LastFolk — Terms & Conditions

• Service — the LastFolk platform for rating, dispatching, tracking, and reconciling local deliveries.
• Merchant — the business that installs and uses the Service to offer delivery to its customers.
• End Customer — a person who places an order with a Merchant fulfilled via the Service.
• Courier Partner — a third-party courier network that performs the physical delivery.
• BYO (Bring Your Own) — a configuration in which the Merchant connects its own courier account.
• Dispatch — a delivery request sent through the Service that a Courier Partner has accepted, meaning a courier has been assigned or the delivery has moved beyond that point.
• Courier Account — the Merchant's own account with a Courier Partner, connected to the Service with the Merchant's credentials.
• Free Trial — the no-charge period described in section 5.8.

LastFolk is a software intermediary. We connect your store to Courier Partners and provide rating, dispatch, tracking, and reconciliation tools.

• LastFolk is not a courier or delivery carrier and does not itself pick up, transport, or deliver goods. Physical delivery is performed by independent Courier Partners.
• LastFolk is not a payment processor or bank. Payments are handled by a third-party payment processor.
• LastFolk does not take title to, or responsibility for, the goods being delivered.

You must be a business, at least the age of majority, and able to form a binding contract. You are responsible for the accuracy of your account information, for safeguarding access to your account, and for all activity under it. You must promptly notify us of any unauthorized use.

You are responsible for: the accuracy of order, address, package, and pricing data you or your platform submit; complying with all laws applicable to your business and goods (including restricted or prohibited items); obtaining any required consents from your End Customers; and providing accurate delivery information. You will not use the Service to arrange delivery of illegal, hazardous, or prohibited items, or in violation of a Courier Partner's terms.

4.1 Your Courier Account. Every plan runs on the Merchant's own Courier Account. The Merchant contracts directly with the Courier Partner, accepts that Courier Partner's terms, and is billed by it for each delivery. LastFolk does not buy deliveries on the Merchant's behalf, does not collect or hold delivery payments, and adds no margin to the Courier Partner's price. The Merchant is responsible for obtaining the Courier Account, keeping it active and in good standing, and keeping its credentials current in the Service. If the Courier Account is suspended, closed or disconnected, dispatch through the Service stops until it is restored; subscription fees are not refunded for that period.

4.2 Availability and coverage. The Service depends on the Courier Partner covering both the pickup and the delivery address. Coverage varies by country, city and address, can change without notice, and is set by the Courier Partner, not by LastFolk. Any list of countries LastFolk publishes shows where the Service may be offered, not a guarantee that a given address will be served. The quote returned for a specific address at the time of the order is the only confirmation that a delivery can be made. Lack of coverage for some addresses does not entitle the Merchant to a refund of subscription fees.

5.1 Charges. The Merchant pays LastFolk a recurring subscription fee, monthly or annually, for the selected plan. Each plan includes a number of Dispatches per billing period, as shown for that plan at sign-up and on our website. Dispatches beyond that number may be charged at the per-Dispatch overage rate of the plan. Unused Dispatches do not carry over. A Dispatch cancelled before the courier picks up the order is not counted. Reaching or exceeding the included Dispatches never blocks a delivery. Delivery costs are charged by the Courier Partner under section 4.1, not by LastFolk.

5.2 Billing. Fees are billed through our third-party payment processor to the payment method you provide. Where you install LastFolk through an app platform (such as Shopify), your subscription and service fees may be billed through that platform's billing system, as shown on its approval screen; delivery costs are billed as described in the Service. You authorize us to charge that method for all applicable fees.

5.3 Courier costs. Delivery prices are set and charged by the Courier Partner through the Merchant's Courier Account. Quotes shown in the Service reflect the Courier Partner's price exactly, with no LastFolk margin, and may change until the delivery is booked.

5.4 Taxes. Fees are exclusive of taxes. You are responsible for any applicable taxes other than taxes on our net income.

5.5 Refunds and disputes. Except as required by law or expressly stated, fees are non-refundable. Billing disputes must be raised within 30 days of the charge.

5.6 Non-payment. We may suspend or terminate the Service for overdue amounts.

5.7 Billing currency. Subscription and overage fees are charged in USD, EUR, GBP or CAD, depending on the Merchant's billing country. If the Merchant's local currency is not one of those four, any conversion, and any fee or spread applied by the Merchant's bank or card issuer, is the Merchant's responsibility. LastFolk does not guarantee any exchange rate.

5.8 Free Trial. (a) New Merchants may receive one Free Trial of 14 days on any plan. The Free Trial is granted when the Merchant starts a subscription to a plan, and the 14 days start when the Merchant sends its first delivery through the Service in production. Time spent obtaining or connecting a Courier Account does not count against the 14 days, because no delivery can be sent without one (section 4.1).

(b) No payment method is required to start the Free Trial. No subscription or overage fees are charged during it. Delivery costs are always charged by the Courier Partner, including during the Free Trial.

(c) The Free Trial ends 14 days after the first delivery sent in production. If no delivery is sent within 180 days of the grant, the Free Trial ends on that 180th day.

