[PLATFORM] Terms of Service
DRAFT FOR ATTORNEY REVIEW. NOT YET IN EFFECT. Prepared 2026-08-25. This draft was prepared with AI assistance and is not legal advice. A licensed attorney must review it before publication. Bracketed placeholders to fill: [COMPANY LEGAL NAME] (the California C corporation), [PLATFORM] (brand name), [DOMAIN], [PHYSICAL ADDRESS], [SUPPORT EMAIL], [LEGAL EMAIL], [DMCA AGENT NAME/EMAIL], [REPORT PHONE NUMBER], [ARBITRATION VENUE COUNTY], [EFFECTIVE DATE]. Companion documents: Privacy Policy, Fee Schedule page (/fees), LEGAL_COMPLIANCE_NOTES.md.
Effective date: [EFFECTIVE DATE]
Welcome to [PLATFORM]. These Terms of Service (the "Terms") are a binding contract between you and [COMPANY LEGAL NAME], a California corporation ("[PLATFORM]", "we", "us", or "our"), and govern your use of the website at [DOMAIN], our applications, and the services we provide through them (together, the "Services").
Each section begins with a short plain-language summary. The summaries are for convenience only. They are not part of the Terms and do not change their meaning.
PLEASE READ SECTION 19 CAREFULLY. IT REQUIRES THAT DISPUTES BETWEEN YOU AND [PLATFORM] BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 19.8.
1. Acceptance of These Terms
In plain terms: creating an account or using [PLATFORM] means you agree to these Terms and the policies they incorporate.
1.1. By creating an account, clicking to accept, or using the Services in any manner, you agree to these Terms. If you do not agree, do not use the Services.
1.2. The following documents are incorporated into these Terms by reference: our Fee Schedule and any feature-specific terms or policies we post on the Services. If a feature-specific term conflicts with these Terms, the feature-specific term controls for that feature. Our Privacy Policy describes how we handle personal information; please read it.
1.3. These Terms are entered into electronically. You consent to contracting electronically under the U.S. E-SIGN Act (15 U.S.C. § 7001) and the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.). See Section 22 (Electronic Communications).
2. Eligibility and Accounts
In plain terms: you must be 18 or older, give accurate information, keep your login secure, and hold only one account. Two-factor authentication is required.
2.1. Age. You must be at least 18 years old and able to form a binding contract to use the Services. The Services are not directed to minors. If we learn that a user is under 18, we will terminate the account. A user under 18 who nonetheless posted content on the Services may request removal of that content under Cal. Bus. & Prof. Code § 22581, and parents or guardians may also contact us, in each case at [SUPPORT EMAIL]; removal from public view does not ensure complete or comprehensive removal from our systems.
2.2. Account information. You agree to provide accurate, current, and complete information when registering and to keep it current, including a working email address and, where required, a verified phone number. We may require identity verification at any time (Section 7.6).
2.3. Security. Two-factor authentication is required for every account. You are responsible for all activity under your account and for keeping your credentials confidential. Notify us immediately at [SUPPORT EMAIL] of any unauthorized use.
2.4. One account. You may hold only one account. Accounts are personal to you and may not be sold, transferred, or shared. Creating additional accounts to evade limits, suspensions, fees, or fee-tier calculations is prohibited.
2.5. Sanctions eligibility. You represent that you (a) are not located in, organized in, or a resident of any jurisdiction subject to comprehensive U.S. sanctions (currently Cuba, Iran, North Korea, and the Crimea, Donetsk, and Luhansk regions of Ukraine, as updated from time to time); (b) are not listed on any U.S. government restricted-party list, including the Treasury Department's Specially Designated Nationals List; and (c) will not use the Services in violation of U.S. export controls or sanctions laws. See Section 20.4.
3. Our Role: A Marketplace, Not a Party to the Sale
In plain terms: [PLATFORM] is the venue. The sale contract is between the buyer and the seller. We never own the items, and buying secondhand carries inherent risk.
3.1. The Services provide a marketplace where users can list, discover, buy, and sell fashion items ("Items"). Users who buy are "Buyers"; users who sell are "Sellers." When a purchase is made, the contract for the sale of the Item is formed directly between the Buyer and the Seller. [PLATFORM] is not a party to that contract.
3.2. [PLATFORM] does not buy, own, take title to, possess, inspect, or ship Items (except where an Item is returned or surrendered to us under these Terms). We are not an auctioneer, consignee, retailer, shipping carrier, insurer, or authentication service, and we do not guarantee the existence, quality, safety, condition, authenticity, or legality of any Item, the truth or accuracy of any listing, or that a Buyer or Seller will complete a transaction.
3.3. Payment collection agent. Each Seller appoints [COMPANY LEGAL NAME] as the Seller's limited agent solely for the purpose of receiving payments from Buyers on the Seller's behalf through our payment processor. A Buyer's full payment to us discharges the Buyer's payment obligation to the Seller for that order, whether or not we later remit the funds to the Seller.
3.4. Inherent risk. Buying and selling secondhand goods with other members of the public carries inherent risk. You assume that risk when you transact. Use good judgment: read listings fully, review photos, check seller history, and keep all communication and transactions on the platform.
3.5. Off-platform activity. Transactions arranged, negotiated, or completed off the Services (including to avoid fees) receive no protection from us, are at your sole risk, and are grounds for suspension or termination. We have no obligation to assist with any off-platform transaction.
