Terms of Service

1. Agreement to Terms

Neby is the public-facing brand of Neby, LLC ("Neby," "we," "us," or "our"), the legal entity that operates this website and marketplace (the "Platform"). By accessing and using the Platform, you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use the Platform. Neby reserves the right to modify these terms at any time. Your continued use of the Platform following the posting of revised terms means that you accept and agree to the changes.

2. Platform Overview

Neby is a local marketplace platform that connects independent makers, creators, and small businesses with customers in their communities. The Platform facilitates transactions between sellers ("Sellers") and buyers ("Buyers"). Neby operates the marketplace and processes payments through Stripe, but is not a party to transactions between Sellers and Buyers.

3. User Accounts & Registration

To use certain features of the Platform, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify Neby immediately of any unauthorized use of your account.

4. Seller Responsibilities

Sellers agree to:

• Provide accurate product descriptions and pricing
• Comply with all applicable laws, including food safety, tax, and licensing requirements
• Maintain appropriate business insurance and certifications
• Fulfill orders in a timely manner and communicate transparently with Buyers
• Respect intellectual property rights and not infringe on third-party rights
• Not engage in fraudulent, deceptive, or harmful practices
• Comply with health and safety regulations for their products
• Connect a valid Stripe account to receive payouts

5. Buyer Responsibilities

Buyers agree to:

• Provide accurate delivery and contact information
• Pay for purchases in full
• Review product descriptions and seller policies before purchasing
• Communicate respectfully with Sellers
• Report any issues or disputes promptly

6. Payment Processing & Fees

All card payments are processed through Stripe. By making a purchase, you authorize Stripe to charge the payment method you provide. Starter sellers pay a 4.5% Neby transaction fee; Pro and Business sellers pay 2.5%. Neby fees apply to eligible subtotals and exclude taxes, tips, and delivery charges. Stripe processing fees also apply. Neby is responsible for applicable marketplace sales-tax collection, reporting and remittance where marketplace-provider rules assign that responsibility to Neby. Sellers remain responsible for tax obligations outside that scope. For platform-routed transactions identified at checkout, Neby, LLC receives the customer payment, collects applicable marketplace tax and arranges seller settlement; the listed seller fulfills the offering.

Pro is $9.99/month and Business is $19.99/month. The first 100 unique sellers successfully activating a paid subscription qualify for founding membership. Existing paid agreements remain unchanged. Paid plan switches preserve membership; cancellation or moving to Starter ends it at paid expiry, after Stripe's applicable payment retry process.

7. Refunds & Cancellations

Refund policies are determined by individual Sellers and displayed on their storefronts. Buyers should review each Seller's cancellation policy before purchasing. Disputes should be reported to Neby within 30 days of purchase. Neby will mediate disputes between Buyers and Sellers in good faith.

8. Payouts

Sellers receive payouts to their connected Stripe account after fees are deducted. Payout timing depends on Stripe's standard processing, typically 2-5 business days. Neby is not responsible for delays or issues with Stripe payouts. Sellers acknowledge that Neby is not liable for chargebacks, disputes, or other payment issues initiated by Buyers or Stripe.

9. Prohibited Content & Conduct

Users agree not to:

• Post offensive, harassing, defamatory, or illegal content
• Impersonate others or misrepresent their identity
• Engage in fraudulent or deceptive practices
• Violate intellectual property rights
• Spam or attempt to manipulate the Platform
• Disclose other users' private information
• Attempt unauthorized access to the Platform or its systems

10. Intellectual Property

All content on the Platform, including logos, designs, and text, is the property of Neby or its licensors. Users retain ownership of content they post but grant Neby a license to display and promote it. Sellers are responsible for ensuring their product content does not infringe third-party intellectual property rights.

11. Limitation of Liability

To the fullest extent permitted by law, Neby is not liable for indirect, incidental, special, or consequential damages arising from your use of the Platform, including lost profits or data loss. Neby's total liability is limited to the amount you paid to use the Platform in the past 12 months.

12. Indemnification

You agree to indemnify and hold harmless Neby, its officers, employees, and agents from any claims, damages, or losses arising from your use of the Platform, your violation of these terms, or your infringement of third-party rights.

13. Dispute Resolution

Disputes between Buyers and Sellers should first be resolved directly between the parties. If a resolution cannot be reached, users may contact Neby support at support@neby.shop. Neby will attempt to mediate in good faith. Any legal disputes shall be governed by the laws of Texas and resolved in the appropriate courts of Dallas County, Texas.

14. Termination

Neby reserves the right to suspend or terminate user accounts that violate these terms or engage in prohibited conduct. Terminated users may appeal suspension decisions by contacting support.

15. Third-Party Services

The Platform uses third-party services including Stripe for payment processing and Gmail for communications. These third parties have their own terms of service and privacy policies. Neby is not responsible for third-party content or services.

16. Disclaimer of Warranties

The Platform is provided "as-is" without warranties of any kind. Neby disclaims all express and implied warranties, including fitness for a particular purpose. Neby does not guarantee that the Platform will be error-free or uninterrupted.

17. Contact & Support

For questions about these Terms of Service, please contact Neby, LLC at hello@neby.shop or use the Platform's support feature.