Terms of Service

1. Acceptance of Terms

Welcome to RAX. These Terms of Service ("Terms") govern your access to and use of the RAX mobile application, website, and related services (collectively, the "Service") operated by RAX ("RAX," "we," "us," or "our").

By downloading the app, creating an account, or using any part of the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

2. Description of Service

RAX is a community platform for secondhand shopping that allows users to:

• Discover thrift stores, pop-up markets, garage sales, and vintage shops on an interactive map
• Create and share posts showcasing secondhand finds
• Create and discover community-submitted spots and local events
• Follow other users and store accounts
• Save and organize finds into personal collections
• Register and manage a store listing, including products and events
• Browse and purchase products from listed stores (where enabled)

The Service is provided "as is" and features may change over time. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. Eligibility & Accounts

Age Requirements

You must be at least 13 years old to use RAX. If you are between 13 and 18 years of age, you may only use the Service with the consent of a parent or legal guardian who agrees to be bound by these Terms. Users in the European Economic Area must be at least 16 years old.

Account Registration

To access most features, you must create an account by providing accurate and complete information including a valid email address and a unique username. You may also register using Apple Sign In or Google Sign In.

Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Notifying us immediately at security@raxapp.io if you suspect unauthorized account access

You may not transfer, sell, or assign your account to any third party without our prior written consent.

One Account Per Person

Each individual may maintain only one personal account. Creating multiple accounts to circumvent bans or restrictions is prohibited.

4. User Content

Your Content

"User Content" means any photos, text, captions, reviews, spots, events, store information, or other material you submit, upload, or share through the Service.

License You Grant Us

By posting User Content on RAX, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and adapt your content in connection with operating and promoting the Service. This license ends when you delete your content or your account, except where your content has been shared by others (such as through screenshots or embedded links) or is required for legal purposes.

Your Representations

By submitting User Content, you represent and warrant that:

• You own or have the necessary rights and permissions to share the content
• The content does not infringe any third party's intellectual property, privacy, or publicity rights
• The content complies with these Terms and all applicable laws
• You have the consent of any identifiable individuals pictured in photos you upload

Content Standards

All User Content must comply with our community standards. You may not post content that:

• Is illegal, harmful, abusive, harassing, defamatory, or threatening
• Contains nudity, sexual content, or graphic violence
• Infringes any copyright, trademark, or other intellectual property rights
• Constitutes spam, unsolicited advertising, or misleading information
• Impersonates any person or entity
• Contains malware, viruses, or other harmful code
• Violates any individual's privacy

DMCA / Copyright Claims

If you believe your copyright has been infringed by content on RAX, please send a notice to legal@raxapp.io including: (a) a description of the copyrighted work; (b) a description of where the infringing content is located; (c) your contact information; (d) a statement of good faith belief; and (e) your signature. We will respond to valid DMCA notices promptly.

5. Prohibited Conduct

You agree not to engage in any of the following activities:

Platform Integrity

• Scraping, crawling, or harvesting any data from the Service without our written permission
• Attempting to access any part of the Service through unauthorized means
• Reverse engineering, decompiling, or disassembling any part of the Service
• Using automated bots, scripts, or tools to access the Service or create accounts
• Interfering with or disrupting the integrity or performance of the Service
• Probing, scanning, or testing the vulnerability of the Service or any related systems

Community Standards

• Harassing, intimidating, or threatening other users
• Posting false, misleading, or deceptive content about stores or products
• Creating fake store listings or falsely claiming ownership of a store
• Manipulating ratings, reviews, or engagement metrics through artificial means
• Using the Service to facilitate scams, fraud, or other deceptive schemes
• Soliciting personal information from minors

Prohibited Commerce

• Listing counterfeit, stolen, or prohibited items
• Using the Service to sell firearms, controlled substances, or other regulated goods without proper authorization
• Processing payments outside of the Service's official payment system to circumvent our fees or protections

We reserve the right to remove content, suspend, or terminate accounts that violate these prohibitions at our sole discretion.

6. Store Owners

Claiming a Store

Store listings on RAX may be sourced from our database, user submissions, or Google Places. If you own or operate a store, you may claim the listing by verifying your ownership through the app. By claiming a store, you represent that you are the legitimate owner or authorized representative of that store.

False claims of store ownership are a serious violation of these Terms and may result in immediate account termination and potential legal action.

Store Owner Responsibilities

As a store owner on RAX, you agree to:

• Provide accurate and up-to-date information about your store, hours, and products
• Honor all orders placed through the Service in a timely manner
• Accurately represent product condition, pricing, and availability
• Respond to customer inquiries and resolve disputes in good faith
• Comply with all applicable local, state, and federal laws regarding the sale of goods
• Ensure all items listed comply with our prohibited items policy

Store Content

You are solely responsible for all content posted to your store listing, including product photos, descriptions, and pricing. RAX reserves the right to remove store content that violates these Terms or our content standards.

Fees

Creating and maintaining a basic store listing on RAX is free. We may introduce premium features or transaction fees in the future, and will provide advance notice before implementing any new charges.

7. Transactions & Payments

Buyer Responsibilities

When you purchase a product through RAX, you are entering into a transaction directly with the store owner, not with RAX. RAX acts as a platform facilitating the transaction. You agree to provide accurate shipping information and pay all applicable amounts.

