Terms of Service

1. Who we are

eVoucher.gift is operated by Sumo Monkey Development Ltd, a company registered in England and Wales, whose registered office is 9 West Street, Congleton CW12 1JN, United Kingdom. Our VAT number is GB473758352. You can reach us at [email protected].

In these terms, “we”, “us” and “our” mean Sumo Monkey Development Ltd. “Platform” means the eVoucher.gift website, voucher designer, merchant storefronts, emails and related software.

2. Which parts apply to you

These terms are in four parts:

• Part A (sections 4–6) applies to everyone who uses the Platform.
• Part B (sections 7–15) applies to merchants — businesses with an eVoucher.gift account that sell or issue vouchers.
• Part C (sections 16–18) applies to buyers and recipients — people who buy a voucher from a merchant's shop or receive one as a gift.
• Part D (sections 19–23) applies to everyone.

By creating an account, opening a merchant storefront, buying a voucher or otherwise using the Platform, you accept the parts of these terms that apply to you. If you do not accept them, please do not use the Platform.

Merchants use the Platform for business purposes and contract with us as a business, not as a consumer. Nothing in Part C takes away the statutory rights a consumer has against the merchant they bought from.

3. Definitions

• Merchant — a business that holds an account with us and uses the Platform to design, sell, issue or redeem vouchers.
• Storefront — the public shop page we host for a Merchant, at an address of the form evoucher.gift/shop/<name>.
• Voucher — a gift voucher issued by a Merchant, in the Merchant's name, carrying a redemption code and (usually) an expiry date.
• Buyer — a person or business that buys a Voucher from a Merchant's Storefront.
• Recipient — the person a Voucher is sent to and who may redeem it.
• Stripe — Stripe Payments Europe, Limited and its group companies, our payment partner.

4. Using the website

You may use the Platform only in accordance with these terms and applicable law. You must be at least 18 years old to hold an account or buy a Voucher.

We may change, move or withdraw parts of the Platform, including page addresses and features. We aim to keep public Storefront and voucher-wallet links working, but we cannot guarantee any particular address will remain available indefinitely.

5. Acceptable use

You must not:

• use the Platform for anything unlawful, fraudulent, or misleading, or to sell vouchers for goods or services you cannot lawfully supply;
• use it for any business category prohibited by Stripe's restricted-business rules or by our payment partners;
• impersonate another business, or upload logos, artwork, names or trade marks you have no right to use;
• attempt to gain unauthorised access to the Platform, other users' accounts, or any voucher record that is not yours;
• probe, scan, overload or otherwise interfere with the Platform, or scrape it by automated means beyond ordinary search-engine indexing;
• attempt to redeem, duplicate, alter or resell voucher codes you were not given, or use the Platform to launder money or test stolen payment cards.

We may investigate suspected breaches, and we may report suspected fraud or criminal conduct to Stripe, to payment schemes and to the authorities.

6. Our intellectual property

The Platform, its software, design templates, page designs, wording and the eVoucher.gift name and marks belong to us or our licensors. Nothing in these terms transfers any of that to you. You get a non-exclusive, non-transferable right to use the Platform while your account is in good standing, and nothing more.

On the Free plan, vouchers, emails and Storefronts carry an eVoucher.gift mark. Removing or obscuring it requires a plan that permits custom branding.

7. Merchant accounts

You must give accurate business details when you register and keep them up to date. You are responsible for everything done under your account, including by your staff and anyone you invite into it, and for keeping credentials secret. Turn on two-factor authentication where we offer it, and tell us promptly at [email protected] if you think your account has been compromised.

Where your account has more than one user, the account owner decides who has access and at what level, and is responsible for removing people who leave.

8. Plans, fees and VAT

Our plans, their monthly prices and the transaction fee that applies to each are published on our pricing page and shown in your account. In outline: the Free plan has no monthly charge and a higher percentage fee per sale; paid plans carry a monthly subscription and a lower percentage fee. A small number of merchants migrated from our previous platform are on grandfathered arrangements, which we honour on their own terms.

