Terms of Service

1. Acceptance of Terms

By accessing or using the Shelvian platform (shelvian.co and app.shelvian.co, collectively the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform.

These Terms apply to all users of the Platform, including CPG brands ("Brand Users") and brand ambassadors ("Ambassador Users"). Shelvian, Inc. ("Shelvian," "we," "us") reserves the right to modify these Terms at any time.

2. Eligibility

You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms.

3. Account Registration

To access most features of the Platform, you must create an account. You agree to:

• Provide accurate, complete, and current registration information
• Maintain the security of your password and account credentials
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activity that occurs under your account

4. Brand Users

Brand Users may post shifts, review ambassador applications, and access shift reporting through the Platform. By posting a shift, Brand Users agree to:

• Provide accurate shift details including location, date, time, compensation, and product information
• Pre-authorize payment at the time of shift posting — payment is only charged upon shift completion
• Comply with all applicable employment laws, health codes, and retailer requirements
• Not discriminate against ambassadors on any protected basis
• Use ambassador data solely for shift-related purposes

5. Ambassador Users

Ambassador Users may browse and apply for shifts through the Platform. By accepting a shift, Ambassador Users agree to:

• Arrive at the designated location on time and complete the shift as described
• Hold all required certifications (e.g., Food Handler, ServSafe) listed in the shift requirements
• Represent the brand accurately and within approved guidelines
• Complete all required AI-assisted check-ins and post-shift documentation
• Not engage in any conduct that violates retailer policies or applicable law

6. Fees and Payments

Shelvian charges a platform fee of 12% of the shift rate to Brand Users and retains 8% of the shift rate from Ambassador payouts. All fees are clearly displayed before any transaction is confirmed.

Payments are processed through Stripe. Ambassador payouts are issued within 24 hours of verified shift completion. Shelvian is not responsible for delays caused by third-party payment processors.

7. Cancellations

Brand Users may cancel a shift at no charge more than 48 hours before the shift start time. Cancellations within 48 hours may incur a cancellation fee equal to 25% of the shift rate. Ambassadors who no-show or cancel within 12 hours of a shift may receive a rating penalty and may be temporarily suspended from the Platform.

8. Intellectual Property

All content on the Platform — including but not limited to text, graphics, logos, and software — is the property of Shelvian or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

By submitting content to the Platform (including product briefs, shift descriptions, photos, and reviews), you grant Shelvian a non-exclusive, royalty-free, worldwide license to use, display, and distribute that content for Platform operations.

9. Prohibited Conduct

You agree not to:

• Use the Platform for any unlawful purpose or in violation of these Terms
• Circumvent the Platform to arrange off-platform payments or engagements
• Post false, misleading, or fraudulent information
• Harass, threaten, or harm other users
• Attempt to gain unauthorized access to any part of the Platform
• Use automated tools to scrape, crawl, or extract data from the Platform

10. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, express or implied. Shelvian does 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 law, Shelvian shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform. Our total liability to you for any claims arising under these Terms shall not exceed the amount you paid to Shelvian in the 12 months preceding the claim.

12. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in San Francisco County, California.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or prominent notice on the Platform. Your continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.

14. Contact

Questions about these Terms? Contact us at legal@shelvian.co or write to Shelvian, Inc., 548 Market St, San Francisco, CA 94104.