Storefront Owner Terms of Service

Version 2026-09-22

These Terms of Service (the “Terms”) are an agreement between you, the owner of a storefront on FoodieEnthusiast.com (“you”), and The Foodie Enthusiast (“Foodie Enthusiast”, “we”, “us”). By checking the box and signing, you accept these Terms for your storefront and for everyone who helps you run it. One thing to know up front: if you and Foodie Enthusiast ever have a dispute, section 12 settles it by binding individual arbitration instead of a lawsuit, both of us give up jury trials and class actions, and any claim that does reach court is heard in Dallas County, Texas.

1. What Foodie Enthusiast is

Foodie Enthusiast provides an online platform where you set up a storefront, list what you make, take orders and payments, and manage pickup, delivery, and drop-site handoffs. We are a technology service only. We do not make, inspect, handle, store, prepare, package, deliver, or sell any food or other product offered on your storefront. Every sale on your storefront is a contract between you and your customer; Foodie Enthusiast is not a party to it. You are the seller and the merchant of record for every sale on your storefront: your name appears on your customer’s card statement and receipt, you set the price, you deliver the product, and you answer to the customer for it. Foodie Enthusiast never takes title to anything you sell and never receives or holds the proceeds of your sales, which Stripe pays to you directly.

2. Your business is yours

You are solely responsible for: (a) holding every license, permit, registration, and insurance your operation needs, and operating within your state’s cottage-food or food-establishment laws (appropriate cottage or other industry establishment laws for any of your products that are not food), including what you may sell, where, and to whom; (b) the safety, quality, preparation, handling, storage, labeling, allergen disclosure, and packaging of everything you sell; (c) the accuracy of your listings — prices, ingredients, weights, photos, availability, and fulfillment promises; (d) fulfilling the orders you accept and honoring cancellations and credits the way your Settings promise; (e) every tax that applies to your business and your sales, whether income, self-employment, franchise, sales, or any other, collecting, reporting, and remitting every sales or other tax that applies to your sales, except the sales tax that section 4 says Foodie Enthusiast collects and remits as a marketplace provider; and (f) the conduct of your staff and helpers on the platform. You are also responsible for (g) giving us, and keeping current, the information we need to charge the right sales tax on your items: your business address, each item’s description, and whether it is taxable where it is sold, including whether it is sold heated or with eating utensils. If tax is under-collected because information you gave was wrong, missing, or out of date, the shortfall and any penalties and interest on it are yours.

3. Reference information is not advice

State-law lookups, sales-tax rates, label wording, ingredient math, and similar information the platform shows are gathered from public sources for your convenience and may be incomplete, outdated, or wrong. You must verify them with the relevant authority. Nothing on the platform is legal, tax, health, or food-safety advice. Any adjustments that you feel need to be made to the system in order to help you operate within regulations and/or laws should be sent as a suggestion within the system.

4. Payments and fees

Card payments are processed by Stripe under Stripe’s own terms, which you also agree to. Payments are taken through your own Stripe account, which you open and own under Stripe’s Connected Account Agreement and Services Agreement. Stripe, not Foodie Enthusiast, verifies your identity, holds and pays out your funds, charges you its processing fees, and issues any tax form, such as Form 1099-K, that the law requires for your payment volume. Each customer payment is a payment to you. Stripe deducts Foodie Enthusiast’s service charge from it at the time of the sale and pays the rest to your Stripe balance; Foodie Enthusiast never holds your customers’ money. The service charge is a fee for the software and services the platform provides, is stated as a percentage of each order’s item subtotal on the Explanation of all charges page (foodieenthusiast.com/charges), and is waived for the months the going-live offer promises. Foodie Enthusiast may charge platform fees as published on the site or agreed with you, and may change them with notice. Refunds, credits, and chargebacks arising from your sales are your responsibility: refunds, when allowed, are issued from your Stripe account and Stripe’s dispute rules apply to you. Where a state’s marketplace law makes Foodie Enthusiast the marketplace provider for your sales, Foodie Enthusiast collects the sales tax due on taxable items at checkout and remits it to that state, based on the information you give under section 2(g), and you do not collect it again on those sales. Everywhere else, you collect and remit yourself. Beyond that collection, Foodie Enthusiast has no responsibility for any tax, filing, license, permit, or other obligation of your business.

