Terms of Service

1. Acceptance of Terms

By accessing or using Flowerlly (“Service”, “we”, “us”, or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service.

Flowerlly is operated by FLOWERLLY LLC (“Company”). Contact: [email protected].

2. Description of Service

Flowerlly provides a floral craft and marketplace platform for Shoppers, Hobbyists, and Florists across the United States and Canada. The Service includes, but is not limited to:

• A store for digital recipes, ready-made arrangements, stem kits, and accessories listed by florists and stores
• Guided floral recipes (templates) with step sequences and AI-assisted checks for Hobbyists
• Local fulfillment for physical goods (pickup / local delivery — no nationwide shipping of perishable flowers)
• Nationwide sale of digital recipes where the listing permits
• Subscriptions, entitlements, and seller dashboards (publishing caps, payouts, claims)
• Account, cart, checkout, purchase history, reviews, and seller shop profiles

Flowerlly does not: act as your florist of record for every order, guarantee a specific aesthetic outcome of a handmade arrangement, employ every seller who lists on the platform, operate as a bank, or transmit funds outside licensed payment processors you interact with through checkout.

3. Marketplace, Listings & Local Fulfillment

When you buy or sell through the marketplace, you acknowledge that:

• Most physical arrangements, kits, and many recipes are offered by independent third-party sellers (florists / digital creators / stores), not by FLOWERLLY LLC as the maker
• Sellers are responsible for the accuracy of listings, inventory, freshness, substitutions, and local fulfillment promises
• Physical flowers and kits fulfill locally (pickup or local delivery); Flowerlly does not operate nationwide perishable shipping
• Digital recipes may be delivered electronically after purchase
• Platform fees, commissions, and payout schedules follow the live fee schedule and seller ledger rules disclosed in-product
• Buyer and seller disputes may be handled through in-product claims tools and, where applicable, the payment provider’s dispute process

4. Sellers, Florists & Quality Standards

Florists, stores, and digital creators who publish or sell on Flowerlly (“Sellers”) are independent third parties. They design, produce, photograph, and (for physical goods) fulfill arrangements, kits, and related products. They are not employees, agents, or joint venturers of FLOWERLLY LLC unless a separate written agreement says otherwise.

4.1 Quality and service commitments

By listing or enabling a shop, each Seller commits to:

• Product quality — arrangements, stems, kits, and accessories match the listing in condition, quantity, and craftsmanship; perishables are reasonably fresh for the stated pickup/delivery window
• Honest listings — photos, titles, prices, lead times, stock, and substitutions are accurate and not misleading
• On-time fulfillment — honor stated pickup hours, local delivery windows, and lead times; communicate delays promptly to the buyer
• Professional handling — safe packaging, appropriate hydration/care for flowers, and hygiene standards for physical goods
• Digital recipe integrity — steps and materials lists are usable and owned or licensed by the Seller; no scraped or infringing content
• Buyer communication — respond to order questions and claims in good faith and within reasonable time
• Legal compliance — taxes, permits, labeling, and local rules applicable to their business

4.2 Reviews, ratings & claims

Buyers may leave verified reviews and ratings after eligible purchases. Sellers must not manipulate, buy, suppress, or retaliate against honest reviews. A pattern of unresolved claims, chargebacks, late fulfillments, or low ratings is a material quality signal. Flowerlly may use reviews, claims outcomes, and fulfillment data when enforcing these Terms.

4.3 Removal, suspension & shop take-down

FLOWERLLY LLC may, at its sole discretion and with or without prior notice when severity warrants, take any of the following actions against a Seller or listing:

• Unpublish or permanently remove listings from the store
• Disable public shop features or “Enable shop” fulfillment
• Suspend or revoke florist_creator / seller privileges
• Limit publishing caps, promoted placements, or payout eligibility
• Hold, reverse, or claw back amounts as allowed by ledger rules, claims outcomes, and payment-provider processes
• Terminate the account for serious or repeated breaches

Grounds include, without limitation: poor or unsafe product quality; misrepresentation; missed or failed pickups/deliveries; abusive buyer communication; review manipulation; fraud or prohibited items; repeated claims or chargebacks attributable to the Seller; refusal to cooperate with a good-faith investigation; or any other violation of these Terms or in-product seller policies.

