Terms of Service

1. ACCEPTANCE OF TERMS

By accessing, downloading, installing, or using the Intershop Go mobile application and related services (collectively, the "Service"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

Your continued use of the Service constitutes acceptance of these Terms as they may be modified from time to time.

PARENTAL CONSENT FOR MINORS: If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. Parents and guardians are responsible for the online conduct of minors under their supervision.

2. DEFINITIONS

• "Intershop Go," "we," "us," or "our" refers to INTERSHOP GO LLC, a limited liability company.
• "Service" means the Intershop Go mobile application, website, and all related services, features, content, and functionality.
• "User" or "Shopper" means any person who accesses or uses the Service to browse stores and place orders for pickup.
• "Store Owner" means a business or individual who has been granted access by Intershop Go to operate a store on the platform and has entered into a separate Store Owner Agreement with Intershop Go.
• "Content" means all text, images, data, information, and materials uploaded, posted, or transmitted through the Service.
• "Third-Party Services" means services provided by entities other than Intershop Go, including but not limited to Stripe, Supabase, and cloud storage providers.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Age Requirements

• Minimum Age for Account Creation: You must be at least 13 years of age to create an account and use basic features of the Service (such as browsing stores and viewing products).
• Age Restriction for Financial Transactions: To save a payment method, place an order that requires payment, incur any platform fees, or engage in any financial transaction on the Service, you must be at least 18 years of age (the age of majority in Louisiana) or have valid parental/guardian authorization and supervision as permitted by law. Users between 13 and 17 years of age may browse and interact with the Service but are prohibited from saving payment information or completing purchases.
• We may require age verification (such as date of birth during registration) and reserve the right to block financial features or request additional proof (e.g., parental consent) for users under 18. Providing false age information may result in immediate account termination.

Minors (Ages 13-17):

If you are under 18 years of age (or the age of majority in your jurisdiction), you represent that:

• Your parent or legal guardian has reviewed and consented to these Terms
• Your parent or legal guardian supervises your use of the Service
• You have permission to make purchases through the Service

Parental Responsibility:

Parents and legal guardians are responsible for:

• Monitoring their minor child's use of the Service
• Any purchases or transactions made by the minor
• Ensuring the minor complies with these Terms

WE RESERVE THE RIGHT TO REQUEST PROOF OF AGE AND PARENTAL CONSENT AT ANY TIME. FAILURE TO PROVIDE SUCH PROOF MAY RESULT IN ACCOUNT SUSPENSION OR TERMINATION.

3.2 Account Creation

To access the Service, you must create a Shopper account by providing accurate, current, and complete information, including:

• Valid email address
• First and last name
• Date of birth
• Secure password
• Username

Store Owner Accounts: Store Owner accounts are not available through public registration. Store Owner access is granted by invitation only, and Store Owners must enter into a separate Store Owner Agreement with Intershop Go. These Terms govern Shopper accounts only.

3.3 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach
• Ensuring that minors do not access your account without supervision

WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO PROTECT YOUR ACCOUNT INFORMATION.

3.4 Account Accuracy

You agree to provide truthful, accurate, and complete information and to update such information to maintain its accuracy. Providing false information, including false age information, may result in immediate account termination.

4. DESCRIPTION OF SERVICE

Intershop Go is a marketplace platform that connects Shoppers with local Store Owners for in-store pickup orders.

INTERSHOP GO IS NOT:

• A retailer or seller of goods
• A delivery service
• A food service establishment
• A party to transactions between Shoppers and Store Owners
• Responsible for the quality, safety, legality, or availability of products offered by Store Owners

INTERSHOP GO ACTS SOLELY AS AN INTERMEDIARY PLATFORM. All transactions are between Shoppers and Store Owners. We facilitate connections but do not control, guarantee, or assume responsibility for any aspect of User interactions or transactions.

STORE OWNER RELATIONSHIPS: Store Owners operate independently under separate agreements with Intershop Go. Store Owners are not employees or agents of Intershop Go and are solely responsible for their business operations, product quality, and compliance with applicable laws.

