Terms of Service

Last updated:

Draft for attorney review. The eligibility, tenant-private-photo, sub-processor, mobile-app, and termination/deletion-path clauses (§3a, §4.3, §7, §7b, §9) were updated on this page's "Last updated" date and are pending counsel sign-off. Earlier revisions updated the image-license, image-warranty, and content-restriction clauses in §4 and §5. This page is provided for transparency and is not legal advice.
What changed in this revision (2026-05-13):
  • §3a — added an explicit eligibility clause requiring all account holders, admins, cashiers, and booth-owner users to be at least 18 years of age.
  • §4.3 — added an affirmative tenant-private photo handling statement: uploaded photos are scoped to the uploading mall's tenant, are not shared with other tenants or made public, and are stored in tenant-prefixed object-storage paths.
  • §7 — clarified that photo bytes (EXIF-stripped server-side for supported formats, with cleanup/retention controls as the backstop for the rest) are transmitted to SerpAPI (which relays to Google Lens, eBay, and Google Shopping on our behalf) solely to perform the visual lookup, and are held only in a short-lived tenant-scoped lookups area until an automated cleanup sweep removes them.
  • §7b — added forward-looking mobile-app clauses covering camera and photo-library permissions and an Apple activity-log disclosure for refund-verification requests.
  • §9 — described the user-visible account and data deletion path, including the 30-day grace window, how an admin triggers full workspace deletion, and how role-permitted staff request per-record deletion.

These Terms of Service ("Terms") are a binding agreement between you ("you", "Customer", "Mall") and Vintique ("Vintique", "we", "us", "our") and govern your access to and use of the Vintique point-of-sale and antique-mall management software, websites, mobile experiences, APIs, and any related services (together, the "Service"). By creating an account, clicking "I agree", or otherwise using the Service, you confirm that you have read, understood, and agree to these Terms and to our Privacy Policy. If you are accepting on behalf of a business, you represent that you have authority to bind that business.

1. The Service

Vintique is a software-as-a-service platform that helps antique malls, consignment shops, and similar multi-vendor retailers run a register, manage booth owners and consignors, track inventory and sales, generate vendor settlement reports, sell and redeem gift cards, and operate related back-office workflows. Vintique is a record-keeping and management system; it does not authorize, capture, settle, or otherwise process credit-card or debit-card payments . You are solely responsible for selecting and operating your own payment terminal or processor and for entering accurate totals into Vintique.

2. Account registration and tenant workspaces

When you sign up, we provision a logically isolated tenant workspace ("Workspace") for your mall. You agree to (a) provide accurate, current, and complete information; (b) keep that information up to date; (c) maintain the security of your login credentials; (d) be solely responsible for all activity that occurs under your Workspace, including activity by your employees, cashiers, booth owners, and any other users you invite; and (e) notify us promptly of any unauthorized access. We are not liable for any loss arising from your failure to comply with this section.

3. Plans, free trial, fees, and billing

Vintique is offered on monthly subscription plans described on our pricing page. Each new Workspace begins with a 30-day free trial. To start the trial, we require a valid payment method, which is charged automatically through our payment processor (Stripe) at the end of the trial and on each subsequent monthly renewal date until you cancel.

  • Renewals. Subscriptions renew automatically each month at the then-current published rate for your plan. By providing a payment method, you authorize Vintique and Stripe to charge that method for all amounts due.
  • Plan changes. Upgrades take effect immediately and are prorated. Downgrades take effect at the end of the current billing period and may reduce features or vendor caps.
  • Cancellation. You can cancel anytime from the Settings page or via the Stripe billing portal. Cancellation stops future renewals; it does not entitle you to a refund of the current period.
  • Refunds. Subscription fees are non-refundable except where required by applicable law.
  • Past-due accounts. If a charge fails, we will retry and notify you. Workspaces that remain past-due may be suspended; data is retained for 30 days after suspension before deletion.
  • Taxes. Fees do not include sales, use, VAT, GST, or similar taxes, which are your responsibility unless we are required by law to collect them.

3a. Eligibility and minimum age

The Service is intended for use by businesses and adult professionals. You represent and warrant that you are at least 18 years of age and that every individual you invite into your Workspace — including admins, cashiers, and booth-owner users — is also at least 18. You are responsible for verifying the age of users you invite. The Service is not directed to and is not intended for use by anyone under 18, and we do not knowingly create accounts for, or permit account use by, minors. If we learn that an account is held or operated by a minor, we may suspend or terminate the account. The related rule covering personal information of children under 16 appears in our Privacy Policy.