4.4 Platform role toward buyers

Flowerlly facilitates discovery, checkout, and claims tooling. For third-party physical goods, the Seller is the party responsible for craftsmanship and local fulfillment. The Company may assist with mediation but does not guarantee every handmade result. Remedies follow the claims process, payment-provider rules, and applicable law.

4.5 Mediated contact (no off-platform bypass)

Public seller profiles are a catalog and brand presence: name, bio, ratings, and approximate zone (city / neighborhood). They do not publish phone numbers, emails, WhatsApp, or street addresses for direct outreach. Exact pickup or delivery details are released only to the buyer of a completed Flowerlly order (for example under My Purchases).

Buyers and Sellers agree not to solicit or exchange personal contact information for the purpose of completing a sale outside Flowerlly or avoiding platform fees. Flowerlly may remove listings, disable shop features, or suspend accounts for repeated circumvention.

5. Communications

We may send transactional email (account verification, order updates, security notices). Marketing messages are optional and include an unsubscribe path. If you use Flowerlly to contact buyers or sellers about an order, you agree that communications are factual, non-harassing, and compliant with CAN-SPAM, CASL, and other applicable laws. Order-related contact should stay within Flowerlly’s tools whenever available.

6. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to:

• Provide accurate and complete registration information
• Notify us promptly of unauthorized access or a security breach
• Not share credentials with unauthorized users

At signup you choose a product role. Roles such as shopper, hobbyist, florist_creator, and admin unlock different buying, Build, and publishing capabilities as described in-product:

• Maker — the default account: browse and purchase from the store, and follow guided recipes in Build. Buying requires no separate role. Publishing for sale requires upgrading to Florist
• Florist (florist_creator) — list and sell digital and (where enabled) local physical goods; commission per the live fee schedule

In-product upgrades (Shopper → Hobbyist, Hobbyist → Florist) are available from Profile when offered. Upgrading to a seller role constitutes acceptance of Section 4 (Sellers, Florists & Quality Standards).

7. Subscription Plans and Billing

Flowerlly offers free and paid plans. By subscribing to a paid plan, you agree to pay the applicable fees disclosed at checkout. Fees are typically in USD (or as shown at purchase) and exclude taxes you are responsible for paying. Subscriptions renew at the end of each billing cycle unless cancelled beforehand. We may modify pricing with at least 30 days’ notice.

You may cancel at any time; cancellation takes effect at the end of the current billing period. We do not provide refunds for partial periods except where required by law. Seller marketplace access may continue or end under Section 4 independently of subscription status (e.g. free listing with commission).

8. Prohibited Uses

You may not use the Service to:

• List unlawful, fraudulent, unsafe, or misrepresented goods or recipes
• Sell perishables you cannot fulfill within the stated local window
• Violate any applicable law or regulation
• Reverse engineer, copy, or resell the Service except as allowed by law
• Transmit malicious code or interfere with the Service’s operation
• Scrape or harvest data in a way that harms the platform or other users
• Misuse AI features to generate harmful or infringing content
• Manipulate ratings, reviews, claims, or inventory counters
• Solicit or share phone, email, WhatsApp, or other direct contact to complete a Flowerlly sale off-platform or to avoid fees

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

Third-party goods: Except where FLOWERLLY LLC is the listed seller of a specific item, physical arrangements and many digital recipes are provided by independent Sellers. Their quality, timing, and substitutions are their responsibility, subject to our enforcement rights in Section 4.

