Terms of Service

Agreement to Terms

These Terms of Service ("Terms") are a legal agreement between you and Equipoise LLC ("Equipoise," "we," "us," or "our"). By accessing or using Equipoise ("the Service"), you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service.

---

Your Account

Account creation

You must provide accurate, complete information when creating an account. You're responsible for maintaining the security of your account credentials and for all activities that occur under your account.

Account requirements

• You must be at least 18 years old to use the Service
• You must provide a valid email address
• You may not create an account for fraudulent purposes
• One person or entity may not maintain multiple accounts

---

Acceptable Use

You agree not to:

• Violate any applicable laws or regulations
• Infringe on the rights of others (intellectual property, privacy, etc.)
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to our systems
• Use the Service to send spam or unsolicited messages
• Impersonate another person or entity
• Interfere with the proper functioning of the Service
• Sell illegal goods or services
• Engage in fraudulent activities

---

Your Content

Ownership

You retain ownership of content you create and upload to the Service (products, events, messages, images, etc.). By uploading content, you grant us a license to display, distribute, and process that content as necessary to provide the Service.

Responsibility

You're responsible for your content. It must not violate laws, infringe on others' rights, or contain harmful material. We may remove content that violates these terms.

---

Payments and Fees

Subscription fees

Some features require a paid subscription. Fees are billed in advance on a monthly or annual basis. You can cancel anytime, and your subscription will remain active until the end of the current billing period.

Transaction fees

We charge transaction fees on sales processed through the platform. Current rates are displayed on our pricing page. Our fee is taken from each sale as Stripe processes it on your own Stripe account.

Refunds

Subscription fees are non-refundable except where required by law. For details on product, ticket, and donation refund handling, see our Refund Policy.

---

Platform and Merchants

Three-party relationship

Equipoise is a platform that enables organizations ("Merchants") to sell products, tickets, and accept donations from their customers ("Buyers"). When you make a purchase from a Merchant, your transaction is with that Merchant, not with Equipoise. Equipoise provides the software the Merchant sells with; it is not the seller, event organizer, or recipient of donations, and each Merchant's storefront sells only that Merchant's own goods, tickets, and causes.

Merchant responsibilities

Each Merchant is responsible for the products and services they offer, including their accuracy, quality, fulfillment, and compliance with applicable laws. Merchants set their own prices, refund policies, and terms of sale within the framework provided by the platform.

Buyer protections

If you have a dispute with a Merchant regarding a purchase, ticket, or donation, you should first contact the Merchant directly. If the dispute cannot be resolved, you may contact us for assistance or initiate a chargeback through your payment provider. We will make reasonable efforts to mediate, but ultimate responsibility for the transaction lies with the Merchant.

Payment processing

Payments are processed through Stripe, which is PCI DSS Level 1 certified. Each payment is accepted directly into the Merchant's own Stripe account; Equipoise never holds Buyer funds and receives only its own transaction fee. Equipoise does not store credit card numbers or sensitive payment credentials. Equipoise's own PCI scope is limited to SAQ A.

Merchant tax responsibilities

Each Merchant is the seller of the goods, tickets, and services it offers and is solely responsible for determining, collecting, reporting, and remitting any sales, use, admissions, amusement, or other transaction taxes on its sales, including deciding where it is required to register and whether each item it sells is taxable. Payments, including any tax, are accepted directly into the Merchant's own payment processor account; Equipoise does not hold Buyer funds, is not the seller, and does not collect, file, or remit tax on any Merchant's behalf.

Equipoise provides tools to help: a Merchant's checkout adds tax only in states where the Merchant has entered a tax registration, at the rate the Merchant supplies (or, in states where Equipoise loads the state's own published rate files, at the rate those files give). Equipoise records what was charged and produces reports the Merchant can file from. These tools are provided as a convenience and without warranty that any rate, taxability decision, or report is correct or complete for the Merchant's obligations. Equipoise does not provide tax, legal, or accounting advice; consult a qualified tax professional.

If a Merchant has no active tax registration for a state, no tax is added at checkout for sales sourced there. Any tax that was due on those sales remains the Merchant's liability.

Tax reporting (1099-K)

Payment processing is provided by Stripe. Stripe collects and verifies merchant tax identification information (EIN or SSN) during its onboarding process. Equipoise does not collect a Merchant's EIN or SSN for 1099-K purposes. If a Merchant enters a state sales tax registration number, Equipoise stores it encrypted and uses it only on that Merchant's own records and reports. For a nonprofit Merchant, Equipoise also records the organization's EIN so it can appear on that Merchant's donation receipts. Stripe is responsible for generating, filing, and delivering Form 1099-K to the IRS and to you when applicable. Verify current filing thresholds with Stripe and your tax advisor annually.

---

Intellectual Property

Our property

The Service, including its design, features, and content created by us, is owned by Equipoise and protected by copyright, trademark, and other laws. You may not copy, modify, or create derivative works without permission.

Your property

You retain all rights to your content. We claim no ownership over materials you create or upload.

---

Termination

By you

You may close your account at any time through your account settings. Upon closure, your data will be deleted within 30 days, except where retention is required by law.

By us

We may suspend or terminate your account if you violate these terms, engage in fraudulent activity, or for other reasons with notice. In cases of serious violations, we may terminate without notice.

---

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DON'T GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

---

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EQUIPOISE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS.

---

Indemnification

You agree to indemnify and hold Equipoise harmless from any claims, damages, or expenses arising from your use of the Service, your content, or your violation of these terms.

---

Disputes

Any disputes arising from these terms or the Service will be resolved through binding arbitration in accordance with the American Arbitration Association rules. You agree to waive your right to a jury trial and to participate in class actions.

---

Governing Law

These terms are governed by the laws of the State of North Carolina, without regard to conflict of law principles.

---

Changes to Terms

We may modify these terms from time to time. We'll notify you of significant changes by email or through the platform at least 14 days before they take effect. Continued use of the Service after changes constitutes acceptance.

---

Severability

If any provision of these terms is found unenforceable, the remaining provisions will continue in effect.

---

Contact Us

Questions about these terms? Contact us at legal@equipoi.se.

Equipoise LLC

4 Deerview Ln
Asheville, NC 28804