Terms of Service
Last updated: [date]
1. Purpose and acceptance
These Terms govern the relationship between [Company legal name] ("Finvify") and everyone who uses the Platform, both creators and fans. By signing up or making a payment you accept these Terms. If you do not agree, do not use the Platform.
2. Definitions
• Creator: a user who publishes a page with their wishlist. • Fan: a user who visits a page and sends gifts, cash, tips or paid spins. • Wish: an item on a creator's list. It can be a gift (a product with a photo or link) or cash (an amount of money for a purpose stated by the creator). • Wheel: a tool that randomly selects one of the wishes chosen by the fan. • Contribution: any payment from a fan to a creator through the Platform (gift, cash, tip or paid spin).
3. Eligibility
• You must be at least 18 years old and legally able to enter into contracts. • You must provide accurate information and keep it up to date. • Each person may hold only one creator account. • Creators must verify their identity before receiving payouts. Finvify may request additional information to confirm age or identity and may suspend accounts that do not provide it.
4. Account and security
You are responsible for keeping your password confidential and for all activity on your account. Tell us immediately if you notice any unauthorised use.
5. Nature of the service
Finvify is a technology platform that lets creators publish wishes and fans make voluntary contributions. Finvify is not a party to the relationship between fan and creator and does not sell the products on the list, unless expressly stated. Contributions are voluntary gifts. The fan does not acquire any product, service, content or right from the creator in return, and the creator has no obligation to provide anything in exchange. Using the Platform to pay for services or content provided outside it is prohibited.
6. The wheel
The wheel randomly selects one of the wishes the fan has chosen beforehand. Each creator decides whether spinning is free or has a price per spin, which is shown before payment. The price of a spin is a contribution to the creator. The wheel does not award any prize or winnings to the person spinning, and after each spin the fan freely decides whether to send the selected wish, which is paid separately. The wheel is not a game of chance with a prize within the meaning of Spanish Law 13/2011 on gambling.
7. Prices, fees and payments
• Creators set the prices of their wishes, which are shown exactly as set. • Fans pay an 11% service fee on each contribution (minimum €2.50 per purchase), shown separately before confirming payment. • Finvify keeps a platform fee of 10% of the contributions received by the creator. • Payments are processed by [payment processor], an entity authorised to provide payment services. Finvify does not store your full card details. • Amounts are charged in the currency shown at the time of payment. Your bank may apply exchange fees.
8. Creator payouts
• A creator's balance becomes available for withdrawal after a holding period of [x] days from each contribution, intended to prevent fraud and chargebacks. • Before the first payout, the creator must complete the identity verification required by Spanish Law 10/2010 on the prevention of money laundering and terrorist financing, and provide a bank account in their own name. • Finvify may hold or suspend payouts where there are signs of fraud, prohibited activity, chargebacks or requests from authorities. • Creators are solely responsible for declaring their income and meeting their tax obligations. Where required by law, Finvify will report information to the Spanish Tax Agency, including the reporting required of platform operators under Law 13/2023 (implementing the DAC7 Directive).
9. How gifts work
When a fan pays for a gift, the amount (less the applicable fees) is credited to the creator's balance as a contribution towards that wish, so the creator can buy it herself. Finvify does not buy, sell, ship or guarantee products, and no address is shared between fans and creators. Product links are for reference only, and the creator is free to decide how to use the funds received.
10. Quantities and availability
Creators can limit how many times each wish can be bought. Once that limit is reached, the wish is no longer shown. If two fans buy the last one at the same time, the second payment will be cancelled and refunded.
11. Anonymous contributions
Fans can choose to send a contribution anonymously. In that case the creator will not see their nickname. Finvify does keep the payer details needed to process the payment, prevent fraud and comply with the law, as explained in the Privacy Policy.
12. Responsible use
Contributions should be made with your own money and within your means. In Settings you can set daily, weekly or monthly spending limits and temporarily pause your account. If you feel your spending is getting out of control, contact us.
13. Prohibited conduct and content
It is prohibited to: • Publish illegal content, content that infringes third-party rights or content involving minors. • Publish sexually explicit content or promote sexual services. • Impersonate another person or create misleading wishes. • Incite hatred, harass or threaten other users. • Use the Platform for fraud, money laundering or terrorist financing. • Use third-party cards or accounts without authorisation, or make abusive chargebacks. • Interfere with the technical operation of the Platform.
14. Moderation and reports
Finvify may review, restrict or remove content and suspend accounts that breach these Terms or the law, in accordance with Regulation (EU) 2022/2065 (Digital Services Act). If we take action, we will tell you why and you can appeal through the procedure described in "Rules & reporting".
15. User content
You keep the rights to the photos and text you upload. You grant us a non-exclusive, free, worldwide licence to host, display and technically adapt them solely to provide the service while they are published. You confirm you hold the necessary rights, including consent from anyone who appears in them.
16. Suspension and closure
You can close your account at any time from Settings. We recommend withdrawing your available balance first. If Finvify suspends an account for a breach, it may hold the balance for as long as needed to handle chargebacks, claims or legal requests. Any remaining legitimate balance will be paid to the creator when appropriate.
17. Liability
Finvify provides the service with due diligence but does not guarantee uninterrupted availability. Finvify is not liable for the relationship between fans and creators, for products sold by third parties or for content published by users, except where the law provides otherwise. Nothing in these Terms limits the rights that the law grants to consumers.
18. Changes
We may change these Terms for legal, technical or business reasons. We will give you reasonable notice of significant changes. If you continue using the Platform after they take effect, you are deemed to accept them.
19. Governing law and jurisdiction
These Terms are governed by Spanish law. If you are a consumer, you may bring claims before the courts of your place of residence and use the consumer arbitration system or the competent consumer authorities. For users who are not consumers, the parties submit to the courts of [city].
For any legal or data protection question, write to us at finvify@gmail.com.