Terms of Service

Backshare · draft — not yet in force

⚠ DRAFT SHELL — every section below must be reviewed, completed, and approved by a Dutch lawyer before real payments are enabled. Bracketed items are placeholders, not terms. See ROADMAP-REAL-MONEY.md §1 for the review checklist.

1. Who we are

[LAWYER: legal entity name, KvK number, registered address, contact email — after entity registration]

2. What Backshare is

Backshare is a platform where groups fund a shared project wallet of prepaid credits ("tokens"), spend them transparently on building a project (primarily AI/compute costs), and receive the project's outcome under a charter agreed before anyone pays. Every spend is recorded on a public double-entry ledger.

[LAWYER: confirm characterization of tokens as prepaid service credits, not e-money / not a financial instrument — PSD2/Wft analysis]

3. Credits

Credits may be purchased in EUR, USD or GBP at the quote displayed at checkout and have no cash value outside the platform. [LAWYER: confirm]
Backshare currently models a 5% fee once when funding; compute is then charged at cost. [LAWYER: confirm fee presentation and tax treatment]
[LAWYER: expiry policy of unspent credits, if any — consumer-law constraints]

4. Refunds & withdrawal

Unspent credits are refundable within 14 days of purchase (EU right of withdrawal). Spent credits are not refundable.
[LAWYER: confirm withdrawal mechanics for digital services begun immediately, refund handling when a project fails to deliver, chargeback policy]

5. Projects, charters and outcomes

Each project has a charter fixed before members join; joining requires explicitly accepting it.
The software supports access, profit-split and hybrid outcomes. Live-money activation is controlled separately per model.
[LAWYER: determine which models may be offered, and under what AFM / ECSP, KYC, payout and disclosure requirements]
[LAWYER: platform vs creator responsibility when a project does not deliver; creator obligations; dispute handling]

6. Acceptable use

[LAWYER: prohibited content/projects, sanctions compliance, age minimum (16/18?), account termination]

7. Liability

[LAWYER: limitation of liability, warranty disclaimer, force majeure — NL consumer-law compatible]

8. Governing law

Dutch law; competent court [LAWYER: venue]. EU consumers keep their mandatory protections.