TUTUFY

TERMS OF SERVICE

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE TUTUFY PLATFORM, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS.

IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM

1. INTRODUCTION AND ACCEPTANCE OF TERMS

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Tutufy, Inc., a Minnesota corporation (“Tutufy,” “we,” “us,” or “our”), governing your access to and use of the Tutufy website, mobile application, and related services (collectively, the “Platform”).

By creating an account, accessing, or using the Platform in any manner, you represent that:

(a) you have read, understood, and agree to be bound by these Terms;
(b) you are at least 18 years of age;
(c) you have the legal authority to enter into this agreement; and
(d) your use of the Platform does not violate any applicable law or regulation.

We reserve the right to modify these Terms at any time. Continued use of the Platform after modification constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. TUTUFY IS A MARKETPLACE — NOT A LOGISTICS OR SHIPPING PROVIDER

CRITICAL NOTICE: Tutufy is exclusively a technology marketplace platform. Tutufy does not provide, and is not responsible for, any shipping, delivery, transportation, courier, or logistics services.

Tutufy operates solely as an online marketplace and technology intermediary that connects independent users who wish to send items (“Senders” or “Scoutrs”) with independent users who have spare luggage capacity and wish to carry items for compensation (“Travelers”). Tutufy is not, and shall not be construed to be, a freight forwarder, courier, shipper, carrier, transportation company, logistics provider, or common carrier of any kind.

The services facilitated through the Platform are performed exclusively by independent Travelers and Senders. Tutufy exercises no control over, and makes no representations regarding: the identity, qualifications, or reliability of any Traveler or Sender; the condition, safety, legality, or fitness of any item transported; the timeliness or completion of any delivery; or any arrangement made between Users.

Tutufy shall not be a party to any transaction, agreement, or arrangement between Users. Any contract for the carriage of goods is formed exclusively between the Sender and the Traveler. Tutufy’s role is limited to providing the technological infrastructure through which such parties may connect. All Users act solely in their personal capacity and not as agents, representatives, partners, employees, or affiliates of Tutufy.

3. DEFINITIONS

The following definitions apply throughout these Terms:

“Platform” means the Tutufy website, mobile application, software, tools, and all related services and content.
“Sender” or “Scoutr” means any User who lists a shipment request seeking to have an item transported.
“Traveler” means any User who accepts a shipment request and undertakes to transport an item.
“User” means any individual or entity accessing or using the Platform, including Senders, Travelers, and visitors.
“Listing” means a shipment request posted by a Sender on the Platform.
“Transaction” means the arrangement entered into between a Sender and Traveler for the transportation of an item.
“KYC” means Know Your Customer identity verification processes conducted on Users.
“Escrow” means the temporary holding of Sender funds by a third-party payment processor pending delivery confirmation.
“Prohibited Items” means items that may not be transported through the Platform as defined in the Prohibited Items Policy (Exhibit 3).

4. ELIGIBILITY AND REGISTRATION

4.1 Eligibility Requirements

To use the Platform, you must:

(a) be at least 18 years of age;
(b) have the legal capacity to enter into binding contracts under applicable law;
(c) not be prohibited from using the Platform under the laws of your jurisdiction;
(d) successfully complete Tutufy’s identity verification process; and
(e) agree to and comply with all applicable laws and these Terms.

4.2 Account Registration

You must create an account to use most Platform features. You agree to:

(a) provide accurate, current, and complete information;
(b) maintain and promptly update your account information;
(c) keep your login credentials confidential;
(d) notify Tutufy immediately of any unauthorized account access; and
(e) be solely responsible for all activity conducted through your account.

Tutufy reserves the right to suspend or terminate any account at its sole discretion, including for suspected fraud, misrepresentation, or violation of these Terms, without prior notice and without liability.

4.3 Identity Verification (KYC)

All Users are required to complete identity verification through Tutufy's third-party KYC provider prior to transacting on the Platform. Completion of the KYC process does not constitute an endorsement, guarantee, or warranty by Tutufy as to any User's reliability, trustworthiness, honesty, or character. Tutufy expressly disclaims any responsibility for the accuracy of KYC results and for any acts or omissions of verified Users.

