Terms of Service

Last updated: February 2025

Welcome to Spivvy! These Terms of Service ("Terms") govern your access to and use of the Spivvy mobile application and related services (collectively, the "Service"). Please read these Terms carefully before using Spivvy.

By creating an account or using Spivvy, you agree to be bound by these Terms, our Privacy Policy, and our Community Guidelines. If you do not agree to these Terms, do not use the Service.

1. About Spivvy

Spivvy is a peer-to-peer campus marketplace that connects college students to buy, sell, and rent items within their university community. Spivvy acts solely as an intermediary platform — we do not own, sell, or rent any items listed on the Service. All transactions are between users ("Buyers" and "Sellers").

2. Eligibility

2.1 Age Requirement

You must be at least 18 years old to use Spivvy. If you are between 13 and 17 years old, you may only use Spivvy with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

2.2 Student Verification

Spivvy is exclusively for college students. To create an account, you must:

• Be currently enrolled at a participating university
• Register using a valid university email address (e.g., @umich.edu)
• Provide accurate and complete registration information

2.3 Account Restrictions

You may only maintain one Spivvy account. Creating multiple accounts, using false information, or registering with someone else's credentials is prohibited and may result in immediate termination.

3. Account Registration and Security

3.1 Account Creation

To use Spivvy, you must create an account by providing your university email address, creating a password, and completing your profile. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account

3.2 Account Responsibility

You are solely responsible for all activity that occurs under your account, whether or not you authorized it. Spivvy is not liable for any loss or damage arising from unauthorized use of your account.

4. The Marketplace

4.1 Listings

Sellers may create listings for items they wish to sell or rent. By creating a listing, you represent and warrant that:

• You own the item or have the legal right to sell or rent it
• The item description, photos, and pricing are accurate and not misleading
• The item is not prohibited under Section 8 of these Terms
• You have the right to transfer ownership or possession of the item

4.2 Transactions

All transactions on Spivvy are directly between Buyers and Sellers. Spivvy is not a party to any transaction and does not guarantee any transaction will be completed.

4.3 Meetups and Exchanges

Spivvy facilitates local, in-person exchanges between students on the same campus. We strongly recommend:

• Meeting in public, well-lit areas on campus
• Bringing a friend to exchanges when possible
• Inspecting items thoroughly before payment
• Never sharing personal information beyond what's necessary

5. Buying on Spivvy

5.1 Making Offers

Buyers may submit offers on listed items. An offer is not binding until accepted by the Seller. Once an offer is accepted, both parties are expected to complete the transaction in good faith.

5.2 Payment

All payments on Spivvy are processed through our third-party payment provider, Stripe. By making a purchase, you agree to Stripe's terms of service. Payment is held securely until the transaction is completed.

5.3 Buyer Responsibilities

As a Buyer, you agree to:

• Only submit offers you intend to honor
• Complete payment promptly when an offer is accepted
• Meet the Seller at the agreed-upon time and location
• Inspect items before confirming receipt
• Report any issues through Spivvy's dispute process

6. Selling on Spivvy

6.1 Seller Responsibilities

As a Seller, you agree to:

• Provide accurate descriptions and clear photos for all listings
• Respond to offers and messages in a timely manner
• Honor accepted offers and complete transactions
• Provide items as described in the listing
• Meet Buyers at agreed-upon times and locations

6.2 Platform Fees

Spivvy charges a platform fee on completed transactions:

• Sales: 5% of the transaction amount
• Rentals: 5% of the rental amount

Fees are deducted from the Seller's payout. Spivvy reserves the right to modify fees with reasonable notice to users.

7. Rentals

7.1 Rental Terms

Spivvy allows users to rent items for specified periods. Rental transactions include a daily rental rate set by the Seller, an agreed-upon rental period, and payment authorization at the start of the rental.

7.2 Returning Rented Items

Renters must return items by the agreed-upon return date, in the same condition as received (normal wear excepted), at the agreed-upon location.

7.3 Late Returns

If you fail to return a rented item by the due date:

• Late fees will be charged at 1.5x the daily rental rate for each day late
• Continued failure to return items may result in the full item value being charged and account suspension

7.4 Damage Claims

If a rented item is returned damaged beyond normal wear, the Seller may file a damage claim within 7 days of return. Damage claims require photo evidence, and disputed claims will be reviewed by Spivvy.

8. Prohibited Items and Conduct

8.1 Prohibited Items

The following items may not be listed on Spivvy:

• Illegal items or items that promote illegal activity
• Weapons, firearms, ammunition, or explosives
• Drugs, drug paraphernalia, or controlled substances
• Alcohol, tobacco, or vaping products
• Stolen property or counterfeit items
• Hazardous materials
• Adult content or sexually explicit materials
• Items that infringe intellectual property rights
• Academic materials that facilitate cheating

8.2 Prohibited Conduct

Users may not harass other users, post fraudulent content, circumvent Spivvy's payment system, use the Service for illegal purposes, or violate any applicable laws.

9. Payments and Fees

All payments are processed by Stripe. By using Spivvy, you agree to Stripe's Services Agreement. Refund eligibility depends on the circumstances of each transaction.

10. Disputes

We encourage users to resolve disputes directly through the in-app messaging system. If you cannot resolve a dispute, you may file a report through Spivvy. Spivvy may assist in mediating disputes but is not liable for the outcome of any transaction.

11. Intellectual Property

The Spivvy name, logo, app design, and all related intellectual property are owned by Spivvy. You retain ownership of content you post on Spivvy, but grant us a license to use, display, and distribute your content in connection with the Service.

12. Disclaimers

13. Limitation of Liability

To the maximum extent permitted by law, Spivvy shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service. In no event shall Spivvy's total liability exceed the greater of the fees paid by you in the twelve months prior to the claim, or one hundred dollars ($100).

14. Indemnification

You agree to indemnify and hold harmless Spivvy from any claims, damages, losses, and expenses arising out of your use of the Service, your violation of these Terms, or any transaction you enter into with another user.

15. Termination

You may delete your account at any time through the app settings. Spivvy may suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or conduct harmful to other users.

16. Modifications to Terms

Spivvy may modify these Terms at any time. We will notify you of material changes through the app or via email. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

18. Contact Us

Spivvy
Email: support@spivvy.app