FlakeFlakeTrade is a demonstration. This page is a proposed working draft, not an agreement presently governing live transactions. Business decisions and legal counsel review remain outstanding. No credit, payment, delivery or protection obligation is activated by this preview.
Outstanding Legal and Business Decisions
Last reviewed: · Draft version: 2026-11-08-preview-1
English is the only working legal draft. Legal translations are pending and have not been reviewed by counsel. Navigation and review notices are localized; English source clauses remain unchanged.
These previews do not make demonstration claims of verified sellers, protected payments, inspected products or available credits operational safeguards.
All 42 decisions remain open. Recommendations are proposals, not approvals. Review responsibilities below are suggested roles, not confirmed appointments.
- Open
- An unresolved decision requiring business and legal review.
- Proposed
- A source recommendation that has not been approved.
- Approved
- Requires documented approval. No decision in this register has this status.
P0 · Before relevant live features
Business and counsel
D01 · Open
Is a Flake Credit now part of v1, superseding the September v0.9 deferral?
Project documentation conflicts
Proposed — not approved: Treat as major proposed version change; do not silently activate
D02 · Open
Define exactly one “box”: standard weight, manufacturer, sealed status, material grade, and equivalence
Prevent one cheap/small box purchasing an expensive/larger box
Proposed — not approved: Define an eligible standard unit or explicit tiers; avoid undisclosed value differences
D03 · Open
Define whether a member “sells” a box for credit or trades title to another member
Determines legal obligations, tax, UCC, and acceptance events
Proposed — not approved: Document legal transaction chain; no unsupported claim that FlakeTrade owns goods
D04 · Open
Determine precisely when credits are earned, final, revoked, and debited
Prevent credits created before acceptance or double spending
Proposed — not approved: Pending on shipment; final after clear acceptance/dispute window
D05 · Open
Specify how outstanding valid credits are satisfied when inventory is scarce
Nonexpiring credit promise can create long-lived claims
Proposed — not approved: No guarantee of immediate availability; publish meaningful ongoing redemption and wind-down remedies
D06 · Open
Define an actual shutdown / program termination remedy for outstanding credits
Blanket forfeiture creates legal and reputational risk
Proposed — not approved: Counsel-approved substitute/redemption/settlement mechanism; no retroactive removal
D08 · Open
Confirm eligibility/regulatory classification of noncash credits, transferability, and any money-services obligations
Labels like “not cash” alone do not settle status
Proposed — not approved: Counsel review federal and relevant state law before live launch
D12 · Open
Legal entity name/state/address, governing law, counsel-approved venue/arbitration option, privacy policy
Binding contracting party and lawful notices
Proposed — not approved: Verify before publication
D13 · Open
Decide credit treatment after fraud, bankruptcy, business dissolution, death, long inactivity, or account closure
No-expiration policy must remain coherent
Proposed — not approved: No arbitrary earned-credit confiscation; legal treatment of claims
D26 · Open
Who bears indefinite waiting risk for a suitable box?
Proposed — not approved: Contributor expressly acknowledges risk in stand-alone clickwrap; no matching deadline or guaranteed sourced inventory; keep legitimate credit and meaningful wind-down remedy
D27 · Open
Is promoting the marketplace mandatory?
Proposed — not approved: Make it a voluntary community commitment; no required invitations, quotas, or credit forfeiture for declining to promote
D32 · Open
Launch status vs September implementation specification
Proposed — not approved: Keep Flake Credits and automated referral messages feature-gated; business-model direction does not mean the v0.9 code has already implemented them
R1 · Open
Is promotion by contributors an aspirational community value or an enforceable obligation?
Proposed — not approved: Recommend aspirational/voluntary to avoid coerced messaging, confusing contractual remedies and sending abuse.
R2 · Open
Should public contributor metrics be opt-in?
Proposed — not approved: Recommend yes; default show private dashboard counts, optional public alias recognition.
R3 · Open
When precisely does a contributed box count?
Proposed — not approved: Recommend accepted trade after recipient review window, consistent with separate credit issuance decision.
R8 · Open
Are there rewards for referring contractors?
Proposed — not approved: Recommend no incentive at launch; if introduced, review CAN-SPAM forwarding/referral and FTC endorsement disclosures.
R10 · Open
How do credits reconcile with current authoritative v0.9 scope?
Proposed — not approved: Treat credits as separately approved feature, not an assumed deployment dependency.
