Terms of Service

1. Acceptance of Terms

By creating an account or using GimmeDat ("the Platform"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Platform.

2. Eligibility

You must be a currently enrolled student, faculty member, or staff member at a participating college or university. You must register using a valid .edu email address associated with your institution. You must be at least 18 years of age to use this Platform.

3. Account Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials.
• You agree to provide accurate and truthful information during registration and in all offers.
• You may not share your account or let others access the Platform through your account.
• You must notify us immediately of any unauthorized use of your account.

4. Offers & Content

You are solely responsible for the content you post, including offer titles, descriptions, photos, and messages. By posting content, you represent that:

• You have the legal right to sell, trade, or offer the item or service.
• Your offer is accurate, not misleading, and does not violate any law.
• You will not post prohibited items (see Section 5).

5. Prohibited Items & Conduct

The following are strictly prohibited on the Platform:

• Weapons, firearms, ammunition, or explosives
• Illegal drugs, controlled substances, or drug paraphernalia
• Alcohol or tobacco products
• Stolen property
• Counterfeit or pirated goods
• Hazardous materials
• Adult content or services
• Academic dishonesty services (e.g., writing papers for others, taking exams)
• Pyramid schemes, multi-level marketing, or solicitations
• Harassment, threats, discrimination, or hate speech
• Spam, phishing, or deceptive content
• Impersonation of another person or entity

6. Transactions

GimmeDat is a platform that connects buyers and sellers. We are not a party to any transaction between users. Payment processing via Stripe is available as an optional convenience; users may also choose to transact offline.

• All transactions are conducted at your own risk.
• You are responsible for negotiating terms, arranging payment, and completing exchanges.
• GimmeDat charges zero platform fees. Stripe’s standard processing fees (2.9% + $0.30 per transaction) are deducted by Stripe directly from the seller’s payout.
• GimmeDat never holds, controls, or has access to user funds at any time.
• Credit card and payment information is collected exclusively by Stripe and is never stored on or accessible to GimmeDat.
• We are not responsible for the quality, safety, legality, or delivery of items or services.
• GimmeDat does not mediate disputes between buyers and sellers. Payment disputes are handled through Stripe’s dispute resolution process.
• Refunds are at the seller’s sole discretion unless otherwise required by applicable law.
• We strongly recommend meeting in public, well-lit campus locations for in-person exchanges.

7. Payment Processing & Stripe

Payment services on GimmeDat are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”).

• By making a payment or creating a seller account on GimmeDat, you agree to be bound by the Stripe Services Agreement, as it may be modified by Stripe from time to time.
• GimmeDat is not responsible for Stripe’s services, availability, or any errors in payment processing.
• You authorize GimmeDat to share your information (including email address) with Stripe as described in our Privacy Policy for the purpose of facilitating payments.
• Sellers are responsible for accurately representing their items and services and for fulfilling orders placed through the Platform.
• GimmeDat reserves the right to disable payment features for any user who violates these Terms or engages in fraudulent activity.

8. Safety & Meeting in Person

When meeting other users in person, exercise caution and common sense:

• Meet in a public place on campus during daylight hours.
• Tell a friend or roommate where you are going and who you are meeting.
• Do not share personal information (home address, financial details) before meeting.
• Trust your instincts — if something feels off, walk away.

9. Intellectual Property

The Platform and its original content, features, and functionality are owned by GimmeDat and are protected by copyright and other intellectual property laws. You retain ownership of content you post but grant us a non-exclusive, royalty-free license to display and distribute it on the Platform for the purpose of operating the service. This license terminates when you delete the content, subject to a 90-day retention period for moderation and legal compliance. We do not sublicense your content to third parties or create derivative works from it.

10. Content Moderation

We reserve the right to remove any content that violates these Terms or is otherwise objectionable, at our sole discretion. We may also suspend or terminate accounts that repeatedly violate these Terms.

11. Limitation of Liability

GimmeDat is provided "as is" without warranties of any kind. To the maximum extent permitted by law, we are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Platform, including but not limited to losses from transactions, personal injury, or property damage. In no event shall GimmeDat’s aggregate liability to you exceed the greater of one hundred U.S. dollars ($100) or the total amount you have paid to GimmeDat in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless GimmeDat, its creators, and contributors from any claims, damages, or expenses arising from your use of the Platform or violation of these Terms.

13. Copyright & DMCA Policy

GimmeDat respects the intellectual property rights of others. If you believe content on the Platform infringes your copyright, you may submit a DMCA takedown notice to our designated agent:

• DMCA Agent: GimmeDat Legal, Email: dmca@gimme-dat.com
• Your notice must include: (1) identification of the copyrighted work, (2) identification of the infringing material and its location on the Platform, (3) your contact information, (4) a statement that you have a good-faith belief the use is not authorized, and (5) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act on behalf of the owner.
• Upon receiving a valid notice, we will remove or disable access to the allegedly infringing material and notify the user who posted it.
• Users who receive a takedown notice may submit a counter-notice if they believe the removal was made in error. Repeat infringers may have their accounts terminated.

14. Dispute Resolution & Arbitration

You and GimmeDat agree to resolve any disputes arising out of or relating to these Terms or the Platform through binding individual arbitration, rather than in court, except that either party may bring claims in small claims court if they qualify.

• Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
• Class action waiver: you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
• If you are a U.S. resident, arbitration will take place in your county of residence. For non-U.S. residents, arbitration will take place in Pennsylvania.
• The arbitrator may award the same damages and relief as a court, but only to the extent necessary to satisfy your individual claim.
• You may opt out of this arbitration provision by emailing legal@gimme-dat.com within 30 days of creating your account, with the subject line “Arbitration Opt-Out.”

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, without regard to conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Pennsylvania.

16. Changes to Terms

We may update these Terms at any time. Continued use of the Platform after changes constitutes acceptance of the new Terms. We will notify users of significant changes via email or platform notification.

17. Termination

We may suspend or terminate your account at any time for any reason, including violation of these Terms. You may delete your account at any time through your profile settings.

18. Contact

If you have questions about these Terms, please contact us at legal@gimme-dat.com or through the Platform’s support channels. Our mailing address is: GimmeDat, 300 N Washington St, Gettysburg, PA 17325.