Terms of Service

1. Acceptance of Terms

By accessing or using SellFood.com ("the Platform"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Platform. These terms apply to all visitors, buyers, sellers, and other users of the Platform.

We may update these Terms from time to time. Continued use of the Platform after changes are posted constitutes acceptance of the updated Terms.

2. Description of Service

SellFood.com is an online marketplace connecting cottage food sellers with buyers. We also provide a Label Creator tool to help sellers create state-compliant food labels. SellFood.com is operated from Charlottesville, Virginia, United States.

We are a platform, not a food producer. We do not inspect, certify, or guarantee the quality, safety, or legality of any products sold through the Platform.

3. Accounts & Registration

To sell on SellFood.com you must create an account. You agree to:

• Provide accurate and complete information when registering
• Keep your account credentials secure and not share them with others
• Notify us immediately of any unauthorized use of your account
• Be at least 18 years of age
• Be legally authorized to sell food products in your state

You are responsible for all activity that occurs under your account.

4. Seller Terms

Legal compliance

Sellers are solely responsible for complying with all applicable federal, state, and local laws governing the production, labeling, and sale of cottage food products. This includes but is not limited to:

• Your state's cottage food law and any required permits or licenses
• FDA food labeling regulations
• Allergen disclosure requirements
• Revenue caps and sales channel restrictions in your state

Product listings

Sellers agree to:

• Only list products that are legal to sell under their state's cottage food law
• Provide accurate product descriptions, ingredients, and allergen information
• Use accurate, current photos of their actual products
• Maintain accurate inventory counts
• Ship orders promptly and as described
• Not list fresh, refrigerated, or otherwise prohibited products

Prohibited products

The following are prohibited on SellFood.com regardless of state law:

• Meat, poultry, or seafood products
• Products requiring refrigeration for safety
• Alcohol or products containing alcohol
• Products making unauthorized health or medical claims
• Any product that is illegal to sell under applicable law

Seller representations

By listing on SellFood.com, sellers represent and warrant that their products are produced in compliance with applicable cottage food laws, are safe for consumption, and are accurately described.

5. Buyer Terms

Buyers acknowledge that products sold on SellFood.com are made in home kitchens that may not be inspected by state or local health departments. By purchasing, buyers accept this and agree to:

• Review product descriptions and ingredients carefully before purchasing
• Contact sellers directly with questions before ordering
• Report any food safety concerns to us at [email protected]

Buyers with food allergies or dietary restrictions are responsible for reviewing ingredient lists and contacting sellers with questions. SellFood.com is not liable for allergic reactions or adverse effects from products purchased on the Platform.

6. Label Creator

The SellFood.com Label Creator is provided as a convenience tool to help sellers create food labels. Use of the Label Creator does not guarantee that your labels are legally compliant.

• State disclaimer language is based on our research as of the date noted and may not reflect recent legal changes
• Sellers are responsible for verifying that their labels meet all applicable requirements
• SellFood.com is not liable for fines, penalties, or other consequences arising from non-compliant labels
• The Label Creator is provided "as is" without warranty of fitness for a particular purpose

7. Fees & Payments

Commission

SellFood.com charges a 10% commission on each completed sale. This fee is deducted from the seller's payout automatically.

Payment processing

Payments are processed by Stripe. Standard Stripe processing fees (2.9% + $0.30 per transaction) apply and are separate from SellFood.com's commission.

Payouts

Seller funds are held for 7 days after delivery confirmation, then released to available balance. Automatic payouts are processed monthly. Manual payouts may be requested at any time.

Subscription plans

Label Creator subscription plans are billed monthly or annually as selected. Plans renew automatically. You may cancel at any time. Refunds are provided within 30 days of purchase if you are not satisfied.

8. Prohibited Conduct

Users of SellFood.com agree not to:

• Provide false, misleading, or inaccurate information
• Violate any applicable law or regulation
• Infringe the intellectual property rights of others
• Harass, abuse, or harm other users
• Attempt to circumvent our fee structure through off-platform transactions
• Use automated tools to scrape or harvest data from the Platform
• Attempt to gain unauthorized access to the Platform or other users' accounts
• Post spam, fake reviews, or misleading content

Violation of these terms may result in immediate account suspension or termination.

9. Intellectual Property

The SellFood.com name, logo, website design, and original content are owned by SellFood.com and protected by applicable intellectual property laws.

Sellers retain ownership of their product photos and descriptions but grant SellFood.com a non-exclusive license to display this content on the Platform for the purpose of facilitating sales.

Labels created with the Label Creator are owned by the seller who created them.

10. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SELLFOOD.COM DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES.

SELLFOOD.COM DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS LISTED OR SOLD ON THE PLATFORM. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR OMISSIONS OF SELLERS OR BUYERS.

INFORMATION PROVIDED ON SELLFOOD.COM INCLUDING THE COTTAGE FOOD GUIDE AND LABEL CREATOR IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLFOOD.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SELLFOOD.COM IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.

12. Termination

You may close your account at any time by contacting us at [email protected]. We may suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our sole discretion.

Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination (including disclaimers, limitation of liability, and governing law) will survive.

13. Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of SellFood.com shall be resolved in the courts of Charlottesville, Virginia.

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

14. Contact

Questions about these Terms of Service? Contact us:

• Email: [email protected]
• Website: sellfood.com<