These Terms of Service (“Terms”) form a legally binding agreement between you and Curtsy, Inc. (“Curtsy,” “we,” “us,” or “our”) governing your access to and use of the Curtsy website, mobile applications, payment flows, shipping tools, customer support tools, content, and related services (collectively, the “Services”).
By creating an account, accessing the Services, listing an item, purchasing an item, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Curtsy operates an online marketplace that enables users to list, buy, and sell eligible apparel, accessories, shoes, beauty products, and other categories that Curtsy may permit from time to time.
Curtsy is not the owner of items listed by sellers unless expressly stated otherwise. Except where Curtsy is the direct seller, each sale is a transaction between the buyer and the seller, and Curtsy provides marketplace, payment, shipping, trust and safety, and related platform services that facilitate that transaction.
Curtsy may provide listing tools, pricing guidance, shipping labels, payment processing facilitation, fraud review, dispute handling, customer support, merchandising support, search and discovery, content moderation, and other marketplace services.
You must be legally capable of entering into a binding contract and must provide accurate, current, and complete information.
You may not:
You are responsible for all activity under your account and for maintaining the confidentiality of your login credentials.
You must be at least 13 years old to use the Services.
If you are between 13 and 18 years old, you may only use the Services with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms.
Curtsy provides a venue for users to transact. Unless Curtsy is expressly identified as the seller, Curtsy is not the seller, title holder, manufacturer, authenticator, consignor, or shipper of listed items.
Curtsy may take actions including reviewing listings, removing content, restricting users, canceling transactions, issuing refunds, delaying payouts, requiring identity verification, or taking other actions to protect the platform.
You consent to receive all communications electronically, including notices, disclosures, tax forms, and policy updates.
You are responsible for maintaining accurate contact information. Electronic communications satisfy any legal requirement for written notice.
All transactions must be completed through Curtsy-approved checkout flows.
You may not:
A violation of this Section is a material breach of these Terms and may result in listing removal, transaction cancellation, payout holds, refunds, account suspension, account termination, or other enforcement action.
By listing an item, you represent and warrant that:
You are responsible for listing accuracy and item condition.
By purchasing an item, you agree that:
A transaction is formed upon successful checkout or acceptance of an offer.
Curtsy may cancel or reverse transactions for fraud, risk, policy violations, or operational reasons.
Buyers may be charged a Curtsy platform fee in connection with purchases made through the Services. The amount of the buyer platform fee may vary by transaction and will be presented to the buyer in accordance with relevant state laws.
Curtsy may change buyer fees from time to time. Any change will apply prospectively to future transactions.
Listing an item is free unless Curtsy expressly states otherwise.
When a sale is completed, Curtsy calculates seller earnings by deducting applicable amounts from the transaction proceeds, which may include:
Sellers may have the option to offer “free shipping.” If a seller selects free shipping, Curtsy will deduct from the seller’s earnings a predefined shipping amount based on the applicable shipment characteristics, such as item weight or shipping tier.
If the seller does not offer free shipping, the buyer will pay shipping charges calculated at checkout based on applicable shipping costs.
Estimated earnings shown in the listing flow are estimates only. Actual earnings may vary based on the final transaction details, shipping selection, payment method, taxes, credits, discounts, refunds, reversals, and other adjustments.
Buyers are responsible for applicable sales, use, excise, or similar taxes arising from purchases, except to the extent tax collection or remittance is required of Curtsy by law. Sellers are responsible for all other taxes arising from their sales, income, or use of the Services.
Curtsy may facilitate payment processing through one or more third-party payment service providers, including Stripe and Stripe Connect or successor services. Your use of payment services may be subject to additional terms imposed by those providers.
By using the Services as a seller, you authorize Curtsy and its payment service providers to:
Seller funds are not available for use as buyer payment credentials on Curtsy unless Curtsy expressly launches and discloses such a feature. At this time, Curtsy does not permit purchases to be funded from an in-app seller balance unless Curtsy expressly states otherwise in updated terms or product disclosures.
Curtsy may delay, hold, withhold, reverse, or offset payouts where necessary to manage fraud, abuse, chargebacks, returns, transaction disputes, seller non-performance, policy violations, legal process, or payment-partner requirements.
If Curtsy pays a buyer refund, chargeback, reversal, or other credit attributable to your transaction, you authorize Curtsy to recover the relevant amount from your current or future payouts, connected account, linked bank account as permitted, or other amounts you owe or will owe through the Services.
This Section forms part of each seller’s agreement with Curtsy and is intended to govern the seller’s participation in Curtsy’s card-acceptance marketplace environment.
You may use Curtsy solely to sell bona fide goods in legitimate transactions arising from an actual purchase by a real buyer through the Curtsy checkout flow. You may not use Curtsy to process or receive funds for:
You must provide accurate and current information regarding your identity, legal name, mailing address, phone number, email address, bank information, tax information, “doing business as” names, URLs or social handles used in connection with your selling activity if requested, and a complete and accurate description of the goods you sell.
You must promptly update such information whenever it changes.
You agree to comply with:
Where a payment-network or processor requirement applies to your conduct as a seller, Curtsy may require you to take or refrain from taking specified actions in order to remain eligible to sell on the platform.
