These Terms of Service ("Terms") govern access to and use of OrderSail ("OrderSail," "we," "us"), including the dashboard, storefront, point-of-sale app, and API (together, the "Service"). By creating an account or using the Service you agree to these Terms. If you're accepting on behalf of a business, you're confirming you have the authority to do so.
1. The service
OrderSail is under active development and has not launched yet. Features may change, break, or be removed with little notice, and we don't guarantee uptime or data retention during this period. We'll aim to give notice of breaking changes where practical.
2. Your account
You must provide accurate account information and are responsible for activity under your account, including staff you invite. You must be at least 18 years old, or the age of majority in your jurisdiction, to hold an account. Notify us promptly of any unauthorized use.
3. Acceptable use
Use of the Service is subject to our Acceptable Use Policy, which covers prohibited businesses, prohibited activities, and enforcement. We may suspend or terminate accounts that violate it.
4. Payments
OrderSail uses Stripe (via Stripe Connect) to process payments and pay out merchants. Stripe's own terms and fees apply to payment processing, and Stripe — not OrderSail — holds and moves the funds. OrderSail doesn't add a per-transaction fee on top of Stripe's processing fee; see pricing for subscription costs, if any apply.
5. Your content & data
You own your catalog, order, and customer data. You grant OrderSail a license to process it solely to provide the Service. Our handling of personal data is described in the Privacy Policy. Merchants who need a Data Processing Agreement for their own compliance obligations can find one at /dpa.
6. Termination
You can close your account at any time. We may suspend or terminate an account for a violation of these Terms or the Acceptable Use Policy, or with notice for any other reason before the Service launches. On termination, you can export your data through the API for a reasonable period beforehand.
7. Disclaimers & limitation of liability
The Service is provided "as is," especially before launch, without warranties of any kind, express or implied. To the maximum extent permitted by law, OrderSail isn't liable for indirect, incidental, or consequential damages arising from use of the Service, and our total liability for any claim is limited to the amount you paid OrderSail in the twelve months before the claim arose.
8. Governing law
These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in New Jersey, and you and OrderSail consent to their jurisdiction.
9. Changes to these terms
We may update these Terms as the Service changes. We'll update the "last updated" date above, and for material changes we'll make a reasonable effort to notify account owners directly.
10. Contact
Questions about these Terms can be sent through the contact page.