4. Buying
In plain terms: an order or accepted offer is a binding purchase. The price you see at checkout includes the item, shipping, and tax. Delivery to the address you gave, confirmed by tracking, completes the transaction.
4.1. Binding purchase. Placing an order, or making an offer that the Seller accepts, is a binding commitment to purchase the Item at the stated price. Offers may carry an expiration window shown in the Services. Review the listing carefully before you commit.
4.2. Pricing and what you pay. The total you pay is itemized before you confirm the purchase: the Item price, the shipping charge for the Item (Section 4.4), and applicable taxes (Section 4.3). The displayed Item price includes any mandatory charge other than taxes and shipping, and we do not add mandatory fees at checkout that were not displayed to you.
4.3. Taxes. Where marketplace facilitator laws apply (including California's Marketplace Facilitator Act, Cal. Rev. & Tax. Code §§ 6040-6049.5), we calculate, collect, and remit sales or use tax on facilitated sales. The tax amount appears at checkout.
4.4. Shipping charge. Sellers do not set shipping prices. Each listing displays a shipping charge determined by us for the Item's category and shipping method; that charge covers the cost of delivery and includes a handling component retained by [PLATFORM] as disclosed in the Fee Schedule.
4.5. Address accuracy and delivery fulfillment. You are responsible for the accuracy of your shipping address at checkout. A transaction is fulfilled when carrier tracking shows delivery to the address you provided. We cannot re-route packages, and claims of non-receipt are not eligible where tracking confirms delivery to that address (Section 6).
4.6. Title and risk. Title to an Item passes from Seller to Buyer upon the Seller's delivery of the Item to the carrier, and risk of loss passes to the Buyer upon carrier delivery to the Buyer's provided address, except as otherwise required by law or expressly provided by these Terms (for example, a Buyer Protection resolution).
4.7. International purchases. If you buy from outside the United States, Section 20 (International Users) applies, including your responsibility for customs duties and import taxes.
5. Payments, Escrow, and Payouts
In plain terms: Stripe processes payments and the money sits with Stripe until the item arrives. The seller is paid no later than 3 days after tracked delivery unless there is an open claim, a fraud review, or a legal hold.
5.1. Payment processing. Payments are processed by Stripe, Inc. ("Stripe"). We do not see or store full card numbers or bank credentials; that information goes directly to Stripe. Your use of payment services is also subject to Stripe's terms, and for Sellers, to the Stripe Connected Account Agreement (including the Stripe Terms of Service), which the Seller accepts when onboarding for payouts. We may add or remove payment methods (including any financing options our payment partners may offer) at any time.
5.2. Held funds ("escrow-style" flow). When a Buyer pays, the funds (less amounts due to us) are held by our payment processor and are not released to the Seller until the earlier of (a) the Buyer's confirmation of receipt, or (b) three (3) calendar days after carrier tracking shows delivery to the Buyer's provided address, in each case unless a hold applies. We may hold funds longer only as reasonably needed to (i) verify delivery, (ii) resolve an open Buyer Protection claim or dispute, (iii) complete a fraud, abuse, collusion, or sanctions review, or (iv) comply with legal process or applicable law.
5.3. Payout method. Payouts are made to the Seller's connected Stripe account. Sellers must complete Stripe's onboarding, identity, and bank-account requirements before receiving payouts. Bank posting times are outside our control.
5.4. Chargebacks, reversals, and Seller debts. If a Buyer payment is reversed, charged back, or refunded under these Terms after the Seller has been paid, or a Seller otherwise owes us amounts (including counterfeit remediation costs under Section 10.6 and shipping adjustments), the Seller must repay those amounts. You authorize us to set off any amounts you owe us against amounts held for payout to you or future payouts, and you authorize us and our payment processor to debit your connected account for such amounts and to invoice you for any remaining balance. Accounts with negative balances may be restricted until resolved.
5.5. Unclaimed funds. Keep your payout information current. Funds held for payout to you that remain unclaimed after the period specified by applicable unclaimed-property law are reported and escheated to the relevant state as required by law. We do not keep them.
5.6. Currency. All prices and payments are in U.S. dollars unless the Services state otherwise. Your card issuer may charge conversion fees for non-USD cards.
6. Buyer Protection, Claims, and Returns
In plain terms: sales are final, with one big exception. You have 3 days after delivery to report an item that never arrived, is not as described, or is counterfeit. If your claim is upheld you get a refund. The refund is the remedy.
6.1. Final sale baseline. Except as provided in this Section 6, or where the Seller or [PLATFORM] expressly agrees otherwise, all purchases are final and change-of-mind returns are not accepted.
6.2. Claim windows. A Buyer may open a claim through the Services:
(a) Not received: if tracking shows no delivery within the expected window. Claims are not available where carrier tracking confirms delivery to the address provided at checkout.
(b) Not as described: within three (3) calendar days after tracked delivery, where the Item received is materially different from the listing (wrong item, undisclosed damage or flaws, wrong size or color, missing components, or condition materially worse than described).
(c) Counterfeit: report as soon as possible. We will always review a counterfeit report, and we may accept counterfeit claims after the three-day window at our discretion.
6.3. Claim process. We may require photos, video, or other evidence, and may require the Buyer to return the Item as directed (with tracking) before a refund is issued. We may also require that a claimed counterfeit be sent to us or to a reviewer we designate, and we may decline to return to the Seller any Item we reasonably determine to be counterfeit (Section 10.6). Failure to cooperate with the claim process may result in denial of the claim.