• Transaction fee. Our fee is a percentage of the value of each Voucher sale made through your Storefront. It is taken as an application fee at the moment the payment is processed, so it never touches your bank account. It is charged on the sale value; Stripe's own processing fees are separate and are charged to you by Stripe.
• Subscriptions. Monthly subscription fees are payable in advance and are non-refundable for the period in progress, except where the law requires otherwise. If a subscription payment fails, we may retry it, and we may downgrade or suspend the account if it stays unpaid.
• VAT. Prices are stated exclusive of VAT unless we say otherwise. VAT is added at the applicable rate. We issue invoices to the billing details in your account; keeping those accurate (including any VAT number) is your responsibility.
• Changes to pricing. We may change plan prices and fee percentages. For merchants on a paid plan we will give at least 30 days' notice by email before a change applies; you may cancel before it takes effect if you do not accept it. Changes to the Free plan may be made on notice published on the Platform.
• Set-off. If you owe us money — unpaid subscription fees, fees on sales, or amounts we have had to pay because of your account — we may recover it by invoicing you, by deducting it from amounts we hold or later collect, or by adjusting application fees on subsequent sales.

9. Taking payments through Stripe Connect

Voucher sales through your Storefront are processed by Stripe, using a Stripe Express connected account in your business's name. To sell, you must complete Stripe's onboarding and identity checks and accept the Stripe Connected Account Agreement, which is a contract between you and Stripe that we are not party to.

• Every sale is a direct charge on your Stripe account. The money is your money from the moment it is taken. Stripe settles it to your nominated bank account on Stripe's payout schedule. We never hold, control or have a claim on your sales proceeds, other than the application fee described in section 8.
• Stripe decides whether to accept your business, what information to require, whether to pause payouts and whether to close your connected account. Those are Stripe's decisions under Stripe's agreement with you. We cannot overturn them, and we are not liable for them.
• You are responsible for keeping your Stripe account in good standing, including responding to Stripe's verification requests. If your Stripe account cannot accept payments, your Storefront cannot sell.
• Payment card details are handled by Stripe and are never received or stored by us.
• Merchants on grandfathered legacy arrangements may take payments through their own PayPal account instead. The same principle applies: the money is theirs, taken into their own payment account, and PayPal's terms govern that relationship.

10. Refunds, chargebacks and disputes

Because every sale is taken into your own payment account, refunds, chargebacks and payment disputes are your responsibility, financially and operationally. This section is the most important one in these terms.

• Refunds. You decide and administer your own refund policy, within the law. Refunds are issued from your Stripe balance, in full or in part, from your orders screen. When you refund a sale, our transaction fee on that sale is returned to you along with it. Stripe's own processing fees may not be returned — that is a matter between you and Stripe.
• Chargebacks. If a Buyer disputes a payment with their card issuer, the disputed amount and any dispute fee are debited from your Stripe balance by Stripe. You are responsible for responding to the dispute and for submitting evidence within Stripe's deadlines. We may help by supplying order, delivery and redemption records from the Platform, but we do not defend disputes for you and we do not underwrite the outcome. Our transaction fee on a disputed sale is not returned.
• Negative balances. If refunds or chargebacks leave your Stripe balance negative, resolving it is between you and Stripe. Nothing in these terms makes us responsible for funding it.
• Customer complaints. Complaints about a Voucher, the goods or services behind it, delivery, expiry or your refund policy are for you to resolve with your customer. If a Buyer contacts us about one of your sales, we will normally direct them to you and pass on their message.
• Excessive disputes. Chargeback rates above the card schemes' thresholds put both your Stripe account and our platform account at risk. If your dispute or refund rate is materially out of line, we may require corrective steps, restrict selling on your Storefront, or suspend the account under section 14.
• Recovery from you. If a chargeback, fine, penalty or scheme assessment relating to your sales is charged to us, you will reimburse us in full on demand.

11. Your vouchers are your promise

Vouchers issued through the Platform are issued by you, in your name. You are the seller and the issuer. We are not a party to the contract between you and your Buyer or Recipient, we do not hold voucher balances as a stored-value or e-money issuer, and we do not guarantee that any Voucher will be honoured.