4. Customer data and ownership

As between you and Vintique, you retain all right, title, and interest in and to the data you and your users submit to the Service ("Customer Data"), including booth owner records, transaction history, gift card balances, item photos and descriptions, vendor settlements, and uploaded files. You grant Vintique a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Data solely as necessary to (a) provide and maintain the Service; (b) prevent or address technical or security issues; (c) comply with law; and (d) produce aggregated, de-identified statistics that do not identify you, your users, or your customers. You represent and warrant that you have all rights necessary to submit Customer Data and that doing so does not violate any law or third-party right.

4.1 Limited license to process uploaded images. You grant Vintique a worldwide, non-exclusive, royalty-free, sublicensable (solely to our sub-processors listed at /sub-processors) license to host, copy, transmit, resize, re-encode, strip EXIF metadata from, hash, and otherwise process each image you upload to the Service (including photos uploaded in the app or attached via the Vintique browser extension) solely for the purpose of (a) returning a price-lookup result and comparable listings, (b) storing the image as a saved item photo if you elect to attach it to an item, and (c) operating, securing, and troubleshooting the Service. Lookup-only photos are not retained by Vintique after the search completes; saved item photos are retained as described in our Privacy Policy. This license terminates with respect to a given image when you delete it from your Workspace, except for backups rotated and overwritten in the ordinary course and any aggregated, de-identified statistics derived from it.

4.2 Image warranties. For every image you submit to the Service, you represent and warrant that (a) you own the image or have all rights, licenses, consents, and permissions necessary to upload it and to grant the license in §4.1, including any rights of publicity, privacy, and copyright held by anyone depicted in or who created the image; (b) the image does not infringe, misappropriate, or violate any third-party right or any applicable law; and (c) the image complies with the content restrictions in §5.

4.3 Tenant-private photo handling. Every photo you upload through any intake path (in-app, browser Extension, or — once available — the mobile app) is scoped to your Workspace. We store saved item photos in object storage under a tenant-prefixed path (e.g. uploads/t<your-tenant-id>/<random-id>) and enforce that prefix on every read, write, and delete: requests for a path that does not begin with the caller's tenant prefix are rejected before any database lookup. Photos uploaded to your Workspace are not shared with, browsable by, or otherwise made visible to other tenants, and we do not publish them, syndicate them, or use them to train any general-purpose machine learning model. The only third parties that ever see the photo bytes are the sub-processors listed in §7, and only to the extent described there.

5. Acceptable use

You agree that you will not, and will not permit anyone using your Workspace to:

  • use the Service to violate any law or regulation, including consumer-protection, sales-tax, anti-money-laundering, or export-control laws;
  • upload or store content that is unlawful, defamatory, infringing, obscene, or that contains malware;
  • attempt to access another tenant's Workspace or data, or otherwise circumvent Vintique's tenant isolation, authentication, or rate limits;
  • probe, scan, or test the vulnerability of the Service, or interfere with or disrupt the integrity or performance of the Service;
  • reverse-engineer, decompile, or attempt to derive source code from the Service, except to the extent that applicable law expressly permits despite this prohibition;
  • resell, sublicense, white-label, or otherwise make the Service available to any third party other than your authorized users, without our prior written consent;
  • use the Service to send unsolicited commercial email or to scrape or harvest data;
  • use the Service to process payment-card data or other regulated data in a manner that would subject Vintique to PCI-DSS, HIPAA, GLBA, or similar regulatory regimes; or
  • upload, transmit, or store any image of an identifiable person, of any minor (under 18), of government-issued identification, or any other content that would or could reasonably be expected to subject Vintique or our sub-processors to a biometric-privacy regime — including the Illinois Biometric Information Privacy Act (BIPA), the Texas CUBI, the Washington biometric privacy statute, or any successor or similar law. You may upload photographs of items (the merchandise being priced, listed, or sold) and incidental, non-identifying background; you may not use the Service as a tool to identify, recognize, or surveil people. You are responsible for instructing your staff and booth owners on this restriction.

We may investigate suspected violations and may suspend or terminate Workspaces that violate this section, with or without notice, in our sole discretion.

6. Vendor and consignor relationships

Vintique helps you administer the relationship between your mall and its booth owners or consignors, but Vintique is not a party to that relationship. The terms of your consignment, rent, commission, fee, payout, and tax-collection arrangements are entirely between you and your booth owners. You are solely responsible for the accuracy of rates and settlements, for issuing payouts, for collecting and remitting sales tax, for issuing required tax forms, and for any dispute with a booth owner or end customer.