6.4. Resolution. If we uphold a claim, the Buyer's remedy is a refund of the amount paid for the order (including shipping and tax, as applicable), issued to the original payment method or as credit at the Buyer's election where offered. A refund under this Section is the Buyer's sole and exclusive remedy against [PLATFORM] in connection with the Item. The funds held for the transaction are used to satisfy the refund; where the Seller is at fault, the Seller receives no payout for the order.
6.5. Escrow interaction. An open claim suspends the payout release described in Section 5.2 until the claim is resolved.
6.6. Abuse. Claims filed in bad faith (including returning a different item, damaging an item to justify a return, or serial claim abuse) are grounds for claim denial, account termination, and recovery of costs.
6.7. Chargeback election. If you initiate a card chargeback for a transaction, we may treat the chargeback process as the exclusive path for that dispute and close any open platform claim for the same transaction.
7. Selling
In plain terms: only list what you actually have and own, describe it honestly, ship within 7 days with tracking, and complete identity verification when we ask. Federal law makes some verification and disclosure mandatory for high-volume sellers.
7.1. Listing accuracy. You may list only Items that you own, that are in your possession, and that you are legally entitled to sell. For each listing you represent and warrant that: the Item is authentic and not counterfeit; the photos are of the actual Item being sold (no stock photos or other users' photos); the description, brand, size, and condition are accurate and disclose all material flaws; and the Item complies with these Terms, the Prohibited Items rules (Section 12), and applicable law. We may require proof of ownership, purchase, or possession at any time; failure to provide it is grounds for removing the listing and, for repeat or serious cases, suspending the account.
7.2. Listing tools. We may offer tools that assist with listing creation (including photo processing and, if offered, automated tagging or description suggestions). Output of any such tool is a suggestion only. You are responsible for the accuracy of your listing regardless of how it was created.
7.3. Shipping. Unless the order uses a prepaid label we provide, you must ship the Item within seven (7) calendar days of the order (or any shorter window shown at listing or sale), using tracked shipping to the address we provide, and upload valid tracking. Orders not timely shipped may be canceled and refunded to the Buyer, and repeated failures to ship are grounds for suspension. Where we provide a prepaid shipping label, you must use that label for the order, package the Item securely, and dispatch it within the same window. You are responsible for accurate customs information on international shipments (Section 20.3).
7.4. Your prices; fees at time of sale. You set the Item price. The fees that apply to a sale are those in effect under the Fee Schedule at the time of the sale (Section 8).
7.5. Payout conditions. Payouts follow Section 5. You are not entitled to payout for an order that is refunded under Section 6, canceled for non-shipment, or reversed for fraud.
7.6. Identity verification. We may require you to verify your identity (through our verification provider, currently Stripe Identity) and to provide taxpayer information (a) when thresholds under the INFORM Consumers Act or tax law are met, (b) when required by our payment processor, (c) when we identify risk signals on the account, or (d) as otherwise reasonably required for compliance. We may apply verification requirements at thresholds lower than federal law requires. Selling privileges and payouts may be suspended until verification is complete.
7.7. INFORM Consumers Act. Federal law (15 U.S.C. § 45f) requires online marketplaces to collect, verify, and keep current certain information about "high-volume third party sellers" (generally, sellers with 200 or more discrete sales of new or unused consumer products and $5,000 or more in gross revenue through the marketplace in a continuous 12-month period):
(a) if you meet the statutory definition, you must provide bank account, government identification, taxpayer identification, and contact information within ten (10) days of our request, and certify annually (and within ten (10) days of any change) that the information is current;
(b) we are required by law to suspend the selling privileges of a covered seller who fails to timely provide or certify this information, and we will do so;
(c) if your annual gross revenues through the Services reach $20,000 or more, federal law requires us to disclose your identity (full name, physical address subject to statutory exceptions, and contact information) in your listings or order confirmations, and you consent to that disclosure;
(d) information collected under this Section is used and secured as described in our Privacy Policy and as the statute requires.
7.8. Reporting suspicious activity. Buyers and other users can report suspicious marketplace activity to us by phone at [REPORT PHONE NUMBER] or electronically at [SUPPORT EMAIL] or through the in-app reporting tools. Reports are reviewed by our team.
7.9. Taxes on your sales. You are responsible for your own income and self-employment taxes. Our payment processor or we will issue IRS Form 1099-K and file state equivalents where legally required; current federal thresholds are published by the IRS. We may suspend payouts or selling privileges if you fail to provide required taxpayer information. Nothing in these Terms is tax advice.
7.10. Seller data duties. Buyer information you receive to fulfill an order (name, shipping address, contact details) may be used only to fulfill that order and comply with law. You may not add Buyers to marketing lists, sell or share their information, or contact them off-platform for other purposes without their express consent.
8. Fees
In plain terms: joining is free. When you sell, we take a commission set out on the Fee Schedule page; new sellers get an introductory rate. Fee changes get 14 days' notice and never apply retroactively.
8.1. Fee Schedule. Our current fees, including the seller commission (which varies with your trailing sales activity), any introductory or promotional pricing for new sellers, and the shipping handling component, are stated in the Fee Schedule at [DOMAIN]/fees, which is incorporated into these Terms. Creating an account and listing are free.
8.2. When fees apply. The fees for a transaction are those in effect at the time of the sale, and are deducted from the Buyer's payment before payout. Where the Fee Schedule provides an introductory rate (for example, reduced or waived commission for a new seller's initial sales), third-party payment processing costs may still be deducted as stated in the Fee Schedule.