• You must honour valid, unexpired Vouchers according to their terms, and treat them at least as favourably as any other payment method for the goods or services they cover.
• You set your own voucher terms — validity period, what the Voucher covers, whether part-redemption is allowed and any restrictions — and publish them on your Storefront's terms page. They must be fair, clearly worded, and comply with consumer law, including the Consumer Rights Act 2015 and the Consumer Protection from Unfair Trading Regulations 2008.
• Expiry dates must be reasonable and clearly disclosed before purchase. Where you allow part-redemption, the remaining balance stays available until expiry.
• Outstanding Vouchers are a liability of your business. If you stop trading, sell the business, change your offering or become insolvent, dealing fairly with unredeemed Vouchers is your obligation, not ours. The Platform's liability report is there to help you keep track of the exposure.
• You are responsible for accounting and tax treatment of voucher sales and redemptions, including VAT on single-purpose and multi-purpose vouchers.

12. Your content, logos and AI-assisted designs

You keep ownership of everything you upload or enter — your logo, images, shop wording, voucher designs, product descriptions and customer records. You grant us a licence to host, copy, adapt, format and transmit that content only so far as we need to in order to run the Platform for you: rendering vouchers and PDFs, publishing your Storefront, and sending your emails. That licence ends when the content is deleted, apart from copies retained in backups for their normal cycle.

• You confirm you have the rights to everything you upload, and that using it on the Platform infringes nobody's rights.
• Some features are AI-assisted: composing a preview shop from a website address you give us, finding a logo, and generating design imagery. These produce suggestions, not guarantees. Output may be inaccurate, generic or similar to output produced for someone else. You must review anything AI-assisted before you publish or send it, and you are responsible for the result, including whether it infringes anyone's trade marks or copyright.
• By entering a website address into our shop-preview tool, you confirm you are entitled to have us fetch that site's public pages and use its branding for the preview.
• We may use anonymous, aggregated statistics about Platform usage to run and improve the service. We do not sell your customer lists and we do not market to your customers on our own behalf.

13. Data protection

Our Privacy Policy explains what personal data we handle and why. In summary:

• For your account data — the people in your business who use the Platform — we are the controller.
• For your customers' data — Buyers, Recipients and redemption records — you are the controller and we are your processor. We process it on your documented instructions, which are the instructions built into the Platform's features and any lawful instruction you give us in writing.

The processing terms required by Article 28 of the UK GDPR — subject matter, duration, categories of data, our security obligations, sub-processors, deletion and audit — are set out in the annex to the Privacy Policy and form part of these terms. You must have a lawful basis for the customer data you put into the Platform, and you must give your customers the privacy information the law requires.

14. Suspension, cancellation and closing your account

• You may cancel at any time. Paid plans run to the end of the period already paid for. Cancelling does not release you from Vouchers you have already sold.
• We may suspend or restrict an account immediately where we reasonably believe there is fraud, a serious breach of section 5 or section 11, a legal or payment-scheme requirement, an unpaid balance, or a risk to other users or to us. Where practical we will tell you first and give you a chance to put it right.
• We may terminate on 30 days' written notice, or immediately for material breach that is not remedied within 14 days of us asking.
• After termination: your Storefront stops selling and is unpublished. You remain responsible for Vouchers already issued. We will keep your data available for export for 30 days, then delete or anonymise it in line with the retention periods in the Privacy Policy, except where we must keep records for tax, accounting or legal reasons.

15. What you promise us

You confirm that you are a business, acting in the course of business, entitled to enter into these terms, and that you will comply with all laws that apply to selling vouchers to your customers — consumer protection, distance selling, advertising, anti-money-laundering, tax and data protection.

You will indemnify us against all losses, costs, claims, fines and reasonable legal fees we incur arising from: Vouchers you issued and did not honour; refunds, chargebacks or scheme fines relating to your sales; the goods or services you supply; content you uploaded; your breach of these terms; or your breach of data protection law in respect of your customers' data.

16. Buying a voucher: who you are buying from

When you buy a gift voucher from a shop page on eVoucher.gift, your contract is with that business, not with us. The business is the seller. It takes your payment into its own payment account, it decides what the voucher covers, and it is the one that must honour it. We provide the shop software and send the voucher email on the business's behalf.

Before you pay, the shop page shows you the business's name and its voucher terms. Please read them — expiry, restrictions and refund policy are set by the business, and they vary.

Your card details are handled by Stripe (or, for a small number of older shops, PayPal). We never see or store your full card number.

