1. Parties & contact
Operator: Kingsless LLC d/b/a EightyUP, 7011 W Parmer Ln, Austin, TX 78729, United States. Site admin: admin@eightyup.co. Privacy: privacy@eightyup.com. Phone: 512-593-2352. Payments land at our Square business location branded 80UP. We are not a bank, credit union, money transmitter, gift-card issuer, or the store printed on any card.
“You” means the individual using the Service, and if you use it for a business, that business too. You represent you have authority to bind that business.
2. Eligibility
You must be at least 18 years old, able to form a contract, and located in the United States. The Service is not offered to persons on OFAC or other sanctions lists, to anyone previously banned, or to anyone using a stolen identity. We may refuse, freeze, or close any account at any time.
You will give a true first name, last name, email, and physical address because this marketplace moves cash and gift cards. Fake names, fake addresses, throwaway inboxes used to hide fraud, and accounts opened for another person without authority are a breach.
3. Accounts, passwords, 2FA
You are responsible for every action taken with your login. Keep your password secret. Optional authenticator (TOTP in an app you control, not SMS) is offered so a changed phone number cannot lock you out. If you lose the app, the site admin can turn it off after verifying you. We will not require a phone number to keep the account.
Because this marketplace moves cash and gift cards, you agree the site admin (only admin@eightyup.co) may use your account records — including email, name, address, payout destination, listings, and the email-password — on the admin desk to verify you, restore access, unwind a stuck sale, or investigate fraud. Sign-in passwords are sealed at rest and opened only on that desk. Other users cannot see them. This is not a grant of your password to the public. You consent to that limited admin use as a condition of using the Service. If you do not want that, do not create an account.
We may keep session cookies, device data, and login timestamps. Sharing an account, selling an account, or credential stuffing is prohibited.
4. What EightyUP is
EightyUP is a peer-to-peer marketplace for unused closed-loop and similar gift cards. A seller posts a card with a remaining balance and an ask price under that remaining. A buyer pays the ask through Square. We take eight percent (8%) of the card’s confirmed remaining balance — not of the ask — as our fee. Square’s card-processing cost comes out of that fee, not the seller payout. The seller is due the ask minus that fee as cash after the sale closes. Sample / practice cards are demos. They are not for sale and have no money on them.
We do not issue gift cards. We do not hold stored value for you as a bank. We do not guarantee a store will honor a card, that a remaining balance will stay the same after listing, or that an issuer will keep its program. Title to the gift-card number and PIN passes from seller to buyer when Square confirms the charge and an operator verifies remaining. Until then they stay locked. After title passes, the number and PIN themselves stay frozen — not shown to the buyer — for a further ten (10) days as a security step; the site admin may lift that freeze early on the buyer's account.
5. Sellers
You must own the card you post, have the legal right to sell it, and have obtained it lawfully. You will not post stolen, scam, employee-theft, fraudulently obtained, already-spent, emptied, reported, canceled, region-locked against the buyer, or PIN-changed cards. You will not drain a card after it is listed or after it sells. You will not list the same card in two places at once if a buyer here could receive an empty number. The Service itself also will not let you post a card that already has a live or in-progress post on EightyUP — one active listing per card at a time.
To post, you open the store’s official remaining checker, screenshot that page, and upload the original screenshot. We read remaining off the image and lock that amount. We also read the file’s capture metadata (EXIF / PNG creation time). A shot taken more than two hours before upload is rejected. Stripped metadata, edited timestamps, fakes, crops of old shots, photos of plastic, and shots of a different card are a breach. You cannot type a different remaining. At sale, an operator still checks the issuer or store checker by hand before the number and PIN are released. If remaining is empty or materially short, we refund the buyer and the listing may return to you or be pulled.
Minimum remaining is $5.00. Maximum remaining is $2,000.00 unless we say otherwise. Ask must be under remaining and within the range the post form allows (not below 40% of remaining, not within $1 of remaining). Deal labels (Poor, Fair, Good, 80↑+) are display only. They are not investment advice and not a promise of savings.
You may pull a live listing from Mine or the pay page before it sells. After it sells you cannot pull it. Once it sells, the number and PIN belong to the buyer. Do not use the card. Do not call the store to cancel it. Do not change the PIN.
Payout is the ask minus 8% of the card’s confirmed remaining balance (not 8% of the ask). Square pays us; we are not your payroll department. Timing of when cash is available to you depends on Square and our payout process. You are responsible for any tax on amounts you receive. We may hold, offset, or reverse a payout if the buyer chargebacks, the card is bad, or we reasonably suspect fraud.
- Warrant remaining at listing and at sale is not materially less than stated, except ordinary issuer lag of which you informed us.
- Warrant the number and PIN work for the named brand.
- Warrant you will not contact the buyer except through us if we ever allow that, and you will not harvest buyer data.
- Accept that last-four may show on the public board.
