Legal
Terms of service
The agreement between a merchant and the platform. Buyers contract with the merchant and with Whop as merchant of record.
Draft, last updated 2026-10-10. The operating company is being incorporated; every [ENTITY — D-006 pending] placeholder will be replaced with the registered details before launch, after counsel review.
1. Parties and scope
These terms govern the use of Snailcart (the "Service"), provided by [ENTITY — D-006 pending], [REGISTERED ADDRESS — D-006 pending], by business customers ("Merchants"). The Service is offered to businesses only; consumers cannot register. By creating an account you confirm you act for a business and are authorised to bind it.
2. What the Service is
A hosted checkout and flow builder with order bumps, post-purchase offers, analytics and integrations (such as Shopify). Payments are processed by Whop, which acts as merchant of record and holds the payment relationship with the buyer. Whop's terms apply to the Merchant's connected account, KYC, payouts, reserves, refunds and disputes. Snailcart does not hold funds and is not a payment institution.
3. Merchant obligations
- Sell only lawful goods and services; comply with the Acceptable Use Policy and Whop's policies.
- Provide accurate legal information to buyers: legal name, Impressum where required, terms, privacy, refund, shipping and withdrawal documents. The Service shows them; the Merchant is responsible for their content.
- Comply with consumer law applicable to its buyers (including the Consumer Rights Directive), tax law and data protection law, and act as controller of buyer data.
- Keep credentials secure; actions taken through an account are attributed to the Merchant.
4. Fees
Fees are those published on the pricing page at the time of ordering, unless agreed otherwise in writing: a monthly fee per store under the published volume threshold, or a percentage of processed volume above it, plus Whop's processing fees passed through at cost. Platform fees on transactions are collected through Whop as application fees. Monthly fees are invoiced in advance; VAT is added where applicable. Prices are in EUR unless stated.
5. Term and termination
Monthly term, renewing automatically; either party may terminate at the end of a month. We may suspend or terminate immediately for a material breach, unlawful use, an unacceptable dispute rate, or on request of Whop or a card network. On termination the Merchant can export its data for 30 days.
6. Service levels and support
Availability targets and credits are set out in the Service Level Agreement. Support is by email during business hours (CET).
7. Intellectual property
The Service and its software remain ours. The Merchant keeps all rights in its brand, products and data and grants us a licence to process them to provide the Service. Feedback may be used without obligation.
8. Liability
To the extent permitted by law, our total liability per contract year is limited to the fees paid by the Merchant in the preceding 12 months. We are not liable for indirect damage or lost profit, for decisions taken by Whop (holds, reserves, account closure) or by card networks, or for the Merchant's own compliance with consumer and tax law. Nothing limits liability for intent, gross negligence, or where it cannot be limited by law.
9. Data protection
Our Data Processing Agreement forms part of these terms for buyer data processed on the Merchant's behalf. Our Privacy Policy explains processing for merchant accounts.
10. Law and venue
Governing law and courts will follow the seat of [ENTITY — D-006 pending] (D-006 pending). Mandatory law of the Merchant's country is unaffected.
Questions: hello@snailcart.com