AI Features Disclaimer: Flowerlly’s AI features provide assistive guidance (stem checks, placement hints, diagnostics). They do not constitute professional florist certification or a guarantee of arrangement quality. You remain responsible for reviewing and applying any AI suggestion. We do not guarantee the accuracy or completeness of AI-generated output.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWERLLY LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF REVENUE OR PROFIT, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE — INCLUDING LOSS ARISING FROM A SELLER’S PRODUCT, DELAY, OR CANCELLATION. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO FLOWERLLY LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM (EXCLUDING AMOUNTS PASSED THROUGH TO SELLERS VIA THE PAYMENT PROVIDER, EXCEPT WHERE REQUIRED BY LAW).

11. Indemnification

You agree to indemnify and hold harmless FLOWERLLY LLC from claims, damages, or expenses (including reasonable attorneys’ fees) arising out of your use of the Service, your listings or content, your fulfillment failures, your violation of these Terms, or your violation of any third-party rights.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles. Any dispute shall be resolved by binding arbitration under JAMS rules in Wilmington, Delaware, on an individual basis (no class actions), except where prohibited. The prevailing party may recover reasonable attorneys’ fees.

For users resident in Canada, mandatory non-waivable consumer protection provisions of the user’s province or territory (including, where applicable, Quebec Consumer Protection Act, Ontario Consumer Protection Act, PIPEDA and provincial equivalents) apply in addition to these Terms. Where local mandatory law conflicts with these Terms, the more user-favorable provision prevails.

13. Changes to Terms

We may update these Terms from time to time. We will notify you via email or in-app notice at least 14 days before material changes take effect. Continued use after the effective date constitutes acceptance of the updated Terms. Seller policy updates that protect buyers (quality, safety, fraud) may take effect sooner when disclosed in-product.

14. Subscriptions, Plan Changes & Billing

14.1 Billing cycle

Subscriptions are billed monthly or annually depending on the selected plan. The cycle begins on activation.

14.2 Upgrade

Upgrades to a higher-priced plan are scheduled for the start of the next billing cycle unless checkout states otherwise. You keep current features until then.

14.3 Downgrade

Downgrades may take effect at the next cycle or immediately as disclosed in-product. Features exclusive to the higher plan become unavailable when the change applies. No credits for unused days unless required by law.

14.4 Cancellation

After cancellation you retain access until the end of the paid period. No refunds for the remaining period except where required by law.

15. Payment Processing Addendum

15.1 Custody of funds

Flowerlly is software. Card and wallet payments for marketplace and subscriptions are processed by licensed providers (for example, Stripe, including Stripe Connect for seller payouts where enabled). Flowerlly does not receive, hold, or control card funds outside those providers’ systems. Your relationship with the processor is also governed by that processor’s terms.

15.2 Chargebacks and disputes

Chargebacks and payment disputes are governed by card networks and the processor. Flowerlly may provide order and listing evidence to support a case but does not guarantee outcomes. Seller payouts follow platform ledger rules after successful settlement. Sellers who generate excessive disputes may lose store access under Section 4.

15.3 Prohibited industries

You may not use Flowerlly checkout for illegal goods, fraud, or categories restricted by our payment providers (including controlled substances outside applicable law, weapons outside licensed channels, adult services, unlicensed gambling, or OFAC-sanctioned activity). Violations may result in suspension without refund and reports to the processor.

15.4 Fees

Subscription and platform fees are disclosed at checkout or in the seller fee schedule. Processor fees may be passed through or included as disclosed before you complete a paid action.

16. Content, IP & License

You retain rights to content you upload (photos, recipes, shop copy). By publishing, you grant FLOWERLLY LLC a worldwide, non-exclusive license to host, display, and distribute that content as needed to operate the Service — including after a listing is removed, for archival, dispute, and legal purposes as reasonably needed. Flowerlly™ and related marks are trademarks of FLOWERLLY LLC. Do not use our marks without permission.

As between you and FLOWERLLY LLC, you retain ownership of your Customer Data (account, listings, orders). We acquire no ownership by these Terms. We may use aggregated, de-identified data to improve the Service. We do not use Customer Data to train third-party foundation models; AI features run for inference under our routing policy. We do not sell personal data.

17. Contact

Questions about these Terms: [email protected].

FLOWERLLY LLC · US & Canada

See also our Privacy Policy.