Holdshake is operated by [COMPANY LEGAL ENTITY] ("Holdshake," "we," "us"). You accept these Terms each time you take an action on a deal — creating one, approving its terms, funding a hold, submitting a delivery, opening a dispute, or submitting evidence. If you do not agree, do not use the service. Approving a deal's terms is an electronic signature under applicable e-signature law.
Holdshake drafts deal terms, administers payment holds, and provides platform dispute resolution for deals between two parties. Payments are processed and funds are held by Stripe, our payment processor; Holdshake is not a bank, a licensed escrow company, a money transmitter, or a law firm, and nothing in the service — including drafted terms and rulings — is legal advice. We cannot spend the funds in a hold; we can only execute release outcomes determined by the parties' approvals, the automatic-release clock, or a ruling under Section 6.
You must be at least 18 years old and able to form a binding contract. Access to a deal is through your private deal link and deal code; you are responsible for keeping them confidential. Anyone presenting your link may act as you on that deal. Recovery requires the deal code plus the email bound to your role.
You are responsible for the accuracy of everything you submit — deal descriptions, delivery records, evidence. You may not use Holdshake for anything illegal; for goods or services prohibited by law or by Stripe's restricted-business terms; for money laundering, structuring, or moving funds unconnected to a genuine deal; to deal with a party you know to be a minor; or to harass, defraud, or deceive. We may freeze, cancel, or refund deals that we reasonably believe violate this section, and may report as required by law.
If either party opens a dispute, both parties may submit written evidence within the evidence window (default 48 hours). Holdshake's neutral referee then issues a written determination allocating the held funds between the parties, in whole or in part. By approving a deal's terms, both parties agree that the determination is final and binding as a matter of contract between them for purposes of disbursing the held funds, and irrevocably instruct Holdshake and its payment processor to disburse accordingly. The referee decides only from the record: the approved terms, the delivery record, the event log, and submitted evidence. A party who submits no evidence rests on the existing record. This process is a contractual platform dispute resolution mechanism, not an arbitration under the Federal Arbitration Act or a court proceeding; it resolves only the disposition of the held funds and does not bar either party from pursuing other remedies for claims beyond the hold.
Drafted terms and referee determinations are generated with the assistance of artificial intelligence and reviewed against the record as described above. You are responsible for reading terms before approving them. If drafted terms do not reflect your deal, revise them before approving — approval constitutes your acceptance of the terms as written.
You retain ownership of content you submit. You grant Holdshake a non-exclusive license to store, process (including via third-party AI providers), and display that content to the deal's parties as needed to operate the service, resolve disputes, comply with law, and defend claims.
The service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that any counterparty will perform, that drafted terms fit your needs, or that a determination will match the outcome a court would reach.
To the maximum extent permitted by law: Holdshake's aggregate liability arising out of or relating to a deal is limited to the fees you paid Holdshake for that deal; we are not liable for indirect, incidental, special, consequential, or punitive damages, or lost profits; and we are not liable for the acts or omissions of the other party to your deal. Some jurisdictions do not allow certain limitations; in those, our liability is limited to the smallest amount permitted.
You will defend and indemnify Holdshake against claims arising from your breach of these Terms, your deal, your content, or your violation of law, except to the extent caused by our own misconduct.
We may suspend or terminate access for violations of these Terms; deals already funded will be completed, refunded, or resolved under Section 6. We may update these Terms; material changes apply to deals created after the change takes effect.
These Terms are governed by the laws of [STATE], excluding conflict-of-law rules. Courts located in [COUNTY, STATE] have exclusive jurisdiction over disputes with Holdshake itself (disputes between deal parties over held funds are resolved under Section 6).
[COMPANY LEGAL ENTITY], [ADDRESS], [CONTACT EMAIL].