Terms of Service

1. Agreement to Terms

By accessing or using our Services, creating an account, or placing an order through a store hosted on our platform, you agree to be bound by these Terms. If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.

2. Eligibility and Geographic Restrictions

The Services are not available to, and may not be used by, individuals or entities located in the European Economic Area (EEA), the United Kingdom, or Switzerland. By accessing or using the Services, you represent and warrant that you are not located in, and are not a resident of, any of these regions.

If we determine that a user is accessing the Services from a restricted region, we reserve the right to suspend or terminate their account and access without notice. We make no representations that the Services are appropriate or available for use in all locations. Users who access the Services from jurisdictions outside the United States do so at their own initiative and are responsible for compliance with local laws.

3. Description of Services

Itemstores provides a hosted software platform that enables businesses ("Businesses") to create and manage online stores ("Stores"), process orders, manage inventory, collaborate with team members, and integrate with third-party payment and shipping providers. Customers ("Customers") may browse Stores, purchase products, and interact with Businesses through the platform.

Our Services include, but are not limited to:

• Online store creation and hosting
• Product listing and management tools
• Payment processing through Stripe, Inc. ("Stripe")
• Discounted shipping label generation through integrated carrier services
• Order management and fulfillment tools
• Customer management and analytics
• Custom domain and subdomain links

Itemstores does not manufacture, sell, stock, fulfill, or ship any goods unless expressly agreed in writing.

4. Merchant of Record; Platform Role

Each Business using the Services is the merchant of record for all transactions conducted through its Store. Itemstores is a technology platform and marketplace facilitator. We are not a party to any transaction between Businesses and Customers.

Itemstores:

• Is not a seller of goods.
• Does not take title to products.
• Does not set product pricing.
• Is not responsible for product quality, safety, legality, labeling, or compliance.
• Is not responsible for fulfillment, shipping, refunds, returns, warranties, or customer service.
• Is not responsible for collecting, reporting, or remitting sales or use taxes.

Customers purchase products directly from the Business identified on the Store. Any disputes regarding products, refunds, returns, or delivery must be directed to the Business. Businesses are independent entities and are not employees, agents, or representatives of Itemstores.

5. Account Registration and Responsibilities

To use certain features of the Services, you must create an account. You must be at least 18 years of age to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information to keep it accurate and current
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

Businesses may authorize additional users under their account. The primary account holder is responsible for all actions taken by authorized users.

We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

6. Business Responsibilities

If you use the Services to create a Store and sell products, you are a "Business" and agree to the following:

6.1 Product Listings

You are solely responsible for the accuracy and completeness of all product listings, including descriptions, images, pricing, and availability. All listings must comply with applicable laws and regulations.

6.2 Order Fulfillment

You are solely responsible for the fulfillment of all orders placed through your Store, including packaging, shipping, and timely delivery. You are responsible for managing and resolving all post-sale issues, including returns, refunds, exchanges, defective products, and customer complaints.

6.3 Legal Compliance

You must comply with all applicable laws and regulations, including:

• Consumer protection laws
• Product safety and labeling requirements
• Tax collection and remittance obligations (you are solely responsible for collecting and remitting all applicable sales taxes, use taxes, and other taxes to the appropriate taxing authorities)
• Anti-spam regulations (CAN-SPAM) for marketing communications
• State-specific requirements such as California Proposition 65 warnings where applicable
• Intellectual property laws
• Applicable data protection and privacy laws

6.4 Product Safety and Liability

You warrant that all products you sell are safe, legal, and fit for their intended purpose. You are solely responsible for any claims arising from the products you sell, including but not limited to product liability claims, personal injury claims, and property damage claims. You agree to maintain appropriate insurance coverage for your business operations.

7. Customer Terms

If you purchase products through a Store on the Itemstores platform, you are a "Customer" and acknowledge the following:

• You are purchasing directly from the Business, not from Itemstores. Itemstores is not a party to any transaction between you and a Business.
• You must provide accurate shipping, billing, and payment information.
• You agree to pay the full purchase price, including any applicable taxes, shipping costs, and fees displayed at checkout.
• Return, exchange, and refund policies are determined by the individual Business, not by Itemstores.
• For any issues with your order (including quality, shipping, damage, or missing items), you should contact the Business directly.
• Your payment may be processed immediately upon order placement, even if the product has not yet shipped.

8. Payment Processing

Payment processing services are provided by Stripe, Inc. ("Stripe") or other designated third-party payment processors.

