Terms and Conditions

1. How TartUp works

TartUp is a marketplace. Independent bakers and other food businesses ("vendors") list, make and sell their own products through it. People who order through it are "customers". "Users" means both.

• Vendors sell. TartUp doesn't. When you order, your contract for the product is with the vendor. TartUp isn't a party to it, and isn't the seller, maker, preparer, packer, storer or deliverer of any product. TartUp doesn't inspect, test or approve products, kitchens or deliveries, and doesn't promise that any product is safe, legal, of good quality, or as described.
• Vendors are independent. Vendors are independent businesses, not TartUp's employees, agents, partners or joint venturers. They decide what they make, how they make it, and which orders to accept.
• Payments. TartUp takes payment from customers on vendors' behalf, as Section 7 explains, and holds it until each order settles.
• Sales tax. In Texas, TartUp is a "marketplace provider" under Texas Tax Code §151.0242, so it calculates, collects and remits the sales tax on sales made through TartUp. That makes TartUp responsible for that tax. It doesn't make TartUp the seller for any other purpose.
• Texas only, for now. TartUp only takes orders in the states where it collects sales tax, which today means Texas only: a pickup has to be at a vendor's location in Texas, and a delivery has to go to an address in Texas.

2. Your account

• Who can use TartUp. You must be at least 18 years old and able to make a binding contract. If you use TartUp for a business, you confirm that you're authorized to accept these Terms for it, and "you" includes the business.
• Sign in with Apple. You sign in with your Apple Account, and Apple's terms apply to Sign in with Apple. If you stop using your Apple Account with TartUp, you may lose access to your TartUp account.
• Keep it accurate and secure. Give us accurate information and keep it up to date. You're responsible for everything done through your account and on your devices, so keep them secure, and tell us at carlosdelamora@tartup.net straight away if you think someone else has used your account.
• Your account is yours alone. Don't share, sell or transfer it, and don't use anyone else's. We may refuse to open an account, and may suspend or close one, as Section 8 explains.
• How we contact you. You agree that we can send you notices and other messages electronically: in the apps, as push notifications, or by email to the address linked to your account, which may be an Apple private relay address. A notice sent that way counts as written notice.

3. Rules for everyone

TartUp has no tolerance for objectionable content or abusive users. When you use the Services, you must not:

• break any law, or help anyone else break one;
• harass, threaten, bully, stalk, defame, deceive or discriminate against anyone, or send content that is hateful, violent, sexually explicit or otherwise objectionable;
• impersonate anyone, or misrepresent who you are or your connection with anyone;
• share anything you don't have the right to share, including other people's personal information, or anything that infringes anyone's intellectual property, privacy or other rights;
• send spam, advertising, or links to malware, scams or phishing;
• move an order, a payment or a customer relationship that started on TartUp off TartUp to avoid TartUp's fees, or ask anyone else to;
• place, cancel, confirm, report or dispute orders or payments fraudulently or in bad faith;
• interfere with how the Services work or are secured, including by probing or testing them for vulnerabilities, getting around any limit or security measure, or overloading them;
• scrape, crawl or copy data from the Services by automated means, or create accounts that way;
• copy, modify, decompile or reverse-engineer the apps, or build products from them, except where the law allows it despite this rule; or
• sell anything Section 6 doesn't allow.

We may remove content, cancel orders, and suspend or close accounts that break these rules. To report a message, a listing or a user, email carlosdelamora@tartup.net. We look into every report, and remove content, and users, that break these rules.

4. Messages and other content

You can send messages, photos and other attachments in chat, write notes on orders (such as the message on a cake), and add notes and photos to problem reports. Vendors also upload listings, photos, 3D models and business details. All of this is "your content".

• You keep ownership. You keep whatever rights you have in your content.
• What you let us do with it. You give TartUp a worldwide, non-exclusive, royalty-free, transferable license, which it may sublicense to the companies that help run the Services, to host, store, copy, process, adapt (for example, by resizing or reformatting), send and display your content, to provide, protect and improve the Services, to handle problems and disputes, and to comply with the law. The license lasts as long as we keep the content, as the Privacy Policy describes. Vendors also grant the rights in Section 6.8.
• What you promise. You confirm that you have the rights to everything you send or upload, and that sending it doesn't break these Terms or the law.
• We may look at it. We don't have to monitor content, but we may review, keep, remove or disclose any of it, including messages, to run the Services, look into a report or a dispute, keep people safe, enforce these Terms, or comply with the law. Don't use chat for anything that must stay confidential, and never send payment card details in it.
• Feedback. If you send us ideas or suggestions, you give us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license to use them however we like, without paying you or owing you anything.