6. Buyers
You pay the ask through Square on the pay page. You are buying the gift-card number and PIN as listed, as-is, where-is, with whatever remaining the listing states at close, subject to issuer rules. After Square confirms, the sale sits on hold until an operator verifies remaining. Once it closes, the number and PIN are yours, but they stay frozen — not shown to you — for 10 days as a security step; the site admin can lift that freeze early if you contact us. Once shown, copy them and store them. We may not keep showing them forever. Loss of the number after delivery is your problem, not a refund.
You also accept the issuer’s gift-card terms: expirations (where still lawful), dormancy or service fees, regional limits, online vs in-store, no-cash-out rules, merchandise exclusions, and the risk the store closes. A “savings” figure is remaining minus ask. It is not a coupon from the store.
If the charge fails or the listing is already gone, Square should not capture, or should refund, and the listing stays with the seller. If you believe remaining was empty or materially wrong at delivery, tell us promptly at admin@eightyup.co with the listing id. We may investigate, freeze the seller, claw back payout, and/or refund in our discretion. We are not required to refund issuer-side fees, your time, or consequential loss. Chargebacks filed in bad faith are a breach.
7. Square, fees, taxes
All live purchases run through Square. Funds are received at Kingsless LLC’s Square location for 80UP. We do not take buyer card numbers onto our servers; Square does. You also agree to Square’s Payment Terms and Privacy Notice. We may decline any payment method Square declines.
Marketplace fee: 8% of the card’s confirmed remaining balance (not 8% of the ask), included in the buyer’s payment of the ask (the buyer pays the ask, not ask-plus-fee). Square processing (on the order of 2.9% + $0.30, which can change) is paid from that 8%, not taken a second time from the seller. If Square’s cost ever exceeds the fee on a sale, we may still complete the sale and eat the difference, or cancel before capture. We do not add a separate “buyer fee” unless we post a change to these Terms.
Practice cards do not take real money. Any path that sells a seed card without Square is a demo and not a model for live cards.
You are responsible for sales tax, income tax, information reporting, and gift-and-estate issues. Gift-card resale may be taxable. We do not give tax advice. We may issue tax forms if the law requires.
8. Balance checks
At post, remaining is what we read from a screenshot you upload of the store’s official checker. The original file’s capture metadata (EXIF or PNG creation time) must show it was taken in the two hours before upload. We lock that remaining. You cannot type a substitute. At sale, an EightyUP operator checks the store’s official checker (or equivalent) by hand and either releases the number and PIN or refunds the buyer. Automated HTTP probes, headless browsers, and captcha bridges may return later. They are not required for a listing to go live during this period.
Stores (including without limitation Home Depot, Starbucks, Main Event, Golden Corral, Visa gift, Amazon, Target, and every other brand on the board) are not our partners. Their checkers, Kasada, reCAPTCHA, hCaptcha, Turnstile, DataDome, PerimeterX, and Cloudflare may block a check. A block is not proof the card is bad. A successful check is not a guarantee the remaining will hold until a buyer spends it.
You will not game remaining: fake screenshots, edited balances, drain a listed card, use a card you do not hold, or brute-force PINs. A verified screenshot is still a warranty of remaining at that moment.
9. Listings & the board
Live cards are for sale. Practice cards are labeled Practice / Sample and are not for sale. Deal tiers (Poor, Fair, Good, 80↑+) apply only to live cards. Borders, rainbow rims, and “just in” tags are cosmetics.
We may edit, hide, delist, or refuse a listing for any reason, including suspected fraud, issuer complaint, duplicate number, or ugly ask. The public board may show brand, remaining, ask, savings, last-four, time, and city-level color. It will not show the full number or PIN until after a paid delivery to that buyer.
Search, nearby stores, and “places” use your area (GPS or IP) to show a local flavor. That is not an inventory of cards sitting in that store.
10. Prohibited conduct
Do not, and do not help anyone, do any of the following:
- Post or buy cards obtained by fraud, theft, phishing, account takeover, or employment theft.
- Launder money, evade sanctions, or structure sales to dodge reporting.
- Scrape, spider, or copy the board, checker flows, or user data.
- Reverse engineer payments, vaults, or the captcha bridge except as the law allows for interoperability.
- Upload malware, attack Square, or attack issuer sites through us.
- Impersonate EightyUP, a store, or another user.
- Post adult, violent, or illegal content in any field.
- Use a bot to hoop listings except our own Service.
- Circumvent a ban, fee, or pull.
- Violate issuer terms in a way that lands on us.
11. Intellectual property
The Service, Wordmark, 80↑ stamp, copy, layout, and software are owned by Kingsless LLC or our licensors. Stores’ names, logos, and trade dress belong to those stores. We use them to identify the cards people actually hold, as nominative fair use / referring use. No store has endorsed EightyUP unless we say so in writing.
