Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and GoodStand ("GoodStand," "we," "us," or "our"). GoodStand is a service operated by an individual sole proprietor in the State of Washington. You can reach us at hello@goodstand.us.

These Terms apply when you create a stand, sign in to an account, use a GoodStand website or storefront, or otherwise use any GoodStand service (together, the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree to these Terms, do not create an account and do not use the Service.

Our Privacy Policy explains how we collect, use, and handle personal information. It is a separate document and also applies to your use of the Service.

You must be at least 18 years old to create or run a stand. If you buy from a stand, you must be old enough to enter into a contract where you live, or have the permission of a parent or guardian.

1. What GoodStand does

GoodStand provides tools for people who run roadside, porch, farm, and other small "honesty stands." With the Service you get your own ordering website, a QR code that opens it, menu and listing management, and plain numbers about your sales.

GoodStand hosts the website and the tools. The Service is not a marketplace. Any contract of sale made through the Service is between you and the buyer directly, and GoodStand is not a party to it. GoodStand is not a seller, not a payment processor, and not an agent of either party. The goods you list are your goods, the buyers are your buyers, and the sales are your sales.

2. Your account

You agree to:

• Provide true, accurate, and complete information when you create an account and when you update it.
• Keep your password, sign-in codes, and other credentials confidential.
• Be responsible for everything that happens under your account.
• Tell us right away if you believe your account has been accessed without your permission.

You may not create an account for someone else without their permission, and you may not transfer or sell your account.

3. The Service and availability

We may change, add, or remove features of the Service at any time. We may also suspend or stop the Service, or any part of it, at any time.

The Service is provided on an "as is" and "as available" basis. We do not promise that the Service will always be available, uninterrupted, or error free. The Service could go down, and it could be discontinued, and we are not liable for that (see Sections 10 and 11).

The Service is operated from the United States and is intended for use there. We do not restrict where it is used. If you use it from somewhere else, you do so on your own initiative, you are responsible for complying with the law where you are, and your information will be transferred to and processed in the United States as described in the Privacy Policy.

4. Your stand and your content

You keep ownership of the text, photos, names, and other content you provide ("Your Content"). You give GoodStand a license to store, host, display, and reproduce Your Content for the purpose of providing the Service. This license lasts as long as your content is on the Service.

You are responsible for Your Content. You confirm that:

• Your Content is accurate and not misleading.
• You own Your Content or have the right to use it, including any photos you upload.
• Your Content does not break the law or anyone else's rights.

We may remove content that we believe violates these Terms or the law, but we have no obligation to review content before it is published.

GoodStand is a neutral provider of hosting and publishing tools. We do not review, screen, verify, endorse, approve, or assume responsibility for any listing, item, seller, storefront, or other content on the Service. The presence of a listing or storefront does not mean GoodStand endorses it or vouches for its accuracy, safety, quality, or legality. Each listing and storefront is the sole responsibility of the seller who created it. To the maximum extent permitted by law, GoodStand disclaims all liability for any content posted by sellers and for any goods listed or sold through the Service.

GoodStand has no obligation to monitor the Service for unlawful or objectionable content. If we become aware of content that may violate these Terms or the law, we may remove it in our discretion, but removing some content does not make us responsible for content we did not remove or did not remove in time.

GoodStand provides an "interactive computer service" within the meaning of 47 U.S.C. § 230. GoodStand is not the publisher or speaker of content provided by sellers, and nothing in these Terms waives any protection available under that statute.

5. Your legal responsibilities

You are solely responsible for your stand and everything you sell. This includes:

• Complying with all laws and rules that apply to you, including food safety, labeling, and allergen disclosure rules; cottage food and home food laws; and business licensing and permit requirements.
• Telling your buyers what is in what you sell. The Service offers an optional field for listing allergens. It is a convenience for your customers, it is not a compliance tool, and filling it in does not satisfy any labeling or disclosure obligation you have. Leaving it empty does not create one either: whether and how you must disclose allergens is set by the law that applies to you, not by this Service. What you write there is your statement, not ours.
• Collecting and paying any sales tax or other taxes you owe.
• Making sure you are legally allowed to sell what you sell and to accept payment for it.
• The safety, quality, and legality of your goods.
• Honoring your buyers' orders and handling returns, refunds, and chargebacks with your buyers.

GoodStand does not review, approve, or take responsibility for what you sell. If you are not sure whether you may sell something, or how the law applies to you, it is your job to find out.

6. A note for buyers

If you buy from a stand through the Service, you are buying directly from the stand owner, not from GoodStand. GoodStand only hosts the page that shows the stand's items and the total. Your purchase, the goods, payment, and any refunds are matters between you and the stand owner (and the payment provider). GoodStand is not a party to your purchase and is not responsible for it.

You acknowledge that GoodStand does not verify sellers or the goods they offer, and that any purchase you make is at your own risk and solely between you and the seller.

Allergens and ingredients. Some stands list allergen information on their items. That information is written by the stand owner. GoodStand does not check it, cannot check it, and does not guarantee that it is accurate or complete. An item with no allergen information is not an item free of allergens — it is an item where nothing was written down. If you have a food allergy, ask the stand owner directly before you buy. GoodStand is not liable for allergen information that is wrong, incomplete, or missing.

7. Payments

To take payments, you connect your own account with a payment provider such as Square, Stripe, PayPal, or Venmo.

