These Terms of Service ("Terms") govern your access to and use of givestake.com and any related services (the "Service") provided by Stake ("Stake," "GiveStake," "we," "us," or "our"). By using the Service, you agree to be bound by these Terms.
1. The Service
Stake provides a gift notification experience that lets a sender designate a recipient and notify that recipient of a gift via SMS text message. The Service is currently offered in demo mode and does not process payments. Investment-related visuals are illustrative only and are not investment advice, an offer to sell securities, or a guarantee of any return.
2. Eligibility & Accounts
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service as a sender. You are responsible for the accuracy of information you provide and for maintaining the confidentiality of your account credentials.
3. User Responsibilities
- You will only submit phone numbers for recipients who have given you permission to contact them via SMS for the purpose of receiving a gift notification.
- You will not use the Service to send unlawful, harassing, deceptive, or unsolicited messages, or to violate any applicable law including the TCPA, CAN-SPAM, or carrier rules.
- You will not attempt to disrupt, reverse engineer, scrape, or gain unauthorized access to the Service.
4. Recipient Responsibilities
Recipients who receive SMS notifications may reply STOP at any time to opt out of future messages, or HELP for assistance. By claiming a gift, a recipient agrees to these Terms and our Privacy Policy.
5. SMS Messaging Terms
- Message frequency varies based on gift activity.
- Message and data rates may apply.
- Reply STOP to opt out. Reply HELP for help.
- Supported carriers are not liable for delayed or undelivered messages. We use Twilio, Inc. as our SMS provider.
6. No Guarantee of Delivery or Timing
SMS delivery depends on third-party carriers, recipient devices, and network conditions outside our control. We do not guarantee that any message will be delivered, delivered on time, or received in a particular form. The Service is provided on an "as is" and "as available" basis.
7. Intellectual Property
The Service, including all software, content, trademarks, and design elements, is owned by Stake or its licensors and is protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose.
8. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STAKE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
10. Indemnification
You agree to indemnify and hold harmless Stake from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another.
11. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason including violation of these Terms. You may stop using the Service at any time.
12. Dispute Resolution & Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may bring claims in small-claims court where eligible. You and Stake waive any right to a jury trial and to participate in a class action.
13. Changes to These Terms
We may update these Terms from time to time. Material changes will be posted on this page with an updated "Last updated" date. Continued use of the Service constitutes acceptance of the updated Terms.
14. Contact
Questions about these Terms? Contact us at hello@givestake.com.