5. Ordering as a customer

5.1 Placing an order

When you place an order, you're offering to buy the product from the vendor on the terms the app shows you. The vendor can accept or decline it, and has until the deadline shown on your order to accept. Once the deadline passes, the vendor can't accept your order, and TartUp declines it shortly afterwards. The sale is agreed only when the vendor accepts. Preorders for a drop are different: they're accepted as soon as your payment goes through.

Before you order, check the product, the options you picked, its ingredients and allergen information, and your pickup or delivery details. Products are made by hand, so what you receive can look different from its photos or 3D model.

5.2 Prices, fees and tax

Vendors set their own prices. Item prices in the app already include TartUp's service fee. If you choose delivery, TartUp's fee is added to the vendor's delivery charge at checkout, so the delivery line there is higher than the delivery charge shown while you browse. Sales tax is added at checkout too. Checkout shows the total before you pay, and that total is what you're charged. Because the fee and tax are worked out on the whole order, it can differ by a few cents from prices added up while browsing. Amounts are in US dollars. If a price is plainly wrong because of a mistake, we or the vendor may cancel the order and refund you in full.

5.3 Payment

Payments are processed by Stripe. You authorize TartUp and Stripe to charge your payment method for each order you place, and to refund it there. When you pay by card or Apple Pay, we put a hold on your card for the total when you place the order and only charge it once the vendor accepts; if the order is declined instead, the hold is released. Drop preorders are charged when you place them. You must be authorized to use the payment method you choose.

Once TartUp receives your payment for an order, you've paid the vendor for it, whether or not TartUp has passed the payment on to the vendor yet.

5.4 Cancelling an order

Open the order and tap Cancel Order. Before you confirm, the app shows how much you'd get back if you cancelled at that moment. Your refund is worked out when your cancellation goes through, under these rules:

• Drop preorders can be cancelled for a full refund until ordering for the drop closes. After that, they can't be cancelled.
• Any other order can be cancelled until it's handed over:
  • Before the vendor accepts it, cancelling is free: the hold on your card is released, or you're refunded in full.
  • After the vendor accepts it, sales tax and TartUp's service fee are always refunded. So is the delivery charge, unless you cancel less than 2 hours before your delivery window starts.
  • From then until your vendor starts preparing, the price of your items is refunded, except for 20% of the vendor's own price for them, which doesn't include TartUp's service fee. If you cancel in this period, the app tells you when preparation starts.
  • Once your vendor starts preparing, the price of your items isn't refunded. For this purpose, a vendor starts preparing at midnight, in the vendor's time zone, on the day that is your order's advance notice before your pickup or delivery date (for an item that needs 3 days' notice, 3 days before), or 24 hours before your pickup or delivery time if that is earlier.

You agree that the part of the price a vendor keeps when you cancel late is a reasonable estimate of what the cancellation costs them, which can't be worked out in advance, and isn't a penalty. Refunds go back to the payment method you used, and your bank decides how long they take to appear.

5.5 If a vendor declines, runs out of time, or cancels

If the vendor declines your order, TartUp declines it because the deadline passed or because the vendor's shop was suspended or closed before they accepted, or the vendor cancels it after accepting, the order ends, and the hold on your card is released or you're refunded in full, including tax and fees. TartUp may also cancel an order, with a full refund, if we think it's fraudulent, breaks these Terms, or can't be fulfilled. That release or refund is your only remedy against TartUp for an order that is cancelled or that a vendor doesn't accept or fulfil.

