Effective date: July 26, 2026
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION CLAUSE, A CLASS ACTION AND JURY TRIAL WAIVER, A LIMITATION OF LIABILITY, AND AN INDEMNIFICATION OBLIGATION THAT AFFECT YOUR LEGAL RIGHTS.
These Terms of Service ("Terms") form a legally binding agreement between you ("you" or "User") and ShopStacks Inc., a Delaware corporation and a wholly owned subsidiary of Turtles.com Inc. (collectively with its parents, subsidiaries, affiliates, successors, and assigns, "ShopStacks," "we," "us," or "our").
By accessing, browsing, registering for, or using any website, application, dashboard, API, content, feature, tool, or other service made available by ShopStacks, including shopstacks.com and every storefront-building, auction, and marketplace service we provide (collectively, the "Service"), you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms in full, you must not access or use the Service.
The Service is operated on infrastructure provided by Turtles.com Inc. ("Turtles"). Where your ShopStacks site connects to the Turtles marketplace network (for example, by carrying integrated network auctions, sourcing inventory from network sellers, or syndicating your listings to network shoppers), those network interactions are additionally governed by the applicable Turtles network terms referenced in your plan agreement.
The Service is for adults only. You may use the Service only if you are at least eighteen (18) years of age (or the age of majority in your jurisdiction, if older), can form a binding contract, and are not barred from using the Service under applicable law.
You agree to provide accurate, current, and complete registration information, keep it updated, and keep your credentials confidential. You are responsible for all activity under your Account. We may require identity verification, "know your customer" (KYC), or anti-money-laundering (AML) checks at any time, particularly for Builders receiving payouts, and may suspend or terminate Accounts that do not satisfy them. If you create an Account on behalf of an entity, you represent that you are authorized to bind that entity, and "you" includes that entity.
ShopStacks provides tools to create and operate Storefronts, including storefront design, catalog and inventory management, checkout and payments orchestration, AI-assisted listing creation, AI-assisted customer support, order management, analytics, and access to the Network.
Your Storefront is operated by you. You are the merchant of record for sales you make through your Storefront unless your plan agreement expressly states otherwise. You are responsible for your Storefront's own shopper-facing terms, prices, taxes, shipping, returns, and legal compliance, including compliance with the laws that govern the Selling Formats you enable in each jurisdiction you sell into.
We may add, change, suspend, or discontinue features of the Service at any time. Where a change materially reduces the core functionality of a paid plan, we will provide reasonable advance notice.
Selling Formats are tools; how you use them is your responsibility. Without limiting Section 8, when you enable auction-style formats you agree that you will not bid on your own listings, arrange for shill bidding, misrepresent reserve status, or manipulate bidding in any way; that you will honor winning bids and stated auction rules; and that you will only enable formats that are lawful for your goods in the jurisdictions you sell into. Network auctions carried on your Storefront remain subject to the originating seller's obligations and the applicable Network rules.
ShopStacks plans are custom-priced and agreed in an order form or plan agreement. Unless stated otherwise there: fees are quoted and payable in U.S. dollars; recurring fees are billed in advance and transaction-based fees in arrears; fees are exclusive of taxes, which you are responsible for (other than taxes on our income); and amounts due are non-refundable except as required by law or expressly agreed. We may suspend the Service for accounts with overdue amounts after reasonable notice. Payment processing is provided by third-party processors subject to their own terms.
Proceeds from your sales, minus applicable fees, chargebacks, refunds, and reserves, are paid out to the bank account on file on the schedule described in your plan agreement. We may withhold or delay payouts where required by law, to cover reasonably anticipated refunds, chargebacks, or disputes, or while completing verification checks.
You agree not to, and not to permit any Shopper or third party to: (a) violate any applicable law; (b) list, sell, or facilitate the sale of illegal, counterfeit, stolen, recalled, or dangerous goods, or goods you lack the right to sell; (c) infringe any intellectual-property, publicity, or privacy right; (d) engage in fraud, bid manipulation, price fixing, money laundering, or deceptive practices; (e) interfere with or disrupt the Service, probe or breach its security, or access it by automated means except through documented APIs; (f) reverse engineer or copy the Service except as permitted by law; (g) use the Service to build a competing service; or (h) transmit malware or unsolicited commercial communications.
We may remove Content, suspend listings or formats, or suspend or terminate Accounts that we reasonably believe violate this Section, without liability to you.
You retain ownership of your User Content. You grant ShopStacks a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for technical purposes such as formatting and AI-assisted enhancement), display, and distribute your User Content solely to operate, provide, secure, improve, and promote the Service, including distributing your listings across the Network where you enable syndication. You represent that you have all rights necessary to grant this license and that your User Content does not violate these Terms or applicable law.
The Service, including its software, design, and branding, is owned by ShopStacks and its licensors and is protected by intellectual-property laws. Except for the limited rights expressly granted, no rights are transferred to you. Feedback you provide may be used without restriction or obligation.
The Service includes AI-powered features, such as AI-generated listings and AI customer support. AI outputs are generated automatically and may contain errors. You are responsible for reviewing AI-generated listings, prices, and communications before relying on them, and for the accuracy of everything published on your Storefront. AI support conversations may be reviewed for quality and safety.
The Service interoperates with third-party services (for example payment processors, shipping carriers, and marketing tools). Your use of a third-party service is governed by that third party's terms, and we are not responsible for third-party services. Integrations may change or become unavailable.
Our collection and use of personal information is described in the Privacy Policy. As between you and ShopStacks, you are the controller of the personal information of your Shoppers that you collect through your Storefront, and you are responsible for your own privacy disclosures and compliance.
You may stop using the Service and close your Account at any time; fees already accrued remain payable. We may suspend or terminate your access immediately for material breach of these Terms, suspected fraud or unlawful activity, risk to the Service or the Network, or as required by law, and otherwise on the notice period stated in your plan agreement. Upon termination we will make commercially reasonable export tools available for your data for thirty (30) days, after which we may delete it, subject to legal retention obligations. Sections that by their nature should survive termination do survive.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOPSTACKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY STOREFRONT WILL ACHIEVE ANY LEVEL OF SALES, TRAFFIC, OR LIQUIDITY, INCLUDING FROM NETWORK AUCTIONS OR SYNDICATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOPSTACKS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. SHOPSTACKS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO SHOPSTACKS IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY AND (B) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You will defend, indemnify, and hold harmless ShopStacks and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your Storefront and the goods and services sold through it; your User Content; your use of the Service in violation of these Terms or applicable law; or your violation of any third-party right.
Before filing a claim, you agree to first contact us at legal@shopstacks.com and attempt to resolve the dispute informally for thirty (30) days. Except for small-claims matters and claims for injunctive relief relating to intellectual property, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer or Commercial Arbitration Rules, as applicable, in Wilmington, Delaware or remotely by videoconference. YOU AND SHOPSTACKS EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. You may opt out of this arbitration agreement by emailing legal@shopstacks.com within thirty (30) days of first accepting these Terms, stating your name, Account email, and intent to opt out.
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. If any provision is found unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. These Terms, together with your plan agreement and the policies referenced here, are the entire agreement between you and ShopStacks regarding the Service. We may update these Terms from time to time; material changes will be notified via the Service or email, and continued use after the effective date constitutes acceptance.
Questions about these Terms can be sent to legal@shopstacks.com, or by mail to ShopStacks Inc., c/o Turtles.com Inc., 251 Little Falls Drive, Wilmington, DE 19808, USA.