5. Your content

You keep ownership of the names, photos, descriptions, and other content you upload. You grant Foodie Enthusiast a worldwide, royalty-free license to host, display, and distribute that content to run and promote the platform and your storefront. You confirm that you own, or hold a license for, everything you upload and everything you sell, and that none of it infringes or misappropriates anyone’s copyright, trademark, patent, trade secret, right of publicity, or other proprietary right — no photos, text, logos, recipes, or product designs taken from another maker, brand, or website without permission. If we receive a notice that something on your storefront infringes someone’s rights, we may remove or disable it without first checking with you, and we will let you know; you may respond to the notice, and we may restore the material if the claim is withdrawn or you show you hold the rights. Notices of claimed infringement should go to Foodie Enthusiast’s designated agent at copyright@foodieenthusiast.com.

6. Customers and their information

You may use customer information only to fulfill orders and to communicate about your storefront. You will keep it confidential and secure, and you will not sell it or use it to send unsolicited messages. The platform’s own collection and use of information — yours and your customers’ — is described in our Privacy Policy.

7. No warranty

The platform is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not promise that the platform will be uninterrupted, error-free, or secure, or that it will produce any particular volume of sales.

8. Limitation of liability

To the fullest extent the law allows, Foodie Enthusiast and its owners, employees, and contractors are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising from the platform or from anything sold or done through your storefront — including any illness, injury, allergic reaction, property damage, or regulatory penalty connected with your products or your operation. Our total liability to you for all claims combined will not exceed the greater of $100 or the platform fees you paid us for the offending incidents in the twelve months before the claim.

9. Indemnification

You will defend, indemnify, and hold harmless Foodie Enthusiast and its owners, employees, and contractors from all claims, losses, damages, fines, and expenses (including reasonable attorneys’ fees) arising from your products, your storefront, your violation of these Terms or of any law, any tax, license, permit, insurance, or other regulatory obligation of your business (including sales tax under-collected because of information you gave or failed to give), any refund, dispute, or chargeback on your sales, or your infringement or misappropriation of anyone’s rights — including any claim by a third party that content you uploaded or a product you sell infringes a copyright, trademark, patent, trade secret, right of publicity, or other proprietary right. We may take over the defense of any such claim with counsel of our choice, at your expense; you will cooperate as we reasonably ask; and you will not settle a claim that affects us without our written consent.

10. Suspension and termination

We may suspend or remove a storefront that violates these Terms or the law, that puts customers at risk, or that stays inactive, and we will close the storefront of anyone who repeatedly infringes others’ rights. You may close your storefront at any time from Settings. Orders already placed must still be fulfilled or credited. Sections 2, 3, 4, 5, 7, 8, 9, and 12 survive termination.

11. Changes to these Terms

We may update these Terms. When we do, we will ask you to accept the new version before your storefront continues taking orders. The version you signed is recorded with your signature.

12. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules. Before either of us brings a claim against the other, we will tell the other in writing what the dispute is and allow sixty (60) days to resolve it. Any dispute, claim, or controversy between you and Foodie Enthusiast arising out of or relating to these Terms, the platform, or your storefront — including whether a dispute can be arbitrated — will be resolved by binding individual arbitration before a single neutral arbitrator, and not in court, administered by the American Arbitration Association under its Commercial Arbitration Rules and governed by the Federal Arbitration Act. Hearings will be held in Dallas County, Texas, or by telephone or video where the arbitrator so orders. The arbitrator may award any relief a court could award to you individually, and judgment on the award may be entered in any court with jurisdiction. Each of us waives the right to a jury trial for any claim that is arbitrated. Whether a claim is arbitrated or heard in court, claims may be brought only on an individual basis: no class, collective, consolidated, or representative proceeding of any kind, and neither an arbitrator nor a court may consolidate the claims of different storefront owners or award relief to anyone other than the individual party. This class-action waiver stands on its own; if a court refuses to enforce it for a particular claim, that claim will proceed in court rather than in class arbitration, and the waiver still applies to every other claim. Either of us may bring an individual claim in small-claims court, and either may ask a court for an injunction or other equitable relief to stop misuse of the platform or infringement of intellectual property. Any claim that proceeds in court, other than in small-claims court, will be brought in the state or federal courts located in Dallas County, Texas, and you consent to their jurisdiction. If any part of these Terms is found unenforceable, the rest remains in effect.

13. Buying from other storefronts

When you buy from another storefront on the platform you are that storefront’s customer, and the Customer Terms of Service (foodieenthusiast.com/customer-terms), as in force at the time of the purchase, govern that purchase alongside these Terms. They are a separate agreement: signing these Terms does not accept them. Before your first purchase from another storefront you accept the Customer Terms yourself — under Settings › Terms of Service, or from that storefront’s cart — and again whenever they change.

Questions

Message Foodie Enthusiast from your storefront’s Inbox tab.

Storefront owners sign these terms under their storefront's Settings › Terms of Service tab, or on Fresh Start's terms screen.

How Foodie Enthusiast handles personal information — yours and your customers' — is described in the Privacy Policy.