Tabard

Terms of Service

Effective date: Not yet in effect (draft)
Version: 1 (draft)

These Terms of Service ("Terms") govern your use of the Tabard website and app (the "Service"), run by Space4Rent LLC, doing business as Tabard ("Tabard", "we", "us"), Nashua, New Hampshire. Contact: info@space4rentllc.com.

By creating an account or using the Service you agree to these Terms. Heralds also agree to the Herald Agreement. Everyone is covered by the Privacy Policy. If you do not agree, do not use the Service.

Part A. For everyone

1. What Tabard is

Tabard is an online marketplace. Brands (local businesses) post campaigns and pay for them. Heralds (adults) apply, and approved Heralds wear a Brand's apparel in public and submit check-ins (photo, time, and location) to show it. Tabard provides the platform and handles payments through Stripe. Tabard is not a party to the arrangement between a Brand and a Herald beyond what these Terms and the Herald Agreement say, does not make or sell apparel, and is not anyone's employer.

2. Who may use it

• You must be at least 18 years old.
• The Service is for people and businesses in the United States.
• A Brand account must be opened by someone with authority to bind the business.
• You must give true information and keep it current, keep your password secret, and tell us promptly of any unauthorized use. You are responsible for what happens under your account.
• One account per person or business.

3. Acceptable use

Do not:

• break any law, or use the Service to harm, harass, threaten, or deceive anyone;
• submit false, edited, or misleading information, photos, or locations;
• try to get around the app, the fee, or the payment system;
• interfere with the Service, probe its security without our written permission, or collect other users' information;
• use bots or automated tools to create accounts, apply, or check in; or
• upload anything that is unlawful, infringing, or that you do not have the right to share.

We may remove content, refuse or end access, or report conduct to authorities where we think it necessary.

4. Your content

You keep ownership of what you submit (such as photos, campaign text, logos). You give Tabard a non-exclusive, worldwide license to store, display, and use it only to run the Service, resolve disputes, and meet legal requirements. A Brand receives only the limited rights set out in Part C. Our license ends when your content is deleted, except for copies we must keep by law or backups that expire in the ordinary course.

5. Our service and ownership

The Service, the Tabard name and marks, and our software and design belong to Tabard or our licensors. You may use the Service only as these Terms allow. Do not copy or reverse-engineer it. Tabard does not guarantee that the Service will always be available or error-free. We may change, pause, or end features.

6. Third parties

Payments and payouts use Stripe. Stripe's own terms apply to you when you pay or set up a payout account, and we do not control Stripe's decisions. Our hosting and database providers are described in the Privacy Policy. Links to other sites are not endorsements.

7. Suspension and ending

You may stop using the Service and close your account at any time by emailing info@space4rentllc.com. We may suspend or close an account that breaks these Terms or the law, is used for fraud, or creates risk for others. Money already earned or owed is handled as set out in these Terms. Sections that by their nature should survive (payment, content license, liability, disputes) continue after an account ends.

8. Disclaimers

The Service is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, including merchantability, fitness for a purpose, and non-infringement. We do not promise that any campaign will attract Heralds, or that any Herald will complete a campaign. We are not responsible for what a Brand or Herald does or says.

9. Limits on liability

To the extent the law allows:

• Tabard is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, even if told they were possible.
• Tabard's total liability to you for any claim related to the Service is limited to the greater of (a) the amount you paid to or through Tabard in the 12 months before the claim, or (b) $100.
• Nothing limits liability that cannot be limited by law, including for fraud or willful misconduct.

10. Indemnity

You will defend and reimburse Tabard for claims, losses, and reasonable costs that arise from your breach of these Terms, your content, or your violation of law or of someone's rights.

11. Disputes and governing law

• First, email info@space4rentllc.com and give us a reasonable chance to resolve the problem.
• These Terms are governed by New Hampshire law, without regard to its conflict-of-laws rules.
• Any lawsuit must be filed in the state or federal courts in or for Hillsborough County, New Hampshire, and you and Tabard consent to those courts. No arbitration or class-action waiver applies.

12. Changes

We may change these Terms. If a change is material, we will give notice in the Service or by email before it takes effect. If you keep using the Service after the effective date, you accept the change. A campaign already paid for runs under the version in effect when it was published.

13. General

These Terms, the Herald Agreement (for Heralds), and the Privacy Policy are the whole agreement between you and Tabard on these topics. If part is unenforceable, the rest stays in force. You may not transfer your rights; we may transfer ours to a successor. Not enforcing a part does not give it up. We may send you notices by email or in the Service.