5. USER RESPONSIBILITIES

5.1 Shopper Responsibilities

As a Shopper, you agree to:

• Provide accurate order information
• Pick up orders within the designated time window
• Pay for orders through the platform
• Communicate respectfully with Store Owners
• Comply with store policies and pickup procedures
• Not abuse, harass, or defraud Store Owners
• Verify product quality, safety, and suitability at pickup
• If you are a minor, use the Service only with parental supervision and consent
• Only place and pay for orders if you are 18 years of age or older (or have appropriate parental authorization where legally permitted)

5.2 Store Owner Operations

Store Owners operate under separate agreements with Intershop Go. Store Owner responsibilities, obligations, and terms are governed by individual Store Owner Agreements, not these Terms of Service.

STORE OWNERS ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES OR AGENTS OF INTERSHOP GO.

Shoppers acknowledge that:

• Store Owners control their own inventory, pricing, and availability
• Store Owners are responsible for product quality, safety, and legality
• Store Owners set their own policies regarding refunds, exchanges, and customer service
• Intershop Go does not guarantee Store Owner performance or compliance with their obligations
• Disputes with Store Owners should be resolved directly with the Store Owner

WE ARE NOT RESPONSIBLE FOR STORE OWNER CONDUCT, PRODUCT QUALITY, OR FULFILLMENT OF ORDERS.

6. PARENTAL CONTROLS AND MINOR SAFETY

6.1 Parental Supervision

Parents and legal guardians of minors using the Service should:

• Review these Terms and our Privacy Policy
• Monitor their child's account activity and purchases
• Set appropriate spending limits through payment methods
• Educate their child about online safety and responsible use
• Contact us immediately if they become aware of inappropriate use

6.2 Minor Account Restrictions

Accounts held by users under 18 may be subject to additional restrictions, including:

• Purchase limits
• Restricted access to certain features
• Enhanced verification requirements
• Mandatory parental consent for certain actions

6.3 Reporting Concerns

If you become aware of a minor using the Service without proper parental consent or supervision, please contact us immediately at support@intershopgo.com.

7. PROHIBITED USES AND CONDUCT

You agree NOT to use the Service to:

7.1 Illegal Activities

• Violate any local, state, national, or international law or regulation
• Engage in any unlawful, fraudulent, or deceptive practices
• Sell, offer, or distribute illegal, stolen, or counterfeit goods
• Facilitate money laundering, terrorism financing, or other criminal activity

7.2 Harmful Conduct

• Harass, abuse, threaten, defame, or intimidate other Users
• Discriminate based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
• Post or transmit harmful, offensive, or inappropriate content
• Impersonate any person or entity

7.3 Platform Abuse

• Attempt to gain unauthorized access to the Service or other Users' accounts
• Interfere with or disrupt the Service's operation or servers
• Use automated systems (bots, scrapers) without authorization
• Reverse engineer, decompile, or attempt to extract source code
• Circumvent security measures or access restrictions
• Engage in SQL injection, XSS attacks, or other malicious activities

7.4 Intellectual Property Violations

• Infringe upon our intellectual property rights or those of others
• Upload content you do not have the right to use
• Remove or alter copyright notices, trademarks, or proprietary markings

7.5 Commercial Misuse

• Use the Service for unauthorized commercial purposes
• Resell or redistribute access to the Service
• Create competing services using our platform or data

VIOLATION OF THESE PROHIBITIONS MAY RESULT IN IMMEDIATE ACCOUNT TERMINATION, LEGAL ACTION, AND REPORTING TO LAW ENFORCEMENT.

8. PAYMENT PROCESSING AND FEES

8.1 Payment Processor

All payments are processed through Stripe, a third-party payment processor. By using the Service, you agree to Stripe's Terms of Service and Privacy Policy.

8.2 Payment Authorization

By placing an order, you authorize us to charge your selected payment method for:

• Order subtotal
• Applicable taxes
• Platform fees

8.3 Platform Fees

Intershop Go charges the following fees:

• Flat fee: $2.00 per transaction
• Percentage fee: 10% of the order subtotal

These fees are subject to change with notice.

8.4 Stripe Connect

Store Owners must maintain a valid Stripe Connect account. Payments are split as follows:

• Store Owner receives: Order subtotal + applicable taxes
• Intershop Go receives: Platform fees (flat + percentage)

8.5 Refunds and Disputes

• Refund policies are determined by individual Store Owners
• Intershop Go does not guarantee refunds
• Payment disputes are handled through Stripe's dispute resolution process. Shoppers may file disputes directly with Stripe (their payment processor), and Store Owners will be notified to provide evidence. Intershop facilitates communication but does not adjudicate disputes. Final decisions are made by Stripe and/or the cardholder's bank according to card network rules.
• Intershop Go may facilitate dispute resolution but is not obligated to do so
• Chargebacks may result in account suspension or termination

8.6 Age Restrictions on Payments

Payment methods and transactions are only available to users 18 years of age or older. Minors (under 18) may not save payment details or complete paid orders. Any attempt to circumvent this restriction violates these Terms and may result in account suspension.

