Terms of Service
Last Updated: August 16, 2026
These Terms of Service ("Terms") govern your access to and use of the Lopperly platform — including our website, marketplace, and learning resources (collectively, the "Platform") — operated by Lopperly LLC, a California limited liability company ("Lopperly," "we," "our," or "us").
By creating an account or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Platform.
1. Eligibility
You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you are 18 or older and have the legal capacity to enter into a binding agreement. If you are using the Platform on behalf of a business, you represent that you have authority to bind that business to these Terms.
2. Accounts
You must create an account to access most features of the Platform. You agree to:
- Provide accurate, current, and complete information during registration
- Keep your account credentials confidential
- Notify us immediately if you suspect unauthorized access to your account
- Be responsible for all activity that occurs under your account
We reserve the right to suspend or terminate accounts that violate these Terms, impersonate others, or engage in fraudulent activity.
3. The Marketplace
3.1 Peer-to-Peer Transactions
Lopperly provides a platform for users to buy, sell, and trade produce, food, and related goods ("Items"). Lopperly is not a party to any transaction between buyers and sellers. We do not own, inspect, verify, or take title to any Items listed on the Platform.
3.2 Seller Responsibilities
As a seller, you agree to:
- List only Items you have the legal right to sell
- Accurately describe Items, including condition, quantity, origin, and any relevant allergen or ingredient information
- Comply with all applicable federal, state, and local laws governing the sale of food and agricultural products, including cottage food laws, food handler requirements, and labeling regulations
- Fulfill orders promptly and communicate with buyers in good faith
- Honor stated prices and descriptions
3.3 Buyer Responsibilities
As a buyer, you agree to:
- Pay for Items you commit to purchase
- Inspect Items at pickup or delivery and communicate any issues promptly
- Comply with applicable laws regarding the receipt and resale of food products
3.4 Prohibited Items
You may not list or sell:
- Alcohol, tobacco, or controlled substances
- Items prohibited by federal, state, or local law
- Counterfeit, stolen, or fraudulently obtained goods
- Items that infringe intellectual property rights
- Anything not related to food, produce, or food-adjacent goods (e.g., equipment, seeds, preserving supplies) without prior approval
We may remove listings and suspend accounts for violations without notice.
4. Food Safety Disclaimer
Lopperly is a technology platform, not a food producer, distributor, or regulator. We do not inspect, test, certify, or guarantee the safety, quality, labeling accuracy, or regulatory compliance of any Item listed on the Platform.
All food transactions are at the buyer's and seller's own risk. By using the marketplace:
- Sellers are solely responsible for ensuring their products comply with applicable food safety laws, including but not limited to state cottage food laws, FDA regulations, and local health ordinances.
- Buyers are responsible for independently assessing the safety and suitability of Items before consuming or reselling them.
Lopperly expressly disclaims all liability for illness, injury, property damage, or other harm arising from the sale, purchase, preparation, or consumption of Items listed on the Platform.
5. Payments, Fees, and Taxes
5.1 Platform Fee
Lopperly charges sellers a platform fee, calculated as a percentage of the sale, on each completed transaction. The fee is deducted from the seller's payout before funds are transferred to the seller's connected account; buyers are not charged any additional platform fee beyond the listing price (and applicable tax). The current fee rate is displayed in the seller dashboard. We reserve the right to change the fee rate or fee structure with at least 14 days' notice posted on the Platform. Continued use after the effective date constitutes acceptance of the revised fees.
Lopperly may offer promotional or introductory fee rates, including reducing the platform fee or waiving it entirely. A promotional rate applies on the terms published when it is announced — either for a stated period, or until we give notice that it is ending. Where no end date is stated, we will give at least 30 days' notice before the standard rate resumes. Extending, renewing, or continuing a promotional rate is not a change to our fees and requires no notice. The expiry of a promotional rate on its published terms is likewise not a change to the fee rate or fee structure for the purposes of this section. A reduced or waived platform fee does not change the amount a buyer pays.
5.2 Payment Processing and Payouts
Payments are processed by Stripe or other third-party payment processors. Sellers must complete the payment processor's onboarding and identity verification requirements to receive payouts. Payout timing, holds, and reserves are determined by the payment processor in accordance with its own policies. By transacting on the Platform, you agree to the applicable processor's terms of service. Lopperly does not store credit card numbers, bank account numbers, or other sensitive financial information on its own servers.
