GetSpoiled Terms of Service

Effective date: October 25, 2026
Last updated: October 25, 2026

PLEASE READ THESE TERMS CAREFULLY. SECTION 15 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT OR JOIN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 15.8.

Acceptance of These Terms

These Terms of Service ("Terms") are a legally binding agreement between you and GetSpoiled ("GetSpoiled," "we," "us," or "our") governing your access to and use of getspoiled.io and any related websites, applications, features, and services (together, the "Services").

By creating an account, clicking "I agree" or a similar button, sending or receiving a gift, or otherwise accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

Capitalized terms such as "Wisher," "Spoiler," "Wishlist," "Gift," "Featured Placement," "Payment Processor," and "Third-Party Retailer" have the meanings given in our Privacy Policy and in these Terms.

1. About GetSpoiled and Our Role

GetSpoiled is an online venue that lets Wishers display Wishlists and lets Spoilers send them Gifts. GetSpoiled is a technology platform only. We are not a party to any Gift or any relationship between users, and:

We do not buy, sell, stock, ship, deliver, or fulfill any product, and we are not the seller of any item on a Wishlist.
We do not guarantee that any Wisher will receive a Gift, that any Gift will arrive, or that any item matches its description, price, or availability.
We do not verify the identity, statements, intentions, or social media accounts of users, except as needed for payment processing, and we make no promises about any user.
We are not an employer, agent, talent manager, or representative of any Wisher, and no partnership, joint venture, or agency relationship exists between GetSpoiled and any user.
GetSpoiled is not a dating, escort, companionship, or relationship service. Nothing on the Services may be used to arrange meetings, personal services, or any form of compensated companionship.
We are not a bank, money transmitter, escrow agent, or financial institution. Payments are processed by our third-party Payment Processor.

You are solely responsible for your interactions with other users, both on and off the Services.

2. Eligibility and Accounts

Eligibility. You may use the Services only if you: (a) are at least 18 years old and the age of majority where you live; (b) can form a binding contract; (c) are not barred from using the Services under any applicable law; (d) are not on any U.S. government sanctions or restricted-party list and are not located in a country subject to comprehensive U.S. sanctions; and (e) have not previously been suspended or removed from the Services.

Your account. You agree to provide accurate, current, and complete information and to keep it updated. You may not impersonate anyone, create an account for someone else, or create more than one account without our permission. You are responsible for all activity under your account and for keeping your password confidential. Notify us immediately at info@getspoiled.io of any unauthorized use. We are not liable for any loss caused by unauthorized use of your account.

Verification. We or our Payment Processor may require identity, age, tax, or bank verification at any time, and may restrict your account until verification is complete. You authorize us and our Payment Processor to make inquiries to verify your information.

Electronic communications. You consent to receive notices, agreements, disclosures, and other communications from us electronically, by email or through the Services, and agree that they satisfy any legal requirement that such communications be in writing.

3. Terms for Wishers

Profiles and Wishlists. You are solely responsible for your profile, Wishlist, and everything you post. You represent that all items, prices, links, and descriptions are accurate, lawful, and that you have the right to post them. Items in the "Luxury" category or any other category are listed at your own discretion and are subject to the same rules.

No obligations to Spoilers. You may not promise, offer, or provide anything in exchange for a Gift, including personal contact, private content, meetings, services, or attention. Gifts must be received as unconditional gifts only.

Payouts. Where the Services support monetary Gifts or gift funds, payouts are made through our Payment Processor, minus applicable platform fees, processing fees, refunds, chargebacks, reversals, and any amounts you owe us. Payout timing depends on our Payment Processor and may be delayed for verification, fraud review, or legal reasons. We may hold, offset, or withhold payouts if we suspect fraud, a violation of these Terms, or a pending dispute, and we may recover any negative balance from future payouts or from you directly.

Taxes. You are solely responsible for determining, reporting, and paying all taxes that apply to Gifts and payouts you receive. We or our Payment Processor may collect tax information and issue tax forms (such as Form 1099-K) where required by law. We do not provide tax, legal, or financial advice.

Shipping information. You are responsible for providing an accurate shipping address and for any consequences of an inaccurate or outdated address, including lost, misdelivered, or returned Gifts.

Third-party wishlists. If you link a wishlist hosted by a Third-Party Retailer, you are responsible for that retailer's privacy and address settings. GetSpoiled is not responsible for any information a retailer reveals.