INTERSHOP GO IS NOT RESPONSIBLE FOR PAYMENT PROCESSING ERRORS, FAILED TRANSACTIONS, OR REFUND DISPUTES.

9. CONTENT AND INTELLECTUAL PROPERTY

9.1 User-Generated Content

You retain ownership of content you upload but grant Intershop Go a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, display, and distribute your content for operating and promoting the Service.

9.2 Content Responsibility

You are solely responsible for:

• The accuracy, legality, and appropriateness of your content
• Ensuring you have rights to upload and share content
• Any consequences arising from your content

9.3 Content Removal

We reserve the right to remove any content that:

• Violates these Terms
• Infringes intellectual property rights
• Is illegal, harmful, or offensive
• We deem inappropriate in our sole discretion

9.4 Intershop Go Intellectual Property

All Service elements (design, code, logos, trademarks, features) are owned by Intershop Go or our licensors and protected by copyright, trademark, and other intellectual property laws.

YOU MAY NOT:

• Copy, modify, or create derivative works
• Use our trademarks without written permission
• Remove proprietary notices

10. THIRD-PARTY SERVICES AND LINKS

10.1 Third-Party Integration

The Service integrates with third-party services including:

• Stripe: Payment processing
• Supabase: Database and authentication
• Cloud storage providers: File hosting
• Analytics services: Performance monitoring

10.2 Third-Party Terms

Intershop integrates with third-party services that have their own terms and policies:

Important Disclaimers:

• You are NOT accepting third-party terms through Intershop's Terms of Service
• You must review and accept third-party terms directly when using their services
• Intershop does not control, endorse, or assume responsibility for third-party services
• Third-party availability, functionality, and policies may change without notice
• Any disputes with third-party services must be resolved directly with those providers

By using Intershop, you acknowledge that certain features require third-party services and that you are responsible for complying with their terms.

10.3 External Links

The Service may contain links to external websites. We do not endorse, control, or assume responsibility for third-party content or practices.

ACCESSING THIRD-PARTY SERVICES OR LINKS IS AT YOUR OWN RISK.

11. DISCLAIMERS AND LIMITATIONS OF LIABILITY

11.1 "AS IS" and "AS AVAILABLE" Basis

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness
• Uninterrupted or error-free operation
• Security or freedom from viruses

11.2 No Guarantee of Results

WE DO NOT GUARANTEE:

• Successful transactions between Users
• Product quality, safety, or legality
• Store Owner compliance with laws or regulations
• Availability of stores or products
• Accuracy of User-provided information

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INTERSHOP GO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• PERSONAL INJURY OR PROPERTY DAMAGE
• FOOD POISONING, ALLERGIC REACTIONS, OR HEALTH ISSUES
• PRODUCT DEFECTS, CONTAMINATION, OR SAFETY VIOLATIONS
• FRAUDULENT OR CRIMINAL CONDUCT BY USERS
• PAYMENT PROCESSING ERRORS OR FINANCIAL LOSSES
• DATA BREACHES OR UNAUTHORIZED ACCESS
• SERVICE INTERRUPTIONS OR TECHNICAL FAILURES

WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.4 Maximum Liability Cap

IN NO EVENT SHALL INTERSHOP GO'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF:

• $100 USD, OR
• THE AMOUNT YOU PAID TO INTERSHOP GO IN THE 12 MONTHS PRECEDING THE CLAIM

11.5 User Responsibility

YOU ACKNOWLEDGE AND AGREE THAT:

• You use the Service at your own risk
• You are responsible for verifying product quality, safety, and suitability
• You must comply with all applicable laws
• Transactions are between Users, not with Intershop Go
• Intershop Go is not liable for User conduct or content

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Intershop Go, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney's fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of third-party rights (intellectual property, privacy, etc.)
• Your content or conduct
• Transactions between you and other Users
• Product liability claims related to items sold through your store
• Health or safety issues arising from products you sell or purchase
• Any negligent or wrongful acts or omissions

THIS INDEMNIFICATION OBLIGATION SURVIVES TERMINATION OF THESE TERMS.

