Terms of Service

Welcome to MilkShelf

MilkShelf ("we," "us," "our") provides an online subscription management platform that connects farms with their customers for the purpose of managing recurring milk and dairy pickup subscriptions (the "Service").

MilkShelf is a neutral technology facilitator only. MilkShelf does not produce, sell, inspect, sample, test, handle, transport, or deliver any milk or dairy products. All transactions for milk and dairy products occur directly between the Farmer (Seller) and the Customer (Buyer). MilkShelf is not a party to any sale or supply contract and assumes no responsibility for the quality, safety, legality, delivery, fitness for consumption, or any other aspect of any product exchanged between farmers and customers through the platform.

MilkShelf's role is limited to providing subscription management software. Any fee collected by MilkShelf from customer transactions is a software service fee for providing the payment processing infrastructure — it is not a commission, markup, or participation in any product sale. MilkShelf does not set product prices, control product quality, or otherwise participate in the commercial relationship between farmers and customers.

This model mirrors other neutral platforms. Just as Etsy is not responsible for items sold by its sellers, or Airbnb is not responsible for the condition of a host's property, MilkShelf is not responsible for the products, conduct, or regulatory compliance of any farm using the Service.

1. Who Uses MilkShelf

Farmers are farm owners or operators who subscribe to MilkShelf to manage customer subscriptions, labels, and communications. Farmers pay a monthly fee for access to the software platform and are solely and exclusively responsible for the products they sell and all applicable regulatory compliance.

Customers are individuals who use a farm's MilkShelf-powered portal to sign up for or manage a milk pickup subscription directly with that farm. Customers do not pay MilkShelf for the platform and enter into a direct and exclusive relationship with the farmer — not with MilkShelf. MilkShelf is not a party to that relationship.

3. Farmer Accounts & Regulatory Compliance

By activating and using a MilkShelf farmer account, you represent, warrant, and covenant — on an ongoing basis for as long as your account is active — that:

• You are legally authorized to operate a farm and sell milk and/or dairy products directly to consumers in every jurisdiction where you conduct sales.
• You hold all required licenses, permits, and certifications required by your state, county, and local authorities for the production and direct sale of raw milk or dairy products, and that all such licenses are current and in good standing.
• All sales conducted through your MilkShelf portal comply with applicable local, state, and federal laws, including regulations governing raw milk sales, on-farm pickup requirements, labeling, testing, and interstate commerce restrictions.
• You maintain commercial general liability insurance — including product liability coverage — with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, and you have named or will name MilkShelf LLC as an additional insured on that policy.
• You will provide MilkShelf with a current certificate of insurance naming MilkShelf LLC as an additional insured within 5 business days of any written request.
• You will notify MilkShelf immediately — within 48 hours — if you become subject to any regulatory investigation, license suspension or revocation, product recall, enforcement action, lawsuit, or public health complaint related to your products or farm operations.
• You will notify MilkShelf immediately if any of the above representations become untrue for any reason.

MilkShelf reserves the right — but has no obligation — to request and review documentation verifying your compliance with the above requirements at any time. MilkShelf's review or non-review of any document does not constitute a guarantee, endorsement, or certification of your compliance status. Regulatory compliance is and remains solely your responsibility.

Failure to provide requested documentation within the required time period, or any material misrepresentation of your compliance status, is grounds for immediate account suspension or termination without notice or refund.

You are responsible for maintaining the security of your dashboard access credentials. Do not share your dashboard link or token publicly or with unauthorized persons.

