Terms of service

Last Updated: July 18, 2025

Welcome to Knife Shift! Our platform, including our websites, mobile applications, and related services (collectively, the “Platform”), enables culinary brands and other businesses (“Vendors”) to sell branded merchandise and other items directly to shoppers (“Buyers”). By visiting our Platform and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein. These Terms apply to all users of the Platform, including without limitation Vendors, browsers, customers, and/or contributors of content.

Please read these Terms carefully before accessing or using our Platform. By accessing or using any part of the Platform, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Platform or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes.

SECTION 1: OVERVIEW & SELLER ROLES

The seller of record for any product purchased on the Platform varies depending on the product type, as defined below.

1.1: Role as a Marketplace for Direct Vendor Sales

For most products on the Platform, Knife Shift acts as an intermediary service provider. We provide the technology Platform that allows Vendors to sell their products directly to Buyers. For these transactions, the Vendor is the seller of record, and the contract of sale is between the Buyer and the Vendor. Knife Shift does not process, handle, store, or ship any items sold directly by Vendors. This section does not apply to Knife Shift Originals or Vendor Products Sold by Knife Shift, for which Knife Shift is the seller of record.

1.2: Knife Shift Originals

In addition to hosting Vendors, we also sell our own branded product line, “Knife Shift Originals.” When purchasing these products, you are buying directly from Knife Shift, and Knife Shift is the seller of record. We are responsible for all aspects of these transactions, including fulfillment and customer support.

1.3: Vendor Products Sold by Knife Shift

In some cases, Knife Shift operates as a direct retailer for products that originate from our site vendors ("Vendor Products Sold by Knife Shift"). These are products that Knife Shift has purchased wholesale and holds in our own inventory for resale.

When you purchase an item designated as a "Vendor Product Sold by Knife Shift," you are buying directly from Knife Shift, not the original vendor. Accordingly:

  • Seller of Record: For all Vendor Products Sold by Knife Shift, Knife Shift is the seller of record and is responsible for the transaction.
  • Fulfillment & Shipping: We manage all logistics for these orders, including shipping, handling, and delivery from our own inventory. The originating vendor’s shipping policies do not apply.
  • Returns & Customer Support: All returns, refunds, or support requests related to these products are governed by Knife Shift’s own policies and should be directed to us.
  • Designation: Products falling into this category will be clearly marked on the product page as being "Sold & Shipped by Knife Shift" or with a similar designation to distinguish them from items sold directly by Vendors.

1.4: General Conditions & Relationships

We reserve the right to refuse Service to anyone for any reason at any time. Nothing in these Terms creates any agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship between Knife Shift and any Vendor or user. All parties are and shall remain independent contractors.

SECTION 2: ELIGIBILITY & REGISTRATION

By using the Platform, you represent that you are at least the age of majority in your state or province of residence. If you are using the Platform on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms. You may not use our products for any illegal or unauthorized purpose. A breach or violation of any of the Terms will result in an immediate termination of your Services.

2.1: Vendor Eligibility

Vendors must provide accurate and complete information and maintain the accuracy of such information. Vendors are responsible for obtaining all necessary licenses, permits, and certifications to sell their merchandise. Knife Shift reserves the right to reject, suspend, or terminate any account at our sole discretion.

SECTION 3: ACCOUNT RESPONSIBILITIES

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. Knife Shift will not be liable for any loss or damage arising from your failure to comply with this section.

SECTION 4: PLATFORM USE & PROHIBITED ITEMS

You agree not to use the Platform to:

  • Engage in any unlawful, fraudulent, or malicious activities.
  • Violate any international, federal, state, or local laws and regulations.
  • Harass, abuse, defame, slander, discriminate, or intimidate others.
  • Infringe upon our intellectual property rights or the intellectual property rights of others.
  • Upload or transmit viruses, malware, or any other malicious code.
  • Collect or misuse the personal information of others.
  • Spam, phish, pharm, pretext, spider, crawl, or scrape.
  • Interfere with the security features of the Service.

4.1: Prohibited & Restricted Items

Vendors are prohibited from listing or selling any items that are illegal, counterfeit, stolen, or that infringe on intellectual property rights. Additionally, the following items are strictly prohibited:

  • Alcohol, tobacco, e-cigarettes, and related paraphernalia.
  • Controlled substances, drugs, and firearms.
  • Hazardous, toxic, or flammable materials.
  • Pornography or obscene materials.
  • Perishable food items, or any food item that requires refrigeration or temperature control.
  • Any item that we determine, in our sole discretion, is inappropriate for the Platform.

Vendors may sell certain pre-approved, shelf-stable, and properly packaged dry goods (such as spices or coffee beans) provided they comply with all applicable food safety and labeling laws.

SECTION 5: VENDOR OBLIGATIONS

This section applies to Vendors selling their products directly to Buyers under the marketplace model (Section 1.1).

5.1: Product Listings, Orders, and Fulfillment

Vendors are solely responsible for accurately describing and pricing their merchandise, fulfilling orders in a timely manner, and providing customer service for their Buyers.