8.3. Changes to fees. We may change the Fee Schedule by posting the updated schedule and giving at least fourteen (14) days' notice through the Services or by email. Changes apply to sales completed after the effective date of the change. Changes do not apply retroactively to completed sales, and offers accepted before the effective date keep the fees in effect when the offer was accepted.
8.4. No circumvention. Completing off-platform a transaction initiated on the Services to avoid fees is prohibited (Section 3.5).
8.5. Processing costs and other charges. Any other charge that applies to you (for example, payment processing costs in introductory-rate modes, or currency conversion by your bank) is either shown in the Fee Schedule or charged by your own financial institution.
9. Listing Visibility: Bumps and Ranking
In plain terms: Bumps are a free periodic refresh of your listing. Here is also how ranking works.
9.1. Bumps. Eligible listings may be "bumped" (refreshed toward the top of recency-based ordering) for free at the interval shown in the Services, or earlier when the listing's price is reduced by the disclosed percentage. Creating a listing counts as its first bump.
9.2. Ranking disclosure. Default browse ordering is by most recent bump or creation, newest first. Personalized surfaces (such as a "for you" feed, recommendations, and search) also use relevance signals such as your activity on the Services, listing quality, and popularity, as described in our Privacy Policy.
9.3. Rewards and promotions. We may offer promotional credits, rewards, or discounts. They have no cash value, are not transferable, may expire, and may be revoked for fraud, abuse, wash trading, or violation of these Terms. Fee-tier calculations exclude canceled, refunded, and fraudulent transactions.
10. Authenticity, Legit Check, and Automated Screening
In plain terms: moderator opinions and automated checks help the community spot fakes. They are opinions and signals, not certificates. Counterfeits are banned, buyers get refunded, and counterfeit sellers face removal, forfeiture of the sale, and possible referral to brands or law enforcement.
10.1. Legit Check threads. Listings may carry "Legit Check" discussion threads in which approved community moderators can post opinions about an Item's likely authenticity based on listing photos and information. Moderators are independent members of the community; they are not our employees, and they are not affiliated with, certified by, or acting for any brand.
10.2. Automated screening. We use automated systems to help screen listings, including duplicate and stolen-photo detection, metadata checks, and counterfeit-risk screening. Where an automated indicator is shown publicly, it is limited to a statement that no red flags were found; it is generated automatically and is not a determination of authenticity.
10.3. What authenticity signals are and are not. Legit Check opinions, automated screening results, badges, and any other authenticity-related signal on the Services: (a) are opinions or automated signals provided for information only; (b) are produced independently of the relevant brands, without brand data or assistance, and the brands are not responsible for and may not honor them; (c) are not a certificate of authenticity, proof of authenticity, appraisal, or guarantee of any kind, and may not be presented to any third party as such; (d) may be wrong; and (e) create no liability for [PLATFORM], moderators, or any reviewer to Buyer, Seller, or anyone else. Your remedy for an authenticity problem with a purchase is the Buyer Protection refund in Section 6, which is your sole and exclusive remedy against [PLATFORM].
10.4. Human review of adverse action. We do not remove a listing or suspend an account based solely on an automated authenticity determination: adverse enforcement decisions receive human review before they take effect. If your listing is removed or your account is restricted on authenticity grounds, you will be told the general basis for the decision (except where law or an active investigation prevents it) and may appeal through [SUPPORT EMAIL] or the in-app appeal channel, provide your point of view, and request human re-review.
10.5. No counterfeit listings. Listing, selling, or attempting to sell counterfeit or infringing Items is prohibited, is a material breach of these Terms, and may be a crime.
10.6. Counterfeit disposition. Where we reasonably determine an Item is counterfeit: the listing is removed; the sale (if any) is canceled and the Buyer refunded; the Seller receives no payout for the sale and must reimburse our reasonable costs (including return shipping and inspection); we may require that the Item not be returned to the Seller and, where the law permits or requires, may retain, destroy, or deliver the Item to the brand owner or law enforcement; and we may suspend or terminate the account. For sellers whose counterfeit activity we reasonably determine to be intentional, systematic, or repeated, pending payouts relating to counterfeit sales are forfeited to fund buyer refunds and remediation, and we may report the conduct to brands and authorities.
11. Your Content and License to Us
In plain terms: your photos, listings, and posts stay yours. You give us a license to use them to run and promote the platform, including training the models that power search, recommendations, and counterfeit screening. Don't post content you don't have rights to. We never restrict honest reviews.
11.1. Your content. "User Content" means content you submit to the Services: listing photos, videos, titles and descriptions, profile information, Legit Check posts, reviews, messages, offers, and any other material. You retain ownership of your User Content. You are solely responsible for it and represent that you have all rights needed to post it and to grant the license below, and that it does not infringe any third party's rights or violate any law.
11.2. License. You grant [COMPANY LEGAL NAME] a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify (including cropping, compressing, and editing photo backgrounds), adapt, publish, translate, publicly display, publicly perform, and distribute your User Content, in all media formats and channels now known or later developed, for the purposes of: (a) operating, providing, and improving the Services; (b) promoting and marketing the Services and your listings (including on social media and partner sites); and (c) developing, training, evaluating, and improving the automated systems that power the Services, including search, recommendation and personalization systems, fraud and abuse prevention, duplicate and stolen-photo detection, and item-integrity and counterfeit-screening systems. This license continues after a listing ends or an account closes to the extent the content has been incorporated into the systems described in (c), shared by other users, or retained for legal, safety, or record-keeping purposes as described in the Privacy Policy; we stop public display of your User Content after you delete it, except content that appears in other users' transaction records or public threads, and subject always to Section 2.1 and any legally required removal. Personal data within User Content is handled per the Privacy Policy.
