Terms of Service

These Terms of Service ("Terms") govern your access to and use of Emmer (the "Service"), operated by Emmer ("we", "us", or "our"). By using the Service, you agree to these Terms.

The Service

Emmer provides a platform for food sellers to run drops, subscriptions, and orders, and for buyers to discover and purchase from those sellers. Emmer is a marketplace; we are not the seller of any food item listed on the Service.

Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate information and notify us promptly of any unauthorized use.

Acceptable Use

You agree not to use the Service to violate any law, infringe any rights, or misrepresent your identity or affiliation. We reserve the right to suspend or terminate accounts that violate these Terms.

Payments and Fees

Payments are processed through Stripe. Sellers receive payouts net of payment processing fees and any platform fees disclosed at the time of sale. Sellers are responsible for fulfilling orders accepted through the Service and for any taxes related to those sales.

Two fees sit on an order. The Emmer fee is added at checkout and paid by the buyer, so it does not come out of what the seller earns. The card processing fee charged by Stripe is borne by the seller and is deducted before the money reaches them.

Refunds

Refunds are at the seller's discretion, subject to applicable law. The seller decides whether to refund and for how much; Emmer does not issue refunds on a seller's behalf, and does not hold a seller's money.

A refunded buyer gets back everything they paid for the refunded portion, including the Emmer fee. Emmer returns its fee in the same proportion as the refund: refund half an order and half the Emmer fee comes back with it.

Card processing is not returned. Stripe keeps its processing fee on a refunded charge, and the seller continues to bear it, exactly as they would have on the completed sale. On a $40 order this is roughly $1.46. This means a fully refunded order leaves the seller slightly out of pocket, and their Stripe balance can go negative. Stripe recovers a negative balance out of that seller's later sales.

Emmer keeps nothing on a refunded order. The portion of our fee that we retain is the amount we have already paid Stripe for processing the original charge.

Disputes and Chargebacks

A buyer can dispute a charge with their bank. When that happens the disputed amount and any fee the card network charges for the dispute are the seller's responsibility, and Emmer may recover them from the seller's Stripe balance or from later sales. This is the case whether or not the dispute is ultimately resolved in the seller's favour, though amounts recovered are returned if the dispute is won.

The seller is the one who knows what was made, when it was collected and what was said to the buyer, so the seller is responsible for responding to a dispute with that evidence. We will pass on what we hold and what Stripe asks for.

Most disputes on food sold for pickup come down to an order a buyer did not collect or did not recognise on their statement. Keeping the storefront name recognisable and messaging buyers through Emmer is the practical protection.

Seller Responsibilities

Sellers represent that they hold any licenses and permits required to operate their food business under applicable law (including any cottage food laws), and that products listed on the Service accurately describe what is being sold, including ingredients and allergens.

Disclaimers

The Service is provided "as is" without warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted or error-free. Emmer is not responsible for the quality, safety, or legality of any food sold through the Service.

Limitation of Liability

To the maximum extent permitted by law, Emmer will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

Termination

You may stop using the Service at any time. We may suspend or terminate access to the Service if you violate these Terms or if we are required to do so by law.

Governing Law

These Terms are governed by the laws of the State of Michigan, without regard to its conflict of laws provisions.

Changes

We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

Contact

Questions about these Terms? Email legal@emmer.app.