5. SENDER OBLIGATIONS AND RESPONSIBILITIES

5.1 Sender Representations

By posting a Listing or using the Platform as a Sender, you represent, warrant, and agree that:

Ownership: You are the lawful owner of, or have full legal authority to ship, the item(s) listed;
Accuracy: All information provided in your Listing is accurate, complete, and not misleading, including item description, dimensions, weight, and declared value;
Legality: The item(s) you are sending are legal to possess, transport, and import/export under all applicable laws of the country of origin, transit, and destination;
Prohibited Items: The item(s) do not constitute Prohibited Items as defined in Exhibit 3 hereof;
Disclosure: You have disclosed all material facts about the item(s) to the Traveler;
Compliance: You will comply with all applicable customs, import/export, and airline regulations;
Declaration: You will accurately declare the full replacement value of the item(s);
Cooperation: You will cooperate with and provide any documentation required by customs or regulatory authorities;
Risk: You will not attempt to transport items that you know or have reason to believe may be subject to seizure, search, or customs delay;
Safety: You will securely package items for transport and take all reasonable precautions to prevent damage to the Traveler’s property.

5.2 Sender Liability

Senders bear sole and exclusive responsibility and liability for: the legality, accuracy of declaration, and regulatory compliance of all items listed or sent; any customs duties, taxes, fines, penalties, or forfeitures imposed in connection with transported items; any damage to the Traveler’s luggage, personal property, or reputation arising from transported items; any harm to third parties caused by the items transported; and all consequences of misrepresentation or non-disclosure regarding item contents or value. Tutufy shall have no responsibility for lost, damaged, stolen, or seized items. Any claims arising from a Transaction shall be pursued solely between the Sender and the Traveler.

6. TRAVELER OBLIGATIONS AND RESPONSIBILITIES

6.1 Traveler Representations

By accepting a shipment request or using the Platform as a Traveler, you represent, warrant, and agree that:

Inspection: You will personally inspect all items before accepting them for transport;
Compliance check: You will only accept items you have personally inspected and are satisfied are legal, properly declared, and compliant with airline, customs, and applicable regulations;
Personal responsibility: You understand that accepting a package creates obligations under your airline’s luggage policies and applicable customs laws, for which you — not Tutufy — are solely responsible;
Customs Declaration: You will accurately declare all items you are carrying as required by customs and immigration authorities;
Suspicious items: You will not carry items that appear suspicious, undisclosed, or that you cannot verify as compliant;
Delivery Confirmation: You will complete agreed-upon deliveries and use the Platform's verification process for delivery confirmation;
Duty of Care: You will take reasonable care of items while in your custody;
Airline Rules: You will comply with all airline baggage restrictions and regulations applicable to your travel;
Knowledge of Laws: You are solely responsible for understanding and complying with customs regulations at your origin, transit, and destination;
Non-representation: You will not represent yourself as an agent, employee, or representative of Tutufy to any third party, customs officer, or airline.

6.2 Right to Refuse

Travelers have the absolute right to refuse to accept or carry any item for any reason. Tutufy strongly encourages Travelers to inspect all items thoroughly before acceptance and to decline any shipment they are uncertain about. The decision to carry any item is solely that of the Traveler, and Tutufy shall bear no responsibility for the Traveler’s acceptance or rejection of any shipment.

6.3 Traveler Liability

Travelers bear sole and exclusive responsibility and liability for: their compliance with airline, customs, and border control regulations; the accurate and complete declaration of all items in their possession; any customs violations, fines, or penalties incurred; any loss or damage to items in their custody; and their failure to complete agreed-upon deliveries without valid cause.

7. PAYMENT TERMS AND ESCROW

7.1 Payment Processing

All payments on the Platform are processed by third-party payment processors. Tutufy does not hold, control, or process payments directly. Tutufy is not responsible for payment processor errors, failures, or disputes. Senders authorize payment to be held in escrow upon Transaction confirmation.

7.2 Escrow and Release

Sender funds are held in escrow by a third-party payment processor and are released to the Traveler only upon Delivery Confirmation as defined by the Platform's verification process. Tutufy acts solely as a facilitator of this process and is not the escrow agent. Tutufy disclaims any liability for disputes arising from the escrow process or payment release.