5.6 Pickup and delivery

• You choose pickup, or delivery if you're inside the vendor's delivery area, and a time the vendor offers. Pickup is at the vendor's location, which may be their home. Deliveries are made by the vendor, not by TartUp, within the time window shown on your order.
• Be there on time, and give an accurate delivery address with anything the vendor needs to reach you. If you don't collect your order, or aren't there to receive a delivery, at the time you booked, the vendor may mark it as handed over, and you won't be entitled to a refund. If nobody is there to receive a delivery, the vendor may leave it at the address, photographing it where they can, and it counts as delivered.
• Shortly before your pickup or delivery time, your order shows a handoff code. Show it to the vendor only once you have your order. Showing it, or tapping I Received My Order, confirms that you received your order, and after that the app can no longer take a problem report for it.
• Once you have your order, storing and handling it safely is up to you, including keeping anything that needs refrigeration cold.

5.7 Food, allergies and safety

Vendors make every product in their own kitchens. Many are home kitchens selling under Texas cottage food law, which aren't subject to any government licensing or inspection; the product page says so when that applies. TartUp doesn't make, inspect, test, store or handle any food, and doesn't check what vendors tell it about their food.

Ingredient and allergen information comes from the vendor. A product can contain, or have come into contact with, allergens that aren't listed. If you, or anyone you're ordering for, has a food allergy or another dietary need, message the vendor before you order, and don't eat anything you're unsure of. Follow any storage and safe-handling instructions, and eat perishable food promptly. It's up to you to decide whether a product is suitable for everyone who will eat it.

5.8 Problems with an order

If something is wrong with an order, open it and tap Report a Problem. The option appears once the vendor says they've handed the order over, or a little after your pickup or delivery time, and lasts until the order closes. Tell us what went wrong and add photos if you can. We hold the vendor's payment while we look into it, and may ask you and the vendor for more information. We then decide, in our sole discretion, whether you get a refund in full, in part, or not at all. A problem has to be reported in the app before the order closes; after that, we don't have to consider it.

5.9 Payment disputes

If there's a problem with a charge, please use Report a Problem or email us before you dispute it with your bank, since that's usually the quickest way to fix it. If you dispute a charge, we'll give the payment processor the details of the order, and we may suspend your account while the dispute is open, or close it if the dispute was made in bad faith.

5.10 Your custom requests

If you ask a vendor to put words, pictures or a design on a product, you confirm that you have the right to use them and that they don't break these Terms. Vendors may turn down any request.

6. Selling as a vendor

6.1 Joining and approval

To sell, you need a TartUp Vendor account, a shop TartUp has approved, and a Stripe account for payouts. Go live in Profile lists what's left to do. TartUp reviews every shop before it goes live, and may approve, reject, suspend or remove any shop in its sole discretion. You confirm that everything you tell TartUp about yourself and your business, including your kitchen, permits and registration numbers, is true, complete and current, and you'll keep it that way.

6.2 What you may sell

Only bakery items and confectionery that you make and are legally allowed to sell from your kitchen. You may not sell, or offer as a paid option:

• anything that isn't food, such as utensils, candles, decorations, cake toppers, decorative boxes or ribbon;
• rentals, such as a cake stand to be returned after an event;
• anything sold hot, or meant for the customer to bake or heat (take-and-bake);
• eating utensils in the packaging: trays to eat from, plates, knives, forks, spoons, glasses, cups, chopsticks or straws. Napkins, and packaging needed to carry the order, such as a cake board, box or pastry tray, are fine;
• anything containing cannabis, THC, CBD or other hemp-derived cannabinoids, or any drug, or sold with a health or medical claim; or
• anything illegal, recalled, unsafe, adulterated or mislabeled, or that your kitchen isn't permitted to make, such as a food Texas cottage food law doesn't allow from a home kitchen.

6.3 Your listings

• Listings must be accurate and complete: what the product is, its options and prices, its ingredients, every major allergen in it or that may get into it, its advance notice, and when it's available.
• Photos and 3D models must show the product you actually sell, including photos you enhance with TartUp's tools.
• Choose each product's category accurately. TartUp works out the sales tax on a product from the category you choose, so a wrong category is your responsibility (Texas Tax Code §151.0242(f)).
• Honor the prices and options you listed on every order you accept.
• TartUp may change how listings are displayed, add the labels and notices the law requires, unpublish a product that's missing required information, and remove any listing.

