Terms of Service

Please read these Terms of Service (“Terms,” “TOS”) carefully before using the Shelf Social application and website (collectively, the “Platform”) operated by Shelf Social, LLC (“Shelf Social,” “we,” “us,” or “our”).

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access or use the Platform.

1. Description of Service

Shelf Social is a social collection platform that allows users to organize, photograph, display, and share personal collections of goods. The Platform provides tools for collection management, social interaction, and community engagement.

2. Eligibility

You must be at least 13 years of age to use the Platform. If you are between 13 and 18 years of age, you may only use the Platform with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Platform, you represent and warrant that you meet these eligibility requirements.

3. Account Registration and Security

To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account at our sole discretion, with or without notice, for any reason, including but not limited to violation of these Terms.

4. User-Generated Content

4.1 Your Content

You retain ownership of all content you post, upload, or share on the Platform (“User Content”), including photographs, descriptions, tags, collection names, comments, and messages. By posting User Content, you grant Shelf Social a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, display, and create derivative works of your User Content solely for the purpose of operating, developing, providing, promoting, and improving the Platform.

4.2 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that you have all rights necessary to post your User Content and that your User Content does not violate any third party’s rights, including intellectual property rights, privacy rights, or any applicable law.

4.3 Content You Tag or Describe

The Platform provides freeform text fields that allow you to create tags, collection names, descriptions, and other labels for your items. All such text is your User Content. Shelf Social does not endorse, verify, validate, or adopt the meaning of any user-created tags, labels, descriptions, or classifications. The presence of user-created content on the Platform does not constitute any representation by Shelf Social regarding the nature, quality, authenticity, origin, value, or legality of any item.

4.4 No Content Guarantees

Shelf Social does not pre-screen all User Content and makes no guarantee that it will identify or remove any particular content. We reserve the right, but have no obligation, to monitor, review, edit, or remove any User Content at our sole discretion, for any reason, without notice.

5. Prohibited Conduct

You agree not to use the Platform to:

• (a) Post, upload, or distribute content that infringes any third party’s intellectual property rights, including copyrights, trademarks, trade secrets, or patents.
• (b) Offer for sale, sell, distribute, or facilitate the sale or distribution of goods bearing counterfeit trademarks, as defined under 15 U.S.C. § 1127 and 18 U.S.C. § 2320.
• (c) Misrepresent the authenticity, origin, nature, quality, or provenance of any item.
• (d) Use the Platform to engage in or facilitate any activity that violates applicable federal, state, local, or international law.
• (e) Harass, threaten, intimidate, stalk, or abuse any other user.
• (f) Post content that is defamatory, obscene, pornographic, or promotes violence or hatred against any individual or group.
• (g) Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• (h) Interfere with or disrupt the Platform or servers or networks connected to the Platform.
• (i) Use automated means (bots, scrapers, crawlers) to access the Platform without our express written permission.
• (j) Circumvent, disable, or interfere with security-related features of the Platform.
• (k) Use the Platform for any unauthorized commercial purpose, including but not limited to unsolicited advertising, promotional materials, or spam.

6. Transaction Disclaimer

SHELF SOCIAL DOES NOT PARTICIPATE IN, FACILITATE, ENDORSE, OR GUARANTEE ANY TRANSACTION BETWEEN USERS. Any exchange of goods, payment, or other transaction arranged, discussed, or inspired through use of the Platform — including through the Platform’s messaging features, comments, or any other communication tool — is conducted entirely between the users involved, at their sole risk and responsibility.

Shelf Social has no control over and does not guarantee the existence, quality, authenticity, legality, safety, or accuracy of any item discussed or displayed on the Platform. Shelf Social has no control over and does not guarantee the ability of users to complete any off-platform transaction, the truth or accuracy of any user’s representations, or any user’s compliance with applicable laws.

You acknowledge and agree that Shelf Social is not a party to any transaction between users. You release Shelf Social and its officers, directors, employees, agents, and successors from any and all claims, demands, damages (actual and consequential), losses, costs, and expenses of every kind and nature, known and unknown, arising out of or in any way connected with any off-platform transaction or interaction.

7. No Authentication or Verification

Shelf Social does not verify, authenticate, appraise, certify, or make any representation regarding the authenticity, origin, quality, condition, legality, value, or nature of any item displayed, discussed, or referenced on the Platform. Any information displayed about items — including photographs, descriptions, tags, and classifications — is User Content created by individual users and does not constitute any endorsement, verification, or representation by Shelf Social.

You acknowledge that items displayed on the Platform may include goods of varying origin, quality, and authenticity, and that Shelf Social makes no effort to verify, distinguish, or classify items based on these characteristics. You should independently verify any claims about any item before making any purchase decision.

8. Intellectual Property Rights

8.1 Shelf Social’s Intellectual Property

The Platform, including its design, features, functionality, code, graphics, logos, and trademarks, is owned by Shelf Social and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Platform without our express written permission.

8.2 Respect for Third-Party Intellectual Property

Shelf Social respects the intellectual property rights of others and expects its users to do the same. We will respond to notices of alleged intellectual property infringement that comply with applicable law and our IP Policy (see our Intellectual Property Policy for details).