7.3 Platform Fees

Tutufy charges a platform service fee as disclosed on the Platform at the time of transaction. Fees are non-refundable except as expressly stated in these Terms. Tutufy reserves the right to modify fees at any time with notice to Users.

7.4 Taxes

Each User is solely responsible for determining and paying all applicable taxes arising from Transactions. Tutufy does not provide tax advice and is not responsible for tax compliance by Users.

7.5 Insurance

Tutufy does not provide insurance for items transported through the Platform. Senders and Travelers are encouraged to obtain their own insurance coverage for loss or damage. Any insurance services offered through the Platform are provided solely by third-party insurance providers and are subject to their separate terms and conditions.

8. PROHIBITED CONDUCT

In addition to the Prohibited Items Policy (Exhibit 3), Users must not:

Illegal use: Use the Platform for any illegal purpose or in violation of any applicable law;
False listings: Post false, misleading, or fraudulent Listings;
Circumvention: Attempt to circumvent the Platform's payment system or conduct transactions off-platform to avoid fees;
Harassment: Harass, threaten, or harm other Users;
Data collection: Attempt to collect excessive personal data from other Users;
Smuggling: Use the Platform to smuggle contraband or evade customs;
Impersonation: Impersonate any person or entity;
Security interference: Interfere with the Platform's security, operations, or integrity;
Automation: Use automated means to access the Platform without Tutufy's written consent;
Reputation damage: Use the Platform in any manner that could damage Tutufy's reputation or business.

9. RATINGS, REVIEWS, AND USER CONTENT

Users may submit ratings and reviews of other Users following a Transaction. By submitting content, you grant Tutufy a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content on the Platform. You represent that all content you submit is truthful and based on your actual experience. Tutufy reserves the right to remove any content that violates these Terms without notice or liability.

Ratings and reviews on the Platform are generated by Users and do not constitute endorsements by Tutufy. Tutufy makes no warranty as to the accuracy, reliability, or legitimacy of any User-generated rating or review.

10. INTELLECTUAL PROPERTY

The Platform and all content, features, and functionality (including but not limited to software, text, graphics, logos, and designs) are owned by Tutufy and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for its intended purpose. No rights are transferred to you by these Terms other than as expressly stated herein.

11. DISCLAIMERS OF WARRANTIES

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TUTUFY EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Tutufy does not warrant that:

(a) the Platform will be uninterrupted, secure, or error-free;
(b) any defects in the Platform will be corrected;
(c) the Platform or servers are free of viruses or harmful components;
(d) any User will complete a Transaction;
(e) any item will be delivered safely, timely, or at all;
(f) any User’s representations are accurate or truthful; or
(g) the identity verification process will detect all fraudulent identities.

12. LIMITATION OF LIABILITY

See Exhibit 5 for comprehensive Dispute Resolution and Liability Limitation provisions, which are incorporated herein by reference.

13. INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Tutufy, its officers, directors, employees, contractors, agents, successors, and assigns 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:

Your access to or use of the Platform;
Your violation of these Terms;
Your violation of any applicable law, rule, or regulation;
Any item you send or carry through the Platform;
Any misrepresentation you make to another User or to Tutufy;
Any dispute between you and another User;
Any injury, death, loss, or damage caused to any person or property in connection with any Transaction;
Any customs violation, fine, or regulatory penalty arising from your use of the Platform;
Any third-party claim arising from your conduct on the Platform.

14. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to conflict-of-law principles. See Exhibit 5 for comprehensive dispute resolution provisions.

15. GENERAL PROVISIONS

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
Entire Agreement: These Terms, together with the Privacy Policy, Prohibited Items Policy, User Acknowledgment, and Dispute Resolution provisions incorporated herein, constitute the entire agreement between you and Tutufy with respect to the Platform and supersede all prior agreements.
Waiver: Tutufy’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
Assignment: You may not assign or transfer your rights under these Terms without Tutufy's prior written consent. Tutufy may assign its rights without restriction.
Notices: Tutufy may provide notices to you via email, platform notification, or posting on the Platform. Notices to Tutufy must be sent to: Tutufy, Inc., 7541 Jersey Ave N, Brooklyn Park, MN 55428, Minnesota, or support@tutufy.com.
Force Majeure: Tutufy shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, government actions, natural disasters, pandemic, or telecommunications failures.