Terms of Service
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These Terms of Service ("Terms") are a binding agreement between you ("you", "Customer", "Mall") and Vintique, Inc. ("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 acknowledge 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. With an independently operated terminal, you record payment totals in Vintique. Where a supported payment integration has been enabled for your Workspace, Vintique can send payment instructions and receive status and receipt references; the payment provider handles card credentials and processing under its own agreement. Availability depends on your processor, hardware and enabled features. A software subscription alone does not enroll you for payment processing.
2. Account registration and tenant workspaces
When you sign up for a mall subscription, 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
Independent vendor accounts. You can create a personal vendor account in the Vintique app with your name and a verified email address, even if your mall does not use Vintique. This creates your own inventory and reporting space; it does not create or join a mall Workspace. Basic inventory, manually recorded sales and basic reports are free, with no credit card, paid trial or automatic subscription. You are responsible for the information and sales you record. Optional add-ons are not included or charged at signup. Any future paid service requires a separate purchase showing its price and terms before you agree.
Mall Workspaces are offered on monthly and annual subscription plans described on our pricing page. Each new mall Workspace begins with a 45-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 renewal date for the billing interval you select until you cancel. Checkout shows your price, billing interval and first charge date before you confirm; no subscription charge is due during the 45-day trial.
- Renewals. Subscriptions renew automatically each month or year, according to the interval selected at checkout, at the applicable plan rate disclosed before renewal. By providing a payment method, you authorize Vintique and Stripe to charge that method for all amounts due.
- Plan changes. The billing screen previews when a change takes effect, charges or credits, and the next bill before you confirm. Changes can affect features and vendor caps immediately; proration and interval changes follow that preview and the payment provider's confirmation.
- Cancellation. You can cancel anytime from the Settings page. 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; suspension does not itself delete the Workspace. Retention and customer-requested deletion are described in §9 and the Privacy Policy.
- 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 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, (c) publishing image copies and listing information when you or an authorized user chooses a public storefront or marketplace sharing feature, and (d) operating, securing, and troubleshooting the Service. Lookup-only photos are held temporarily and cleaned up as described in the Privacy Policy; 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 Private photos and public publication. Original uploads are scoped to your Workspace and access-controlled. Choosing to list an item publicly authorizes publication of its listing information and smaller image copies. Anyone, including search engines and other mall users, may access that published material. You must have the rights and permissions needed for publication. Unpublishing starts removal of our public copies; edge caches can retain them for up to one hour after storage removal, and downloaded or third-party copies may persist. We do not use your photos to train general-purpose machine-learning models.
5. Acceptable use
You agree that you will not, and will not permit anyone using your Workspace to:
- use the Service to violate any applicable law or regulation;
- 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 biometric-privacy requirements. 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), Amazon Web Services (object storage for photos and uploads, application hosting, and managed PostgreSQL), SerpAPI / Google Lens / Google Shopping / eBay (item-lookup and comparable-listing data). 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. Price Lookup sends the photo or a temporary photo URL and your query to SerpAPI for comparable-listing searches using Google Lens, Google Shopping and eBay. Metadata removal is attempted but is not guaranteed for every image format. Lookup photos are stored temporarily; attaching one to an item creates a saved copy. Our Privacy Policy describes retention and deletion, including cleanup retries. Providers apply their own terms and retention policies; deleting our copy does not itself delete provider copies. SeeSub-processors for details. We do not run facial recognition or extract biometric identifiers from photos, or authorize providers to use them to train biometric-identification models.
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 connects to your Workspace and stores an authentication credential on your device. It 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
The Vintique iOS app provides role-based tools for booth owners and staff. Features depend on the installed version and your Workspace permissions. Camera and library access requires device permission and an action you take to use a photo; the app does not scan or upload your library in the background. You can revoke access in device settings.
Supported app versions offer optional sales, schedule and rent notifications. You choose categories in the app and control device permission. Delivery uses Expo and Apple; notification and device data are described in the Privacy Policy. Subscription billing is provided through the web checkout.
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 paid access. Cancellation and suspension do not schedule erasure: we retain Workspace data for reactivation, export and customer-requested deletion as described in the Privacy Policy. Contact colin@getvintique.com for export or deletion assistance if sign-in is unavailable. We may suspend or terminate your access immediately if (a) payment remains unresolved after the applicable billing grace period, (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) changes to Workspace records 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, we delete the Workspace's business records and remove private uploads and image copies, lookup photos, exports and public storefront copies from active storage. Failed removals are retried. We retain a restricted deletion record for accountability and billing reconciliation, as described in the Privacy Policy. Backup and legal-record exceptions are described in Privacy Policy §7.
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, with scheduled retries if cleanup fails). 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 supported Workspace business records (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? Email colin@getvintique.com or write to Vintique, Inc., 17614 Brucker St, Grand Haven, MI 49417, United States. No account is required.