5.2: Commission & Fees

We charge Vendors a commission on each sale. Applicable commission rates and fees will be communicated at the time of registration or via subsequent written notice. We may change our fee structure at any time with at least 30 days’ notice.

5.3: Taxes & Regulatory Compliance

Vendors are solely responsible for determining, collecting, reporting, and remitting all applicable taxes (including sales, use, or VAT) associated with their sales. Knife Shift is not a marketplace facilitator for tax purposes in any jurisdiction unless explicitly required by law.

5.4: Product Safety and Recalls

Vendors represent and warrant that their products are safe for consumer use and comply with all applicable safety standards and regulations. In the event of a product recall or safety concern, the Vendor is solely responsible for all actions and costs, including notifying Buyers and coordinating the return or disposal of affected products.

5.5: Vendor Insurance

All Vendors are required to maintain, at their own expense, a commercial general liability insurance policy with coverage amounts appropriate for their business and products sold. This policy must name Knife Shift LLC as an additional insured. Upon request, Vendors must provide a certificate of insurance to Knife Shift.

SECTION 6: PAYMENTS AND DISPUTES

Payments on the Platform are processed by third-party payment providers. In the event of a payment dispute, you should first contact the other party to the transaction (the seller of record). We may attempt to facilitate a resolution but do not guarantee any particular outcome.

SECTION 7: SHIPPING, RETURNS, AND REFUNDS

The policies for shipping, returns, and refunds are determined by the seller of record for the product in question.

  • For Direct Vendor Sales (Sec 1.1), each Vendor is responsible for establishing and honoring their own policies.
  • For Knife Shift Originals (Sec 1.2) and Vendor Products Sold by Knife Shift (Sec 1.3), Knife Shift’s policies apply.

Knife Shift is not liable for any disputes related to shipping or returns for items sold directly by Vendors.

SECTION 8: INTELLECTUAL PROPERTY

8.1: Vendor Content License

Vendors grant Knife Shift a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute the content (e.g., logos, product images, descriptions) they upload to the Platform for the purposes of operating and marketing the Service.

8.2: User Generated Content (UGC)

You agree that we may, at any time, without restriction, edit, copy, publish, and otherwise use in any medium any comments or other materials you send us. We are not responsible for any UGC and assume no liability for any UGC posted by you or any third-party.

8.3: Intellectual Property Complaints (DMCA)

We respect the intellectual property of others. If you believe your IP rights have been infringed, please send a DMCA-compliant notice to our designated agent with all legally required information.

  • DMCA Agent: Knife Shift Legal Department
  • Email: legal@knifeshift.com
  • Address: 11166 Fairfax Blvd Suite 500 #1036, Fairfax, VA 22030

SECTION 9: MOBILE MESSAGING SERVICE

The Knife Shift mobile message service (the "MMS") is operated by Knife Shift LLC. Your use of the MMS constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the MMS or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the MMS following the effective date of any such changes shall constitute your acceptance of such changes...

SECTION 10: THIRD-PARTY TOOLS & LINKS

We may provide you with access to optional third-party tools or links to third-party websites. We provide these “as is” and “as available” without any warranties or endorsement. We shall have no liability whatsoever arising from your use of optional third-party tools or websites.

SECTION 11: PRIVACY POLICY

Your submission of personal information through the Platform is governed by our Privacy Policy. Please review our Privacy Policy to understand our practices.

SECTION 12: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

12.1: “As-Is” Basis

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2: Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL KNIFE SHIFT, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.

OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU HAVE PAID TO KNIFE SHIFT IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Knife Shift and our parent, subsidiaries, affiliates, partners, officers, directors, agents, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third-party.

SECTION 14: DISPUTES AND RELEASE

14.1: Disputes Between Users & Release

For transactions where a third-party Vendor is the seller of record, if you have a dispute with one or more users, you release Knife Shift from any and all claims, demands, and damages of every kind, known and unknown, arising out of or in any way connected with such disputes.

14.2: Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

You agree that any dispute or claim arising out of these Terms or your use of the Platform shall be resolved by binding arbitration rather than in court. The arbitration will be administered by JAMS in Fairfax, Virginia, under its applicable rules.

ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

The arbitrator's decision will be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

SECTION 15: TERMINATION

We reserve the right to terminate or suspend your account and access to the Service at our sole discretion, without notice, for any reason, including a breach of these Terms. Provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

SECTION 16: GENERAL PROVISIONS

Governing Law: These Terms shall be governed by the laws of the Commonwealth of Virginia.

Severability: If any provision of these Terms is deemed unlawful or unenforceable, that provision will be severable, and the remaining provisions will remain in full force and effect.

Entire Agreement: These Terms, along with any policies posted by us, constitute the entire agreement between you and us, superseding any prior agreements.

Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time without notice.

SECTION 17: ADDITIONAL CONSUMER REGULATIONS

If you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). Please review our Privacy Policy or contact us at legal@knifeshift.com for more information.

SECTION 18: CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at legal@knifeshift.com.