These Terms of Service ("Terms") govern your access to and use of the website located at atflowers.com, together with any related pages, subdomains, features, tools, forms, and content operated by Stems and More LLC (collectively, the "Site"). Stems and More LLC is a Wyoming limited liability company doing business as "@flowers" ("@flowers," "we," "us," or "our"). Please read these Terms carefully. By accessing, browsing, or otherwise using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site.

1. Who We Are and What the Site Is

Stems and More LLC operates the Site as a business-to-business marketing and informational platform. The Site describes services that @flowers makes available to independent florist businesses ("Partners"), including the creation and management of virtual storefronts on third-party delivery marketplaces. The Site is not itself a marketplace, a florist, a delivery service, a payment processor, or a money transmitter. No floral arrangements, gifts, or other products are sold directly through the Site, and no payments are collected, held, or processed through the Site.

Consumer floral orders referenced on the Site are fulfilled by independent Partner florists through third-party delivery platforms, each of which has its own terms, pricing, and policies. @flowers is not the seller of record for those transactions and is not responsible for the performance, quality, or delivery of any product or service provided by a Partner or by any third-party platform.

2. Eligibility

You must be at least 18 years old and capable of forming a legally binding contract to use the Site. The Site is directed at businesses located in the United States. If you submit an inquiry on behalf of a florist or other business, you represent and warrant that you are authorized to act on behalf of that business and to bind it to these Terms.

3. Changes to These Terms

We may revise these Terms from time to time in our sole discretion. The most current version will be posted on the Site with a new "Last Updated" date. Your continued use of the Site after the effective date of any revised Terms constitutes your acceptance of them. If you do not agree to the revised Terms, you must stop using the Site.

4. Submissions, Inquiries, and Consent to Communications

The Site may invite you to submit information through inquiry forms, email links, phone numbers, chat tools, social media, or other contact channels. You agree that all information you submit is accurate, current, and complete, and that you have the legal right to provide it. You further agree that by providing your contact information to us — whether through the Site, by email, by phone, through social media, through an event or trade association, through a referral, or through any other channel — you expressly authorize @flowers and its service providers, representatives, and agents to contact you using any of the contact methods you provide or that are otherwise reasonably available, for any business purpose, including marketing, partner recruitment, account servicing, and customer support.

Authorized methods of contact include, without limitation: (a) telephone voice calls; (b) SMS, MMS, RCS, iMessage, and any other text messaging protocol, whether sent manually or through automated systems; (c) email; (d) direct messages, comments, replies, and mentions on any social media or messaging platform on which you maintain a public or business account, including but not limited to Instagram, Facebook, LinkedIn, TikTok, X (Twitter), YouTube, WhatsApp, Threads, and successors; (e) postal mail; (f) push notifications and in-app messages; (g) web-based chat; and (h) any other electronic or physical means of communication now known or later developed. You acknowledge that message and data rates may apply to any text or wireless communications, and that messages from us may be recurring. You may opt out of marketing communications at any time by following the instructions in Section 6 of our Privacy Policy; certain transactional and relationship communications may continue even after you opt out of marketing.

Submission of an inquiry or any other information to us does not by itself create any contractual, agency, partnership, employment, joint venture, or fiduciary relationship between you and @flowers. Any partnership between you and @flowers will be governed exclusively by a separately executed written agreement signed by both parties.

5. No Payment Processing by @flowers

@flowers does not collect, process, store, transmit, or hold any credit card numbers, debit card numbers, bank account numbers, ACH credentials, wire transfer instructions, cryptocurrency wallets, or any other payment account information through the Site. @flowers is not a bank, money services business, money transmitter, payment processor, or payment facilitator.

All payment processing related to @flowers services, including partner payouts, platform fee collection, and any tablet or subscription billing, is handled exclusively by Stripe, Inc. ("Stripe") through Stripe's Connect platform. Partners and other counterparties who receive or make payments in connection with @flowers services do so through a direct relationship with Stripe and are subject to Stripe's then-current Connected Account Agreement, Services Agreement, and Privacy Policy, available at stripe.com. Stripe is solely responsible for the processing of payments and for all related know-your-customer ("KYC"), know-your-business ("KYB"), anti-money-laundering ("AML"), sanctions screening, tax reporting, fraud prevention, chargeback handling, dispute resolution, and other financial and regulatory compliance obligations that apply to payment processing and the holding of funds.