• Money from your sales goes from your buyer to your payment account. GoodStand is not in the flow of funds and does not touch the money from your sales.
• Payment processing, processing fees, refunds, chargebacks, and disputes are matters between you, your buyer, and your payment provider.
• GoodStand does not take a cut of payment processing.
• GoodStand is not responsible for the actions, errors, or terms of any payment provider or any other third party you connect to the Service.

8. Fees for the Service

A free tier covers basic features, including listing items, creating a basic QR code, connecting payment providers, and viewing basic transaction history. Certain features require, or will require, a paid subscription.

We are not charging for the Service as of the effective date above. When we do offer a paid subscription, the terms in this section apply to it, and no charge is ever made unless you choose a paid plan first.

• We may offer monthly and annual billing. Annual billing may be charged at a lower rate per month than monthly billing.
• Fees are charged in advance of the period they cover.
• If you choose a subscription, you authorize us to charge the recurring fee to your payment method until you cancel.
• We may change our fees. We will give you reasonable notice before a fee change applies to you.

Automatic renewal. A paid subscription renews automatically until you cancel it. Before you are charged for the first time, we will show you the price, the billing interval, and the fact that it renews automatically, and we will ask you to agree to those terms specifically. After you subscribe, we will send you an acknowledgement that repeats those terms and tells you how to cancel. For an annual subscription, we will email you a reminder before each renewal.

Cancelling. You may cancel a subscription at any time from your admin settings, without calling or emailing anyone. Cancelling stops the next renewal. It does not refund the period you have already paid for (see Section 9), and you keep the paid features until that period ends.

9. Refunds for the Service

All fees paid to GoodStand are non-refundable and non-creditable, except as we decide in our sole discretion.

If the Service is unavailable, discontinued, or taken down, you are not entitled to a refund of any fees you have already paid.

This section is about fees you pay to GoodStand. It does not apply to refunds for goods sold to buyers, which are handled between you and your buyers as described in Section 5.

10. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Service will be uninterrupted, secure, or error free, that any defects will be corrected, or that any numbers, analytics, or other output of the Service will be accurate or complete.

11. Limitation of liability

To the maximum extent permitted by law, GoodStand, and its owner, will not be liable to you for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, lost revenue, lost sales, lost data, or business interruption, however caused and under any theory of liability.

If the Service is taken down, discontinued, or otherwise can no longer run, GoodStand is not liable for any amounts you have already paid or for any costs or losses you incur.

To the maximum extent permitted by law, GoodStand's total liability to you for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid to GoodStand in the twelve (12) months before the event giving rise to the claim, or (b) one hundred dollars ($100.00).

Some jurisdictions do not allow some of these limitations, so some of the limitations above may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless GoodStand and its owner from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your goods and anything you sell.
• Your Content.
• Your breach of these Terms.
• Your violation of any law or regulation.
• Your taxes.
• Any dispute between you and a buyer or a payment provider.

13. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose.
• Sell goods that are illegal, or goods you do not have the right to sell.
• Infringe the intellectual property or other rights of anyone else.
• Misuse, overload, disrupt, or attempt to gain unauthorized access to the Service.
• Scrape, copy, or resell the Service or any part of it.
• Misrepresent your stand, your goods, or your relationship to GoodStand.

14. Third-party services

The Service may connect to or rely on third-party services, including payment providers and hosting providers. Those services are provided by their owners and are subject to their own terms. GoodStand is not responsible for any third-party service.

15. Termination

You may stop using the Service and cancel your account at any time.

We may suspend or terminate your account or your access to the Service at any time, with or without notice, for any reason, including if we believe you have violated these Terms.

When your account ends, your right to use the Service ends. Any fees you have already paid are non-refundable, as described in Section 9. The parts of these Terms that by their nature should survive termination will survive, including Sections 4, 5, 10, 11, 12, 17, and 18.

16. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will let you know by posting the updated Terms on the Service and, where reasonably possible, by other reasonable means. Your continued use of the Service after the updated Terms take effect means you accept them.

17. Intellectual property

The Service, including its software, design, text, and branding, is owned by GoodStand or its licensors and is protected by law. You may not copy, modify, resell, or reverse engineer the Service or any part of it, except as these Terms expressly allow. GoodStand's name and logo may not be used without our prior written permission.

18. Dispute resolution and governing law

These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules.

You and GoodStand agree that any dispute arising out of or relating to these Terms or the Service will be brought in the state or federal courts located in the State of Washington, and you consent to the personal jurisdiction and venue of those courts.

19. General

These Terms are the entire agreement between you and GoodStand about the Service, and they replace any earlier agreements about the Service.

If any part of these Terms is found to be unenforceable, the rest will remain in full force and effect.

If we do not enforce any part of these Terms, that is not a waiver of our right to enforce it later.

You may not assign these Terms without our prior written consent. We may assign these Terms without your consent.

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and GoodStand.

20. Copyright complaints

GoodStand hosts photos and text that sellers upload. We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act.

If you believe something on the Service infringes your copyright, send a notice to our designated agent at dmca@goodstand.us including:

• Your physical or electronic signature.
• Identification of the copyrighted work you say has been infringed.
• Identification of the material you say is infringing, and enough detail for us to find it — a link is best.
• Your address, telephone number, and email address.
• A statement that you believe in good faith that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for them.

If we remove your material in response to a notice, we will make a reasonable effort to tell you, and you may send a counter-notice as provided by the DMCA.

Repeat infringers. We will terminate, in appropriate circumstances, the accounts of sellers who repeatedly infringe copyright.

21. Contact

Questions about these Terms can be sent to: hello@goodstand.us