Terms of Service

Pinyata provides a conditional discount platform for ecommerce merchants. The Service allows merchants to add a widget to their online stores through which their customers can select real-world conditions. If all selected conditions resolve as true after the customer completes a purchase, the customer receives a monetary rebate from Pinyata.

Pinyata operates as a third-party promotional service. We are not a party to the transaction between the merchant and the customer. We do not sell, resell, or endorse any merchant's products or services.

To use the Service as a merchant, you must create an account and provide accurate, complete information including your legal business name, store URL, and valid payment information. You are responsible for maintaining the security of your account credentials.

You represent and warrant that you have the legal authority to bind your business to these Terms and that your use of the Service complies with all applicable laws, regulations, and the terms of service of your ecommerce platform (e.g., Shopify, WooCommerce).

Pinyata charges a percentage fee per qualifying transaction as described on our Pricing page. A qualifying transaction is any completed purchase where a customer selects one or more conditions through the Pinyata widget. Fees are charged regardless of whether conditions ultimately resolve as true or false.

Fees are billed monthly in arrears. We reserve the right to modify pricing with 30 days written notice. Continued use of the Service after a pricing change constitutes acceptance of the new pricing.

Pinyata fees are non-refundable. If a customer returns a product or receives a refund from the merchant for any reason, the Pinyata fee for that transaction is not refunded to the merchant. The Pinyata fee compensates for the promotional service provided at the time of purchase, which is fully delivered upon condition selection and transaction completion, regardless of subsequent refund activity between the merchant and the customer.

When a customer's selected conditions all resolve as true, Pinyata issues a rebate payment directly to the customer. Rebate payments are made by Pinyata as a third party and do not constitute a refund from the merchant. Merchants are not responsible for funding, processing, or managing rebate payouts.

Rebate payments may be issued via ACH transfer, PayPal, Venmo, virtual prepaid card, or store credit, at Pinyata's discretion. Pinyata reserves the right to verify customer identity before issuing payouts above certain thresholds.

Conditions are derived from regulated prediction market platforms and public data sources. Each condition has a defined resolution date and clear resolution criteria. Pinyata determines condition resolution based on publicly available, verifiable data from these sources.

Pinyata's determination of whether a condition has been met is final and binding. In the event that a condition cannot be resolved due to market cancellation, ambiguity, or extraordinary circumstances, Pinyata may void the condition and adjust the customer's rebate eligibility accordingly.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Attempt to manipulate, game, or exploit the condition selection or resolution system
• Create multiple accounts to circumvent usage limits or earn multiple rebates
• Use automated tools to interact with the Service without our written consent
• Resell, sublicense, or redistribute the Service
• Reverse engineer, decompile, or disassemble any part of the Service

The Service, including all software, content, design, trademarks, and documentation, is owned by Pinyata and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

Merchants retain ownership of their own content, products, and branding. By using the Service, you grant Pinyata a limited license to display your store name and logo in connection with the Pinyata widget on your store.

To the maximum extent permitted by law, Pinyata shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, arising from your use of the Service.

Pinyata's total aggregate liability for all claims arising from or related to these Terms or the Service shall not exceed the total fees paid by you to Pinyata in the twelve (12) months preceding the event giving rise to the claim.

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pinyata does not warrant that the Service will be uninterrupted, error-free, or secure.

You agree to indemnify, defend, and hold harmless Pinyata and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

Either party may terminate these Terms at any time by providing written notice. Upon termination, your access to the Service will be revoked. Pinyata will continue to process any outstanding condition resolutions and rebate payouts for transactions completed before termination.

Pinyata may suspend or terminate your account immediately if we reasonably believe you have violated these Terms or engaged in fraudulent activity.

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall take place in New York, New York. Each party shall bear its own costs, and the arbitrator's decision shall be final and binding.

You waive any right to participate in a class action lawsuit or class-wide arbitration against Pinyata.

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

Pinyata conditional discounts are structured as promotional rebates, not wagers, bets, or financial instruments. Customers do not stake consideration on an uncertain outcome. They purchase a product at full price and may receive a promotional rebate from a third party (Pinyata) if certain publicly verifiable conditions are met. See our Legal Framework page for detailed analysis.

We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

For questions about these Terms, contact us at legal@pinyata.co.