5.3 Refunds and Chargebacks
We do not guarantee refunds for completed transactions; disputes over an Item's condition, quantity, or fulfillment must first be raised directly between the buyer and seller. Sellers are responsible for any chargeback initiated against one of their transactions, including any fees the payment processor assesses in connection with it, and Lopperly may recover such amounts from a seller's future payouts or connected account. Lopperly may, at its discretion, help facilitate a resolution but has no obligation to mediate, refund, or reverse a completed transaction.
5.4 Taxes
Sellers are solely responsible for determining, collecting (where applicable), reporting, and paying any taxes owed on their sales, including sales, use, and income tax. Lopperly does not provide tax advice and does not withhold or remit taxes on a seller's behalf, except to the extent our payment processor does so automatically as part of its own tax calculation features.
6. Learning Resources
The Platform includes educational content ("Learning Resources") created by Lopperly and its partners. Learning Resources are provided for informational purposes only and do not constitute professional, legal, medical, or regulatory advice.
All Learning Resources are owned by Lopperly or its content partners and are protected by copyright. You may access Learning Resources for personal, non-commercial use only. You may not reproduce, distribute, or create derivative works from Learning Resources without express written permission.
7. User Content
7.1 Your Content
You retain ownership of the content you submit to the Platform ("User Content"), including listing photos, descriptions, and profile information. By submitting User Content, you grant Lopperly a non-exclusive, royalty-free, worldwide license to use, reproduce, display, adapt, and distribute your User Content to operate the Platform and for Lopperly's marketing purposes.
7.2 Content Standards
You agree not to post User Content that:
- Is false, misleading, or deceptive
- Infringes any third-party intellectual property, privacy, or other rights
- Contains hate speech, harassment, threats, or discriminatory content
- Includes personal information of others without their consent
- Violates any applicable law
7.3 Our Rights
We may remove User Content that violates these Terms or that we determine, in our sole discretion, is harmful to the Platform or its users.
8. SMS and Phone Communications
8.1 Verification Texts
We use your phone number to send one-time verification codes when you add or confirm a phone number on your account. These messages are required to complete phone verification and are not promotional.
8.2 Transactional Notifications
If you add a phone number, we may also send transactional text messages related to your marketplace activity — for example, order updates, buyer-seller messages, and payment confirmations. Message frequency depends on your activity on the Platform. Message and data rates from your wireless carrier may apply and are your responsibility, not ours.
8.3 Consent and Opt-Out
Providing a phone number for account verification does not enroll you in marketing texts, and we do not send marketing or promotional SMS. You can stop transactional notifications at any time by removing your phone number from Account Settings, or by replying STOP to any message we send; reply HELP for assistance. Our SMS program is delivered through Twilio, and your number is shared with that provider solely to deliver messages on our behalf, consistent with our Privacy Policy.
9. Prohibited Conduct
You agree not to:
- Use the Platform for any unlawful purpose
- Scrape, crawl, or systematically extract data from the Platform without permission
- Attempt to gain unauthorized access to any part of the Platform or another user's account
- Interfere with or disrupt the Platform's infrastructure
- Use the Platform to send spam or unsolicited commercial communications
- Misrepresent your identity or affiliation
10. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOPPERLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO LOPPERLY IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
12. Indemnification
You agree to indemnify, defend, and hold harmless Lopperly LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any applicable law, including food safety regulations.
13. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
13.1 Informal Resolution
Before initiating any formal dispute process, you agree to contact us at hello@lopperly.com and give us 30 days to attempt informal resolution.
13.2 Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration shall take place in San Diego County, California, or via videoconference.
13.3 Class Action Waiver
YOU AND LOPPERLY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. All disputes must be brought in your individual capacity. This waiver is a material term of these Terms; if it is found unenforceable, the entire arbitration agreement shall be void.
13.4 Exceptions
Nothing in this Section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.
14. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. To the extent any dispute is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in San Diego County, California.
15. Termination
We may suspend or terminate your access to the Platform at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your license to use the Platform immediately ends. Sections 4, 5, 7, 8, 10, 11, 12, 13, and 14 survive termination.
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 or by prominent notice on the Platform at least 14 days before the changes take effect. Continued use after the effective date constitutes acceptance.
17. General Provisions
17.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Lopperly regarding your use of the Platform, and supersede any prior agreements on the same subject.
17.2 Severability
If any provision of these Terms is held invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
17.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be treated as a waiver of that right or provision. Any waiver must be in writing and signed by an authorized Lopperly representative to be effective.
17.4 Assignment
You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
18. Contact Us
Lopperly LLC 13209 Valle Verde Terrace Poway, CA 92064