Terms of Service

These Terms of Service ("Terms") govern your access to and use of Plumpy's services, including our website, platform, and any other services we offer (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you are using our Services on behalf of a business, organization, or other entity, then "you" means both you and that entity, and you represent and warrant that you are authorized to bind that entity to these Terms.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MAY NOT USE OUR SERVICES.

1. Service Availability and Geographic Restrictions

We reserve the right to expand or modify our supported regions as we integrate additional payment processors. We may suspend or terminate services to users in countries where regulatory changes or business considerations make it necessary.

By creating an account, you represent that you are located in and operate your business from a supported country.

2. Account Registration

To access certain features of our Services, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and your business. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

You must be at least 18 years old to create an account and use our Services. By creating an account, you represent and warrant that you are at least 18 years old.

3. Your Store and Content

Our Services allow you to create and manage an online store to sell products or services to customers. You are solely responsible for:

• All products and services you offer through our Services
• All content you upload, post, or otherwise make available through our Services ("Your Content")
• Compliance with all applicable laws and regulations related to your business, products, and services
• Obtaining all necessary rights, permissions, and consents to use, share, and display Your Content
• Ensuring the accuracy and quality of information provided to customers

You retain ownership of Your Content. However, by uploading or sharing Your Content on our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display Your Content for the purpose of providing and improving our Services.

Prohibited Content and Activities

You agree not to use our Services to sell prohibited products or services, including but not limited to:

• Illegal goods, services, or activities
• Items that infringe intellectual property rights
• Regulated items without appropriate licensing (e.g., alcohol, tobacco, firearms)
• Items that promote hate, violence, or discrimination
• Adult content or sexually explicit materials
• Counterfeit goods
• Hazardous materials

We reserve the right to remove any content that violates these Terms or that we determine, in our sole discretion, is harmful, offensive, or otherwise inappropriate.

4. Platform Fees and Payments

Subscription Fees

We charge fees for the use of certain features of our Services, as described on our Pricing page. We may change our fees at any time by posting updated fees on our website, but we will provide you with advance notice before changes become effective.

For any subscription fees, you agree to pay all fees in accordance with the payment terms in effect when you subscribe. You must provide a valid payment method for recurring charges. By providing payment information, you authorize us to charge that payment method for all fees incurred.

Payment Processing

All payment processing is handled by Stripe. By using our Services, you agree to Stripe's terms of service and acknowledge that your relationship with Stripe is governed by their agreements.

Refunds and Chargebacks

Platform fees are non-refundable, even in cases of refunded transactions or chargebacks. You remain responsible for any chargeback fees imposed by payment processors.

Taxes

All fees are exclusive of taxes, which are your responsibility. You are responsible for determining and paying all applicable taxes related to your use of our Services and your sales transactions.

5. Data Protection and Privacy

Privacy Compliance: Our Privacy Policy describes how we collect, use, and share information about you when you use our Services. By using our Services, you agree to our collection, use, and sharing of information as described in our Privacy Policy.

Merchant Responsibilities: As a merchant, you are responsible for complying with all applicable privacy laws and regulations, including GDPR, CCPA, and other data protection laws, when collecting, using, and sharing customer information through our Services. This includes:

• Obtaining proper consent for data collection
• Providing clear privacy notices to your customers
• Implementing appropriate data security measures
• Responding to data subject requests (access, deletion, etc.)
• Reporting data breaches as required by law

Data Processing: Where applicable under GDPR and similar laws, Plumpy acts as a data processor for customer data you collect through our Services, and you act as the data controller. You must ensure you have a lawful basis for processing personal data and must enter into appropriate data processing agreements where required.

6. Term and Termination

These Terms will remain in effect until terminated by either you or us. You may terminate these Terms at any time by canceling your account and ceasing all use of our Services. We may terminate or suspend your access to our Services at any time, with or without cause and with or without notice.

Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

7. Intellectual Property

Our Services and all content and materials included on our Services, such as text, graphics, logos, images, and software, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for their intended purpose in accordance with these Terms. You may not:

• Copy, modify, or create derivative works based on our Services or content
• Reverse engineer, decompile, or attempt to extract the source code of our software
• Remove or alter any copyright, trademark, or other proprietary notices
• Transfer, sublicense, lease, lend, rent, or otherwise distribute our Services to any third party

8. Warranties and Disclaimers

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT OUR SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, OR THAT ANY DEFECTS WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES RESULTING FROM YOUR USE OF OUR SERVICES, INCLUDING ANY LOSS OF DATA OR BUSINESS OPPORTUNITIES.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PLUMPY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE OUR SERVICES.

IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

10. Indemnification

You agree to indemnify, defend, and hold harmless Plumpy and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

• Your violation of these Terms
• Your Content
• Your products or services
• Your interactions with customers or third parties through our Services
• Your violation of any law or the rights of a third party
• Your violation of data protection laws or privacy regulations

11. Modifications to the Terms and Services

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will provide notice through our Services or by other means. Your continued use of our Services after the changes take effect constitutes your acceptance of the revised Terms.

We may modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

Any dispute arising from or relating to these Terms or our Services shall be resolved exclusively through final and binding arbitration. The arbitration shall be conducted in English under the rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

Any claim arising out of or related to these Terms must be filed within one year after such claim arose. Claims filed after this time period will be permanently barred.

14. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Plumpy regarding your use of our Services.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Plumpy.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under the law.

Assignment

You may not assign these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms, in whole or in part, at any time without notice.

Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of God, natural disasters, pandemics, war, terrorism, riots, civil unrest, or governmental actions.