You grant us a worldwide, royalty-free license to host and display your listing content to run the marketplace. You keep ownership of your content. Feedback you send is ours to use without payment.
12. Privacy
The Privacy Policy is part of these Terms. Electronic communications (email, in-app, SMS if you ever opt in) satisfy any legal writing requirement. You consent to receive operational mail about your account, sales, and fraud. Marketing mail you can turn off.
13. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, THAT A BALANCE CHECK IS CORRECT, THAT AN ISSUER WILL HONOR A CARD, THAT SQUARE WILL SETTLE, THAT A RAINBOW BORDER MEANS A GOOD DEAL FOR YOU, OR THAT PRACTICE CARDS RESEMBLE LIVE RISK.
Gift cards are bearer-style secrets. If a seller lies, an issuer freezes, or a PIN is already burned, you may lose money. That is the nature of this market. Do not buy more than you can stand to lose.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINGSLESS LLC, ITS OWNER, OFFICERS, CONTRACTORS, AND THE SITE ADMIN ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOST STORED VALUE, BUSINESS INTERRUPTION, OR REPLACEMENT CARDS, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE MARKETPLACE FEES YOU PAID US IN THE THREE MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME STATES DO NOT ALLOW SOME LIMITS. IN THOSE STATES OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWED. THESE LIMITS APPLY TO CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER THEORY.
15. Indemnity
You will defend, indemnify, and hold harmless Kingsless LLC, its owner, contractors, and the site admin from claims, damages, losses, and reasonable attorneys’ fees arising out of: your listings or purchases; your cards; your breach of these Terms; your violation of law or issuer rules; your tax; a chargeback you cause; or a third-party claim that you did not own a card. We may take over the defense with counsel we choose.
16. Disputes, Texas law, arbitration
Texas law governs, without regard to conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply.
Informal first: email admin@eightyup.co with a short description and wait 30 days.
Binding arbitration: except for small-claims and the IP/injunctive carve-out below, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Venue sits in Travis County, Texas, unless the AAA rules put the hearing nearer you. The arbitrator may award the same damages a court could, subject to Section 14. Judgment may be entered in any court of competent jurisdiction.
Class waiver: YOU AND WE MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate unless both sides agree.
Carve-outs: either side may sue in small-claims court in Travis County, Texas (or your county if the law requires) for qualifying amounts; and either side may seek injunctive relief in Texas state or federal court in Austin for IP misuse, scraping, or unauthorized access. Jury trial is waived to the extent allowed.
Opt-out: you may opt out of arbitration within 30 days of first agreeing to these Terms by writing to Kingsless LLC, 7011 W Parmer Ln, Austin, TX 78729, Attn: Arbitration Opt-Out, with your name, email, and a clear statement. Opting out does not opt you out of the class waiver to the extent the law allows a court to enforce it.
17. DMCA & brand complaints
If you believe content on the Service infringes copyright, send a notice under 17 U.S.C. §512 to admin@eightyup.co with: your signature, the work, the URL, your contact, a good-faith statement, and a perjury statement. We may remove content and ban repeat infringers. Stores who want a brand used less should write the same address. Nominative use to sell a genuine leftover card is not, standing alone, infringement.
18. Term, suspension, death of a listing
These Terms start when you first use the Service and continue until you delete your account or we close it. Sections that should survive (fees owed, warranties on sold cards, IP, disclaimers, liability, indemnity, disputes, privacy) survive. We may suspend listings or the whole Service for maintenance, law, or risk. We are not liable for downtime.
19. Changes
We may change these Terms. The “Last updated” date will move. Material changes may also be mailed to your account email. Continued use after the effective date is acceptance. If you do not agree, pull your live listings and stop using the Service before that date.
20. Miscellaneous
Entire agreement: these Terms, the Privacy Policy, in-product notices, and any written addendum we both sign. No waiver is a continuing waiver. If a court or arbitrator knocks out a line, the rest stays. You may not assign without our consent; we may assign to an affiliate or buyer of the business. No third-party beneficiaries except indemnified people. Headings are for reading, not construction. “Including” means including without limitation. We may use subcontractors (Square, hosting, captcha solvers, email). Force majeure: we are not liable for failures caused by issuers, Square, networks, captcha vendors, law, weather, war, or labor. Export and sanctions: you will not use the Service if prohibited. Apple, Google, and other app stores are third-party beneficiaries of the mobile-store rules if we ship an app there. Government users get the Service as “commercial computer software.” Notices to you: email or posting in the Service. Notices to us: the address in Section 1. Control language is English. Texas Consumer notice: you may have additional rights that these Terms cannot cut back; we do not seek to do so beyond the law.
21. Acknowledgement
You acknowledge you have had a chance to read these Terms, including the tiny type, the arbitration clause, the class waiver, the admin-password clause, the 8% fee, the as-is gift-card risk, and the Privacy Policy. You agree anyway.
End of Terms of Service