11.3. Public content. Listings, profiles, Legit Check threads, reviews, and follows are public. Do not post content in public areas that you want to keep confidential. Direct messages are private to the participants but may be accessed and reviewed as described in the Privacy Policy (for example, for fraud prevention, dispute resolution, and policy enforcement).
11.4. Feedback. If you send us ideas or suggestions, we may use them without restriction or compensation.
11.5. Reviews. Nothing in these Terms restricts your right to post honest reviews or other lawful statements about us or about other users, and we do not impose penalties for them (Consumer Review Fairness Act, 15 U.S.C. § 45b; Cal. Civ. Code § 1670.8). We may remove content that is unlawful, deceptive, harassing, off-topic, or posted in exchange for undisclosed compensation.
11.6. Moderation. We may (but have no duty to) monitor, screen, remove, or restrict User Content that we reasonably believe violates these Terms, our policies, or applicable law, or creates risk for users or the platform. Where we remove your content or restrict your account, Section 16 (statement of reasons and appeals) applies.
11.7. Our IP. The Services, including software, design, text, graphics, logos, and trademarks, are owned by [COMPANY LEGAL NAME] or its licensors. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended purpose. No other rights are granted. Our trademarks may not be used without our written consent.
12. Prohibited Items
In plain terms: no fakes, no stolen or recalled goods, nothing illegal or dangerous, and exotic skins can ship only within the US.
12.1. You may not list or sell, and we may remove and report:
(a) counterfeit, replica, or unauthorized Items, or Items that infringe intellectual property rights;
(b) stolen Items or Items you do not own or lack authority to sell (including items merely on order or in transit: listing an Item requires present possession);
(c) recalled products, banned products, or products that fail applicable safety standards (Consumer Product Safety Act § 19, 15 U.S.C. § 2068). Check cpsc.gov/recalls before listing;
(d) Items made from protected wildlife (for example python, crocodile, alligator, and certain furs) except where lawful, and never for international shipment: CITES-listed materials may be listed for domestic U.S. delivery only (Section 20.5), and state-law restrictions (including California's) are the Seller's responsibility;
(e) weapons, ammunition, explosives, and hazardous materials;
(f) drugs, drug paraphernalia, alcohol, tobacco, and nicotine products;
(g) merchandise you are not authorized to resell, such as employee-only items, press samples, prototypes, and unreleased samples restricted by the brand;
(h) gift cards, currency, securities, and intangibles; media or software in violation of its license; and any item whose sale is unlawful under applicable law;
(i) items requiring a legally mandated warning or disclosure (for example a California Proposition 65 warning) unless the listing includes it: Sellers are responsible for including any warning the law requires, and we may remove non-compliant listings.
12.2. This list is not exhaustive. We may remove any listing that we reasonably believe is unlawful, unsafe, deceptive, or inconsistent with the marketplace's focus, and we may maintain and update a more detailed prohibited-items help page, which is incorporated by reference.
13. Prohibited Conduct
In plain terms: no fraud, no fee dodging, no fake accounts or wash trading, no scraping or bots, no misusing other users' data, and no gaming the visibility or authenticity systems.
13.1. You agree not to:
(a) violate any law or regulation, or the rights of any person;
(b) circumvent fees, complete initiated transactions off-platform, or solicit users to transact off-platform (Section 3.5);
(c) create multiple or fake accounts; evade a suspension (including through another account or by assisting a suspended user); or misrepresent your identity;
(d) engage in wash trading, shill bidding, coordinated price manipulation, ratings or review manipulation, or transactions designed to manipulate fee tiers, rewards, introductory pricing, or seller statistics;
(e) manipulate, brigade, or trade votes or opinions in Legit Check threads, or misrepresent authenticity signals on or off the platform;
(f) interfere with the Services' operation or security; probe, scan, or test vulnerabilities; or bypass access controls or rate limits;
(g) scrape, crawl, harvest, or bulk-extract data from the Services, or access the Services by automated means, except through interfaces we provide and per robots.txt; use content from the Services to develop, train, or improve any software, model, or dataset (including any machine-learning or artificial-intelligence system) without our written consent; or deploy automated purchasing agents or bots to browse, offer, or check out without direct human initiation and review of each transaction;
(h) use another user's personal information for any purpose beyond the transaction in which it was provided (Section 7.10), or send spam or unsolicited commercial messages;
(i) post content that is unlawful, deceptive, defamatory, obscene, hateful, threatening, or harassing, or that exploits or endangers minors;
(j) upload malware or malicious code, or misuse our messaging, offers, or reporting systems;
(k) dropship (list Items not in your possession for on-demand sourcing), or use stock or third-party photos as listing photos.
13.2. We may investigate suspected violations and take any lawful action we consider appropriate, including removing content, restricting features, suspending or terminating accounts (Section 16), withholding payouts (Section 5), and reporting to law enforcement.
14. Intellectual Property Complaints
In plain terms: rights holders can get infringing listings taken down: DMCA for copyright, a brand channel for counterfeits and trademarks. Repeat infringers lose their accounts.
14.1. DMCA notices (copyright). If you believe content on the Services infringes your copyright, send a notice satisfying 17 U.S.C. § 512(c)(3) to our designated agent:
DMCA Agent: [DMCA AGENT NAME] [COMPANY LEGAL NAME], [PHYSICAL ADDRESS] Email: [DMCA AGENT EMAIL]
The notice must include: identification of the copyrighted work; identification and location (URL) of the allegedly infringing material; your contact information; a statement of good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act for the owner; and your physical or electronic signature. We will expeditiously remove or disable access to material identified in a compliant notice. Knowingly material misrepresentations in a notice or counter-notice create liability under 17 U.S.C. § 512(f).
14.2. Counter-notices. If your content was removed and you believe the removal was a mistake or misidentification, you may send a counter-notice meeting the requirements of 17 U.S.C. § 512(g)(3). Unless the complainant files a court action, removed material may be restored in 10 to 14 business days after we receive a compliant counter-notice.
14.3. Repeat infringers. We terminate the accounts of repeat infringers in appropriate circumstances, and may terminate after a single egregious violation.
14.4. Trademark and counterfeit complaints. Trademark owners and their agents may report counterfeit or otherwise infringing listings to [LEGAL EMAIL] with: the trademark and registration details, the listing URL(s), the basis of the complaint, and a declaration of accuracy and authority. Counterfeit reports are processed under Section 10.6 rather than the DMCA process.
15. Third-Party Services
In plain terms: payments, identity checks, shipping, and sign-in are provided by third parties under their own terms.
15.1. The Services incorporate services from third parties, including Stripe (payments, payouts, and identity verification), shipping carriers and label providers, communication providers, and sign-in providers (for example Google). Your use of those services is subject to their terms and privacy policies, and we are not responsible for them. Third-party links on the Services are provided for convenience; we do not endorse or assume responsibility for third-party sites.
16. Suspension and Termination
In plain terms: you can leave anytime. We can act against accounts that break the rules, with a warning-and-cure path for minor issues and immediate action for serious ones. We tell you why, you can appeal, and money from clean in-flight sales still gets paid out.
16.1. By you. You may stop using the Services or close your account at any time in settings or by contacting [SUPPORT EMAIL]. Open transactions must first complete, and amounts you owe survive closure.
16.2. By us, with notice and cure. For violations we consider curable (for example listing-quality problems or late shipment patterns), we will ordinarily notify you and give you an opportunity to cure within the stated period before restricting your account.
16.3. By us, immediately. We may suspend or terminate your account, restrict features, remove content, or cancel transactions immediately, without a cure period, where we reasonably determine that: you have engaged in fraud, counterfeiting, or other serious or repeated violations of these Terms; your conduct creates risk of harm to users, third parties, or the platform; or suspension is required by law, court order, our payment processor, or a sanctions obligation. We may also decline, freeze, or reverse transactions for risk and compliance reasons.
16.4. Statement of reasons and appeal. When we remove your content, restrict, suspend, or terminate your account, we will tell you the general basis for the action and how to appeal, except where law prohibits it, doing so would compromise an investigation or security, or the conduct involves fraud or illegality of a kind that makes notice inappropriate. Appeals go to [SUPPORT EMAIL] or the in-app appeal channel and receive human review (Section 10.4).
16.5. Funds on termination. Funds from completed, undisputed sales are paid out per Section 5. We may withhold amounts not yet paid out for up to one hundred eighty (180) days after the relevant transaction date as reasonably necessary to cover open claims, chargebacks, refunds, fraud or sanctions review, or amounts you owe us, or longer where required by law, legal process, or our payment processor. Remaining amounts are then paid out or escheated per Section 5.5. Where transactions were fraudulent, funds may be used to refund buyers and cover remediation (Section 10.6).
16.6. In-flight transactions. Where an account is restricted for reasons not involving transaction fraud, we may allow pending transactions to complete before access ends.
16.7. Survival. Sections that by their nature should survive termination survive, including Sections 3, 5.4, 5.5, 6, 10.3, 10.6, 11, 14, and 17 through 24.
17. Disclaimers and Limitation of Liability
In plain terms: the platform is provided as-is. Items are the sellers' responsibility, and our liability to you is capped.
17.1. AS-IS. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WITHOUT LIMITING SECTION 3, [PLATFORM] MAKES NO WARRANTY REGARDING ANY ITEM, LISTING, SELLER, BUYER, OR AUTHENTICITY SIGNAL. NOTHING IN THIS SECTION LIMITS WARRANTIES OR RIGHTS THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, AND USERS IN JURISDICTIONS THAT MANDATE CONSUMER RIGHTS RETAIN THOSE RIGHTS.
17.2. Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, [COMPANY LEGAL NAME] AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) AND (B) THE FEES YOU PAID TO US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
17.3. Exceptions. The exclusions and caps in this Section do not apply to liability that cannot be limited by law, including liability arising from our fraud, gross negligence, or willful misconduct, and do not limit your Buyer Protection refund rights under Section 6.
17.4. Some jurisdictions do not allow certain warranty disclaimers or damage limitations, so parts of this Section may not apply to you.
18. Indemnification and Disputes Between Users
In plain terms: if your conduct or listings get us sued, you cover us. Disputes between buyers and sellers are between them, and users release us from those disputes.
