Terms of Service

Effective October 6, 2026. These Terms of Service (“Terms”) are a binding agreement between you and Four Brooks LLC, a Texas limited liability company that operates Wunshop (“Wunshop,” “we,” “us,” “our”). They govern your access to and use of the Services. Please read them carefully: section 21 requires most disputes to be resolved by individual binding arbitration and waives class actions and jury trials, and sections 18–20 limit our liability.

1. Accepting these Terms

You accept these Terms, and our Privacy Policy, which is part of them, when you do any of the following: click or tap to accept them; create, activate or accept an invitation to an account; sign in; or otherwise access or use the Services. By continuing to access or use the Services, you agree to be bound by these Terms as in effect at that time. If you do not agree, do not use the Services.

If you accept on behalf of a business or other entity, you represent that you are authorized to bind it, and “you” means that entity and everyone who uses the Services under its account. If you are not authorized, you are personally bound instead.

2. Definitions

Services means the Wunshop suite of business software and related services, in any form we offer them, including online storefronts and ordering, point of sale, order and kitchen management, menus and inventory, payment integrations, customer messaging, bookkeeping and accounting tools, reporting, bank-feed integrations, websites, apps, APIs, hardware integrations, documentation, support, and any feature we add, change or remove from time to time.
Customer or you means the business or person that holds an account. Authorized Users are the people you allow to use your account, such as owners, managers and staff.
End Customers are your own customers, including people who order from or pay you through the Services.
Customer Data means data you or your Authorized Users submit to the Services, and data the Services collect from End Customers on your behalf.
Third-Party Services are products and services not provided by us, such as payment processors, messaging carriers, bank-data providers, hosting, devices and card readers.
Order means any plan, pricing page, order form, quote or in-product purchase that describes the Services you subscribe to and their fees.

3. The Services

The Services are a business tool for businesses of any kind and size, not only food businesses, and are offered for business purposes only — not for personal, family or household use. We may provide the Services, or any part of them, under the Wunshop name or other product names. We may add, change, limit, suspend or discontinue any feature, product, integration or the Services as a whole at any time. Features described as beta, preview, early access, trial or free are provided for evaluation, may be changed or withdrawn without notice, and are provided without any warranty, support or service commitment.

4. What we are — and what we are not

We provide software. We are not the seller of anything you sell: every sale is a contract between you and your End Customer, and you are the merchant of record. We do not make, handle, store, prepare, deliver or inspect goods, set your prices, or fulfill your orders. We are not a marketplace, a delivery service, a payment processor, a bank, a money transmitter, an escrow or trust holder, an employer of your staff, or a provider of legal, tax, accounting, financial, food-safety or other professional advice. Calculations, reports, tax figures, ledgers and exports produced by the Services are tools that depend on the settings and information you provide; you are responsible for checking them and for any filing, return, payment or decision based on them.

5. Eligibility and accounts

You must be at least 18 and able to form a binding contract. Accounts may be offered by invitation only, and we may refuse, limit or verify any account or Authorized User at our discretion.
You must give accurate, complete and current information and keep it up to date.
You are responsible for your account and for everything done through it, by you, your Authorized Users or anyone using your credentials or devices. Keep credentials secret and devices secure, and tell us promptly at [email protected] if you suspect unauthorized access. We are not liable for loss caused by unauthorized use of your credentials or devices.
You are responsible for your Authorized Users' compliance with these Terms and for the permissions you give them.

6. Payment processing

Card and other payment processing is provided by third-party payment processors, not by us. Payment processing services for Customers on Wunshop are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a Customer on Wunshop, you agree to be bound by the Stripe Services Agreement, as it may be modified by Stripe from time to time. As a condition of Wunshop enabling payment processing services through Stripe, you agree to provide Wunshop accurate and complete information about you and your business, and you authorize Wunshop to share it and transaction information related to your use of the payment processing services provided by Stripe.

Payments are made to your own processor account. We never hold, receive, control or pay out your funds, and we are not responsible for the processor's decisions, holds, reserves, payout timing, account reviews, suspensions or closures.
You may connect an existing processor account or have one created for you. If you disconnect it, or the processor restricts it, the Services may stop accepting payments for you immediately.
Refunds, chargebacks, disputes, fraud, reversals, and any related fees, fines or losses are yours, as between you and us, even where the Services helped you take or manage the payment.

7. Fees, billing and taxes

Fees. You will pay the fees in your Order or shown in the Services, which may include per-transaction fees, subscription fees, and fees for add-ons, messaging, hardware or support. Per-transaction fees may be deducted from each payment by the payment processor and paid to us.
Subscriptions are billed in advance and renew automatically for the same period until canceled. You authorize us and our processor to charge your payment method, or deduct from your processor balance where permitted, for all fees when due.
Late or failed payment allows us to suspend or limit the Services without liability until paid in full, and you will reimburse our reasonable costs of collection.
Taxes. Fees exclude taxes. You are responsible for all sales, use, value-added and similar taxes on our fees, other than taxes on our income.
No refunds. Fees are non-cancelable and non-refundable, including for partial periods, unused features or downgrades, and per-transaction fees on a sale that is later refunded, canceled or disputed, except where the law requires otherwise or these Terms say so.
Changes. We may change fees, or end free or promotional pricing, on at least 30 days' notice. Continuing to use the Services after the change takes effect is acceptance of it.