6.4 Food safety, licenses and labels

You alone are responsible for the food you make and sell, and for following every law that applies to it and to your business, including, where they apply:

• Texas cottage food law (Texas Health and Safety Code chapter 437) if you make food in a home kitchen: which foods you may sell, the training and any registration it requires, its sales limits, and the labels and statements it requires, including for sales online;
• the permits, licenses and inspections a kitchen that isn't a home kitchen needs, such as a local health department's food establishment permit, and the Texas Food Establishment Rules;
• allergen disclosure, food labeling, safe handling, storage and transport, and recalls; and
• business registration, insurance, employment and tax laws.

TartUp shows customers the kitchen type, labels and allergen information you give it, with the statements the law requires. It relies on what you tell it, may check it but doesn't have to, and isn't responsible for it. We strongly recommend that you carry product liability insurance. If a product you sold may be unsafe, stop selling it and tell us and the customers who bought it straight away.

6.5 Accepting and fulfilling orders

• Accept or decline each new order before the deadline it shows. Once the deadline passes, you can't accept the order, and TartUp declines it shortly afterwards, so the customer doesn't pay for it.
• When you accept an order, you agree to make it as ordered and hand it over at the time and place booked. Drop preorders count as accepted once they're paid.
• For pickup, be at your location at the booked time. Deliveries are made by you or people you choose, within the delivery window, and you're responsible for them, for your vehicles and insurance, and for obeying traffic laws. TartUp doesn't provide drivers.
• At handoff, tap Confirm Handoff and scan the customer's code or enter it. If you can't get their code, you may complete the order Without Code, with a photo for a delivery, but it then settles later (Section 7.4), and it's weaker evidence if the customer reports a problem.
• Answer customers' messages about their orders. If a customer reports a problem, tap Add Your Side to tell us what happened. You don't have to, but we decide the report either way.

6.6 Cancelling an order you've accepted

If you can't fulfil an order you accepted, cancel it from the order screen as soon as you know. The customer is refunded in full, including tax and fees. You aren't charged for that today, but we may suspend or remove shops that cancel often, and we may start charging for cancellations after giving you notice under Section 20.

6.7 Customers' information

You'll see customers' names, their orders and, for deliveries, their addresses. Use them only to make, deliver and support their orders, keep them secure, and don't use them for marketing, or share or sell them, unless the customer separately agrees. You must follow the privacy laws that apply to you. Your shop's locations are shown to customers so they can find you and pick up orders, so if you bake at home, customers will see your home address.

6.8 Your listings and brand

Your listings, photos, 3D models, descriptions, business name and logo are your content under Section 4. You also give TartUp a worldwide, non-exclusive, royalty-free license to use, copy, adapt, publish and display them, including your business name and logo, to show and promote your shop and products and to market TartUp, in the apps, on this website, in social media, advertising and app store listings, and in any other medium. This license lasts while you sell on TartUp and, for marketing materials already made, afterwards. You confirm that you own, or have permission to use, everything you upload, including the image of anyone shown in it.

6.9 Taking a break

You can pause your shop at any time: open Availability in Profile and tap Pause shop. While it's paused, your shop doesn't show up when customers browse and nobody can order from it, and anyone who opens its page sees you're taking a break. You must still fulfil the orders you've already accepted.

7. Fees, payments and payouts for vendors

7.1 TartUp's fee

You set the price you want to receive for each product and option, and any delivery charge. TartUp's service fee is added on top and paid by the customer, so it isn't taken out of your price. The fee is currently 10% of what you receive for the order (your prices plus any delivery charge), plus $0.50 per order. When you set a price, the app shows what you'll receive and what the customer pays. TartUp pays the payment processing fee on orders you fulfil and orders you cancel. If a customer cancels after you've accepted, you receive the part of the price they don't get back, less the payment processing fee and TartUp's fee on it.

We may change the fee by giving you at least 30 days' notice. A change never applies to an order placed before it takes effect.

7.2 Stripe

Payment processing services for vendors on TartUp 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 vendor on TartUp, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of TartUp enabling payment processing services through Stripe, you agree to provide TartUp accurate and complete information about you and your business, and you authorize TartUp to share it and transaction information related to your use of the payment processing services provided by Stripe.