7. Third-party services and image sub-processors

The Service integrates with third-party services, including Stripe (subscription billing), SendGrid (transactional email), Replit Object Storage (object storage for photos and uploads), SerpAPI / Google Lens / Google Shopping / eBay (item-lookup and comparable-listing data), and our hosting and managed-database provider (Replit). The current list, with the purpose of each sub-processor and the categories of data shared, is published at /sub-processors. These services are governed by their own terms and privacy policies. We are not responsible for third-party services and do not warrant their availability, accuracy, or continued integration. Pricing data and comparable listings returned by item-lookup features are estimates only and are not appraisals.

7.1 Image sub-processors. When you submit a photo to the Price Lookup feature (in-app, via the browser Extension, or — once available — from the mobile app), Vintique attempts to strip embedded EXIF metadata server-side (including any GPS coordinates the camera recorded) before transmitting the photo bytes to SerpAPI. Active server-side rewriting is implemented for JPEGs (the dominant format produced by phone cameras for visual search); for other formats we rely on the short retention window described below as the backstop. SerpAPI is the only image sub-processor we send the bytes to directly; it relays the image, on our behalf, to the visual-search engines we have configured — currently Google Lens, eBay, and Google Shopping — solely to perform the visual lookup and return comparable-listing results (titles, prices, source URLs, and thumbnails). The photo bytes are not used by us or these sub-processors for any purpose other than performing that lookup. On our side, lookup photos are written only to a short-lived, tenant-scoped "lookups" area of object storage (e.g. lookups/t<your-tenant-id>/<random-id>), held just long enough to complete the search, and then removed by an automated cleanup job on a tight grace window (shortly after the search completes and at the latest at the next scheduled cleanup pass; well before the longer retention window that applies to saved item photos). If you choose to keep a lookup photo by attaching it to an item, the photo is copied into the long-term uploads/ tenant prefix and from then on follows the saved-item-photo retention rule. The transmitted bytes are also subject to each sub-processor's own data retention and deletion policies (see /sub-processors for links). We do not authorize any sub-processor to use the photo bytes to train a face-recognition or biometric-identification model, and we do not run any such processing ourselves.

7a. Vintique browser extension

We offer an optional Chrome browser extension ("Extension") that lets booth owners and staff right-click an image on any website and request a price-lookup against the same comparable sources used by the in-app Price Lookup feature. The Extension is paired with your Workspace using a one-time claim code that the Extension exchanges with our API for a bearer token; the token is stored locally by the Extension on the device on which it was installed. The Extension sends to the Service the image URL or image bytes you select, the lookup query you submit, and standard request metadata (timestamp, user identifier, Workspace identifier). It does not collect browsing history, page contents, or any data from sites other than what you explicitly send. You are responsible for not invoking the Extension on images that contain personal information of identifiable individuals.

7b. Mobile app (forward-looking)

We are preparing a Vintique mobile app for booth owners and staff ("Mobile App") that will let users snap or pick a photo and run the same Price Lookup the in-app and Extension flows already provide. The clauses in this section are written in advance so they accurately describe the Mobile App on the day it ships; until then they are forward-looking and apply only to those who install the Mobile App once available.

  • Camera and photo-library permissions. The Mobile App will request access to your device's camera and photo library. Photos are only read or captured when you take an action that uses them (for example, tapping "Take photo" to start a Price Lookup or attaching a photo to an item). The Mobile App does not scan, index, or upload your photo library in the background, and you can revoke either permission at any time from your device's system settings — the rest of the app will continue to work, with photo features disabled.
  • EXIF stripping. The same best-effort server-side EXIF stripping described in §7.1 applies to photos uploaded from the Mobile App.
  • Apple refund-verification logs. If you purchase a Vintique subscription through Apple's App Store or in-app purchase and later request a refund through Apple, you authorize Vintique to share with Apple a limited record of your activity in the Mobile App (account creation timestamp, sign-in timestamps, and a count of feature uses such as lookups performed) solely so Apple can verify whether the Service was used. We share only what is needed to respond to Apple's refund request and do not share Customer Data, photos, or transaction contents.
  • Push notifications. If you grant the Mobile App permission to send push notifications, we will use that permission only for account, billing, and lookup-result notifications related to your Workspace.

8. Service availability, support, and changes

We strive to keep the Service available 24/7 but do not guarantee uninterrupted, error-free, or secure operation. We may schedule downtime for maintenance and will use commercially reasonable efforts to do so outside US business hours. We may, from time to time, modify, add, or remove features. Material removals affecting paid plans will be communicated by email or in-app notice at least 30 days in advance where reasonably practicable. Support is provided by email during US business hours; response targets vary by plan.