4. Customer Acknowledgment

Customers who sign up through a farm's MilkShelf portal acknowledge and agree that:

• They are entering into a direct agreement with the farm, not with MilkShelf. MilkShelf is not a party to that agreement.
• Raw milk and unpasteurized dairy products carry serious health risks as described in Section 2. Consumption is entirely at the customer's own risk.
• They are responsible for verifying the legality of purchasing raw milk in their jurisdiction before subscribing.
• MilkShelf has no responsibility whatsoever for the quality, safety, legality, availability, condition, handling, storage, or delivery of any products provided by the farm.
• MilkShelf does not inspect, test, certify, endorse, or guarantee any farm or any farm's products. The presence of a farm on the MilkShelf platform is not a representation that the farm meets any particular standard of safety, quality, or regulatory compliance.
• Any dispute regarding products, pickup schedules, billing with the farm, refunds, or any other matter related to the farm relationship must be resolved directly with the farm.
• MilkShelf's platform fee, if charged, is a software service fee only and does not reflect any participation by MilkShelf in the sale of any food product.

5. Subscription & Payment (Farmers)

MilkShelf offers a one-month free trial upon signup — no credit card required. After the trial period, the monthly subscription fee is $39 per month, due at the start of each billing cycle. We reserve the right to change pricing with 30 days' advance notice.

If payment fails or is not received, MilkShelf may suspend access to your dashboard and customer portal until payment is resolved. Your data will be retained for 90 days after suspension, after which it may be permanently deleted.

Optional Payment Processing. Farmers may optionally connect a bank account through Stripe Connect to collect jar payments directly from customers via MilkShelf. This feature is not required. When enabled, MilkShelf charges a platform fee of 1.5% per customer transaction as a software service fee for providing payment processing infrastructure. This fee is passed to the customer at checkout — farmers always receive their full jar price. This fee is a charge for software services only and does not constitute MilkShelf's participation in or endorsement of any product sale. Payment processing is provided by Stripe, Inc. and subject to the Stripe Connected Account Agreement. MilkShelf does not hold, store, or have access to customer payment card information. All disputes arising from customer payment transactions are subject to Stripe's dispute resolution process. Farmers are solely responsible for any taxes, reporting obligations, or regulatory requirements arising from payments received through the platform.

Customer Payment Fees. When a farm has enabled card payments, customers paying by card will be charged the farm's jar price plus applicable processing fees — including MilkShelf's platform service fee and Stripe's payment processing fee. The exact total, including all fees, will be displayed at checkout before any payment is confirmed. Customers are not required to pay by card; cash payment arrangements remain between the customer and the farm directly.

6. Customer Data & Responsibilities

Farmers are responsible for all customer data collected through their MilkShelf portal, including names, email addresses, phone numbers, and subscription preferences. Farmers agree not to misuse customer data or share it with third parties for any purpose unrelated to their farm operations.

MilkShelf processes customer data on behalf of farmers solely to provide the Service (e.g., sending emails, generating labels, processing payments). See our Privacy Policy for full details.

7. Compliance Monitoring & Concern Reporting

Document Verification. MilkShelf may, at its sole discretion, request and review documentation from farmers including state dairy licenses, certificates of insurance, and product testing results. Any review of documentation by MilkShelf is for MilkShelf's internal platform integrity purposes only. It does not constitute a certification, audit, endorsement, or warranty of any farmer's compliance status, product safety, or regulatory standing. MilkShelf has no obligation to request, review, or act upon any documentation and assumes no duty of ongoing monitoring.

Reporting a Concern. If you believe a farm using MilkShelf is operating in violation of law, making false representations, or poses a public safety risk, you may report your concern to MilkShelf at Contact@MilkShelf.com with the subject line "Safety Concern." MilkShelf will review reported concerns in good faith and may, in its sole discretion, investigate, contact the farmer, suspend access, or take no action. Submission of a concern report does not create any obligation on MilkShelf to investigate or act, and MilkShelf's response or non-response to any concern report shall not be construed as an assumption of duty or liability with respect to any farm or product.

No Regulatory Role. MilkShelf is a software company. MilkShelf does not act as a food safety inspector, public health authority, or regulatory body. MilkShelf's compliance monitoring activities, if any, are entirely voluntary and do not substitute for oversight by state or local agricultural or public health authorities.

9. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation.
• Send spam or unsolicited communications unrelated to your farm business.
• Attempt to access another farm's data or dashboard.
• Reverse engineer, copy, or redistribute any part of the Service.
• Misrepresent your farm's licensing status, product safety, insurance coverage, or regulatory compliance.
• Facilitate illegal interstate sales or deliveries of raw milk or dairy products.
• Use the Service for any purpose other than managing farm subscriptions as contemplated by these Terms.

10. Service Availability

We strive to keep MilkShelf available and reliable, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We are not liable for any losses resulting from service downtime.

12. Intellectual Property

MilkShelf and its original content, features, and functionality are owned by MilkShelf LLC and protected by copyright and other intellectual property laws. Your farm name, logo, and content remain yours. You grant MilkShelf a limited, non-exclusive license to display your farm name and logo solely for the purpose of providing the Service.

13. Termination

You may cancel your MilkShelf subscription at any time by contacting us. We may terminate or suspend your access immediately, without prior notice or liability, if you violate these Terms, fail to pay your subscription fee, fail to provide requested compliance documentation, or if we determine in our sole discretion that your continued use poses a legal, regulatory, or reputational risk to MilkShelf.

Upon termination, your customer portal will be deactivated. You may request an export of your customer data within 30 days of termination. After 30 days, data may be permanently deleted.

14. Dispute Resolution & Arbitration

Informal Resolution. Before filing any formal dispute, you agree to contact MilkShelf at Contact@MilkShelf.com and attempt to resolve the issue informally. We will make a good-faith effort to respond within 30 days of receiving a written description of your dispute, including the nature of the claim and the relief you seek.

Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service — including disputes about the existence, scope, or validity of this arbitration agreement — shall be resolved by binding individual arbitration administered by a nationally recognized arbitration organization (such as the American Arbitration Association or JAMS) in the State of Illinois. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You waive any right to a jury trial.

Class Action Waiver. You agree that all disputes will be resolved on an individual basis only. You waive any right to bring or participate in any class action lawsuit, class arbitration, mass arbitration, or representative proceeding against MilkShelf. This waiver applies to all claims regardless of their nature, and shall be enforced to the fullest extent permitted by law. If this waiver is found unenforceable with respect to a particular claim, that claim shall be severed and litigated in court while all remaining claims proceed in arbitration.

Arbitration Costs. Each party shall bear its own attorneys' fees and costs. The fees and costs of the arbitrator shall be split equally between the parties, unless the arbitrator determines that one party should bear a greater share due to frivolous or bad-faith conduct. MilkShelf will advance arbitration filing fees if you demonstrate a documented inability to pay, subject to recovery by the arbitrator if MilkShelf prevails. The arbitrator may not award punitive damages except to the extent expressly required by applicable statute.

Exceptions. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction solely to prevent irreparable harm while arbitration is pending. Nothing in this Section prevents MilkShelf from seeking immediate injunctive relief to prevent unauthorized use of the Service or misappropriation of intellectual property.

Your Right to Opt Out. You may opt out of the binding arbitration and class action waiver provisions of this Section 14 by sending written notice to MilkShelf LLC, Attention: Legal, at Contact@MilkShelf.com within thirty (30) days of first agreeing to these Terms. Your opt-out notice must include your full name, email address, and an unequivocal statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in court under Section 15. Opting out of arbitration does not affect any other provision of these Terms. You should retain a copy of your opt-out notice.

Time Limit to Bring Claims. ANY LEGAL ACTION OR ARBITRATION PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR WITHIN THE APPLICABLE STATUTORY LIMITATION PERIOD IF THAT PERIOD IS SHORTER THAN ONE (1) YEAR. ANY CLAIM RELATING TO PERSONAL INJURY MUST BE BROUGHT WITHIN THE LESSER OF ONE (1) YEAR OR THE APPLICABLE STATUTORY PERIOD. ANY CLAIM NOT FILED WITHIN THE APPLICABLE PERIOD IS PERMANENTLY BARRED. Some states do not permit contractual limitation periods shorter than their statutory limitation period; in those states, the applicable statutory period shall apply to the extent required by law, and this provision shall be enforced to the maximum extent permitted.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in Sangamon County, Illinois, and you consent to personal jurisdiction in those courts.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email at least 30 days before the changes take effect. Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to revised Terms, you must discontinue use of the Service before the changes take effect.