13. DISPUTE RESOLUTION AND ARBITRATION

13.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at support@intershopgo.com to attempt informal resolution.

13.2 Binding Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

ARBITRATION TERMS:

• One arbitrator selected per AAA rules
• Arbitration conducted in The Louisiana District
• Governed by the Federal Arbitration Act
• Each party bears its own costs and fees
• Arbitrator's decision is final and binding
• Judgment may be entered in any court of competent jurisdiction

13.3 Class Action Waiver

YOU AGREE TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

13.4 Exceptions

Either party may seek injunctive relief in court for:

• Intellectual property infringement
• Unauthorized access or data breaches
• Violations requiring immediate action

13.5 Opt-Out

You may opt out of arbitration by sending written notice to support@intershopgo.com within 30 days of first accepting these Terms.

14. GOVERNING LAW AND JURISDICTION

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

For disputes not subject to arbitration, you consent to the exclusive jurisdiction of courts located in Louisiana.

15. TERMINATION

15.1 Termination by You

You may terminate your account at any time by contacting support or using in-app account deletion features.

15.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice or liability, for any reason, including:

• Violation of these Terms
• Fraudulent or illegal activity
• Abuse of the platform or other Users
• Non-payment or chargebacks
• Inactivity
• At our sole discretion

15.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• We may delete your account and content
• Outstanding obligations (payments, indemnification) survive
• Sections related to liability, indemnification, and dispute resolution remain in effect

WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM ACCOUNT TERMINATION.

16. DATA PRIVACY AND SECURITY

16.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

16.2 Data Security

While we implement reasonable security measures, WE CANNOT GUARANTEE ABSOLUTE SECURITY. You acknowledge that:

• Internet transmission is never completely secure
• Unauthorized access or data breaches may occur
• You use the Service at your own risk

WE ARE NOT LIABLE FOR SECURITY BREACHES, DATA LOSS, OR UNAUTHORIZED ACCESS BEYOND OUR REASONABLE CONTROL.

16.3 Data Retention

We retain data as described in our Privacy Policy and as required by law. Upon account deletion, we may retain certain information for legal, regulatory, or operational purposes.

17. MODIFICATIONS TO TERMS

17.1 Right to Modify

We reserve the right to modify these Terms at any time, in our sole discretion. Changes may be made for legal, operational, or business reasons.

17.2 Notice of Changes

We will notify you of material changes by:

• Posting updated Terms in the app
• Sending email notification to your registered address
• Displaying in-app notifications
• Updating the "Last Updated" date

17.3 Acceptance of Changes

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree, you must stop using the Service and terminate your account.

18. FORCE MAJEURE

Intershop Go shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God (natural disasters, pandemics, epidemics)
• War, terrorism, civil unrest
• Government actions or regulations
• Internet or telecommunications failures
• Power outages or infrastructure failures
• Third-party service provider failures
• Cyberattacks or security incidents

19. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and Intershop Go regarding the Service and supersede all prior agreements, understandings, and communications.

21. NO WAIVER

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future.

22. ASSIGNMENT

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to any affiliate, successor, or acquirer without restriction.

23. SURVIVAL

Provisions that by their nature should survive termination shall survive, including but not limited to: disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and intellectual property rights.

24. ELECTRONIC COMMUNICATIONS

By using the Service, you consent to receive electronic communications from us, including emails, push notifications, and in-app messages. You agree that such communications satisfy any legal requirement for written notice.

25. EXPORT COMPLIANCE

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government prohibited or restricted party list.

26. ACCESSIBILITY

We strive to make the Service accessible to all users. If you encounter accessibility barriers, please contact us at support@intershopgo.com.

27. FEEDBACK AND SUGGESTIONS

Any feedback, suggestions, or ideas you provide regarding the Service become our property. We may use such feedback without obligation or compensation to you.

28. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms, contact us:

INTERSHOP GO LLC
Email: support@intershopgo.com

29. ACKNOWLEDGMENT

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

YOU FURTHER ACKNOWLEDGE THAT:

• Intershop Go is a platform, not a party to User transactions
• You use the Service at your own risk
• Intershop Go has limited liability as described herein
• Disputes are subject to binding arbitration
• You waive the right to participate in class actions