You set up your Stripe account in Banking, where Stripe collects your details and you accept the Stripe Connected Account Agreement. Stripe processes your information as the Stripe Privacy Policy explains. TartUp isn't responsible for Stripe's services, including its checks, holds and payout timing.

7.3 TartUp collects payments for you

You appoint TartUp as your limited agent, only to receive customers' payments for your orders, hold them, refund them under these Terms, and pass on what you're owed. A customer's payment to TartUp settles their debt to you for that order, even if TartUp hasn't paid you yet. TartUp only pays you what it receives for your orders. Money TartUp holds for you earns no interest, isn't a deposit, and may be held in TartUp's Stripe account together with other funds until it's paid out.

7.4 When you're paid

TartUp holds each order's payment until the order settles, then transfers what you're owed to your Stripe account. Stripe pays it out to your bank on its schedule.

• An order settles as soon as the customer confirms they received it, or you scan or enter their handoff code.
• An order you complete without the customer's code settles 48 hours after the end of its pickup or delivery window, unless the customer reports a problem first.
• An order nobody marks as handed over doesn't settle until TartUp has reviewed it.
• An order a customer cancels after you've accepted it settles when they cancel.

For an order you fulfil, you're owed your price plus any delivery charge. If TartUp refunds part of an order after a problem report, the refund comes out of your share, TartUp's fee and the sales tax in proportion to each, and you're paid your share of what's left. For an order a customer cancels after you've accepted it, you're owed what Section 7.1 says.

7.5 Holds, deductions and repayment

TartUp may hold, delay or withhold all or part of a payout:

• while a customer's problem report about the order is open, and afterwards pay you only your share of what isn't refunded;
• if a payment is disputed or reversed, or we suspect fraud, a breach of these Terms, or a risk to customers or TartUp; or
• if the law, a court, a government agency or Stripe requires it.

If you're paid more than you're owed, or money paid to you for an order is later refunded, reversed or lost in a payment dispute, TartUp may recover it from your future payouts or by reversing its transfer to your Stripe account, and you must repay anything it can't recover that way.

7.6 Taxes

TartUp calculates, collects and remits Texas sales and use tax on your sales through TartUp as the marketplace provider, as the certification in Sales tax in Profile explains, so don't add tax to your prices. Every other tax and registration your business needs is yours, including income and self-employment taxes. TartUp or Stripe may ask for your tax information, and may report your payouts to tax authorities, for example on Form 1099-K.

8. Pausing, suspending and closing accounts

• Closing your account. You can stop using the Services at any time. To delete your account, tap Delete Account on the More screen in TartUp, or the FAQ screen in TartUp Vendor. You can't delete it while anything is still in progress, such as an order, a problem report, a refund, an open drop, or money we owe you; the app tells you what's left. The Privacy Policy explains what we keep after an account is deleted, and why.
• What TartUp may do. We may suspend, limit or close any account or shop, remove any content, or stop offering any part of the Services, at any time, with or without notice, for any reason, including if we believe you've broken these Terms or the law, or to protect users or TartUp. A suspended shop's products are hidden, and customers can't place new orders with it. It can't accept the orders still waiting on it either: TartUp declines those, and their customers don't pay for them. The orders it had already accepted aren't cancelled automatically: its vendor can still fulfil them, and TartUp decides what happens to any that aren't fulfilled.
• What continues. When an account closes, your right to use the Services ends, but anything owed under these Terms, and Sections 4 and 6.8 (for content already shared), 7.5, 7.6, 8, and 14 to 22, continue to apply.

9. Tools that use AI

TartUp Vendor has tools that use artificial intelligence, provided by OpenAI:

• Tag suggestions. As you write a listing, we send its text and photo to suggest tags for it, which you can keep or remove. TartUp may also add suggested tags to published listings that have none.
• Tart Up This Photo makes an enhanced version of a photo you choose. When it's ready, it replaces the original on your product, unless you've changed the product's photo since.

AI results can be wrong or misleading, so check the tags and photos on your listings and change any that are wrong. You're responsible for your listings, including tags and photos the AI produced, and an enhanced photo must still show the product you sell accurately. You agree that we send your listings' text and photos to our provider for these tools.