@flowers has no control over and assumes no responsibility for Stripe's services, decisions, holds, freezes, reserves, or account actions. Any dispute arising out of a payment processed by Stripe must be directed to Stripe or resolved under your agreement with Stripe. You acknowledge that @flowers is a technology and marketing platform and is not acting as a financial institution in any capacity.

6. Intellectual Property

The Site and all of its contents, including text, graphics, logos, images, layouts, the "@flowers" name and mark, and the underlying code, are owned or licensed by Stems and More LLC and are protected by United States and international intellectual property laws. Except as expressly permitted by these Terms, you may not copy, reproduce, republish, distribute, publicly display, publicly perform, modify, create derivative works from, transmit, scrape, data-mine, or otherwise exploit any portion of the Site without our prior written consent.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Site for your own internal business purposes, subject to these Terms. All rights not expressly granted are reserved. Any feedback, suggestions, or ideas you provide regarding the Site or our services may be used by us without any obligation to compensate you.

7. Third-Party Services and Links

The Site may reference, link to, or integrate with third-party services, websites, platforms, and products, including without limitation DoorDash, Uber Eats, Stripe, Google, Plausible Analytics, Kinsta, Zapier, and social media platforms. @flowers does not control and is not responsible for the content, privacy practices, availability, performance, or terms of any third party. Your use of any third-party service is at your own risk and is governed by that third party's own terms and privacy policies.

8. Prohibited Conduct

You agree not to use the Site to: (a) violate any applicable law, regulation, or third-party right; (b) transmit any malicious code, virus, or harmful component; (c) attempt to gain unauthorized access to the Site, any related systems, or other users' information; (d) interfere with or disrupt the operation of the Site or any servers or networks connected to it; (e) use any automated means, including bots, scrapers, or crawlers, to access or collect information from the Site without our prior written consent; (f) impersonate any person or entity or misrepresent your affiliation with any person or entity; (g) submit false, misleading, or fraudulent information; (h) use the Site to send unsolicited commercial communications; or (i) use the Site for any purpose that is unlawful, fraudulent, or otherwise objectionable.

9. Accessibility

@flowers is committed to making the Site accessible to the widest possible audience, including individuals with disabilities. We design and maintain the Site with reference to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, and we regularly audit the Site for conformance. Accessibility is a continuing effort, and we welcome feedback. If you encounter any accessibility barrier on the Site, or if you need assistance accessing any content or feature, please contact us at [email protected] with "Accessibility" in the subject line, and we will work with you in good faith to provide the information, service, or accommodation you are seeking.

10. Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, STEMS AND MORE LLC DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE ACCURATE, COMPLETE, OR RELIABLE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STEMS AND MORE LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE EXCEED ONE HUNDRED U.S. DOLLARS (US$100.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless Stems and More LLC and its members, managers, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your access to or use of the Site, (b) your violation of these Terms, (c) your violation of any rights of another party, or (d) any information you submit to us.

13. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason or no reason, including if we believe that you have violated these Terms. Upon termination, all provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.

14. Governing Law

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles. Subject to Section 15, the exclusive venue for any dispute not subject to arbitration shall be the state or federal courts located in Laramie County, Wyoming, and you consent to the personal jurisdiction of those courts.

15. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or your relationship with @flowers (a "Dispute") shall be resolved exclusively through final and binding individual arbitration, and not in a court of law, except that: (a) either party may bring an individual action in small claims court; and (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator, will take place in Cheyenne, Wyoming (or by telephone or video at the parties' election), and will be conducted in English. The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

YOU AND @FLOWERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration section will be null and void, but the rest of these Terms will remain in effect.

16. Miscellaneous

These Terms, together with our Privacy Policy and any other policies referenced on the Site, constitute the entire agreement between you and @flowers with respect to the Site and supersede all prior or contemporaneous communications and proposals. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms at any time without notice. Neither party shall be liable for any failure or delay caused by events beyond its reasonable control.

17. Contact

Questions about these Terms should be sent to:

Stems and More LLC d/b/a @flowers
1621 Central Ave #63556
Cheyenne, WY 82001
Email: [email protected]