By using the Services, Businesses agree to:

• Establish and maintain a Stripe Connected Account.
• Comply with Stripe's terms of service and privacy policy.
• Authorize Itemstores to collect platform fees through Stripe, including via application_fee_amount or other Stripe-supported mechanisms.

Funds from transactions flow directly between Customers and the Business through Stripe. Itemstores does not hold or custody customer funds.

Itemstores is not responsible for:

• Stripe's payout timing
• Account freezes
• Payment holds
• Chargebacks administered by Stripe
• Other Stripe compliance actions

Pricing Errors

We reserve the right to correct any errors in pricing or product information. If a product is listed at an incorrect price due to a typographical error or system glitch, we or the Business may cancel the order and issue a full refund.

9. Fees

Businesses agree to pay all applicable fees, including:

• Per-order platform fees
• Shipping-related service fees
• Any other fees disclosed within the account dashboard or on our Pricing page

Itemstores may deduct fees from payouts before funds are transferred to the Business.

All fees are non-refundable unless required by law. Platform fees charged on refunded transactions may or may not be refundable at Itemstores' sole discretion.

Itemstores may modify pricing upon reasonable notice to affected users.

Businesses are solely responsible for all applicable taxes associated with their sales.

10. Shipping and Third-Party Services

10.1 Shipping Responsibility

Itemstores is not a shipping carrier and does not ship or deliver any products. We provide tools that allow Businesses to purchase discounted shipping labels and calculate shipping rates. The Business is solely responsible for selecting a carrier, packaging items, and ensuring timely shipment.

10.2 Third-Party Integrations

The Services may integrate with third-party providers, including payment processors, shipping platforms (such as Shippo), carriers, hosting providers, and analytics services ("Third-Party Providers"). Itemstores does not control and is not responsible for the actions or omissions of Third-Party Providers, including shipping delays, lost or damaged packages, carrier performance, or third-party service outages.

10.3 Risk of Loss

For all shipments, risk of loss and title to products pass from the Business to the Customer upon delivery of the products to the shipping carrier. Once a package is handed to the carrier, any loss, damage, or delay during transit is between the Customer, the Business, and the carrier — not Itemstores.

10.4 Estimated Delivery Times

Any delivery dates or shipping timeframes displayed on the platform are estimates only and are not guaranteed by Itemstores. We are not responsible for any delays caused by carriers, weather, customs processing, or any other circumstances beyond our control.

10.5 Shipping Labels and Rates

Discounted shipping rates available through our platform are provided by our carrier partners and are subject to change without notice. Itemstores does not guarantee the availability of any specific carrier, service level, or discount rate.

10.6 Lost or Damaged Shipments

Itemstores is not liable for packages that are lost, stolen, damaged, or delayed during transit. Itemstores and its shipping label provider (Shippo) do not physically handle, transport, or deliver any packages and therefore have no liability for carrier performance.

If a shipment is lost, damaged, delayed, or otherwise mishandled, you must file a claim directly with the shipping carrier (e.g., USPS, UPS, FedEx, DHL). Neither Itemstores nor Shippo processes, mediates, or adjudicates shipping claims. Businesses are encouraged to purchase shipping insurance for high-value shipments.

10.7 International Shipping

For international orders, the Customer is solely responsible for all customs duties, import taxes, brokerage fees, and other charges imposed by the destination country. Itemstores has no involvement in and bears no responsibility for customs processing or international shipping regulations.

10.8 Prohibited and Dangerous Goods

By using the Services to ship products, you represent and warrant that you will not ship any goods that are classified as prohibited, restricted, hazardous, or dangerous under applicable federal, state, or local laws, or under the rules and regulations of the shipping carrier used. This includes, but is not limited to:

• Explosives, flammable liquids or solids, and compressed gases
• Toxic, poisonous, or radioactive materials
• Controlled substances, illegal drugs, and drug paraphernalia
• Weapons, firearms, ammunition, and their components
• Any goods prohibited by the U.S. Department of Transportation (DOT), the International Air Transport Association (IATA), or the applicable shipping carrier

You are solely responsible for determining whether your products are subject to shipping restrictions and for complying with all applicable laws and carrier policies. Itemstores assumes no liability for any claims, fines, penalties, damages, or losses arising from the shipment of prohibited or dangerous goods. Violation of this section may result in immediate account suspension or termination.

11. Pre-Order and Pop-Up Store Acknowledgment

Certain Stores may operate on a pre-order or group-order basis. Customers acknowledge that:

• Products may not ship until after the Store closes.
• Delivery timelines may extend several weeks.
• Production schedules are determined by the Business.
• Itemstores is not responsible for production or fulfillment delays.