17. Communications Consent

By using the Service and providing your email address or phone number, you expressly consent to receive communications from MilkShelf related to your account, including transactional emails, billing notices, service updates, and security alerts. If you are a farmer, you also consent to receive onboarding guidance, compliance reminders, platform update notices, and occasional marketing communications about MilkShelf features.

You may opt out of marketing communications at any time by clicking "unsubscribe" in any marketing email. You cannot opt out of transactional and account-related communications while your account remains active, as these are necessary to provide the Service.

You represent that you are the owner or primary user of any email address or phone number you provide. You agree to notify us immediately if your contact information changes. MilkShelf is not responsible for any fees assessed by your telephone or internet provider in connection with communications we send.

18. Force Majeure

MilkShelf will not be liable to you for any failure or delay in performing our obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to: acts of God, fire, flood, earthquake, hurricane, or other natural disaster; epidemic, pandemic, or public health emergency; war, invasion, terrorism, civil unrest, or government action; labor disputes, strikes, or supply chain disruptions; power outages, telecommunications failures, or internet infrastructure failures; or actions of third-party service providers (including Stripe, Supabase, Netlify, or Resend) that are outside our control.

In such circumstances, our obligations will be suspended for the duration of the event. We will use reasonable efforts to notify you of any such event and to resume normal service as soon as practicable. This Section does not affect your obligation to pay any fees owed.

19. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms to any other person or entity without MilkShelf's prior written consent. Any purported assignment in violation of this Section is null and void.

MilkShelf may assign these Terms and all rights and obligations hereunder — in whole or in part — without notice to you in connection with a merger, acquisition, sale of substantially all of our assets, corporate reorganization, or operation of law. Any successor or assignee of MilkShelf will be bound by these Terms.

20. General Provisions

Entire Agreement. These Terms, together with the MilkShelf Privacy Policy and (if applicable) the Farmer Seller Agreement, constitute the entire agreement between you and MilkShelf regarding your use of the Service and supersede all prior or contemporaneous agreements, representations, or understandings, whether written or oral, relating to the same subject matter.

No Waiver. MilkShelf's failure to enforce any right or provision of these Terms on any occasion does not constitute a waiver of that right or provision. No waiver will be effective unless made in writing and signed by an authorized representative of MilkShelf.

Severability. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed from these Terms — and in either case the remaining provisions will continue in full force and effect. The invalidity of any single provision shall not affect the enforceability of any other provision.

Survival. The following Sections survive the termination or expiration of your use of the Service for any reason: Section 2 (Health & Legal Risk Acknowledgment), Section 7 (Compliance Monitoring), Section 8 (Indemnification), Section 11 (Disclaimer of Warranties & Limitation of Liability), Section 12 (Intellectual Property), Section 14 (Dispute Resolution & Arbitration), Section 15 (Governing Law), Section 18 (Force Majeure), Section 19 (Assignment), and this Section 20 (General Provisions).

No Third-Party Beneficiaries. These Terms are for the benefit of MilkShelf and its direct users only. Nothing in these Terms is intended to confer any right or remedy on any third party.

Mutual Limitation. The limitation of liability provisions in Section 11 apply equally to all claims by either party arising out of or related to the Service, whether in contract, tort, statute, or otherwise, to the extent permitted by applicable law.

Headings. Section headings are for convenience only and have no legal effect.

Construction. These Terms shall not be construed more strictly against MilkShelf as the drafter. Both parties have had the opportunity to review and negotiate these Terms.