Part B. Brand terms: campaigns, payment, refunds

14. Creating a campaign

• A Brand creates a campaign as a draft, setting a title, description, dates, the payout per Herald, and the number of Heralds needed. The start, middle and end check-in days follow from the dates. A campaign is not visible to Heralds until it is paid for and published.
• The payout per Herald must be at least $25.00. Example: 3 spots at $25.00 means $75.00 for Heralds plus a $15.00 fee, so you pay $90.00.
• A campaign may start no earlier than tomorrow (New York time). If the start date passes before publishing is complete, your payment is refunded and the campaign is not published.
• A campaign must be about a lawful product or service. Banned categories: adult content; tobacco, vaping, and nicotine products; cannabis; firearms and weapons; gambling; political campaigns, candidates, and ballot measures; and any content that promotes hatred or violence against people for who they are. We may refuse or remove a campaign at our discretion.
• You promise that you own or may use the logos, text, and apparel in the campaign, and that the apparel is safe, lawfully made and sold, correctly sized and labeled, and suitable for wear in public. You are responsible for the apparel you supply.
• "Hours per day" is a suggestion you give Heralds of how long the apparel is expected to be worn. It is not a work schedule, and you do not direct how Heralds wear it.

15. Paying for a campaign

• What you pay: the full payout for every Herald spot (payout per Herald x number of Heralds), plus a platform fee of 20% of that amount. Heralds keep 100% of the posted rate. Example: 3 spots at $25.00 means $75.00 for Heralds plus a $15.00 fee, so you pay $90.00.
• When: you pay up front by card through Stripe Checkout. The campaign is published when payment is confirmed. The payout per Herald must be at least $25.00. The card processor also requires a minimum total payment of $0.50.
• Taxes: the fee is shown before tax.
• Where the money goes: Tabard receives your payment through Stripe, pays Heralds for approved check-ins, keeps the fee on what Heralds earn, and refunds the rest to you as described in section 17.

16. Approving Heralds and reviewing check-ins

• You may approve or reject any Herald who applied. A decision is final. Do not reject for reasons that are unlawful, including discrimination.
• You review each check-in and approve or reject it. A rejection needs a written reason, which the Herald can see. The Herald may retake the photo until the window closes.
• If you do not review a check-in within 7 days, it is approved automatically and the Herald will be paid for it.
• If a Herald disputes a rejection, Tabard may take a second look and may approve the check-in over your rejection. A Herald is asked to request this promptly, because pay is worked out automatically once the campaign has ended and all check-ins are reviewed.
• Use of Herald photos: you receive check-in photos and locations only to verify check-ins. You may not use a Herald's check-in photo, likeness, or location in your marketing, advertising, or social media, or share it with anyone else, without that Herald's separate written permission. You must treat Herald information as confidential and delete any copy you download once the campaign is settled.
• You agree that you will not contact Heralds outside the Service except as the campaign requires for handing over apparel.

17. Refunds and cancellation

• Before publishing: a draft that is not paid has nothing to refund.
• Cancelling an open campaign: you may cancel a campaign that is published but has not started. You are refunded in full to the card used.
• Active campaigns cannot be cancelled by the Brand. If something serious prevents you continuing, email info@space4rentllc.com.
• Unfilled spots: if fewer Heralds are approved than the campaign needed, at the start Tabard refunds the pay and fee for the spots not filled. Example above: one of 3 spots unfilled refunds $25.00 + $5.00 = $30.00.
• Unearned pay: after the campaign ends and check-ins are reviewed, Tabard refunds the pay and the fee on any share that Heralds did not earn (for example, a check-in that was not sent or was rejected and not corrected). Tabard keeps its 20% fee only on what Heralds earned.
• Timing and method: refunds go back to the original card. Your bank decides when it shows.
• Card fees: Stripe does not return its card processing fee on a refund. Tabard bears that cost; you are not charged it separately.
• Held payouts: if a Herald has not set up their Stripe payout account, their pay stays held for them. It is not refunded to you while it is held.
• No refunds for a Herald's honest completion of check-ins, or for results you hoped for (for example, sales or social attention). Tabard does not promise any marketing result.

18. Safety, insurance, and your responsibility

• The Brand is responsible for the quality, safety, labeling, and legality of its apparel and for its campaign content.
• The Brand will defend and reimburse Tabard and Heralds for claims that arise from the apparel, the campaign content, or the Brand's breach of these Terms, except to the extent caused by Tabard's or the Herald's own wrongdoing.

Part C. Herald terms (summary)

Heralds are covered in full by the Herald Agreement. In short:

• Heralds are independent contractors, not employees of Tabard or any Brand.
• Heralds keep 100% of the posted rate. Pay is 40% start, 20% middle, 40% end, for approved check-ins.
• Check-ins use a photo and the phone's location, with the Herald's consent.
• Heralds keep the apparel unless the campaign says otherwise.
• Photos are used only to verify check-ins. Brands may not reuse them in marketing.

Part D. Contact

Space4Rent LLC, doing business as Tabard
Email: info@space4rentllc.com