12. Returns and Refunds

Return and refund policies are established and managed by individual Businesses, not by Itemstores. Customers should review the Business's return policy before making a purchase.

Itemstores provides tools for Businesses to process refunds through the platform. However, Itemstores does not determine or enforce return or refund policies and is not responsible for any disputes arising from a Business's return or refund practices.

13. Chargebacks, Fraud, and Risk Controls

13.1 General

Businesses are solely responsible for chargebacks, disputes, refunds, fines, penalties, and fraud associated with their transactions.

Itemstores reserves the right to:

• Withhold payouts
• Offset losses against future payouts
• Deduct chargeback amounts and associated fees from your account
• Suspend or terminate accounts
• Report suspicious activity to payment processors or authorities

Excessive chargebacks or fraudulent activity may result in account suspension or termination.

13.2 Credit Top-Up Dispute Fee

If you initiate a payment dispute, chargeback, or reversal with your bank, credit card company, or payment provider with respect to any credit top-up or other charge made through the platform (a "Dispute"), Itemstores will assess an administrative fee of $15.00 per Dispute (the "Dispute Fee"). This fee reflects the actual administrative costs incurred by Itemstores, including fees imposed on us by our payment processor for each Dispute.

You authorize Itemstores to collect the Dispute Fee by any of the following methods: (a) deducting it from your account credit balance; (b) charging it to the payment method on file; or (c) invoicing you, payable within thirty (30) days.

The Dispute Fee is in addition to any other amounts owed to Itemstores as a result of the Dispute, including the original transaction amount. If the Dispute is resolved in your favor and Itemstores determines, in its sole discretion, that the Dispute was filed in good faith due to an error by Itemstores, the Dispute Fee will be refunded. The Dispute Fee will not be refunded for Disputes filed frivolously, in bad faith, or for transactions that were validly authorized by you.

13.3 Account Suspension Upon Dispute

Itemstores reserves the right to immediately suspend or restrict your account upon receipt of any Dispute. Your account may remain suspended until the Dispute is resolved and all outstanding amounts, including any applicable Dispute Fees, have been paid in full.

13.4 Contact Before Disputing

Before initiating a Dispute with your financial institution, you agree to first contact Itemstores support to attempt to resolve the issue directly. Many billing concerns can be resolved quickly without a formal Dispute.

14. Intellectual Property

14.1 Itemstores Property

All rights, title, and interest in the Services, including all software, design, text, graphics, logos, icons, branding, and the selection and arrangement thereof, remain the exclusive property of Itemstores or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services without prior written consent.

14.2 Business Content

Businesses retain ownership of their content (product images, descriptions, logos, and other materials). By uploading content to the platform, you grant Itemstores a worldwide, royalty-free license to host, display, reproduce, distribute, and process such content solely for the purpose of providing and promoting the Services.

Businesses are solely responsible for ensuring they have the rights necessary to use their content.

14.3 IP Infringement and DMCA

Businesses warrant that all products they sell and content they upload do not infringe upon any third party's intellectual property rights.

We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). If you believe your intellectual property has been infringed, please contact us at the address listed in Section 27.

We reserve the right to remove any content that we believe infringes upon the intellectual property rights of others and to terminate the accounts of repeat infringers.

15. User Content

Users are solely responsible for all content they post, upload, or transmit through the Services, including product listings, images, reviews, messages, and other materials ("User Content"). You represent and warrant that:

• You own or have the necessary rights to use and authorize the use of your User Content.
• Your User Content does not violate any law, regulation, or the rights of any third party.
• Your User Content is not false, misleading, defamatory, obscene, or otherwise objectionable.

Itemstores may, but is not obligated to, monitor, review, edit, or remove User Content at any time and for any reason at our sole discretion. We are not responsible or liable for any User Content posted by users of the Services.

16. Data Protection

Businesses are the data controllers of Customer personal data collected through their Stores.

Itemstores acts as a data processor and processes personal data in accordance with its Data Processing Addendum ("DPA"), which is incorporated into these Terms by reference.

Businesses agree to comply with applicable data protection and privacy laws.

Businesses that configure custom checkout questions or personalization fields are solely responsible for ensuring the legality of the data they collect through those fields, including obtaining any necessary consents and disclosing the collection in their own privacy policies.