10. Other companies' services

The Services rely on other companies, including Apple (sign-in, notifications, Apple Pay and maps), Stripe (payments and payouts) and Stream (chat), and the others listed in the Privacy Policy. Their own terms may apply to you, and you must follow any third-party terms that apply when you use the Services, such as your wireless carrier's. TartUp isn't responsible for other companies' services, websites or content.

11. TartUp's apps and intellectual property

The Services, including the apps, this website, their software, design and text, and the TartUp name and logo, belong to TartUp and its licensors and are protected by law. As long as you follow these Terms, TartUp gives you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the apps on Apple-branded devices that you own or control, as the Usage Rules in the Apple Media Services Terms and Conditions allow, including by other accounts linked to yours through Family Sharing. Everything else is reserved. Don't use TartUp's name or logo without our written permission, except that vendors may say that they sell on TartUp.

12. Copyright complaints

If you believe something on TartUp infringes your copyright, email carlosdelamora@tartup.net with:

• your physical or electronic signature;
• the copyrighted work you believe is infringed;
• the material you believe infringes it, and enough detail for us to find it, such as the shop and product name;
• your name, address, phone number and email address;
• a statement that you believe in good faith that the use isn't authorized by the copyright owner, its agent or the law; and
• a statement that the information in your notice is accurate and, under penalty of perjury, that you are the owner or are authorized to act for the owner.

We remove infringing material when appropriate, and close the accounts of users who infringe repeatedly.

13. Support and order problems

For anything about an order, start in the app: message the vendor from the order, and tap Report a Problem if something went wrong. For anything else, including help with your account, a complaint, or a dispute with TartUp, email carlosdelamora@tartup.net. Section 17 explains how formal disputes with TartUp are resolved.

14. Disclaimers

15. Limitation of liability

16. Release and indemnity

We may take over the defense of any claim you indemnify us for, and you'll cooperate with us. You may not settle a claim that involves TartUp without our written consent.

17. Disputes and arbitration

17.1 Talk to us first

Most problems can be fixed quickly. Before starting an arbitration or a court case, the side starting it must send the other a written notice of the dispute: TartUp to the email address linked to your account, and you to carlosdelamora@tartup.net. The notice must give your name and the email address linked to your account, describe the dispute, and say what you want. We'll both try in good faith to resolve it within 60 days of the notice, and any time limit for the claim is paused during those 60 days. If it isn't resolved by then, either side may start an arbitration.

17.2 Arbitration instead of court

Except as Section 17.4 says, any dispute, claim or controversy between you and TartUp arising out of or relating to these Terms, the Services, any order, or our relationship, whatever the legal theory and whether it arose before or after you agreed to these Terms (a "Dispute"), will be resolved by final and binding arbitration before a single arbitrator, and not in court. The arbitrator decides any question about whether a Dispute must be arbitrated and about the scope, validity and enforceability of this Section 17, except as Section 17.5 says. The Federal Arbitration Act (9 U.S.C. §1 and following) governs this agreement to arbitrate, which is part of a transaction involving interstate commerce.

17.3 How arbitration works

The American Arbitration Association ("AAA") administers the arbitration under its Consumer Arbitration Rules if you use the Services as a customer for personal, family or household purposes, and under its Commercial Arbitration Rules otherwise, together with its Mass Arbitration Supplementary Rules when they apply, all as modified by this Section 17. The rules are at adr.org. Filing, administrative and arbitrator fees are paid as the AAA's rules and fee schedules provide, which limit what a consumer pays. The arbitration is held by videoconference or on written submissions, unless the arbitrator decides that a hearing in person is needed, in which case it's held in Travis County, Texas, unless the rules require somewhere else. The arbitrator must follow these Terms, and may award any relief a court could award to an individual, but only in favor of the individual party asking for it and only as far as that party's individual claim needs. Judgment on the award may be entered in any court with jurisdiction.

17.4 What doesn't have to be arbitrated

Either side may bring an individual claim in a small claims court, such as a Texas justice court, if it qualifies there, for as long as it stays an individual claim. Either side may also ask a court to stop the infringement or misuse of intellectual property, or unauthorized access to the Services. Nothing in these Terms stops you from reporting anything to a government agency.

17.5 No class actions, and no jury

A court, not an arbitrator, decides any dispute about this Section 17.5. If a court decides that it can't be enforced for a particular claim or remedy, that claim or remedy, and only it, is separated from the arbitration and decided in court after the individual arbitration of everything else, and the jury waiver still applies to it as far as the law allows.

