01 — Acceptance of Terms
These Terms of Service ("Terms") form a legally binding agreement between you and BagUp, Inc. ("BagUp," "we," "our," or "us"). By creating an account or using the BagUp mobile application or related services (collectively, the "Service"), you agree to these Terms in full.
If you don't agree, do not use the Service. We may update these Terms at any time. Material changes will be communicated via in-app notice. Continued use after the effective date of changes constitutes acceptance.
02 — Description of Service
BagUp is a three-sided marketplace that:
- Allows Shoppers to discover products and earmark items to signal demand.
- Allows Merchants to list products, read real-time demand signals, and announce drops.
- Allows Partners to fulfill drop pickups and earn by holding and delivering inventory.
BagUp is a platform intermediary. We facilitate connections between users but are not a party to any transaction between Merchants, Shoppers, and Partners.
03 — Account Registration
To use BagUp you must register with a valid phone number and verify it via OTP. You must be at least 13 years old (or the minimum age required in your jurisdiction) to create an account.
- You are responsible for all activity under your account.
- You must keep your account credentials secure. Do not share your session token.
- Notify us immediately at hello@bagup.shop if you suspect unauthorized access.
- One account per person. Duplicate or fake accounts may be terminated without notice.
04 — Shopper Terms
Earmarks are demand signals, not purchases
Earmarking an item is an expression of interest and demand — it is not a purchase commitment, reservation, or contract to buy. BagUp does not process payments. No money changes hands when you earmark an item.
Merchants may use earmark counts to inform restocking decisions and drop announcements. Earmarking an item does not guarantee availability, price, or that a drop will occur.
Notifications
By enabling push notifications, you agree to receive alerts about items you've earmarked, including restock notices and drop announcements. You can opt out at any time in your device settings.
05 — Merchant Terms
As a Merchant you agree to:
- Accurate listings — all product names, descriptions, images, and prices must be accurate and not misleading. You may not list items you don't have rights to sell.
- Inventory accuracy — you are responsible for keeping stock levels and availability up to date.
- Drop integrity — if you announce a drop, you must have the inventory available to fulfill it at the stated price. Canceling drops habitually may result in account suspension.
- Lawful products only — you may not list counterfeit goods, regulated items requiring special licensing, or anything prohibited by law.
- Images — you must have the rights to any photos you upload. By uploading, you grant BagUp a non-exclusive license to display them within the Service.
- Demand data — earmark data provided to you is aggregate and anonymized. You may not attempt to identify individual Shoppers from demand signals.
06 — Partner Terms
As a Partner you agree to:
- Fulfillment obligations — when you accept a hold or delivery assignment, you commit to completing it by the stated deadline.
- Inventory handling — products held for drops must be kept secure, undamaged, and available for Shopper pickup during the specified window.
- Accurate earnings reporting — Partner earnings are calculated by BagUp based on completed assignments. Disputes must be raised within 7 days of completion.
- Independent contractor status — Partners are independent contractors, not employees of BagUp.
07 — Prohibited Conduct
You may not:
- Scrape, reverse-engineer, or systematically extract data from BagUp.
- Use automated scripts or bots to create accounts, earmark items, or interact with the API at scale.
- Manipulate demand signals by creating fake earmarks or coordinating artificial interest.
- Harass, threaten, or abuse other users, Merchants, or Partners.
- Attempt to circumvent authentication, access other users' accounts, or exploit security vulnerabilities. (If you discover a vulnerability, please disclose it responsibly to hello@bagup.shop.)
- Use BagUp to facilitate money laundering, fraud, or any illegal activity.
- Post content that is defamatory, obscene, or infringes any third party's intellectual property rights.
Violations may result in immediate account suspension and, where appropriate, referral to law enforcement.
08 — Intellectual Property
BagUp and its licensors own all rights in the Service, including the app, API, design, brand, and software. Nothing in these Terms grants you ownership of any BagUp IP.
You retain ownership of content you create (your listings, uploaded images). By submitting content to BagUp, you grant us a worldwide, royalty-free, non-exclusive license to display, reproduce, and distribute that content solely in connection with operating the Service.
09 — Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BAGUP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BAGUP IS A PLATFORM INTERMEDIARY AND MAKES NO WARRANTIES REGARDING THE QUALITY, SAFETY, LEGALITY, OR AVAILABILITY OF ITEMS LISTED BY MERCHANTS OR SERVICES PROVIDED BY PARTNERS.
10 — Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BAGUP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL.
IN NO EVENT SHALL BAGUP'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BAGUP IN THE PAST 12 MONTHS OR (B) $100 USD.
11 — Termination
You may delete your account at any time by contacting us at hello@bagup.shop. We may suspend or terminate your account without notice if you violate these Terms or if we discontinue the Service.
Upon termination, your right to use the Service ends. Provisions that by their nature should survive termination (including Sections 8–12) will do so.
12 — Governing Law & Disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may seek injunctive relief in a court of competent jurisdiction.
You waive any right to participate in a class action lawsuit or class-wide arbitration against BagUp.
13 — Contact
For questions about these Terms, reach us at:
- Email: hello@bagup.shop
- Subject line: "Terms Question"