17. Acceptable Use

You agree not to use the Services to:

• Sell counterfeit, stolen, illegal, or prohibited products
• Engage in fraud, misrepresentation, or deceptive practices
• Infringe upon the intellectual property rights of others
• Violate export control laws
• Harass, threaten, or intimidate other users
• Distribute malware, viruses, or other harmful software
• Send spam or violate anti-spam regulations
• Circumvent platform fees or attempt to process transactions outside of the platform
• Circumvent platform security
• Use automated tools, bots, or scraping mechanisms to access the Services without our prior written consent
• Interfere with or disrupt the integrity or performance of the Services
• Impersonate another person or entity or misrepresent your affiliation with a person or entity
• Collect or misuse personal data unlawfully
• Engage in money laundering, terrorist financing, or any other financial crime
• Violate any applicable local, state, national, or international law or regulation

Itemstores may remove content or suspend accounts that violate these Terms.

18. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ITEMSTORES DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, Itemstores does not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free.
• Any products sold through the platform will be of satisfactory quality, accurate, reliable, or safe.
• The results obtained from the use of the Services will be accurate or reliable.
• Any defects in the Services will be corrected.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ITEMSTORES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ITEMSTORES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, Itemstores shall not be liable for:

• The quality, safety, legality, or authenticity of any products sold by Businesses
• Any actions, omissions, or conduct of any Business, Customer, or third party
• Shipping delays, damage, loss, or theft caused by carriers or third parties
• Disputes between Businesses and Customers
• Errors in product listings, pricing, or descriptions created by Businesses
• The content, accuracy, or availability of third-party websites or services
• Technical outages, service interruptions, or data loss

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ITEMSTORES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL FEES PAID BY YOU TO ITEMSTORES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for personal injury or fraud. In such jurisdictions, the above limitations shall apply to the fullest extent permitted by law.

20. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Itemstores, Inc., its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Services
• Your breach of these Terms
• Your violation of any law or regulation
• Your violation of any rights of a third party
• Products listed, sold, or shipped by you (for Businesses)
• Customer disputes
• Chargebacks
• Your failure to collect or remit applicable taxes
• Any intellectual property infringement claims related to your content or products
• Any personal injury or property damage claims related to products you sell
• Privacy violations
• Any disputes with third-party payment processors arising from your use of the Services

21. Dispute Resolution

21.1 Informal Resolution

Before filing any formal legal proceeding, you agree to first attempt to resolve any dispute informally by contacting us at support@itemstores.com. We will attempt to resolve the dispute informally within thirty (30) days. If we cannot resolve the dispute informally, either party may proceed as outlined below.

21.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration may be conducted remotely or in the State of Delaware. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Each party shall bear its own costs unless the arbitrator determines otherwise.

21.3 Class Action Waiver

YOU AND ITEMSTORES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Itemstores agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims. Class actions and class arbitration are not permitted.

21.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or to protect confidential information. Either party may also bring claims in small claims court if the claim qualifies.

21.5 30-Day Arbitration Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to support@itemstores.com within thirty (30) days of first accepting these Terms. Your notice must include your name, account information, and a clear statement that you wish to opt out of arbitration. If you opt out, all other provisions of these Terms will continue to apply.

22. Suspension and Termination

Itemstores may suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Excessive chargebacks or payment disputes
• Extended account inactivity
• Legal compliance concerns
• Request by law enforcement or government agencies
• Discontinuation of the Services

Upon termination, your right to use the Services will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 14, 16, 18, 19, 20, 21, and 24.

You may terminate your account at any time by contacting us. Termination of your account does not relieve you of any obligations incurred prior to termination, including outstanding orders, fees, or pending disputes.

23. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the platform prior to the changes becoming effective. Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically. The "Effective Date" at the top of this page indicates when these Terms were last updated.

24. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in the State of Delaware, and you consent to the personal jurisdiction and venue of such courts.

25. Force Majeure

Itemstores shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of war or terrorism, pandemics, government actions, carrier failures, power outages, internet disruptions, or labor disputes.

26. General Provisions

26.1 Entire Agreement

These Terms, together with the Privacy Policy, Data Processing Addendum, and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Itemstores regarding the Services.

26.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

26.3 Waiver

The failure of Itemstores to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

26.4 Assignment

You may not assign or transfer these Terms or your rights or obligations hereunder without the prior written consent of Itemstores. Itemstores may assign its rights and obligations under these Terms without restriction.

26.5 Electronic Communications

By using the Services, you consent to receiving electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

27. Contact Information

If you have any questions about these Terms, please contact us: