Draft template — not legal advice.
This document is a working draft pending review by a licensed attorney. It does not constitute legal advice and may not reflect your jurisdiction's requirements. Do not rely on it in production until counsel has reviewed and approved it.
Terms of Service
Effective date: [EFFECTIVE DATE]
These Terms of Service ("Terms") govern access to and use of the Cottage Cart platform ("Platform", "Service") operated by [COMPANY LEGAL NAME] ("Company", "we", "us"). By creating an account or using the Service you ("you", "Seller") agree to these Terms. If you do not agree, do not use the Service.
1. The Service
Cottage Cart provides software that lets sellers run their own preorder storefronts for scheduled pickup, including pickup windows, order cutoffs, and production capacity limits. We provide the software; you operate your own store, set your own products and prices, and fulfil your own orders.
2. Accounts and eligibility
You must provide accurate account information and keep your credentials secure. You are responsible for all activity under your account. You must be able to form a binding contract and operate a lawful business to use the Service.
3. Billing
Your first 10 orders processed through the Platform are free. After that, continued use of the Platform requires a flat monthly subscription. The subscription is a fixed recurring fee; we do not charge a per-order fee and we do not take a percentage of your sales. Subscription pricing is presented at sign-up and may change on prior notice. Fees are billed in advance and, except where required by law, are non-refundable. You may cancel at any time; cancellation stops future renewals and does not refund the current period.
4. Customer payments
Customer payments are processed through your own connected Stripe account or, where you enable it, collected by you in person at pickup. The Company is not a party to and is not the merchant of record for sales between you and your customers. Funds for your sales flow directly to you. Your use of Stripe is governed by Stripe's own agreements.
5. Seller responsibilities
You are solely responsible for your products and storefront content, accurate pricing and descriptions, fulfilment of orders, customer service, refunds, food safety and labelling where applicable, and collecting and remitting any taxes. You represent that you have the right to sell what you list and that your storefront complies with all laws applicable to your business.
6. Acceptable use
You agree not to use the Service to:
- break the law or facilitate unlawful activity;
- sell goods you are not legally permitted to sell;
- infringe intellectual property, privacy, or other rights of others;
- upload malware or attempt to disrupt, probe, or gain unauthorized access to the Service or other accounts;
- misrepresent your identity or your business, or send unsolicited bulk messages through the Service.
7. Suspension and termination
You may stop using the Service and close your account at any time. We may suspend or terminate access if you breach these Terms, fail to pay fees, or use the Service in a way that creates legal or security risk. Where practical we will give notice. On termination your right to use the Service ends; sections that by their nature should survive (including ownership, disclaimers, limitation of liability, and governing law) survive.
8. Intellectual property
The Platform software and Company branding are owned by the Company. You retain ownership of your store content and grant us the limited license needed to host and display your storefront and operate the Service.
9. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that it will meet your requirements.
10. Limitation of liability
To the maximum extent permitted by law, the Company will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to the Service will not exceed the amounts you paid us for the Service in the twelve months before the event giving rise to the claim.
11. Indemnification
You will indemnify and hold the Company harmless from claims, damages, and costs arising out of your products, your storefront content, your fulfilment of orders, your taxes, or your breach of these Terms.
12. Changes to these Terms
We may update these Terms. Material changes will be communicated through the Service or by email. Continued use after changes take effect means you accept the updated Terms.
13. Governing law
These Terms are governed by the laws of [GOVERNING LAW / JURISDICTION], without regard to conflict-of-law rules. The courts located in [GOVERNING LAW / JURISDICTION] will have exclusive jurisdiction, unless applicable law requires otherwise.
14. Contact
Questions about these Terms: [COMPANY LEGAL NAME], [COMPANY ADDRESS], [CONTACT EMAIL].