Finance and counsel
D07 · Open
Decide inventory or financial backing, reserve policy, and solvency monitoring
Credits can exceed immediately available supply
Proposed — not approved: Monthly credit ledger vs eligible listings; stress-test redemption shortfall
D10 · Open
Determine accepted exact fee matrix; prepaid/deferred seller fees; buyer fees; refund/chargeback cases
Current staging displays $5 prepaid and $7.50 deferred, not a flat $5 seller fee
Proposed — not approved: One approved fee schedule, with explicit transaction disclosure
D11 · Open
Define marketplace payments: trade-only fees vs optional cash sales and seller payouts
Different processor obligations
Proposed — not approved: Avoid a universal “no payouts” claim if Buy Now remains live
Operations and counsel
D09 · Open
Confirm actual UPS contract: one-package limits, prohibited items, required identities, labels, barcode conditions, shipping-charge timing, claims
Terms must match signed contract and API capabilities
Proposed — not approved: Do not promise perfect anonymity or label-free acceptance at every location
Privacy and counsel
D28 · Open
Contributor badge and tally
Proposed — not approved: Count only accepted net contributions; display as verified contributor history without implying charitable donation; allow privacy-preserving display choices
D29 · Open
Can member-submitted email invitations be dispatched automatically?
Proposed — not approved: Only after counsel approves sender, CAN-SPAM compliance, suppression, max frequency, privacy and retention; send from FlakeTrade, not spoofed member
D30 · Open
Can member-submitted mobile numbers receive promotional texts?
Proposed — not approved: No by default. Require recipient-level legally sufficient consent and auditable proof first; phone fields may be stored pending and later verified or used only in explicitly lawful flows
D31 · Open
How should unsolicited recipient data be retained/deleted?
Proposed — not approved: Minimize, encrypt, deduplicate, suppress opt-outs, auto-delete unverified contact records on approved short schedule; privacy notice and deletion request route
R4 · Open
How many email invites can a user submit, and how often?
Proposed — not approved: Approve configurable initial caps; avoid unlimited invitations.
R5 · Open
When is an email legally permitted to be sent?
Proposed — not approved: Counsel should confirm compliance for the specific commercial invitation, privacy notice, recipient region, legitimate data sourcing and opt-out handling.
R6 · Open
Are phone numbers stored for future recipient-driven opt-in or is phone input disabled until SMS is ready?
Proposed — not approved: Recommend store pending briefly without sending; alternatively launch email-only first.
R7 · Open
How long are unconsented contact records kept?
Proposed — not approved: Set defensible time limits, opt-out suppression, and deletion policies.
R9 · Open
Should referral outreach be tied to a specific active listing vs a general platform invitation?
Proposed — not approved: Recommend listing-specific, with no implied authorization for unrelated mailing campaigns.
P1 · Before nationwide scale
Business and counsel
D18 · Open
Noncircumvention length and exception for preexisting relationships
Proposed — not approved: Narrow, enforceable protection against diversion of a matched transaction
D23 · Open
Credit transferability, inheritance, business succession and mergers
Proposed — not approved: Prefer nontransferable initially except lawful succession; review legally
D24 · Open
Direct-damages cap and indemnity exclusions
Proposed — not approved: Counsel-approved commercially fair cap with statutory carveouts
Finance and counsel
D19 · Open
State tax, barter reporting, sales/use and marketplace facilitator rules
Proposed — not approved: Multistate CPA/tax-counsel analysis
D20 · Open
Refunds of fees and shipment costs; card disputes; processor reserves
Proposed — not approved: Provider-specific, legally compliant rules and adequate chargeback reserves
D25 · Open
Wind-down operational playbook and financial statements for credit liabilities
Proposed — not approved: Quarterly management review and external accounting classification
Operations and counsel
D14 · Open
Quality and defect standards; title transfer and risk of loss
Proposed — not approved: Objective sealed-box checklist, shipment evidence, receiving inspection
D15 · Open
Time windows for reservation, inspection, claims, non-response, and appeal
Proposed — not approved: Publish specific reasonable windows; protect latent defects and nonwaivable rights
D16 · Open
UPS price adjustments and misdeclared weight/dimensions
Proposed — not approved: Disclose up-front maximum/authorization and postshipment reconciliation
D17 · Open
Shipping insurance, claims owner, damaged/lost packages, returns
Proposed — not approved: Tie to carrier contract and member fault, not sweeping blanket disclaimers
D22 · Open
Record retention, accessible version history, and clickwrap evidence
Proposed — not approved: Versioned snapshots and transaction-by-transaction assent
Privacy and counsel
D21 · Open
Privacy, retention, shipment label identity and address disclosure
Proposed — not approved: No absolute anonymity claims; clarify privacy disclosures
DRAFT PREVIEW ONLY. No effective date or legal approval has been established. No assent is requested or recorded.