4. Terms for Spoilers

Gifts are voluntary and unconditional. Every Gift is a voluntary, unconditional gift made at your sole discretion. By sending a Gift, you acknowledge and agree that:

You are not purchasing any product, content, service, communication, attention, relationship, or anything else from the Wisher or from GetSpoiled.
You have no expectation of, and the Wisher has no obligation to provide, anything in return, including a reply, thanks, contact, or continued activity on the Services.
Gifts are final once completed. You are not entitled to a refund because you changed your mind, the Wisher did not respond, or the Wisher closed their account.
You are sending a Gift with your own funds, using a payment method you are authorized to use.

Gift amounts. You are responsible for confirming the recipient, item, and amount before completing a Gift. We are not responsible for Gifts sent to the wrong Wisher or in the wrong amount because of your error.

Anonymity. If you choose to gift anonymously, we will hide your name from the Wisher on the Services. However, Third-Party Retailers may display information according to their own practices, and we may disclose your identity where required by law or to investigate fraud or abuse.

Spending responsibly. Only give what you can comfortably afford. We may set limits on the size or frequency of Gifts to protect users and prevent fraud.

5. Fees, Payments, Refunds, and Chargebacks

Platform fees. GetSpoiled charges a platform fee on each Gift transaction, which is shown to you before you confirm the transaction. Fees may be deducted from the Gift amount, added at checkout, or both, as displayed. We may change our fees at any time, and changes apply only to transactions made after the change is posted. All fees are non-refundable except where required by law.

Payment processing. Payments are processed by our third-party Payment Processor, and you agree to its terms of service. By providing a payment method, you authorize us and our Payment Processor to charge the full amount shown, including fees and applicable taxes. We are not responsible for errors, delays, or failures caused by the Payment Processor, your bank, or your card issuer.

Refunds. All Gifts and fees are final and non-refundable, except: (a) where a Gift could not be completed or delivered and the Third-Party Retailer or Payment Processor returns the funds to us; (b) where we decide, in our sole discretion, that a refund is appropriate because of fraud or a technical error on our part; or (c) where required by law. Refunds for retailer purchases are governed by the Third-Party Retailer's return policy.

Chargebacks. If you file a chargeback or payment dispute for a Gift you authorized, we may suspend or close your account, and you agree to reimburse us for the disputed amount and any fees we incur. Filing a false chargeback is a violation of these Terms. If a chargeback reverses a Gift a Wisher already received as a payout, we may recover that amount from the Wisher's balance or future payouts.

Currency. Unless stated otherwise, all amounts are in U.S. dollars. Your bank may charge currency conversion or foreign transaction fees, which are your responsibility.

6. Featured Placement

Wishers may purchase Featured Placement for increased visibility on browse pages. Featured Placement is a paid advertising service only. We do not guarantee any number of views, profile visits, followers, Gifts, or earnings, and results vary. We decide the position, design, rotation, and duration of featured listings, and we may decline, pause, or remove Featured Placement for any profile that violates these Terms, without a refund. Featured Placement purchases are non-refundable except where required by law. Featured listings may be labeled as "Featured" or "Promoted."

7. Third-Party Retailers, Fulfillment, and Affiliate Links

Third-party transactions. Physical Gifts are purchased from and fulfilled by Third-Party Retailers, not GetSpoiled. Your purchase is a transaction with that retailer and is governed by its terms, policies, shipping practices, and return rules. Any issue with an item's quality, safety, shipping, delivery, damage, loss, warranty, or return must be resolved with the retailer. GetSpoiled has no responsibility or liability for any Third-Party Retailer's products or acts.

Product safety. GetSpoiled does not inspect, test, or endorse any product listed on a Wishlist. You use any product at your own risk.

Affiliate disclosure. As an Amazon Associate, GetSpoiled earns from qualifying purchases. We may convert retailer links on Wishlists into affiliate links and keep any resulting commissions. Wishers have no right to any affiliate commission earned by GetSpoiled.

8. Content Standards and Prohibited Conduct

GetSpoiled is a fun, respectful, and wholesome gifting space for adults. You agree not to post, link to, or do any of the following:

Nudity, partial nudity, sexually explicit or sexually suggestive content, or links to adult content, adult platforms, or adult services.
Offering, requesting, or implying meetings, dates, companionship, sexual or intimate services, private content, or any exchange of anything for a Gift.
Content involving or appearing to involve anyone under 18.
Harassment, threats, hate speech, bullying, or content that promotes violence or self-harm.
Doxxing, stalking, or seeking, sharing, or publishing another person's private information, including addresses, legal names, workplaces, or contact details.
Pressuring, guilt-tripping, or soliciting users to send Gifts or money outside the Services, or requesting gift cards, crypto, or other off-platform payments.
Fraud, scams, misleading claims, fake profiles, impersonation, or using stolen payment methods.
Money laundering, structuring payments, or any use of the Services to move funds for anything other than genuine gifts.
Illegal, recalled, counterfeit, or regulated items, including weapons, drugs, drug paraphernalia, tobacco, vaping products, alcohol, prescription medications, or hazardous materials.
Content that infringes anyone's copyright, trademark, privacy, publicity, or other rights.
Spam, chain messages, or unauthorized advertising.
Scraping, crawling, data mining, or collecting user information by automated means.
Hacking, probing, or interfering with the Services, including uploading viruses or malicious code, or bypassing security, rate limits, or access controls.
Reverse engineering, copying, or building a competing service using the Services or its content.
Using the Services in violation of any law or to help anyone else violate these Terms.

