JoyWorksAI Seller Terms

These Seller Terms apply to every business that lists or sells items through the JoyWorks app and the related services of nJoy Worldwide Inc., doing business as JoyWorksAI (“JoyWorksAI,” “we,” or “us”). They are part of our Terms of Service and are read together with our Fees, Payments and Merchant Data Policy and our Privacy Policy. Words defined in the Terms of Service mean the same here. Where these Seller Terms and the Terms of Service differ on selling, these Seller Terms control.

1. Who Can Sell

1.1. Eligibility. You must be at least 18, operate a lawful business with a physical location where buyers can collect their orders, and have the authority to bind that business.

1.2. Your information. You will give us your true business name, the kind of business you run, a working phone number, and your street address, and you will keep them current. We use your address to offer you the campuses and communities near you.

1.3. Kind of business. The kind of business you choose decides which features you get, for example whether your hours limit when orders arrive and whether buyers can add a tip. Once your business is approved, only we can change it. Contact us if it is wrong.

1.4. One at a time. You may have one business waiting for review at a time.

1.5. Your team. People you add to your business in the app can see its orders and receive its order notifications. You are responsible for what they do.

2. Review, Approval, and Suspension

2.1. We review every business before buyers can see it. We may approve it, send it back to you with a reason to correct, or decline it.

2.2. Approval is not an endorsement of your business or your items, and it does not mean we have verified your licenses or permits.

2.3. We may suspend or remove a business or any listing at any time where we reasonably believe it breaches these Seller Terms or the law, offers a prohibited item, or creates risk for buyers or for us, or where Stripe restricts your account. We will tell you the reason. While a business is suspended, buyers cannot see it or order from it.

2.4. Suspension or removal does not end your duty to complete or refund the orders you already accepted.

3. Getting Paid

3.1. Your Stripe account. To sell, you must connect a Stripe account in your business's name. Stripe's own terms govern that account. You cannot take orders until Stripe confirms the account can accept charges.

3.2. You are the seller. You are the seller and merchant of record for every sale. We do not take title to your items and we do not hold your money.

3.3. How money moves. Buyers pay you directly. Each charge is made on your Stripe account, and Stripe pays out to your bank on the schedule you have with Stripe. Our commission (Section 4) is deducted from the charge when it is made.

3.4. Stripe's fees, disputes, and chargebacks. You pay Stripe's processing fees. Card disputes and chargebacks on your sales are yours to answer and to pay.

3.5. If Stripe restricts or closes your account, your listings are hidden until it can accept charges again.

4. Fees

4.1. Commission. On each order you pay us a commission of 10% of the price of the items sold, including any paid options the buyer chose. We take no commission on sales tax or on tips.

4.2. Treats. We take no commission on treat orders.

4.3. Refunds. When an order is refunded, our commission on it is returned.

4.4. No fee to list. Signing up, being reviewed, and listing items under these Seller Terms cost nothing. Optional paid plans, where we offer them, are described in the Fees, Payments and Merchant Data Policy.

4.5. Changes. We may change our fees with at least 30 days' notice by email or in the app. The fee in effect when an order is placed applies to that order.

4.6. A different rate in a written agreement signed by us controls over this Section.

5. Your Listings

5.1. Your prices. You decide what you list and at what price. Prices are in U.S. dollars. The buyer pays your listed price, the price of any options they choose, sales tax at your rate, and any tip they add. You may not ask a buyer for more at pickup.

5.2. Accuracy. Your listings must be accurate and not misleading: names, descriptions, photos, prices, options, and, for food and drink, ingredients and allergens wherever the law requires you to disclose them.

5.3. Menu import. If you use the import tool, it reads your menu, photos, or files with automated tools, including AI Features as described in the Terms of Service, and prepares a draft. The draft can contain mistakes. Nothing is published until you confirm it, and you are responsible for everything you confirm.

5.4. Availability. List only what you can provide at any time you are open. Mark an item or a choice as sold out when you run out.

5.5. Your content. You have the rights to the photos and text you upload. You give us the license described in the Terms of Service to show them in the Service, and you allow us to show your business name, logo, and listings to promote your business and the Service. We may feature your items, but we do not promise any placement or any number of sales.

6. Sales Tax

6.1. You are solely responsible for determining, collecting, reporting, and remitting all taxes on your sales.

6.2. You set your sales tax rate in the app. We add that rate to each order, and the tax collected is paid to you as part of the charge. If you set no rate, or a rate of zero, no sales tax is added to your orders.

6.3. We do not give tax advice, and we do not file or remit taxes for you.

7. Orders

7.1. Pickup. Orders are for pickup at your business address. The Service does not offer delivery or shipping for your items.

7.2. A hold first. When a buyer places an order, a hold for the order total is placed on their card through your Stripe account. Nothing is charged yet.

7.3. Accepting. The buyer is charged when you accept the order. If you turn on “accept orders automatically,” every order is accepted and charged the moment it arrives. If you decline an order, the hold is released and the buyer is not charged.

7.4. Time to accept. An order you have not accepted is cancelled automatically and the hold is released:

• for prepared food and drink, two hours after its pickup time;
• for any other order, three days after it was placed.