8. Your responsibilities

You alone are responsible, and the Services do not do this for you, for:

The law that applies to your business — licenses, permits, registrations, inspections, food and product safety, labeling and allergen disclosure, health codes, alcohol and other age-restricted goods, consumer protection, pricing and advertising, accessibility of your own content, and every other rule of every place you operate.
Taxes — configuring correct tax rates and settings, and collecting, reporting and remitting all taxes on your sales.
Your staff — wages, tips and gratuities, tip pooling and distribution, scheduling, and all employment law.
Your End Customers — fulfilling orders, your own refund and cancellation policies, complaints, the accuracy of your listings, and your own terms and privacy notice to them.
The terms and privacy policy your storefront publishes — the Services may publish standard terms of sale and a privacy policy on your storefront, filled in from your settings. They are a starting point, not legal advice: you are responsible for checking that they are right for your business and its location, and they are your terms with your End Customers, not ours. You may not remove or contradict the parts that say we are not the seller, are not a party to your sales, and are not liable to your End Customers, and you will make sure any terms you give End Customers yourself say the same.
Insurance — carrying any insurance the law or your licenses require for your business, including product liability where it applies. Our liability limits and your indemnity below do not depend on it.
Privacy and consent — giving the notices and obtaining the consents the law requires to collect and use End Customers' information through the Services.
Your records — keeping your own copies of anything you need. The Services are not a backup or archive service.
Your equipment — devices, printers, card readers, networks and internet connections, and their security.

9. Messaging

Where you use the Services to send text messages, emails or other messages, you are the sender and are responsible for them. You must obtain and keep records of every consent the law and carriers require (including under the Telephone Consumer Protection Act, CAN-SPAM and carrier rules), honor opt-outs immediately, send only the kinds of messages your registration allows, and send promotional messages only with separate express consent and our prior written agreement. Delivery is not guaranteed. We may delay, block, review or refuse any message or campaign, and suspend messaging, to protect recipients, carriers, the Services or ourselves.

10. Acceptable use

You will not, and will not let anyone, use the Services to:

break any law, or sell anything unlawful where you or your End Customers are;
send spam or deceptive messages, or message anyone who has not consented or has opted out;
misrepresent who you are, what you sell, where it is made or what it contains;
falsify, conceal or suppress sales or records, or evade tax;
infringe anyone's intellectual property, privacy or other rights;
upload malware, or probe, scan, test, overload, disrupt or circumvent the security or limits of the Services;
access data that is not yours, or scrape, crawl or harvest the Services;
copy, modify, translate, decompile, disassemble or reverse engineer any part of the Services, except where the law forbids this restriction;
build or help build a competing product, or benchmark the Services for publication, without our written consent;
resell, sublicense, rent, white-label or provide the Services to third parties without our written agreement.

11. Customer Data

As between us, you own Customer Data. You grant us a worldwide, royalty-free license to host, copy, transmit, display, process and use it to provide, secure, support and improve the Services, to comply with law, and as described in the Privacy Policy.
We may create and use aggregated or de-identified data derived from Customer Data and from use of the Services, which does not identify you or any individual, for any lawful purpose, during and after this agreement. That data is ours.
For End Customers' personal information, we act as your service provider and process it on your behalf. You are responsible for having the right to provide it to us and for honoring End Customers' requests; we will help as the Privacy Policy describes.
You represent that you have all rights and consents needed for the Customer Data you provide, and that our use of it as these Terms allow will not violate any law or anyone's rights.
You may export your records while your account is active. Exports are provided in the formats the Services offer at the time.

12. Feedback

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

13. Our intellectual property

The Services, including all software, designs, text, graphics, templates and trademarks, and everything we develop, are owned by us or our licensors and protected by law. Subject to these Terms and payment of fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Services for your internal business purposes during your subscription. All rights not expressly granted are reserved. “Wunshop” and our logos may not be used without our written permission.

14. Third-Party Services and hardware

The Services work with Third-Party Services, which are governed by their own terms and privacy policies. We do not control them and are not responsible for their availability, accuracy, security, changes, fees or acts. Your use of them is at your own risk, and we may stop supporting any of them at any time. Devices and hardware are provided by their manufacturers or sellers under their own warranties, if any.

15. Availability and support

We try to keep the Services available and your data safe, but we make no commitment of availability, uptime, response time or support unless we agree to one in a signed writing. Maintenance, upgrades, outages of Third-Party Services or the internet, and events beyond our control may interrupt the Services.

16. Confidentiality

Each party will protect the other's non-public information that it receives in connection with the Services with reasonable care, and use it only for this agreement. This does not cover information that is public, already known, independently developed or rightfully received from someone else, and either party may disclose information where required by law.