We may remove any content and take any action we consider appropriate, including suspension, termination, withholding payouts connected to a violation, and reporting to law enforcement. We have no obligation to monitor content, and we are not responsible for user content.

9. Your Content and the License You Grant Us

You keep ownership of the content you post, including photos, bios, and Wishlists ("User Content"). By posting User Content, you grant GetSpoiled a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to host, store, use, reproduce, modify (for formatting and display), adapt, publish, display, distribute, and promote that User Content in connection with operating, improving, and marketing the Services, including on our social media and in advertising. This license ends when you delete the content or your account, except for content already shared by others, used in marketing materials created before deletion, or retained as required by law.

You represent and warrant that you own or have all rights needed to post your User Content and grant this license, and that your User Content does not violate these Terms, any law, or anyone's rights.

Feedback. If you send us suggestions or feedback, we may use them freely without any obligation or payment to you.

10. Intellectual Property and Copyright Complaints

Our property. The Services, including the GetSpoiled name, logo, design, software, text, graphics, and all other materials we provide (excluding User Content), are owned by GetSpoiled or its licensors and are protected by copyright, trademark, and other laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for personal, non-commercial purposes in line with these Terms. You may not use our name, logo, or trademarks without our written permission.

Copyright complaints. We respect intellectual property rights and respond to notices under the Digital Millennium Copyright Act (DMCA). To report infringement, email info@getspoiled.io with the subject line "Copyright Notice" and include: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the infringing material and its location on the Services; (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized; and (6) a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner.

If your content was removed and you believe it was a mistake, you may send a counter-notice with the information required by the DMCA. We will terminate the accounts of repeat infringers in appropriate circumstances. Submitting a false notice may expose you to liability for damages.

11. Suspension and Termination

We may suspend, restrict, or terminate your account or access to any part of the Services, remove any content, or cancel any transaction, at any time, with or without notice, for any reason, including if we believe you violated these Terms, created risk or legal exposure for us or other users, or engaged in fraud or abuse. Where a violation is involved, we may withhold or forfeit payouts and balances connected to that violation, to the extent permitted by law.

You may close your account at any time through your account settings or by emailing info@getspoiled.io. Closing your account does not cancel completed Gifts or fees.

The following sections survive termination: 3 (Payouts and Taxes), 4, 5, 9, 10, 12, 13, 14, 15, 16, and any other terms that by their nature should survive.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, GETSPOILED DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE ABOVE, GETSPOILED DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ANY GIFT WILL BE SENT, RECEIVED, OR DELIVERED; (C) ANY USER IS WHO THEY CLAIM TO BE OR WILL ACT AS THEY REPRESENT; (D) ANY PRODUCT, LINK, PRICE, OR WISHLIST IS ACCURATE, SAFE, OR AVAILABLE; OR (E) ANY RESULTS, INCLUDING VISIBILITY OR EARNINGS FROM FEATURED PLACEMENT, WILL BE ACHIEVED.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND THIRD PARTIES. GETSPOILED IS NOT RESPONSIBLE FOR THE CONDUCT, CONTENT, PRODUCTS, OR SERVICES OF ANY USER, THIRD-PARTY RETAILER, PAYMENT PROCESSOR, OR OTHER THIRD PARTY. Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GETSPOILED OR ITS OWNERS, AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SERVICE PROVIDERS (THE "GETSPOILED PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GIFTS, DATA, GOODWILL, OR REPUTATION, ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, ANY GIFT, ANY THIRD-PARTY PRODUCT, OR ANY CONDUCT OF ANOTHER USER OR THIRD PARTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE GETSPOILED PARTIES' TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE PLATFORM FEES YOU PAID TO GETSPOILED IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations are an essential part of the bargain between you and GetSpoiled and apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some may not apply to you.