18.1. Indemnity. You will defend, indemnify, and hold harmless [COMPANY LEGAL NAME] and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from or relating to: your User Content and listings; your Items (including claims that an Item is counterfeit, unsafe, or infringing); your breach of these Terms or of law; your transactions or disputes with other users; and your misuse of the Services. We may assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate with us.
18.2. Disputes between users. Your transactions and interactions are with other users. To the fullest extent permitted by law, you release [COMPANY LEGAL NAME] and its officers, directors, employees, and agents from claims, demands, and damages arising out of disputes between you and other users. You waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." We may, but are not obligated to, assist in resolving user disputes (Section 6), and any such assistance does not make us a party to them.
19. Dispute Resolution: Binding Arbitration and Class Action Waiver
In plain terms: before suing, you talk to us for 60 days. If that fails, disputes go to individual arbitration through JAMS, not to court, and not as a class action. Small-claims court stays available. You can opt out within 30 days of accepting these Terms.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
19.1. Scope. You and [COMPANY LEGAL NAME] agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute"), whether based in contract, tort, statute, or any other theory, will be resolved exclusively by final and binding individual arbitration, except as provided in Sections 19.6 (small claims and carve-outs) and 19.8 (opt-out). This agreement to arbitrate is governed by the Federal Arbitration Act. The arbitrator (not a court) has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this Section, except that a court decides the enforceability of the class waiver in Section 19.5 and any Dispute about Section 19.7 (public injunctive relief).
19.2. Informal resolution first. Before starting arbitration, the party with the Dispute must send the other an individualized written notice ("Notice of Dispute") and attempt resolution in good faith for at least sixty (60) days. Your Notice of Dispute must be sent to [LEGAL EMAIL] or to [COMPANY LEGAL NAME], Attn: Legal, [PHYSICAL ADDRESS]; ours will be sent to the contact information on your account. The notice must include your name, account email, a description of the Dispute specific to you, the relief sought, and your personal signature. Either party may reasonably request one video or telephone conference during this period, and both parties (with counsel, if represented) must personally participate. This informal process is a condition precedent to arbitration or any lawsuit, and applicable statutes of limitation are tolled while it runs.
19.3. Arbitration procedure. Arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or Streamlined Rules where they apply) and its Consumer Arbitration Minimum Standards, as modified by this Section. One arbitrator. The arbitration will be conducted in English, by videoconference or on documents where permitted, or in person in [ARBITRATION VENUE COUNTY] County, California, or in the county where you reside, at your election. Any demand for arbitration must be individualized to the claimant and contain a specific description of that claimant's transactions and alleged harm; a demand consisting of generic allegations applicable to any number of claimants does not satisfy this requirement.
19.4. Fees and costs. Arbitration fees are allocated per the JAMS Consumer Minimum Standards: for consumer claims, your filing fee is capped at the amount set by those standards and we pay the remaining JAMS fees. We will pay our share of arbitration fees by the deadlines set by the arbitration provider and applicable law, including Cal. Civ. Proc. Code §§ 1281.97 and 1281.98. Each party bears its own attorneys' fees except where the governing law provides for fee shifting.
19.5. Class action and jury waiver. YOU AND [COMPANY LEGAL NAME] EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. If the class waiver is held unenforceable as to a particular claim, that claim (and only that claim) proceeds in court, and the parties agree to stay it pending arbitration of the arbitrable claims.
19.6. Exceptions. Either party may (a) bring an individual claim in small claims court in any county where venue is proper (including your county of residence) if the claim qualifies, and (b) seek injunctive or other equitable relief in court to protect intellectual property rights or to stop unauthorized access, scraping, or abuse of the Services, pending arbitration of the underlying merits.
19.7. Public injunctive relief. Nothing in this Section waives any non-waivable right to seek public injunctive relief under California law (McGill v. Citibank). If a claim for public injunctive relief cannot be arbitrated as a matter of law, that claim will be decided by a court after arbitration of all arbitrable claims, and the remainder of this Section remains in effect.
19.8. 30-day opt-out. You may reject this arbitration agreement without penalty by sending written notice within thirty (30) days after you first accept these Terms, by email to [LEGAL EMAIL] with the subject "Arbitration Opt-Out" or by mail to [COMPANY LEGAL NAME], Attn: Legal, [PHYSICAL ADDRESS]. The notice must include your name, account email, mailing address, and a clear statement that you opt out of arbitration. Opting out does not affect any other provision of these Terms. If you opt out (or if this Section is held unenforceable), Disputes will be resolved exclusively in the state or federal courts located in [ARBITRATION VENUE COUNTY] County, California, and both parties consent to personal jurisdiction and venue there, except that consumers who reside outside the United States retain any mandatory right to sue in their home forum.
19.9. Governing law. These Terms and any Dispute are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-laws rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer habitually resident in a jurisdiction whose law grants you mandatory protections that cannot be contracted away, those protections remain yours.
19.10. Time limit. To the extent permitted by law, a Dispute must be filed within one (1) year after it first accrued, or it is permanently barred. This paragraph does not apply to claims whose limitation period cannot lawfully be shortened, or where otherwise prohibited by law.
19.11. Severability. If any part of this Section 19 (other than the class waiver, addressed in 19.5) is held unenforceable, the rest of the Section remains in effect.
20. International Users
In plain terms: this is a US-based marketplace. Sellers ship from the US. International buyers are welcome where checkout permits, are the importer of record, and pay their country's duties and taxes. Sanctioned destinations and cross-border exotic skins are off limits. EU/UK consumer-law rights generally do not apply to purchases from private sellers.
