Terms of Service

These Terms of Service are an agreement between you and [Legal entity name — to be confirmed], organized in [State of organization — to be confirmed], trading as Hightower ("Hightower", "we", "us"). They govern your access to the Hightower website, the Hightower Marketplace and any related software or features we make available (together, the "Service").

By creating an account, accepting these terms in the product, or paying for a subscription or other Hightower product, you agree to these terms. If you do not agree, do not use the Service.

Hightower charges only for access to its software and marketplace features:

• buyer and seller Marketplace subscriptions, monthly or annual
• the combined Buy + Sell subscription bundle
• one-time connection credit packs
• one-time listing boosts

Hightower does not currently do any of the following:

• collect or process payment for coffee
• take title to, own or resell coffee
• warehouse, handle or ship coffee
• hold funds in escrow for a coffee transaction
• pay sellers or route money between buyer and seller
• guarantee that any coffee transaction will be completed, or on what terms

Buyers and sellers negotiate and complete their coffee transaction directly with each other. Coffee price, contract terms, samples, quality, quantity, shipping, insurance, import and export, duties, taxes and payment for coffee are entirely between the two businesses. Details are in the Marketplace Terms.

You must be at least 18 years old and able to enter into a binding contract. Hightower is built for coffee businesses, and accounts are intended for business use.

• You are responsible for the accuracy of the information in your account and business profile.
• You are responsible for keeping your credentials secure and for everything done through your account.
• If you create or manage a business account, you confirm you are authorised to act for that business and to accept these terms on its behalf.
• You must tell us promptly if you believe your account has been used without your permission.

Paid plans renew automatically until cancelled, and cancellation is available to you at any time from your Billing page without contacting us. Prices, billing frequency, renewal, what happens after cancellation and when fees are refundable are set out in the Billing, Cancellation & Refund Policy, which forms part of these terms.

Payments are processed by Stripe. Hightower does not receive or store your card number.

You agree not to:

• publish false, misleading or fraudulent listings, prices, certifications or availability
• impersonate another business or person, or misrepresent your authority to act for a business
• use the Service to send unsolicited bulk messages unrelated to a genuine sourcing interest
• scrape, copy or redistribute Marketplace content other than for your own business use
• attempt to bypass plan limits, connection allowances, access controls or security measures
• interfere with the Service, probe it for vulnerabilities, or overload it with automated requests
• use the Service in breach of applicable trade, sanctions, food-safety, labelling, import or export law

You keep ownership of everything you upload: listings, company information, images, notes and messages. To operate the Service, you grant Hightower a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt for display, and show that content within the Service and, for content you publish publicly, on public Hightower pages and in search-engine previews of them. The licence lasts only as long as needed to provide the Service and to keep records we are required to keep.

You confirm you have the rights to the content you upload, including any images, and that publishing it does not infringe anyone else's rights.

The Service, its software, design, text, and the Hightower name and marks belong to Hightower or its licensors. These terms grant you a limited, revocable, non-transferable right to use the Service for your own business purposes, and nothing more.

Some sellers and coffees shown on Hightower are published by businesses that are not Hightower Marketplace members; where that is the case, Hightower labels it. Hightower shows what those sellers published, including gaps, and does not fill in missing prices, quantities or locations.

Any verification, research, matching, scoring, mapping or suggestion Hightower provides is informational only. It is not a warranty, certification, endorsement or guarantee about a seller, a coffee, a price or a business.

You may stop using the Service at any time. Hightower may suspend or terminate access where we reasonably believe these terms have been breached, where a listing is fraudulent or misleading, where use puts other members or the Service at risk, or where we are required to by law. Where practical and lawful, we will tell you why.

Ending a subscription does not delete your business data. Listings, connections, messages and history are retained as described in the Billing, Cancellation & Refund Policy and the Privacy Policy.

The Service is provided "as is" and "as available". To the fullest extent permitted by law, Hightower disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. Hightower does not warrant that the Service will be uninterrupted or error-free, or that any information published by a seller is accurate, current or complete.

To the fullest extent permitted by law, Hightower will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost business, lost data or the cost of substitute goods, arising out of or relating to the Service or to any dealing between a buyer and a seller.

Hightower's total liability for all claims relating to the Service in any twelve-month period will not exceed the greater of the amounts you paid Hightower for the Service in the twelve months before the claim arose, or one hundred US dollars. Nothing in these terms limits liability that cannot lawfully be limited.

You will indemnify and hold harmless Hightower and its officers, employees and agents from third-party claims, losses and reasonable legal costs arising from your content, your listings, your use of the Service, your dealings or contracts with another Hightower user, or your breach of these terms or of applicable law.

Hightower may update these terms. Each version carries a version number and effective date, and material changes will be notified in the product. Continuing to use the Service after a new version takes effect, or accepting it when prompted, means you accept it. Acceptance records reference the exact version accepted; a later edit never changes what you agreed to previously.

These terms are governed by [Governing law and venue — to be confirmed], and the courts of that jurisdiction will have exclusive jurisdiction over disputes, except where applicable law gives you a right to bring a claim elsewhere. This provision is pending confirmation of Hightower's operating entity and its jurisdiction, and is subject to review by counsel.

If any provision is unenforceable, the rest remains in force. Hightower's failure to enforce a provision is not a waiver of it. You may not assign these terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. These terms, together with the Marketplace Terms, the Billing, Cancellation & Refund Policy and the Privacy Policy, are the entire agreement between us about the Service.

Contact: [Legal contact email — to be confirmed] · [Legal entity name — to be confirmed] · [Business mailing address — to be confirmed]