17. Suspension and termination

By you. You may stop using the Services or close your account at any time. Closing does not entitle you to a refund. Export your records first.
By us. We may suspend, limit or terminate your account or access, or withdraw the Services altogether, at any time and for any reason or no reason, with or without notice, at our sole discretion. Where circumstances allow, we will give reasonable notice and a window to export your records; where they do not — including a breach, suspected fraud or unlawful activity, a risk to anyone or to the Services, non-payment, or a demand from a processor, carrier or authority — we may act immediately.
Termination for our convenience. If we end your subscription for convenience rather than for cause, we will refund prepaid subscription fees for the period after termination. That refund is your sole remedy.
Afterwards. Your right to use the Services ends immediately; amounts owed become due; orders and payments already made between you and your End Customers remain yours to honor. We may delete Customer Data 30 days after termination, except records we keep as the Privacy Policy describes or the law requires. We are not liable to you or anyone for any suspension, termination or withdrawal made under these Terms. Sections 4, 6–8, 11–14 and 16–24 survive.

18. Disclaimer of warranties

THE SERVICES, AND EVERYTHING PROVIDED THROUGH THEM, ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DATA WILL NOT BE LOST, THAT CALCULATIONS (INCLUDING TAX, TOTALS, FEES AND REPORTS) ARE CORRECT OR COMPLETE, OR THAT USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR COMPLY WITH ANY LAW THAT APPLIES TO YOU. NO ADVICE OR INFORMATION FROM US CREATES ANY WARRANTY.

19. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) WE WILL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, GOODWILL OR SAVINGS; LOST, SPOILED OR WASTED GOODS; LOSS, CORRUPTION OR UNAVAILABILITY OF DATA; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; TAXES, PENALTIES OR INTEREST; OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE WERE ADVISED OF THEIR POSSIBILITY; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID US IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR US$100. THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND ARE AN ESSENTIAL BASIS OF OUR PRICES. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

20. Indemnity

You will defend, indemnify and hold harmless us, our affiliates, and our and their members, managers, officers, employees, contractors and agents from and against all claims, demands, investigations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: your business and anything you sell or provide, including any illness, injury or allergic reaction; your End Customers and staff; your messages; your taxes; Customer Data; your use of the Services or Third-Party Services; or your breach of these Terms or any law. We may control the defense of any claim at your expense, and you may not settle a claim that affects us without our written consent.

21. Disputes: arbitration and class-action waiver

Talk first. Before starting any proceeding, the claiming party must send a written notice describing the dispute (to us at [email protected]), and both parties will try in good faith to resolve it for 30 days.
Binding arbitration. Any dispute, claim or controversy arising out of or relating to the Services or these Terms, including their formation, scope, validity or enforceability, will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Texas, conducted in English. Judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this section.
Individual claims only. Claims may be brought only in your or our individual capacity, not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding, and the arbitrator may not consolidate claims or award class-wide relief.
Jury waiver. To the extent any dispute proceeds in court, each party waives any right to a trial by jury.
Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual property, confidential information or the security of the Services.
Time limit. Any claim must be brought within one year after it arose, or it is permanently barred, to the extent the law allows.
Law and courts. These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. Any matter not subject to arbitration will be brought exclusively in the state or federal courts located in Texas, and each party consents to their jurisdiction and venue.

22. Changes to these Terms

We may change these Terms at any time by posting the updated version with a new effective date. For material changes we will also give notice by email or in the Services at least 15 days before they take effect, unless a change is needed sooner for legal, security or processor reasons. Continuing to access or use the Services after a change takes effect means you accept it. If you do not accept a change, your remedy is to stop using the Services and close your account.

23. Electronic communications and notices

You consent to receive agreements, notices, disclosures and other communications from us electronically, by email to your account's address or in the Services, and agree that they satisfy any requirement that they be in writing. Notices to us must be sent to [email protected].

24. General

Entire agreement. These Terms, the Privacy Policy and any Order are the entire agreement about the Services and replace any earlier ones. If they conflict, a signed Order prevails, then these Terms. Terms in your purchase orders or other documents do not apply.
Assignment. You may not assign or transfer this agreement without our written consent. We may assign it, including in a merger, acquisition, reorganization or sale of assets.
Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including failures of Third-Party Services, networks, utilities or carriers, disasters, epidemics, labour disputes, government action, or attacks.
Relationship. The parties are independent contractors. Nothing here creates a partnership, joint venture, agency, fiduciary or employment relationship, and there are no third-party beneficiaries.
Publicity. We may identify you as a customer, including by name and logo, unless you ask us not to in writing.
Export and sanctions. You will comply with US export and sanctions laws and represent that you are not a sanctioned person or located in a sanctioned territory.
Severability and waiver. If any provision is unenforceable, it will be enforced to the maximum extent possible and the rest remains in effect. Not enforcing a provision is not a waiver.
Interpretation. Headings are for convenience. “Including” means “including without limitation”.

25. Visitors and End Customers

If you visit our websites or a business's storefront, or order from a business that uses the Services, these Terms apply to your use of the Services. Your purchase is a contract with that business alone, on its terms; we are not a party to it and are not responsible for the goods, their safety, or the business's acts. Sections 4, 10, 13, 18, 19, 21 and 24 apply to you as they do to Customers.

Contact

Four Brooks LLC, operator of Wunshop · Texas, USA · [email protected]