Vintake Terms of Service | BUILTBYFOUNDRY

1. Agreement to Terms

These Terms of Service govern your use of the Vintake web application and related websites (the "Service") operated by Built by Foundry, Inc. ("BBF"). By accessing or using the Service, including joining a waitlist or signing in to a workspace, you agree to these Terms generally and acknowledge our Privacy Policy. If you don't agree, do not use the Service.However, the Arbitration Agreement, class-action waiver, and jury-trial waiver apply only if you affirmatively accept them through an unchecked checkbox and acceptance control presented with links to these Terms and the Privacy Policy. Merely downloading, installing, accessing, or continuing to use the Service does not constitute acceptance of the Arbitration Agreement.Age Requirement: Vintake is a business tool. You must be at least 18, or the age of majority where you live, whichever is older, to join the waitlist or open a workspace. You represent that you are using the Service for a business, including a sole proprietorship.

2. About Vintake

Vintake is a web application that helps secondhand sellers turn item photos and supplier invoices into listing drafts. A public waitlist collects interest before a workspace is opened. Invited sellers work inside a private organization, review generated copy, and prepare listings for channels such as Shopify, eBay, Depop, and Poshmark. These Terms apply to the waitlist, the website at builtbyfoundry.io/vintake, and the signed-in Service.

Generated Copy Is a Draft: Titles, descriptions, measurements, condition language, suggested prices, and enhanced photos are drafts for you to review. Vintake does not guarantee they are complete, accurate, authentic, or compliant with a marketplace's rules, consumer-protection law, or advertising standards. You are responsible for what you publish.

Marketplace Publishing: Preparing a listing is not the same as publishing it. A named workspace administrator may ask Vintake to create an unpublished Shopify product draft after reviewing the item. Vintake does not publish the draft or add it to a sales channel automatically. File exports for other channels are yours to upload. Marketplace accounts, fees, authenticity programs, and policies belong to those services, not to us. Nothing in Vintake publishes automatically to Seven Moods review; a seller must submit a specific item.

No Professional Advice: Vintake does not provide legal, tax, accounting, customs, or marketplace-compliance advice. Cost, pricing, and condition fields are tools for your own records. You remain responsible for invoices you upload, for personal information those invoices contain, and for the accuracy of listings you post.

3. Accounts

The Service may collect waitlist interest without an account. Invited sellers sign in with an email link or another method we provide and work inside a private organization. You must provide accurate information, keep credentials secure, and promptly report unauthorized access. You are responsible for activity in workspaces you administer and under accounts you control, unless applicable law says otherwise.

4. Third-Party Services

Third-party services you connect or that we use to operate the Service, including marketplaces, email, hosting, analytics, and model providers, have their own terms and privacy practices. We are not responsible for services we do not control.

5. User Content

You own the photos, invoices, item records, listing copy, and other content you add to a workspace ("Seller Content"). You grant BBF a limited, worldwide, non-exclusive, royalty-free license to host, store, transmit, process, extract from, enhance, display, and return Seller Content solely as needed to operate, secure, and support the Service for your organization, including transmission to the model and image providers described in the Privacy Policy. That license ends when the content is deleted from active systems, except for de-identified information, backups, and copies retained as law permits.Machine-generated drafts are produced for your use. BBF does not claim ownership of an individual title or description generated for your item. BBF owns the Service, prompts, software, and aggregated or de-identified data used to operate and improve it.Do not upload content you lack the right to use, including photos or invoices that belong to someone else, or documents that contain another person's personal information without a lawful basis. You are responsible for obtaining any consents your suppliers, consignors, or employees require.If you share an item with Seven Moods for review, or invite a consignor, you instruct us to disclose that item or the agreed workspace slice to that party for that purpose only.

6. Waitlist and Early Access

Joining the waitlist does not create a workspace, does not charge you, and does not promise an invitation. We may accept, delay, or decline a waitlist signup at our discretion. Confirmation email, when configured, is transactional notice that we received the signup. The same email in the same waitlist organization is one record; submitting again updates it.

7. Acceptable Use

You will use the Service only for lawful selling and inventory work. You will not (a) reverse engineer the Service except where that restriction is prohibited by law, (b) probe, disrupt, or overload the Service, (c) use bots or scrapers except for ordinary browser access, (d) share sign-in credentials, (e) upload malware or content that infringes another person's rights, (f) use the Service to build a competing extraction product from our prompts or outputs at scale, (g) attempt to bypass usage allowances, or (h) use the Service in any country or for any person prohibited by applicable export or sanctions law. We may suspend a workspace that violates these Terms.

8. Marketplace Connections

You authorize us to use credentials you approve only to perform the destination actions the Service offers for that connection. You must have authority to connect the shop. Vintake may create an unpublished Shopify product draft only after a named workspace administrator requests it; the administrator must inspect and publish it in Shopify. File exports do not create a live listing. Marketplace disputes, fees, takedowns, and account bans are between you and the marketplace.

