shomby Terms of Service

Effective Date: January 7, 2026

Welcome to shomby! These Terms of Service ("Terms") govern your use of the shomby platform, including our website, mobile applications, and related services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, please do not use the Platform.

1. About shomby

shomby is a local commerce platform that connects users with local businesses in the San Juan Islands, including restaurants, shops, and service providers. shomby acts as an intermediary platform and marketplace—we are not the seller, producer, or provider of the goods and services listed on our Platform. We facilitate connections between users and local businesses but are not a party to any transaction between you and a business.

2. Eligibility and Accounts

To use certain features of the Platform, you may need to create an account. When you create an account, you agree to provide accurate, current, and complete information and to update this information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must be at least 18 years old or the age of majority in your jurisdiction to create an account. By creating an account, you represent that you meet this requirement.

3. Use of the Platform

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Platform in any way that violates applicable laws or regulations
• Attempt to interfere with or disrupt the Platform or servers
• Use automated systems, bots, or scrapers to access or collect data from the Platform without our express permission
• Impersonate any person or entity or misrepresent your affiliation
• Engage in any conduct that restricts or inhibits others from using the Platform
• Use the Platform to transmit harmful code, spam, or unsolicited communications

We reserve the right to suspend or terminate your access to the Platform at any time, with or without cause or notice, for conduct that we believe violates these Terms or is harmful to other users, businesses, or the Platform.

4. Business Listings and Content

shomby displays information about local businesses, including menus, pricing, hours of operation, and other details. While we strive for accuracy, this information is provided by the businesses themselves or gathered from publicly available sources. shomby does not guarantee the accuracy, completeness, or timeliness of any business information displayed on the Platform.

Prices, availability, and menu items shown on the Platform are subject to change without notice. Always confirm details directly with the business before placing an order or visiting.

5. Transactions and Payments

When you place an order through the Platform, you are entering into a transaction directly with the applicable business, not with shomby. shomby facilitates payment processing through our third-party payment processor, Stripe. By making a purchase, you agree to Stripe's terms of service and privacy policy.

shomby is not responsible for the quality, safety, legality, or any other aspect of the goods or services you purchase from businesses through the Platform. Any issues with orders—including refunds, cancellations, or disputes—should be resolved directly with the business. However, shomby may assist in facilitating communication between you and the business.

Refund policies are determined by each individual business. shomby may facilitate refund requests but does not guarantee refunds for any transaction.

6. Terms for Businesses

If you are a business using the Platform to list your products or services, you agree to provide accurate and up-to-date information about your offerings, including menus, pricing, and availability. You are responsible for fulfilling orders placed through the Platform in a timely and professional manner.

Businesses grant shomby a non-exclusive, royalty-free license to display business names, logos, images, menus, and other content on the Platform for the purpose of operating the marketplace. Businesses represent that they have the rights to all content they provide.

7. Intellectual Property

The Platform and its original content, features, and functionality (excluding content provided by businesses and users) are owned by shomby and are protected by copyright, trademark, and other intellectual property laws. The shomby name, logo, and all related marks are trademarks of shomby.

You may not copy, modify, distribute, sell, or lease any part of the Platform or its content without our prior written permission.

8. Privacy

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and share your information. By using the Platform, you consent to our collection and use of information as described in the Privacy Policy.

9. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SHOMBY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

shomby does not warrant that the Platform will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Platform is free of viruses or other harmful components. shomby does not warrant or make any representations regarding the quality, accuracy, or availability of any business listings, products, or services offered through the Platform.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOMBY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.

IN NO EVENT SHALL SHOMBY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PLATFORM EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SHOMBY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless shomby and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any rights of another party
• Your conduct in connection with the Platform

12. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Platform shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules. The arbitration shall take place in San Juan County, Washington, and judgment on the award may be entered in any court having jurisdiction.

You agree to resolve disputes with shomby on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in San Juan County or King County, Washington.

14. Changes to Terms

shomby reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Effective Date" above. Your continued use of the Platform after any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

15. Termination

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. shomby may terminate or suspend your account at any time for any reason, including violation of these Terms. Upon termination, your right to use the Platform will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including Sections 7, 9, 10, 11, 12, and 13.

16. General Provisions

These Terms constitute the entire agreement between you and shomby regarding your use of the Platform. Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

You may not assign or transfer these Terms or your rights hereunder without shomby's prior written consent. shomby may assign these Terms without restriction.

17. Contact Us

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

shomby
Email: support@shomby.com
San Juan Island, Washington