else gave us.
Message frequency: varies, typically one to three messages per gift you send.
Message and data rates may apply. Your mobile carrier may charge you; we don't.
To stop: reply STOP to any message and we will stop immediately and send one confirmation.
For help: reply HELP, or email hello@spreadthelove.app.
Consenting to texts is optional and is never a condition of sending or receiving a gift. Carriers are not liable for delayed or undelivered messages.
9. Things we can't promise
We provide the service “as is.” We do not guarantee that a business will be open, that stock will be available, or that a gift will be delivered to a number or address you entered incorrectly. To the extent the law allows, our liability to you is limited to [the amount you paid us for that gift / $50].
10. Ending your use
You can stop using the service at any time. We may suspend accounts that abuse the service, including attempts to farm free promotions, forge codes, or harass recipients.
11. Changes and contact
We'll post changes here and update the date above. Questions: hello@spreadthelove.app. Governing law: [state/country].