17. Using a voucher

• A voucher is redeemed by presenting its code to the issuing business. Treat the code like cash: anyone who has it may be able to use it, and we cannot restore value that was redeemed by someone who obtained the code from you.
• Vouchers are valid until the expiry date shown on them and stated in the issuing business's terms. Expired vouchers may be refused.
• Vouchers are not exchangeable for cash unless the issuing business or the law says otherwise, and they may not be resold for profit.
• The voucher wallet page linked in your email shows the current status and any remaining balance. Keep the link — anyone with it can view the voucher.
• If the issuing business stops trading, we may be unable to help you redeem or recover the value of the voucher. Your claim in that situation is against that business.

18. Refunds and problems

Refunds, cancellations and complaints go to the business you bought from. It sets the refund policy and issues any refund; we cannot issue one on its behalf. Any statutory rights you have as a consumer — including any right to cancel a distance purchase — are rights against that business.

If you cannot reach the business, or you believe a shop on eVoucher.gift is being used fraudulently, tell us at [email protected]. We will pass your message on and, where the shop appears to be breaking our rules, we will investigate and may suspend it. That is not a promise of a refund: refunding is the seller's decision, and disputing a card payment is a matter between you, the seller and your card issuer.

Do not use another person's payment card and do not buy vouchers as part of a fraud. We keep records of orders, deliveries and redemptions and share them with the seller, Stripe, payment schemes and the authorities where appropriate.

19. Availability and changes to the service

We work hard to keep the Platform available, but we do not promise it will be uninterrupted or error-free. We may take it down for maintenance, and we may change features, plans and design templates as the product develops. Where a change materially reduces a feature you rely on, we will give reasonable notice.

The Platform depends on third parties — hosting, Stripe, PayPal, email delivery, DNS. Outages at those providers can stop sales or delay emails, and are outside our control.

Except as expressly stated, the Platform is provided “as is”, and all warranties and conditions implied by law are excluded to the fullest extent permitted.

20. Our liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited. Nothing limits a consumer's non-excludable statutory rights.

Subject to that:

• We are not liable for the goods or services a merchant supplies, for a merchant's failure to honour a Voucher, for a merchant's refund decisions, or for the solvency of any merchant.
• We are not liable to any merchant for refunds, chargebacks, dispute fees, negative balances, fines or scheme assessments arising from their own sales, nor for decisions taken by Stripe or PayPal about their payment accounts.
• To merchants, we are not liable for loss of profit, loss of sales or revenue, loss of business or goodwill, or any indirect or consequential loss, however arising.
• Our total liability to any merchant, for all claims in any 12-month period, is limited to the greater of (a) the total fees that merchant paid us in the 12 months before the claim arose and (b) £100.
• Our total liability to any Buyer or Recipient, for all claims arising out of a Voucher, is limited to the amount that person paid to us — which, because payment is taken by the merchant, is normally nil.

You must tell us about a claim within 12 months of becoming aware of the circumstances giving rise to it.

21. Changes to these terms

We may update these terms as the Platform and the law change. The version in force is always published here with its date. For material changes affecting merchants, we will give at least 30 days' notice by email or in the app; continuing to use the Platform after a change takes effect means you accept it. For Buyers and Recipients, the terms that apply are the ones published when the Voucher was bought.

22. General

• These terms, our Privacy Policy and the plan details shown in your account are the entire agreement between us about the Platform, and replace any earlier terms — including the terms of our previous platform, for merchants migrated from it.
• We may assign or transfer our rights and obligations, including as part of a sale or reorganisation of our business. You may not without our written consent.
• We may use sub-contractors and sub-processors to provide the Platform; we remain responsible for what they do for us.
• If any provision is found unenforceable, the rest continues in force.
• A delay in enforcing a right is not a waiver of it.
• Except as stated in Part C, nobody who is not a party to these terms may enforce them under the Contracts (Rights of Third Parties) Act 1999.
• Neither of us is liable for failure caused by events beyond reasonable control.

23. Governing law and disputes

These terms and any dispute arising out of them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you are a consumer resident elsewhere in the United Kingdom, you may also bring proceedings in your local courts, and you keep the benefit of any mandatory consumer protections of the country you live in.

Before starting proceedings, please contact us at [email protected] — most things are quicker to sort out by email.