14. Indemnification and Release

Indemnification. You agree to defend, indemnify, and hold harmless the GetSpoiled Parties from and against any claims, demands, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your User Content; (c) any Gift you send or receive; (d) your violation of these Terms or any law; (e) your violation of any third party's rights; or (f) any dispute between you and another user or third party. We may assume the exclusive defense of any matter subject to indemnification, and you agree to cooperate with our defense.

Release. Because GetSpoiled is not involved in dealings between users or with Third-Party Retailers, you release the GetSpoiled Parties from all claims, demands, and damages of every kind, known and unknown, arising out of or connected with any dispute you have with another user or third party.

California residents waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." Residents of other states waive any similar law.

15. Dispute Resolution, Binding Arbitration, and Class Action Waiver

15.1 Informal resolution first. Before starting any arbitration or court action, you and GetSpoiled agree to try to resolve the dispute informally. The party raising the dispute must email a written notice describing the claim, the relief sought, and their contact information (to info@getspoiled.io for notices to us). The parties will negotiate in good faith for 60 days. Statutes of limitation are paused during this period.

15.2 Agreement to arbitrate. If the dispute is not resolved informally, you and GetSpoiled agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any Gift, or your relationship with GetSpoiled (a "Dispute") will be resolved by final and binding individual arbitration, and not in court, except as stated in Section 15.6.

15.3 Rules and location. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, as modified by these Terms, before a single arbitrator. Hearings will take place by video conference or, if in person is required, in the county where you live. For claims of $10,000 or less, the arbitration may be decided on written submissions alone. Payment of filing and arbitrator fees will be governed by the AAA rules, and we will pay any amounts required by those rules or by law to keep the arbitration accessible.

15.4 Delegation. The arbitrator has exclusive authority to decide all issues about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court decides issues relating to Sections 15.5 and 15.7.

15.5 Class action and jury trial waiver. YOU AND GETSPOILED AGREE THAT EACH MAY BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR AWARD RELIEF TO ANYONE OTHER THAN THE INDIVIDUAL PARTY. YOU AND GETSPOILED EACH WAIVE THE RIGHT TO A JURY TRIAL.

15.6 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect its intellectual property or to stop unauthorized access to or misuse of the Services. To the extent a claim for public injunctive relief cannot be waived under applicable law, that claim will be severed, stayed until the individual arbitration is complete, and decided by a court.

15.7 Mass filings. If 25 or more similar demands are filed against GetSpoiled by or with the help of the same or coordinated counsel, the demands will be administered in batches of up to 25, with one arbitrator per batch, and the remaining demands held until each batch is resolved, to the extent permitted by the AAA rules. You agree to this process, and the statute of limitations is paused for held demands.

15.8 30-day right to opt out. You may opt out of this arbitration agreement by emailing info@getspoiled.io within 30 days after you first accept these Terms, with the subject line "Arbitration Opt-Out" and your name, account email, and a clear statement that you opt out. Opting out does not affect any other part of these Terms.

15.9 Time limit. To the extent permitted by law, any Dispute must be started within one year after the claim arose, or it is permanently barred.

15.10 Severability. If any part of this Section 15 is found unenforceable, the rest remains in effect, except that if the class action waiver in Section 15.5 is found unenforceable as to a claim, that claim must proceed in court and not in arbitration.

15.11 Changes. If we make a material change to this Section 15, you may reject the change by emailing info@getspoiled.io within 30 days after it takes effect, in which case the prior version continues to apply to you.

16. Governing Law and General Terms

Governing law. These Terms are governed by the Federal Arbitration Act and, otherwise, by the laws of the State of California, without regard to its conflict-of-law rules. For any Dispute not subject to arbitration, you and GetSpoiled consent to the exclusive jurisdiction and venue of the state and federal courts located in Monterey County, California.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and GetSpoiled about the Services and replace any prior agreements.

Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions stay in full effect.

No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms without our written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including outages of hosting, payment, or retail partners, natural disasters, pandemics, labor disputes, government action, or internet failures.

No third-party beneficiaries. These Terms do not create rights for anyone other than you and GetSpoiled, except the GetSpoiled Parties under Sections 13 and 14.

Export and sanctions. You agree to comply with all U.S. export control and sanctions laws in your use of the Services.

Headings. Headings are for convenience only. The word "including" means "including without limitation."

17. Changes to These Terms, California Notice, and Contact

Changes. We may update these Terms at any time. We will post the updated Terms on the Services and change the "Last updated" date. For material changes, we will give reasonable advance notice by email or through the Services. Your continued use of the Services after changes take effect means you accept them. If you do not agree, stop using the Services and close your account.

Notice to California residents. Under California Civil Code Section 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Contact us. Questions, notices, or concerns about these Terms can be sent to:

Email: info@getspoiled.io