9. Fees, Allowances, and Beta Status

The current beta does not charge a subscription fee through Vintake. Usage allowances (item, photo, document, and cost ceilings) may limit how much you can process in a period. Those allowances are operational limits, not a paid plan. We may change features, disable a destination, or end the beta. We will give reasonable notice where practical. No paid plan is offered in this version; if we introduce one, we will update these Terms and show price and term before you pay.

10. Intellectual Property

BBF and its licensors own the Service, trademarks, and provided content. Subject to these Terms, BBF grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service for your internal business purposes. No other rights are granted.

11. Termination

You may stop using the Service at any time. We may suspend or terminate access if you materially or repeatedly violate these Terms, create risk or legal exposure, or if we discontinue the Service. Where practical, we will give reasonable notice. Provisions that by their nature should survive termination—including ownership, disclaimers, liability limits, indemnity, and disputes—will survive.

12. Indemnity

To the extent permitted by law, you will defend and indemnify BBF and its directors, officers, employees, and partners from third-party claims arising from your unlawful misuse of the Service, your violation of these Terms, or content you submit. This does not require you to indemnify anyone for their own negligence or unlawful conduct.

13. Limitation of Liability

To the fullest extent permitted by law, the Service is provided "as is" and "as available." BBF disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. BBF does not promise the Service will be uninterrupted, error-free, or that its content will always be accurate.To the fullest extent permitted by law, BBF will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or use.BBF’s total aggregate liability will not exceed the greater of $100 USD or the amount you paid for the applicable Service during the 12 months preceding the event giving rise to the claim.These exclusions do not apply to liability that cannot lawfully be limited, including liability for fraud, willful misconduct, or death or personal injury caused by negligence where applicable. Your non-waivable consumer rights remain in effect.If you experience harm related to Service content, report it to support@builtbyfoundry.io. BBF will investigate and take appropriate action.

14. Dispute Resolution

Before starting a formal claim, send a written notice describing the dispute and requested relief to support@builtbyfoundry.io . The parties will try in good faith to resolve it for 30 days. Either party may still seek urgent injunctive relief when necessary.

US Residents

Applicability and affirmative acceptance: This Arbitration Agreement applies only if you are an adult user in the United States and BBF’s records demonstrate that you affirmatively accepted this version through the acceptance process described above. If BBF cannot produce that record, neither party is required to arbitrate under these Terms, and the class-action and jury-trial waivers in this section do not apply.Individual arbitration: Except for an eligible individual small claims case or a claim for injunctive relief concerning misuse of intellectual property, any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this clause. The hearing may occur by video, in your county, or at another mutually agreed location. The arbitrator may award the same individual remedies as a court.Class and jury waiver: You and BBF waive any right to a jury trial and to bring or participate in a class, consolidated, representative, or private-attorney-general action. If a court finally finds the class-action waiver unenforceable for a particular claim, only that claim may proceed in court.Opt-Out: Email support@builtbyfoundry.io within 30 days after the date you affirmatively accepted this Arbitration Agreement, with "Arbitration Opt-Out" in the subject line. Include the email address or other account identifier you used when accepting so BBF can match your notice.

Users outside the United States

The arbitration and class-waiver terms in this section do not apply to users outside the United States. You may bring a claim in the courts where you live and retain any non-waivable local consumer protections.

Governing law

Delaware law governs these Terms, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs arbitration and mandatory law where you live may still apply.

15. Assignment and Corporate Transactions

BBF may assign or transfer these Terms and any rights or obligations under them, in whole or in part, without your consent, to an affiliate or successor in connection with a merger, acquisition, financing, reorganization, change of control, sale of the App or relevant business line, sale of all or substantially all relevant assets, or operation of law. Any assignee will take these Terms subject to the obligations applicable to it, and BBF will provide any notice required by law. You may not assign or transfer these Terms without BBF’s prior written consent. Any attempted transfer contrary to this section is void. Any transfer of personal information remains subject to the Privacy Policy and applicable law.

16. Changes to Terms

We may update these Terms as the Service or law changes. We will post the revised Terms and update the date above. If a change materially reduces your rights, we will give reasonable advance notice where required. Changes apply prospectively. If you do not agree, stop using the Service before the revised Terms take effect. A revised Arbitration Agreement applies only if you affirmatively accept that version through the acceptance process described above.

17. Contact Information

BBF
2261 Market Street, Suite 86046
San Francisco, California 94114, United StatesGeneral inquiries: support@builtbyfoundry.ioPrivacy requests: privacy@builtbyfoundry.ioWebsite: builtbyfoundry.io

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