Terms of Service
Last updated: March 24, 2025
1. Operator and nature of the Service
The websites, applications, and related services for "Spill" and "AskSpill" (collectively, the Service) are operated by an individual as a proof of concept under those brands. The operator is not yet a registered corporation or LLC. By using the Service you contract with the operator in their capacity as operator of the Service, not with any separate corporate entity unless and until we notify you otherwise.
The Service may change, pause, or end at any time with or without notice. We do not guarantee uptime, availability, or continued operation.
2. Acceptance of Terms
By accessing or using the Service, you agree to these Terms of Service, our Privacy Policy, our Refund Policy, and our Community Guidelines, which are incorporated by reference. If you do not agree, do not use the Service.
3. Description of Service
Spill is a platform that allows users to send messages and optional monetary contributions ("donations," "tips," or "boosts") to creators. Accounts may be created using email, Google Sign-In, or other methods we offer. Payments are processed through Stripe (including Stripe Connect for creators where applicable).
Creators are independent third parties, not employees, agents, or partners of the operator. We do not control what creators post on Instagram, Snapchat, or other channels, how they use their Spill link, or what they say or do off-platform.
4. Eligibility
The Service is not intended for anyone under 13. If you are between 13 and the age of majority where you live, you may only use the Service with a parent or legal guardian's permission where required by law.
By making a payment, you represent that you are of legal age to enter into a binding contract in your jurisdiction (often 18+) and that you have the legal right to use the payment method provided.
5. User accounts
Account creation: You are responsible for all activity under your account and for keeping your credentials secure.
Username: You must choose a unique username where required. Usernames may not be changeable after creation; see in-product flows for current rules.
Termination: You may delete your account where the product allows. We may suspend or terminate accounts that violate these Terms, our Community Guidelines, applicable law, or our payment processors' rules, or that present fraud or abuse risk.
6. User conduct and content
You agree not to:
- Violate our Community Guidelines or applicable law
- Send harassing, threatening, abusive, hateful, or sexually exploitative content
- Impersonate others or misrepresent your affiliation
- Use the Service for fraud, spam, malware, or unauthorized access
- Circumvent security, rate limits, or payment rules
Your content: You retain ownership of messages you send. By using the Service you grant the operator a worldwide, non-exclusive license to host, store, display, and process your content solely to operate and improve the Service, enforce our policies, and comply with law.
Creators are responsible for their own conduct and marketing. The operator does not endorse creator content or third-party posts.
7. Payments and donations
Processing: Payments are processed by Stripe. You agree to Stripe's terms and privacy practices. We may receive limited metadata about transactions (e.g., amounts, status) but not your full card details.
Voluntary tips: Donations and boosts are voluntary. They are not purchases of goods or services from the operator unless expressly stated at checkout. Refunds are limited as described in our Refund Policy. Chargebacks and card-network disputes may still occur and are governed by Stripe and your issuer.
Platform fees: We may retain a portion of certain payments as a platform fee, as disclosed at or before payment. Remaining amounts may be transferred to creators via Stripe Connect subject to Stripe rules and timing.
Taxes: You are responsible for any taxes arising from your use of the Service or receipt of payments. We do not provide tax advice.
8. Third-party services
The Service relies on third parties (e.g., Stripe, Google, Firebase, hosting providers). Their terms and outages may affect the Service. We are not responsible for third-party acts or omissions.
9. International use
The Service is operated from the United States. If you access it from other countries, you do so on your own initiative and are responsible for compliance with your local laws. We make no representation that the Service is appropriate or available everywhere.
10. Intellectual property
The Spill name, logos, and Service branding and software are owned by the operator or licensors and are protected by intellectual property laws. You may not copy or misuse them without permission.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
We do not warrant uninterrupted or error-free operation, that defects will be corrected, or that the Service or servers are free of harmful components.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS, ARISING FROM YOUR USE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE TOTAL AMOUNT OF FEES RETAINED BY US (NOT PASSED THROUGH TO CREATORS OR PAYMENT PROCESSORS) FROM YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES OUR LIABILITY IS LIMITED TO THE MAXIMUM PERMITTED BY LAW.
13. Indemnification
You agree to indemnify, defend, and hold harmless the operator from claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your content, your violation of these Terms, or your violation of others' rights.
14. Disputes; governing law
These Terms are governed by the laws of the United States and the State of Delaware, excluding conflict-of-law rules, except where preempted by U.S. federal law.
You agree that exclusive jurisdiction for disputes arising from these Terms or the Service lies in the state and federal courts located in Delaware, and you consent to personal jurisdiction there, except that the operator may seek injunctive relief in any court of competent jurisdiction.
15. Changes
We may modify these Terms at any time. We will post updates on this page and update the "Last updated" date. Material changes may require additional notice where required by law. Continued use after changes constitutes acceptance.
16. Contact
Questions: support@askspill.com
These Terms do not constitute legal advice. Consider consulting an attorney for your situation.