Payment Processing

Payments are processed through Stripe, a third-party payment processor. By making a purchase, you agree to Stripe's Terms of Service. RAX does not store your full payment card details.

Returns and Refunds

Refund and return policies are set by individual store owners. RAX is not responsible for resolving disputes between buyers and sellers. If you cannot resolve a dispute directly with a seller, contact us at support@raxapp.io and we will attempt to assist in good faith, though we make no guarantees.

Taxes

Store owners are responsible for collecting and remitting any applicable sales taxes on transactions. Buyers are responsible for any import duties or taxes applicable to their purchase.

RAX's Role

RAX is not a party to transactions between buyers and sellers and is not responsible for the quality, safety, legality, or availability of products listed on the platform. We do not guarantee that any transaction will be completed.

8. Intellectual Property

RAX's Intellectual Property

The RAX name, logo, app design, software, and all content created by RAX (excluding User Content) are owned by or licensed to RAX and are protected by copyright, trademark, and other intellectual property laws. You may not use, copy, reproduce, or distribute any RAX-owned content without our express written permission.

Limited License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes, subject to these Terms. This license does not include the right to resell or make commercial use of the Service, collect or use any product listings or descriptions, copy, reproduce, or distribute any part of the Service, or use data mining, robots, or similar data gathering tools.

Feedback

If you provide us with suggestions, ideas, or feedback about the Service ("Feedback"), you grant us the right to use that Feedback without restriction and without any obligation to compensate you.

9. Third-Party Services

The Service integrates with or may link to third-party services including Google Maps, Google Places, Apple Sign In, Stripe, and Microsoft Azure. These third-party services are governed by their own terms and privacy policies. RAX is not responsible for the practices or content of third-party services.

Your use of Google Maps features within the app is subject to Google Maps/Google Earth Additional Terms of Service.

The Service may display store information sourced from Google Places. Such information is provided for convenience only and may not always be accurate or current. RAX makes no representations regarding the accuracy of third-party data.

10. Disclaimers

To the fullest extent permitted by applicable law, RAX disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Service will be uninterrupted, error-free, or free of viruses or other harmful components
• Any warranty regarding the accuracy, reliability, completeness, or timeliness of any content on the Service
• Any warranty regarding the quality, safety, or legality of any products listed by third-party store owners

RAX does not endorse, guarantee, or assume responsibility for any product, service, or store listed on the platform. Use of the Service and reliance on any information provided is at your sole risk.

11. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall RAX, its officers, directors, employees, agents, licensors, or service providers be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, goodwill, or other intangible losses
• Any damages resulting from unauthorized access to your account or content
• Any damages resulting from your reliance on information obtained through the Service
• Any transactions between buyers and sellers conducted through or facilitated by the Service

In any case, RAX's total liability to you for all claims arising out of or related to these Terms or the Service shall not exceed the greater of (a) the amount you paid RAX in the 12 months preceding the claim, or (b) one hundred dollars ($100).

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if RAX has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless RAX and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your User Content
• Your use of the Service
• Any transaction you conduct through the Service as a buyer or seller
• Your violation of any third party's rights, including intellectual property rights
• Any claim that your User Content caused damage to a third party

13. Termination

Termination by You

You may terminate your account at any time by deleting your account in the app settings or contacting us at support@raxapp.io. Upon termination, your right to use the Service immediately ceases.

Termination by RAX

We may suspend or terminate your account and access to the Service at any time, with or without notice, if we believe you have violated these Terms, if your conduct poses a risk to RAX or other users, or if required by law. We will make reasonable efforts to notify you before termination except in cases of serious or repeated violations.

Effect of Termination

Upon termination of your account:

• Your right to access and use the Service immediately ends
• We may delete your account data in accordance with our Privacy Policy
• Sections that by their nature should survive termination will remain in effect, including Sections 4 (license grant), 8 (intellectual property), 10–12 (disclaimers, limitation of liability, indemnification), 14–15 (governing law, disputes), and this Section 13

14. Governing Law

These Terms and any dispute arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the State of Wisconsin, United States, without regard to its conflict of law provisions.

If you are accessing the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

15. Dispute Resolution

Informal Resolution

Before initiating any formal dispute, you agree to contact us at legal@raxapp.io and give us at least 30 days to attempt to resolve the dispute informally.

Binding Arbitration

If we cannot resolve the dispute informally, you and RAX agree to resolve any claims through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted in Wisconsin or, at your option, by telephone or video conference.

Class Action Waiver

You and RAX each agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of a class, consolidated, or representative action. You are waiving your right to a jury trial and to participate in a class action lawsuit.

Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. You may also bring claims in small claims court if they qualify.

Opt-Out

You may opt out of the arbitration agreement by notifying us in writing within 30 days of first accepting these Terms at legal@raxapp.io with the subject line "Arbitration Opt-Out."

16. Changes to These Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the app and updating the "Last Updated" date at the top of this page. For significant changes, we may also send an email notification.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service and delete your account.

17. Contact Us

If you have questions about these Terms or the Service, please contact us:

• General Support: support@raxapp.io
• Legal Inquiries: legal@raxapp.io
• Privacy Inquiries: privacy@raxapp.io
• Website: raxapp.io