20.1. US-based service. The Services are operated from the United States. At launch, selling is limited to Sellers located in the United States; Buyers outside the United States may purchase where checkout and shipping options permit. We make no representation that the Services are appropriate or lawful in any particular jurisdiction, and features may vary or be unavailable by location.
20.2. Buyer is importer of record. For any purchase shipped across a border, the Buyer is the importer of record. Shipments are made delivered-at-place (DAP): the price and shipping charge at checkout do not include import duties, import VAT or GST, brokerage, or clearance fees of the destination country, all of which are the Buyer's responsibility, and which carriers may collect (with additional information, where their rules require) before or at delivery. We make no promise that any shipment will qualify for a duty exemption, and customs processing may delay delivery beyond estimates. Refusing a shipment at customs does not by itself entitle the Buyer to a refund; unrecoverable duties, return shipping, and fees may be deducted from any refund we do issue.
20.3. Seller customs duties. Sellers shipping internationally must provide accurate customs information (contents, value, country of origin) and comply with export rules. Understating value or mislabeling contents is prohibited.
20.4. Sanctions and export controls. You may not sell, ship, or provide Items or services through the platform to any comprehensively sanctioned jurisdiction (Section 2.5), to any restricted party, or in violation of U.S. export control laws, including the Export Administration Regulations' restrictions on exporting luxury goods (such as apparel, footwear, leather goods, jewelry, and watches) to or for use in Russia or Belarus (15 C.F.R. § 746.8). We screen transactions and shipping destinations for sanctions compliance and may cancel, freeze, or refuse any transaction for sanctions or export reasons.
20.5. Wildlife materials. Items containing CITES-listed wildlife materials (for example python, crocodile, alligator, and certain furs) may not be shipped internationally through the platform. International movement of such items requires permits (CITES export permits, U.S. Fish & Wildlife Service declarations and licensing, designated ports) that individual sellers cannot practically obtain, and undeclared shipments are subject to seizure.
20.6. EU/UK buyers: seller status disclosure. Sellers on the platform are private individuals selling their own items unless a listing expressly identifies the seller as a professional (trader) seller. Sellers must declare professional status truthfully. Where the seller is a private individual, consumer-protection rights arising from EU or UK consumer law, including the 14-day right of withdrawal for distance sales, do not apply to the purchase. This platform's Buyer Protection (Section 6) applies to all purchases regardless of seller status. Where the seller is a professional trader, statutory consumer rights against that seller are unaffected by these Terms.
20.7. Language. These Terms are drafted in English. Translations, if provided, are for convenience only; the English version controls to the extent permitted by law.
21. Notice to California Users
Under California Civil Code § 1789.3, California users are entitled to the following notice: the Services are provided by [COMPANY LEGAL NAME], [PHYSICAL ADDRESS]. Fees are described in the Fee Schedule at [DOMAIN]/fees. To file a complaint regarding the Services or to receive further information, contact us at [SUPPORT EMAIL], or contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. [Counsel: confirm the current secondary phone number, commonly listed as (916) 445-1254, against the statute before publication.]
22. Electronic Communications
22.1. You consent to receive notices, disclosures, records, and communications from us electronically: by email to your account address, by SMS where you have provided and verified a phone number, by push notification where enabled, and by posting in the Services. Electronic communications satisfy any legal requirement of written communication. Transactional and legal notices are not marketing and cannot be opted out of while you hold an account; marketing communications can be opted out of at any time.
22.2. To receive electronic records you need a device with a current browser and email access. You may withdraw consent to electronic delivery of legally required records by contacting [SUPPORT EMAIL] and closing your account; tax forms may be requested on paper where the law provides.
23. Changes to These Terms
23.1. We may update these Terms. For material changes, we will give at least fourteen (14) days' advance notice by email or prominent notice in the Services before the change takes effect, except changes required by law or addressing security or fraud, which may take effect immediately. Changes do not apply retroactively to transactions completed before the effective date. Continued use of the Services after the effective date constitutes acceptance; if you do not agree, stop using the Services and close your account. Each version's effective date appears at the top. The arbitration agreement in Section 19 applies as written when a Dispute arises, and changes to Section 19 will not apply to Disputes for which either party has already given a Notice of Dispute.
24. General
24.1. Entire agreement. These Terms, together with the documents incorporated by reference, are the entire agreement between you and [COMPANY LEGAL NAME] regarding the Services and supersede prior agreements on that subject.
24.2. Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force.
24.3. No waiver. Our failure to enforce a provision is not a waiver of it.
24.4. Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, corporate reorganization, or sale of assets, or by operation of law.
24.5. Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control.
24.6. No agency. Except for the limited payment collection agency in Section 3.3, nothing in these Terms creates any agency, partnership, joint venture, or employment relationship. Legit Check moderators are independent community members, not employees, agents, or representatives of [COMPANY LEGAL NAME].
24.7. Notices to us. Legal notices must be sent to [COMPANY LEGAL NAME], Attn: Legal, [PHYSICAL ADDRESS], or [LEGAL EMAIL]. We may provide notice to you as described in Section 22.
24.8. Contact. Questions about these Terms: [SUPPORT EMAIL].
Document version: DRAFT v1 (2026-08-25). Requires attorney review before publication. See LEGAL_COMPLIANCE_NOTES.md for the clause-by-clause legal basis, open decisions, and the pre-launch compliance checklist.