We may, in our sole discretion, remove or disable access to User Content that we believe infringes a third party’s intellectual property rights. We may also suspend or terminate the accounts of users who are repeat infringers.

8.3 DMCA Compliance

Shelf Social complies with the Digital Millennium Copyright Act (“DMCA”). If you believe your copyrighted work has been infringed on the Platform, please submit a notice to our designated agent as described in our Intellectual Property Policy.

Our designated agent for receiving DMCA notices is:

8.4 Trademark Complaints

If you are a trademark owner and believe that User Content on the Platform infringes your trademark rights, please submit a trademark complaint through our IP reporting page at /legal/ip-report or by contacting us at TODO_LEGAL_EMAIL. We will review and respond to valid trademark complaints in accordance with applicable law.

9. Repeat Infringer Policy

Shelf Social maintains and enforces a policy for terminating the accounts of users who are repeat infringers of intellectual property rights. Our graduated enforcement policy is as follows:

First violation: The user will receive a warning and the infringing content will be removed.

Second violation: The user’s account features may be restricted for a period of up to 30 days, and the infringing content will be removed.

Third violation: The user’s account may be suspended.

In cases of egregious, willful, or large-scale infringement, Shelf Social reserves the right to immediately and permanently terminate a user’s account without prior warning.

Shelf Social reserves sole discretion in determining what constitutes a violation and in applying this policy.

10. Subscription Services and Payment

10.1 Free and Paid Tiers

The Platform offers a free tier with limited features and a paid subscription tier (“Pro”) with enhanced features. The specific features included in each tier are described on the Platform and may change from time to time.

10.2 Billing

Pro subscriptions are billed on a recurring monthly or annual basis through the applicable app store (Apple App Store or Google Play Store) or through our website payment processor. You agree to pay all fees associated with your subscription. All payments are processed by third-party payment processors; Shelf Social does not directly handle or store your payment information.

10.3 Cancellation and Refunds

You may cancel your Pro subscription at any time through your account settings or through the applicable app store. Cancellation takes effect at the end of the current billing period. No refunds or credits are provided for partial billing periods, except as required by applicable law or app store policies.

10.4 Subscription Payment Is Not Transaction Processing

For the avoidance of doubt, the payment processing described in this section relates exclusively to Shelf Social subscription fees for access to premium Platform features. Shelf Social does not process, handle, facilitate, or in any way participate in payments between users for goods.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Shelf Social does not warrant that: (a) the Platform will meet your requirements or expectations; (b) the Platform will be uninterrupted, timely, secure, or error-free; (c) the results obtained from use of the Platform will be accurate, reliable, or complete; (d) any User Content will be accurate, authentic, lawful, or non-infringing; or (e) any defects or errors in the Platform will be corrected.

You acknowledge that Shelf Social has no obligation to verify, authenticate, or validate any User Content, including but not limited to photographs, descriptions, tags, or claims about items. Any reliance on User Content is at your sole risk.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHELF SOCIAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SHELF SOCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL SHELF SOCIAL’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO SHELF SOCIAL FOR PRO SUBSCRIPTION FEES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the legal theory on which the claim is based, including breach of contract, tort (including negligence), strict liability, or any other theory, and whether or not Shelf Social has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations above shall apply to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Shelf Social, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, demands, actions, damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• (a) Your use of the Platform or any activity under your account.
• (b) Your User Content, including any claim that your User Content infringes or misappropriates any third party’s intellectual property rights.
• (c) Any transaction, interaction, dispute, or communication between you and any other user, whether conducted on or off the Platform.
• (d) Your violation of these Terms or any applicable law, rule, or regulation.
• (e) Your violation of any third party’s rights, including intellectual property rights, privacy rights, or contractual rights.

14. Dispute Resolution and Arbitration

14.1 Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

You and Shelf Social agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform (“Dispute”) will be resolved exclusively through final and binding individual arbitration, rather than in court, except as set forth below.

14.2 Arbitration Rules

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by this section. The AAA Rules are available at www.adr.org. The arbitration will be conducted by a single arbitrator. The arbitration will be conducted in North Carolina, unless you and Shelf Social agree otherwise or the AAA Rules require otherwise. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND SHELF SOCIAL AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate the claims of multiple parties and may not preside over any form of representative, class, or collective proceeding.

14.4 Exceptions

Notwithstanding the above, either party may bring a claim in small claims court if it qualifies. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14.5 Opt-Out

You may opt out of this arbitration provision by sending written notice to TODO_LEGAL_EMAIL within 30 days of first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, the remaining Terms will continue to apply.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws provisions. Subject to the arbitration provision above, any legal action or proceeding arising out of these Terms or your use of the Platform shall be brought exclusively in the federal or state courts located in Guilford County, North Carolina, and you consent to the personal jurisdiction of such courts.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting a notice on the Platform, sending you an email, or by other reasonable means. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform.

17. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice. Upon termination, your right to use the Platform will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 6, 7, 11, 12, 13, 14, and 15.

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with the Privacy Policy, Community Guidelines, and Intellectual Property Policy, constitute the entire agreement between you and Shelf Social regarding the Platform and supersede all prior agreements.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

18.3 Waiver

The failure of Shelf Social to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. Shelf Social may assign these Terms without restriction.

18.5 Contact

If you have questions about these Terms, please contact us at: