Terms of Service

Last updated: April 30, 2026

These Terms of Service ("Terms") form a binding agreement between you and DotWin LLC, a Texas limited liability company doing business as The Painted Porch ("Painted Porch", "TPP", "we", "us", or "our"). They govern your access to and use of every website, app, and service we operate, including paintedporch.market, thepaintedporch.shop, paintedporchproject.org, myporch.shopand its subdomains, every vendor custom domain hosted on our platform, and any related APIs, emails, and software (collectively, the "Services").

By creating an account, visiting any of our domains, placing an order, listing a product, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.

Please read carefully. Section 19 contains a binding arbitration clause and a class-action waiver that affect how disputes are resolved.

1. Definitions

Platform. The infrastructure, software, websites, and services we operate.
Marketplace.The buyer-facing marketplace at paintedporch.market where many vendors' products are listed together.
Vendor Storefront.A single vendor's standalone shop, hosted at a vendor subdomain on myporch.shop, at the vendor's custom domain, or at paintedporch.market/store/<slug>.
The Project. The civic resource hub at paintedporchproject.org for vendors displaced by the April 2026 Painted Tree Boutiques bankruptcy.
Vendor. An independent business that sells products through the Platform.
Buyer. An end customer who purchases from a Vendor.
Porch Pickup Network. Our local-fulfillment system, including Vendor Porch (vendor self-pickup), Porch Pro Network (third-party hosts), and Vendor Delivery.
Content. Text, images, video, audio, code, or other material posted, uploaded, or transmitted through the Services.

2. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Services. The Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you are accepting these Terms on behalf of a business or other legal entity, you represent that you have authority to bind that entity.

3. Accounts

Some features require an account. You agree to provide accurate, current, and complete information; to keep your account credentials confidential; and to promptly notify us at security@paintedporch.market of any unauthorized use. You are responsible for all activity that occurs under your account.

We may suspend or terminate any account at our discretion for violations of these Terms, the Acceptable Use Policy, the Vendor Agreement, or applicable law.

4. The Services

The Painted Porch is a multi-tenant marketplace and ecommerce platform built for independent artisan vendors. We provide infrastructure for Vendors to list, market, sell, and fulfill products, and for Buyers to discover and purchase from those Vendors. The Project at paintedporchproject.org is a free informational resource that does not itself complete sales.

We are not the sellerof products listed by Vendors. Each Vendor is the merchant of record for sales on its Vendor Storefront and for its own listings on the Marketplace. Stripe Connect Direct Charges route each transaction directly to the Vendor's Stripe account. The contract for the sale of a product is between the Buyer and the Vendor, not between the Buyer and TPP. We facilitate the transaction and provide the Platform.

5. Vendor Terms

If you list products or services as a Vendor, the Vendor Agreement applies in addition to these Terms. In the event of a conflict between these Terms and the Vendor Agreement on a Vendor-specific matter, the Vendor Agreement controls.

6. Buyer Purchases

When you place an order, you make an offer to purchase from the relevant Vendor at the price displayed at checkout. The Vendor accepts your offer when it confirms or ships the order. All prices are in US dollars unless stated otherwise. Sales tax is calculated at checkout where required.

Product images, descriptions, weights, and availability are provided by Vendors and may be updated without notice. Many products are handmade in limited quantities, and slight variation between units is expected. We are not responsible for typos, inventory errors, or pricing errors made by a Vendor; the Vendor may cancel and refund any order placed in error.

7. Payments and Fees

Payments are processed by Stripe, Inc. By submitting payment information, you authorize the relevant Vendor (or, where applicable, TPP) to charge your selected payment method through Stripe for the total at checkout, including taxes, shipping, and any optional Porch Pickup fees. Stripe's terms and privacy policy apply to your payment data. We do not store full card numbers.

Statement descriptors.Vendor sales appear on your statement in a format similar to "PORCH <VENDOR>* TPP ORD <number>". The Vendor name shown on your statement is the merchant of record.

Marketplace commission.On the Free Porch tier, we deduct a marketplace commission (currently 10 percent) from sales completed through the Marketplace surface; the remainder routes to the Vendor. On paid tiers, we charge zero commission on sales. Vendors always pay Stripe's standard processing fees, which go to Stripe.

Porch Pickup fees. When a Buyer chooses Porch Pro pickup, the Buyer pays an $8 pickup fee. $5 routes to the host and $3 to the Platform. Porch Pro fees are non-refundable once the Buyer has confirmed pickup.

8. Membership and Recurring Billing

Vendors may subscribe to The Shop or The Anchor membership tiers. Membership fees are billed in advance, by month or year as elected at signup, and continue to renew until canceled. By starting a paid membership, you authorize TPP to charge the saved payment method on file for each cycle until you cancel.

You can cancel from your dashboard or by emailing billing@paintedporch.market. Cancellation takes effect at the end of the current paid cycle; you keep access until that cycle ends. We do not pro-rate partial cycles. Founding pricing, where offered and locked at signup, remains valid only while the Vendor maintains an unbroken active membership; lapsing or canceling forfeits the founding rate.

9. Refunds and Disputes

Refunds for products purchased from Vendors are governed by each Vendor's own return policy, displayed on the relevant Vendor Storefront or product page. If a Vendor and Buyer cannot resolve an issue, either party may contact trust@paintedporch.market and we may, at our discretion, mediate, refund the Buyer, debit the Vendor's balance, or remove a listing.

Membership fees are generally non-refundable except where required by law. Stripe chargebacks and disputes are handled per Stripe's rules; the Vendor is responsible for chargeback liability on its own sales. Section 8 of the Vendor Agreement explains chargeback handling in detail.

