Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the Breeze Market platform, websites, mobile experiences, smart fridges, signage, and related services (collectively, the “Service”). The Service is operated by Monkeytail Studios, LLC (“Breeze Market,” “we,” “us,” or “our”).

The Service is a marketplace technology platform. It lets independent sellers (“Vendors”) list and sell food and other goods through trust-based channels — such as QR honor shelves and pay-to-unlock refrigerated pickup fridges — and lets buyers (“Customers”) discover, order, pay for, and pick up those goods. “You” refers to whoever is using the Service, whether as a Vendor, a Customer, or a visitor.

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you are using the Service on behalf of a business or other organization, you represent that you have authority to bind that organization to these Terms.

1. Who we are and what we do

Breeze Market provides the software, payment connections, and tools that allow Vendors to run self-service markets. We are not the seller of any goods listed on the Service. Vendors are solely responsible for the goods they offer, including their preparation, labeling, storage, safety, quality, pricing, availability, and fulfillment. Breeze Market does not take title to, inspect, or guarantee any goods sold through the Service.

2. Eligibility and accounts

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or sell on the Service. Customers may browse and purchase without an account where the Service allows, but certain features require registration.

Accounts are verified using your mobile phone number through one-time passcodes (OTP) delivered by SMS. You are responsible for keeping your phone number and account credentials secure and for all activity that occurs under your account. Notify us promptly at support@breezemarket.app if you suspect unauthorized use.

3. Customer terms

This Section 3 applies to you when you buy through the Service.

3.1 Orders and payment

When you place an order, you agree to pay the listed price plus any applicable taxes and fees shown at checkout. Payments are processed by our third-party payment processor (Stripe). Breeze Market does not store full payment card numbers. Your purchase contract for the goods is with the Vendor, not with Breeze Market.

3.2 Honor shelves and self-service pickup

Many Vendors sell through QR honor shelves or unattended refrigerated fridges. When you use these, you agree to pay for everything you take, to take only what you have paid for, and to treat the Vendor’s equipment and space with care. You are responsible for inspecting an item before consuming it and for confirming that it is appropriate for you (for example, given allergies or dietary needs).

3.3 Food safety, allergens, and assumption of risk

Food sold on the Service is often made in small batches by independent Vendors and may be prepared in facilities that also handle common allergens. Breeze Market does not prepare, handle, or inspect any food. Read Vendor descriptions and labels carefully. If you have a food allergy, sensitivity, or medical condition, do not rely on the Service for assurance — contact the Vendor or avoid the item. You buy and consume food obtained through the Service at your own risk.

3.4 Refunds and issues

Refund, cancellation, and quality policies are set by each Vendor. Direct order problems to the Vendor first. We may, at our discretion, help mediate disputes or process refunds through the payment processor, but we are not obligated to do so and are not the merchant of record.

4. Vendor terms

This Section 4 applies to you when you sell through the Service.

4.1 Your responsibilities

You are solely responsible for:

• Complying with all laws and regulations applicable to your business, including food-safety, cottage-food, licensing, labeling, weights and measures, sales-tax, and consumer-protection rules in every location where you operate;
• The accuracy of your listings, prices, inventory, allergen and ingredient information, and pickup details;
• The safe preparation, storage, handling, and temperature control of your goods, including any refrigeration; and
• Fulfilling orders and honoring the policies you publish to Customers.

4.2 Payments, payouts, and platform fees

Vendor payments are processed and paid out through Stripe Connect. To receive funds, you must create and maintain a connected Stripe account and agree to the Stripe Connected Account Agreement. You authorize Breeze Market to instruct Stripe regarding charges, refunds, payouts, and fee deductions on transactions you process through the Service.

It is free to set up a market. When you make a sale, Breeze Market charges a platform fee of $0.75 plus 4% of the transaction amount, in addition to any payment-processing fees charged by Stripe. We may change our fees on reasonable advance notice; continued use of the Service after a fee change takes effect constitutes acceptance of the new fees. Taxes are your responsibility, and you are responsible for collecting and remitting any sales or other taxes due on your sales.

4.3 Equipment and locations

You are responsible for the shelves, stands, fridges, signage, and locations you use, including the right to operate at a location, the condition and safety of any equipment, and compliance with the rules of any host site. Smart fridges and related hardware are provided “as is” to the extent supplied through the Service.

4.4 Prohibited goods

You may not list or sell anything you are not legally permitted to sell, including alcohol, tobacco, cannabis or controlled substances, weapons, recalled or unsafe products, or any item prohibited by Stripe’s restricted-businesses policy, except where you hold all required licenses and we have expressly enabled it.

5. SMS and electronic communications

The Service uses SMS, delivered through our messaging provider (Twilio), on two separate numbers. A transactional number sends account verification (login) codes, order receipts, and pickup updates; by providing your phone number you consent to receive these messages, which are required to use the Service. A separate marketing number sends Vendor broadcasts and drop alerts, which require your express opt-in (such as following a seller or enabling marketing texts in your account).

Message frequency varies and message and data rates may apply. Reply STOP to the marketing number to opt out of promotional messages, or HELP for help. Opting out of marketing does not stop transactional messages. Because login codes are delivered by SMS, opting out of transactional messages may prevent you from signing in or completing an order.

6. Acceptable use

You agree not to:

• Use the Service for any unlawful, fraudulent, or harmful purpose;
• Take goods without paying, tamper with equipment, or interfere with other users’ access to honor shelves or fridges;
• Reverse engineer, scrape, overload, or attempt to gain unauthorized access to the Service or its systems; or
• Misrepresent your identity, infringe others’ rights, or post false, misleading, or harmful content.

7. Intellectual property

The Service, including its software, design, and the Breeze Market name and logos, is owned by Monkeytail Studios, LLC and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service as permitted by these Terms. Vendors retain ownership of the content they submit (such as listings, descriptions, and images) and grant us a worldwide, royalty-free license to host, display, and use that content to operate and promote the Service.

8. Disclaimers

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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY GOODS SOLD THROUGH THE SERVICE ARE SAFE, LAWFUL, OR FIT FOR ANY PURPOSE. BREEZE MARKET IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF VENDORS OR CUSTOMERS.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MONKEYTAIL STUDIOS, LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

10. Indemnification

You agree to indemnify and hold harmless Monkeytail Studios, LLC from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your goods, your content, or your violation of these Terms or any law or third-party right. This obligation is especially important for Vendors with respect to the goods they sell.

11. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms, create risk or legal exposure, or for any other reason on reasonable notice. Sections that by their nature should survive termination (including payment obligations, disclaimers, limitations of liability, and indemnification) will survive.

12. Governing law and disputes

These Terms are governed by the laws of the State of Minnesota, USA, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Minnesota will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction in those courts.

13. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect means you accept the updated Terms.

14. Contact us

Questions about these Terms? Contact us at support@breezemarket.app.