Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and PepsiteBuilder ("we," "us," or the "Platform"). By creating an account, launching a store, or otherwise using the Platform, you accept these Terms, the Merchant Agreement, the Acceptable Use Policy, and the Privacy Policy, each of which is incorporated into these Terms by reference. If you do not agree, do not use the Platform.

If you use the Platform on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

PepsiteBuilder provides software and hosting infrastructure that lets independent operators ("Operators") create and run their own e-commerce storefronts for research materials. We are a technology provider only.

We do not manufacture, own, sell, offer to sell, distribute, ship, prescribe, or endorse any product listed on any store built with the Platform. We are not a party to any transaction between an Operator and that Operator's customers. Each Operator is the sole seller of record for its store.

Nothing on the Platform or on any store built with it constitutes medical, legal, tax, or other professional advice.

You must be at least 21 years of age and legally capable of entering into contracts to use the Platform. You must provide accurate, current information when registering and keep it updated.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use.

The Platform is built exclusively for the sale of laboratory research materials. All products offered through stores on the Platform are intended strictly for in-vitro laboratory research by qualified individuals and entities. They are not for human or veterinary use of any kind and are not drugs, foods, cosmetics, medical devices, or dietary supplements.

Operators and their customers are prohibited from marketing, purchasing, or using any product for human or animal consumption or administration.

Operators are solely responsible for their stores, including product selection, pricing, listings they author, order fulfillment, customer service, refunds, taxes, and compliance with every law and regulation that applies to their business in every jurisdiction they operate in or sell into.

Operators must comply with the Merchant Agreement and the Acceptable Use Policy at all times. Compliance-related features the Platform provides (age gates, attestations, research-use-only labeling, generated policy pages) are tools, not guarantees: using them does not ensure your business complies with the laws that apply to you, and you remain solely responsible for obtaining your own legal advice.

Plan fees, add-on fees, and domain registration fees are described at purchase time and may change with notice. Except where required by law, fees are non-refundable once the billing period has started or the service (such as a domain registration) has been provisioned.

Domain registrations are processed through third-party registrars and are subject to the registrar's terms and to ICANN policies. Domain pricing includes our service margin.

The Platform is not a bank, money transmitter, or payment processor. Card processing for storefront sales runs on payment accounts the Operator obtains and controls, under the Operator's own agreement with the processor. Operators are solely responsible for processor fees, reserves, chargebacks, fines, and compliance with card-network rules, and for the lawfulness of accepting any alternative payment method they enable.

The Platform, including its software, design, templates, and centrally authored product descriptions, is owned by us or our licensors and is licensed to you, not sold. We grant Operators a limited, revocable, non-exclusive, non-transferable license to use the Platform to operate their store while their account is in good standing.

You retain ownership of content you upload (such as logos and store copy) and grant us a worldwide, royalty-free license to host, display, and reproduce that content as needed to operate the Platform. You represent that your content does not infringe any third party's rights.

If you believe content on the Platform infringes your copyright or trademark, contact us with details and we will review and, where appropriate, remove it.

The Platform integrates third-party services (payment processors, domain registrars, shipping and email providers). We do not control those services and are not responsible for their acts, omissions, or terms. Your use of a third-party service is governed by that provider's agreement with you.

We may suspend or terminate your account or any store, with or without notice, if we reasonably believe you have violated these Terms, the Merchant Agreement, or the Acceptable Use Policy, if required by law or by a payment, hosting, or registrar partner, or to protect the Platform, its users, or the public.

You may close your account at any time. Sections that by their nature should survive termination (including disclaimers, limitation of liability, indemnification, and dispute resolution) survive.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT USING IT WILL MAKE ANY BUSINESS COMPLIANT WITH ANY LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY. WE ARE NOT LIABLE FOR THE PRODUCTS, CONDUCT, CONTENT, OR OMISSIONS OF ANY OPERATOR, SUPPLIER, OR STORE CUSTOMER, OR FOR ANY USE OR MISUSE OF PRODUCTS SOLD THROUGH STORES BUILT WITH THE PLATFORM.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PLATFORM IS LIMITED TO THE FEES YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You will defend, indemnify, and hold harmless PepsiteBuilder, its owners, officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your store and the products offered through it; (b) any injury, death, or damage alleged to result from a product sold through your store or its use or misuse; (c) your violation of these Terms, the Merchant Agreement, the Acceptable Use Policy, or any law; (d) your content; (e) your taxes; or (f) any dispute between you and your customers, suppliers, or payment providers.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. Any dispute arising from these Terms or the Platform that cannot be resolved informally will be resolved by binding arbitration on an individual basis. YOU AND PEPSITEBUILDER EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. Either party may instead bring an individual claim in small-claims court, or seek injunctive relief for intellectual-property misuse in a court of competent jurisdiction.

We may update these Terms from time to time. Material changes will be announced through the dashboard or by email, and the "last updated" date above will change. Continuing to use the Platform after changes take effect constitutes acceptance of the updated Terms.

Questions about these Terms can be sent through the contact page.