10. Porch Pickup Network

Porch Pickup, Porch Pro Network, and Vendor Delivery are local fulfillment options offered at the Vendor's discretion. Vendors and Porch Pros host Buyers on their property at their own risk and at the Buyer's own risk. TPP does not own, operate, or insure any Porch location. Porch Pros are independent contractors, not employees of TPP. Buyers and Vendors agree to behave lawfully and respectfully at every pickup. Report unsafe or inappropriate conduct to trust@paintedporch.market.

11. Acceptable Use

Your use of the Services is also governed by our Acceptable Use Policy, which is incorporated by reference. Without limiting that policy, you agree not to:

violate any law, regulation, or third-party right;
list counterfeit, stolen, recalled, hazardous, or prohibited goods;
impersonate any person or entity, or misrepresent affiliation;
scrape, crawl, or extract data from the Services other than via APIs we provide;
interfere with or attempt to compromise the security or integrity of the Services;
use the Services to send spam, malware, or phishing content;
circumvent fees, payment routing, or rate limits;
harass, threaten, or discriminate against any user, vendor, host, or staff member.

12. User Content

You retain ownership of any Content you submit. By submitting Content (product photos, descriptions, store branding, reviews, posts, etc.), you grant TPP a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, publicly display, distribute, modify, and create derivative works of that Content for the purposes of operating, providing, marketing, and improving the Services, including in cross-promotional materials and search-engine indexing. You represent and warrant that you own or have all rights necessary to grant this license.

We may remove any Content that violates these Terms, the Vendor Agreement, the Acceptable Use Policy, or applicable law. We do not pre-screen Content but may moderate at our sole discretion.

13. Intellectual Property

The Painted Porch name, logo, trade dress, and Platform software are owned by DotWin LLC and protected by intellectual-property law. You may not use our marks without permission, except for accurate "Available on The Painted Porch" attribution. All other trademarks are the property of their respective owners.

DMCA notices.If you believe Content on the Services infringes your copyright, send a notice that complies with 17 U.S.C. § 512(c)(3) to dmca@paintedporch.market. Repeat infringers' accounts will be terminated.

14. Third-Party Services

The Services integrate with third-party providers, including Stripe (payments), Supabase (database and authentication), Vercel (hosting), Cloudflare (CDN, video, and email), Resend (email delivery), Anthropic (AI assistance), Meta and TikTok (advertising and conversion APIs), and Google (analytics and ads). Their terms and privacy practices apply to your use of those services. We are not responsible for third-party services or any harm caused by them.

15. Privacy

Our Privacy Policy explains what we collect, how we use it, and your rights. By using the Services, you agree to the collection and use of information consistent with that policy.

16. Disclaimers

THE SERVICES, INCLUDING ALL CONTENT AND PRODUCTS LISTED BY VENDORS, ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, OR THAT ANY DEFECTS WILL BE CORRECTED.

We make no warranty regarding any product, transaction, or interaction between a Buyer and a Vendor. We are not a party to those transactions.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TPP, ITS AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO TPP IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED US DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

18. Indemnification

You agree to defend, indemnify, and hold harmless TPP, its affiliates, and our and their respective officers, directors, employees, contractors, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services, (b) any Content you submit, (c) your products, sales, or fulfillment as a Vendor, (d) your violation of these Terms or any applicable law, or (e) your violation of any third-party right.

19. Dispute Resolution; Binding Arbitration; Class-Action Waiver

Informal resolution first. Before filing any formal claim, you agree to email legal@paintedporch.market with a description of the dispute and the relief you seek. We will try in good faith to resolve the dispute informally for at least 60 days.

Binding individual arbitration.If we cannot resolve the dispute informally, you and TPP agree that any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in Dallas County, Texas, in English, by a single arbitrator. The arbitrator's award is binding and may be entered as a judgment in any court of competent jurisdiction.

Class-action waiver.You and TPP each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims. If this class-action waiver is found unenforceable, then the entirety of this Section 19 is null and void, but the rest of these Terms remain in effect.

Exceptions. Either party may bring an individual action in small-claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction for actual or threatened infringement of intellectual-property rights.

30-day opt-out.You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@paintedporch.market with the subject "Arbitration Opt-Out" and your name and account email. Opting out does not affect any other part of these Terms.

20. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Subject to Section 19, any action not subject to arbitration must be filed in the state or federal courts located in Dallas County, Texas, and you consent to personal jurisdiction and venue there.

21. Changes to the Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent change. We will provide reasonable notice of material changes, including by email or by an in-product notice. Your continued use of the Services after the effective date of an update constitutes acceptance of the updated Terms.

22. Termination

You may stop using the Services at any time. We may suspend or terminate your access to the Services, with or without notice, for any reason, including violation of these Terms or applicable law. Upon termination, your right to use the Services ends; sections of these Terms that by their nature should survive will survive, including Sections 7 (fees owed), 12 (license to Content already submitted), 13, and 16 through 23.

23. Miscellaneous

These Terms, together with the Vendor Agreement (if applicable), the Acceptable Use Policy, and the Privacy Policy, are the entire agreement between you and TPP about the Services. If any provision is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to TPP must be sent to legal@paintedporch.market or to our registered agent of record. The headings are for convenience and do not affect interpretation.

24. Contact

DotWin LLC d/b/a The Painted Porch
Operated in Texas, United States.
General: hello@paintedporch.market
Legal: legal@paintedporch.market
Trust and safety: trust@paintedporch.market
Privacy: privacy@paintedporch.market
DMCA: dmca@paintedporch.market