17.6 Time limit for claims

To the extent the law allows, a Dispute must be started within two years after the claim accrues, or it's permanently barred.

17.7 Opting out

You can opt out of this agreement to arbitrate within 30 days after you first agree to these Terms, by emailing carlosdelamora@tartup.net from the email address linked to your account, with your name and a clear statement that you're opting out of arbitration. Opting out doesn't affect the rest of these Terms.

17.8 Changes to this Section

TartUp will give at least 30 days' notice before a change to this Section 17 takes effect. A change never applies to a Dispute that arose before it takes effect, or that TartUp already knew about when it was made; those are resolved under the version of this Section 17 that applied before. This Section 17 continues to apply after your account closes.

18. Governing law and courts

These Terms and every Dispute are governed by the laws of the State of Texas, without regard to its conflict of laws rules, and by the Federal Arbitration Act for Section 17. Any Dispute that isn't arbitrated, and any action to confirm, vacate or enforce an arbitration award, must be brought only in the state courts in Travis County, Texas, or the United States District Court for the Western District of Texas, Austin Division, except for the small claims cases Section 17.4 allows. You and TartUp each agree to the jurisdiction of, and venue in, those courts.

19. Apple

These Terms are between you and TartUp only, not with Apple. For the apps you get from Apple's App Store:

• TartUp, not Apple, is solely responsible for the apps and their content.
• Apple has no obligation at all to provide maintenance or support for the apps.
• If an app fails to conform to a warranty that applies to it, you may notify Apple, and Apple will refund the purchase price of the app, if any, to you. To the maximum extent the law allows, Apple has no other warranty obligation for the apps, and any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are TartUp's sole responsibility, to the extent they haven't been disclaimed under these Terms.
• TartUp, not Apple, is responsible for addressing any claim by you or a third party relating to the apps or your possession or use of them, including product liability claims, claims that an app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If a third party claims that an app, or your possession and use of it, infringes their intellectual property rights, TartUp, not Apple, is solely responsible for investigating, defending, settling and discharging the claim.
• You confirm that you aren't located in a country that is subject to a U.S. Government embargo, or that the U.S. Government has designated as a "terrorist supporting" country, and that you aren't on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

Questions, complaints and claims about the apps go to TartUp, at the address in Section 22.

20. Changes to these Terms

We may change these Terms. When we do, we'll post the new version on this page and update the date at the top. If a change is material, we'll tell you in the apps or by email at least 30 days before it takes effect, unless the change is required by law or to keep people safe, in which case it may take effect sooner. If you keep using the Services after a change takes effect, you accept it. If you don't agree to it, stop using the Services and delete your account. A change never applies to an order placed before it takes effect, and changes to Section 17 are limited as Section 17.8 says.

21. General terms

• The whole agreement. These Terms, together with anything you accept in the apps (such as the sales tax certification), are the whole agreement between you and TartUp about the Services, and replace any earlier agreement about them.
• If part doesn't hold. If any part of these Terms is found unenforceable, it's enforced as far as possible and the rest stays in effect, except as Section 17.5 says.
• No waiver. If we don't enforce part of these Terms, we haven't waived it.
• Transfers. You may not transfer these Terms or your account without our written consent. TartUp may transfer them, including in a merger, acquisition or sale of its business or assets.
• Things outside our control. TartUp isn't liable for any delay or failure caused by something beyond its reasonable control, such as severe weather, natural disasters, power or internet outages, failures of service providers, epidemics, labor disputes or government action.
• Electronic signatures. Tapping Sign in with Apple, or any button in the apps that accepts something, is your electronic signature, with the same effect as signing on paper.
• Our relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency between you and TartUp, except TartUp's limited role as a vendor's payment collection agent in Section 7.3.
• Who else these Terms protect. No one else has rights under these Terms, except Apple under Section 19, and the people Sections 15 and 16 protect.
• Reading these Terms. Headings are only for convenience, and "including" means "including without limitation". If these Terms are translated, the English version is the one that applies.

22. Contact

EigenSpace Developers, LLC
carlosdelamora@tartup.net