7.5. Before you accept, the buyer may cancel free of charge.

7.6. Once you accept, you must prepare the order, have it ready by the pickup time shown, mark it ready in the app, and hand it to the buyer. If you cannot, cancel it and refund it (Section 8.4).

7.7. Hours. Keep your hours and your ready time accurate. For prepared food and drink, orders arrive only during your posted hours. You can pause orders at any time.

7.8. Stock. Where you count stock, it is reduced when you accept an order, not when the order is placed. Accept only what you can provide.

7.9. Notifications. We send a notification for each new order, but notifications can be delayed or missed. Check your orders in the app.

8. Cancellations and Refunds

8.1. Your return policy. You must write a return policy in the app. Buyers see it on your items and when they ask for a refund. It must comply with the law.

8.2. Refund requests. After you accept an order the buyer can no longer cancel it, but may ask you for a refund through the app: for prepared food and drink, up to 24 hours after pickup; for other items, at any time. Items you sold as final sale are excluded where the law allows.

8.3. Your decision. You decide each request under your return policy and the law. Your answer in the app closes the request in the Service. It does not limit any right the buyer has under the law or with their card issuer.

8.4. How refunds are paid. A refund you approve, and any order you cancel after accepting it, is refunded in full, including tax and tip, from your Stripe account to the buyer's original payment method, at once.

8.5. We do not decide refunds for you and we do not pay them.

9. Buyers and Their Information

9.1. What you receive. For each order you see the buyer's first name and last initial, their profile photo if they have one, what they ordered, any note they wrote to you, and the pickup time. For a treat you may also see the name of the member who paid. We do not give you a buyer's phone number, email address, or card details.

9.2. What you may do with it. Use buyer information only to prepare and hand over the order, to answer a refund request, and to keep the records the law requires. You may not use it for marketing, add it to a mailing list, contact buyers outside the Service, or sell or share it.

9.3. What buyers see. Buyers see your business name, address, phone number, hours, return policy, and website.

9.4. Our Fees, Payments and Merchant Data Policy explains how we handle this information. You must comply with the privacy laws that apply to you.

10. Treats

10.1. If you switch on “offer as a treat” for an item, one member can pay for it as a gift for another member to collect from you.

10.2. The giver's card is authorized when the treat is sent and charged when the recipient uses it. A treat that is not used within three days expires and the hold is released.

10.3. You must honor a valid treat shown to you in the app as you would any order you accepted.

11. Prohibited and Restricted Items

11.1. You may not list or sell:

• anything that is illegal to sell where you are, or to the buyer;
• alcohol, tobacco, nicotine and vaping products, and cannabis or products containing THC;
• prescription drugs, and medical devices that need a prescription;
• weapons, ammunition, fireworks, and hazardous materials;
• counterfeit, stolen, or recalled goods;
• adult content or services;
• gift cards, cash equivalents, lottery tickets, or gambling;
• live animals;
• any item that requires you to check the buyer's age or identity; or
• anything that infringes another person's intellectual property rights.

11.2. The Service does not check a buyer's age. Many of our members are under 21, and some are under 18.

11.3. If you sell food or drink, you must hold every license and permit the law requires and follow food safety law.

11.4. We may remove any listing we believe is prohibited, and we may add to this list.

12. Your Responsibilities

You are responsible for:

• your items, and their quality, safety, and legality;
• the licenses and permits your business needs;
• following the laws that apply to you, including consumer protection, food safety, labeling, accessibility, and tax law;
• customer service: buyers contact you about their orders, and you will answer them promptly; and
• the security of the phones and accounts your business uses to sell.

13. Fee Avoidance

You may not take an order that began in the Service outside it to avoid our fees, or ask a buyer to pay you another way.

14. Shopify Stores

Where we offer the ability to connect a Shopify store, the products you publish from that store are sold through your store's own Shopify checkout. Your Shopify terms and payment arrangements apply to those sales, and Sections 3, 7, and 8 do not. The fees for those sales are shown to you in Shopify before you connect. Items you create in the JoyWorks app, including treats, are sold under these Seller Terms.

15. Closing Your Business; Termination

15.1. The owner of a business may close it at any time in the app. Closing cannot be undone.

15.2. We may end your right to sell as provided in the Terms of Service and in Section 2.

15.3. After a business is closed, suspended, or terminated, you must still complete or refund the orders you accepted and answer any open refund request. Sections 3.4, 6, 8, 9, 16, and 17 survive.

16. Indemnity

In addition to your indemnity in the Terms of Service, you will defend, indemnify, and hold JoyWorksAI harmless from all claims, damages, costs, and expenses (including reasonable legal fees) arising from your items, your listings, your taxes, your refunds and chargebacks, your handling of buyer information, and your breach of these Seller Terms.

17. Disclaimers and Limits

The disclaimers in Section 11 and the limitation of liability in Section 12 of the Terms of Service apply to these Seller Terms. We do not promise that the Service will bring you any number of buyers or sales, or that it will be available without interruption.

18. Changes to These Seller Terms

We may change these Seller Terms. For a material change we will give you at least 30 days' notice by email or in the app. If you keep selling after the change takes effect, you accept it. If you do not agree, stop selling and close your business.

[email protected] · nJoy Worldwide Inc. (d/b/a JoyWorksAI), 9663 Santa Monica Blvd., #331, Beverly Hills, CA 90210 USA