(d) When the Free Trial ends, the subscription for the selected plan starts and is charged to the payment method on file, if there is one. If there is no valid payment method, dispatch through the Service is paused, with no charge, until the Merchant adds a payment method and resumes the subscription from the Service.

(e) The Merchant can cancel at any time during the Free Trial from the Service, and will not be charged.

(f) One Free Trial per Merchant. LastFolk may refuse or end a Free Trial it reasonably believes is being obtained through repeated or duplicate accounts.

The Service relies on and interoperates with third parties (Courier Partners, payment processor, hosting, address/mapping, e-commerce platforms). Your use of those services may be subject to their own terms. LastFolk is not responsible for the acts, omissions, availability, pricing, performance, delays, loss, or damage caused by Courier Partners or other third parties. Delivery outcomes — including timing, condition of goods, and completion — are the responsibility of the Courier Partner performing the delivery.

LastFolk and its licensors own all rights in the Service, including software, design, and trademarks. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during the term, solely for your internal business purposes. You may not copy, modify, reverse engineer, resell, or create derivative works from the Service except as permitted by law.

Each party will comply with applicable data-protection laws. Our handling of personal information is described in our Privacy Policy. As between the parties, you are the controller of your End Customer data and LastFolk processes it to provide the Service on your behalf. Where LastFolk processes personal data on your behalf, that processing is governed by our Data Processing Agreement (DPA), which is incorporated into these Terms by reference and available at /dpa or via contact@lastfolk.com. You are responsible for having a lawful basis and appropriate notices to share End Customer data with the Service and Courier Partners.

The Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that rating, dispatch, or tracking data will always be accurate or available. Some jurisdictions do not allow the exclusion of certain warranties; some of the above may not apply to you.

To the maximum extent permitted by law: (a) LastFolk will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business interruption; and (b) LastFolk's total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (i) the amounts you paid to LastFolk for the Service in the three (3) months preceding the event giving rise to the claim, or (ii) USD 100. These limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose. Nothing limits liability that cannot be limited by law.

You will defend, indemnify, and hold harmless LastFolk and its members, officers, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: your use of the Service; the goods you sell or deliver; your violation of these Terms or of any law; or your infringement of any third-party right.

These Terms apply while you use the Service. You may stop using and uninstall the Service at any time. We may suspend or terminate access for breach, risk to the Service or others, non-payment, or as required by law. Provisions that by their nature should survive (including fees owed, IP, disclaimers, limitation of liability, indemnification, and governing law) survive termination.

The Merchant may cancel a paid subscription at any time. Cancellation takes effect at the end of the current billing period, the Service remains available until then, and fees already paid are not refunded pro rata, except where the law requires otherwise.

We may modify the Service or these Terms. If we make material changes to the Terms, we will provide notice (for example, by posting an updated version with a new date or via the Service). Continued use after changes take effect constitutes acceptance.

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labor disputes, governmental action, failures or disruptions of telecommunications, internet, hosting, payment, mapping, or Courier Partner services, or the acts or omissions of third parties. The affected party will make reasonable efforts to mitigate the impact and resume performance.

You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive sanctions, and that you are not on any restricted-party or sanctions list maintained by the United States (including OFAC), the European Union, the United Kingdom, or other applicable authority. You will not use the Service in violation of any applicable export-control or sanctions laws. We may suspend or terminate access if we reasonably believe continued provision would violate such laws.

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-laws rules. Any dispute will be resolved by binding arbitration on an individual basis (no class actions), administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, seated in Wyoming, except that either party may seek injunctive relief in court to protect its intellectual property or confidential information. If arbitration is unenforceable, the state and federal courts located in Wyoming will have exclusive jurisdiction. Nothing in this section deprives you of the protection of mandatory provisions of the law of your country of establishment that cannot be derogated from by agreement.

These Terms, together with the Privacy Policy and any plan terms, are the entire agreement between you and LastFolk regarding the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing creates a partnership, agency, or employment relationship.

Pictorica Devs LLC (LastFolk) — contact@lastfolk.com — 30 North Gould Street, Sheridan, Wyoming, United States.

Pictorica Devs LLC (trading as LastFolk; pictorica.dev) is established in the United States. For the purposes of Article 13 of the EU Digital Services Act (Regulation (EU) 2022/2065), we have appointed a Legal Representative in the European Union:

DataRep (Data Protection Representative Limited), 77 Camden Street Lower, Dublin, D02 XE80, Ireland (Company Registration No. 616588).

You may contact our DSA Legal Representative on matters relating to the Digital Services Act by:

Email: digitalrequest@datarep.com — quoting "LastFolk; pictorica.dev" in the subject line; Online webform: www.datarep.com/data-request; Post: DataRep, The Cube, Monahan Road, Cork, T12 H1XY, Republic of Ireland; Phone: +353 (1) 919 8899.

When contacting our Representative by post, please mark your correspondence for the attention of "DataRep" (not "LastFolk"), and refer to "LastFolk; pictorica.dev" in your message, otherwise it may not reach us. For general questions about our services, please contact us directly at contact@lastfolk.com.