9. Suspension, termination, and account deletion

You may cancel your subscription at any time from your Settings page; cancellation stops future billing and your Workspace will be deactivated at the end of the current billing period. We may suspend or terminate your access immediately if (a) your account becomes more than 30 days past-due, (b) you materially breach these Terms, (c) we are required to do so by law, or (d) we reasonably believe continued provision of the Service to you would create a security, legal, or reputational risk.

9.1 Self-serve account & data deletion. A mall-owner admin can request deletion of the entire Workspace from Settings → Danger Zone → Schedule deletion. The request requires typed-name confirmation and immediately flips the Workspace into a read-only "Scheduled for deletion" state for a 30-day grace window. During that window: (a) sign-in still works for admins so you can change your mind, request an export, or download the export ZIP; (b) all create/update/delete operations across the API are blocked with a "Workspace scheduled for deletion" notice; and (c) admins can Restore the Workspace at any time, which lifts the read-only state and cancels the scheduled deletion. After the grace window expires, an automated job hard-deletes the tenant: every tenant-scoped database row (booth-owner profiles, transactions, gift cards, items, settings, users, sessions, search-cache entries, audit logs the law does not require us to keep, and so on) is purged, and every object in your tenant-prefixed object-storage path (saved item photos, exports) is removed. A small tombstone record (the original tenant id and name, the deletion timestamp, and the actor) is written to the platform audit log. Backups are rotated and overwritten in the ordinary course (typically within 90 additional days). Some records may be retained longer where required by law (for example, billing and tax records).

9.2 Per-user and per-record deletion. Inside an active Workspace, admins and (where their role permits) cashiers and booth-owner users can delete individual records — saved item photos, items, booth-owner profiles, draft intakes, and so on — directly from the Service. Deleting a saved item photo also removes the underlying object from object storage in the ordinary course (typically within minutes, and at the latest at the next scheduled cleanup pass). To request deletion of records you cannot remove yourself, contact us through the Settings page in your Workspace.

9.3 Data export before deletion. Before the grace window expires you can request a one-click export of every tenant-scoped table (CSV files bundled into a ZIP) from the same Settings → Danger Zone screen. The export is generated asynchronously and made available as a short-lived signed download URL.

10. Confidentiality

Each party will protect the other's confidential information with the same degree of care it uses to protect its own (and at least reasonable care), and will use it only to perform under these Terms. Confidential information does not include information that is or becomes public through no fault of the receiving party or that is independently developed without reference to the disclosing party's information.

11. Intellectual property

The Service, including all software, design, text, graphics, logos, and trademarks (excluding Customer Data), is owned by Vintique or its licensors and is protected by US and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during your subscription term solely for your internal business purposes. All other rights are reserved.

12. Feedback

If you send us suggestions, ideas, or feedback about the Service, you grant Vintique a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation to you.

13. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise. Vintique disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. Vintique does not warrant that the Service will be uninterrupted, error-free, or secure, or that any data or report generated by the Service is accurate or complete. You are solely responsible for verifying totals, taxes, settlements, and any other financial output before relying on it.

14. Limitation of liability

To the maximum extent permitted by law, in no event will Vintique, its affiliates, or its suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenues, lost data, or business interruption, arising out of or related to these Terms or the Service, even if advised of the possibility of such damages. Vintique's total aggregate liability for any claim arising out of or related to these Terms or the Service will not exceed the greater of (a) the amounts paid by you to Vintique in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred US dollars (US $100). The parties acknowledge that the fees reflect this allocation of risk.

15. Indemnification

You will defend, indemnify, and hold harmless Vintique and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of (a) your use of the Service in violation of these Terms or applicable law; (b) Customer Data, including any claim that Customer Data infringes a third-party right or violates law; or (c) your relationship with any booth owner, consignor, employee, or end customer.

16. Governing law and dispute resolution

These Terms are governed by the laws of the State of Michigan, USA, without regard to its conflict-of-laws rules. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Kent County, Michigan, and each party consents to personal jurisdiction and venue there. Each party waives any right to a jury trial and to participate in a class action. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction.

17. Changes to these Terms

We may update these Terms from time to time. If a change is material, we will notify you by email to the address on file or by an in-app notice at least 14 days before it takes effect. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree, your sole remedy is to cancel your subscription.

18. Miscellaneous

These Terms, together with our Privacy Policy and any order forms, are the entire agreement between you and Vintique and supersede all prior agreements on the same subject. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. The parties are independent contractors; nothing creates a partnership, agency, or employment relationship.

19. Contact

Questions about these Terms? Reply to any email we have sent you, or contact us through the Settings page in your Workspace.