You acknowledge that Curtsy may conduct onboarding review, identity verification, sanctions screening, fraud review, listing review, transaction monitoring, payout risk review, reserve analysis, and ongoing seller monitoring.
Curtsy may require additional information or documentation at any time, including government identification, bank verification, proof of inventory, proof of shipment, invoices, receipts, authenticity documentation, or business records.
Curtsy may suspend listings, hold payouts, impose reserves, restrict categories, require account remediation, or terminate your selling privileges immediately if Curtsy determines that your activity is fraudulent, deceptive, suspicious, high-risk, non-compliant, prohibited, or otherwise exposes Curtsy, buyers, payment partners, or card networks to risk.
To the extent card-brand rules are applicable to your use of Curtsy, you acknowledge that the relevant card networks and Curtsy’s payment/acquiring partners may enforce their rules and may require Curtsy to impose restrictions, remediation measures, or termination. Nothing in this Agreement limits those rights.
You acknowledge that Curtsy may deduct or withhold amounts from payouts for chargebacks, refunds, reserve requirements, fines, penalties, assessments, shipping claims, policy violations, fraud losses, or other amounts arising from your transactions or conduct, as permitted by law.
You may not direct or divert buyers away from Curtsy to complete transactions elsewhere. You may not use Curtsy listings, messages, or user relationships to obtain payment outside Curtsy for a transaction that originated on Curtsy.
Curtsy may provide shipping labels, shipping estimates, shipping guidance, or shipping-related tools. Sellers remain responsible for packaging, timely shipment, compliance with carrier rules, shipment tracking where required, and ensuring that the shipped item materially matches the listing.
Risk of loss and title transfer between buyer and seller will be governed by applicable law and Curtsy’s shipping and order-protection policies, except where Curtsy expressly assumes a different role.
Curtsy may treat an item as not shipped, late, or seller non-performed if the seller does not meet applicable handling, scan, or tracking requirements.
Curtsy may provide buyer protection, claims review, refund handling, and return procedures. Buyers and sellers agree to comply with Curtsy’s then-current claims, refund, and return policies.
Curtsy may decide, in its reasonable discretion and in accordance with its policies, whether to approve a refund, require a return, issue a credit, deny a claim, or allocate responsibility between buyer and seller.
If a payment dispute, chargeback, reversal, or network inquiry arises from your transaction, you agree to cooperate promptly and provide requested evidence, including proof of shipment, delivery, item condition, authenticity, and communications.
You may not use the Services to list, sell, buy, promote, or facilitate:
You may not:
You retain ownership of content you submit to Curtsy, but you grant Curtsy a worldwide, non-exclusive, royalty-free, sublicensable license to host, use, reproduce, modify, adapt, publish, display, distribute, and otherwise exploit that content for the operation, promotion, moderation, improvement, and provision of the Services.
You represent and warrant that you have all rights necessary to grant this license and that your content does not infringe or violate the rights of any person or entity.
Curtsy and its licensors own all rights in the Services, including software, design, trademarks, logos, text, graphics, compilations, and other content, excluding user content. You may not copy, reverse engineer, distribute, scrape, or create derivative works from the Services except as permitted by Curtsy or applicable law.
Users acknowledge and agree that the resale of merchandise through Curtsy is subject to strict adherence to applicable intellectual property laws and rights, including but not limited to copyright laws. It is the user's sole responsibility to ensure that any item listed for sale on Curtsy does not infringe upon the intellectual property rights of others. Users are hereby expressly prohibited from engaging in the listing, sale, purchase, or distribution of any merchandise that constitutes a violation of third-party intellectual property rights. Furthermore, Curtsy has established various safeguards, including an authentication and moderation process, to prevent the listing, sale, and purchase of merchandise that infringes upon the intellectual property rights of others. Any attempt to bypass, undermine, or otherwise circumvent these safeguards is strictly prohibited and will be met with immediate termination of the user's account and may result in legal action. Users engaging in such prohibited activities may also be subject to liability for damages or statutory penalties under applicable intellectual property laws. Curtsy reserves the right, at its sole discretion, to take any and all actions deemed necessary and appropriate to enforce this clause, including but not limited to the removal of listings, suspension of accounts, and cooperation with law enforcement or other regulatory bodies in investigating and prosecuting users who engage in such prohibited activities.
If you believe content infringes your rights, you may submit a notice to Curtsy including:
Curtsy may remove content and take enforcement action.
Your use of the Services is subject to Curtsy’s Privacy Policy, which describes how Curtsy collects, uses, and shares personal information.
The Services may integrate with third-party providers, including payment processors, shipping carriers, authentication providers, and analytics providers. Curtsy is not responsible for third-party services and may modify or replace integrations at any time.
Curtsy may suspend or terminate accounts for violations, risk, or legal requirements.
Certain provisions survive termination.
Curtsy may suspend or terminate your access to the Services, remove listings or content, hold or adjust payouts, or take any other action Curtsy deems appropriate if Curtsy believes:
Sections that by their nature should survive termination will survive, including payment obligations, indemnity, dispute resolution, limitations of liability, intellectual property, and enforcement rights.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
Curtsy does not warrant that listings are accurate, that buyers or sellers will complete transactions, that items are authentic unless expressly stated, or that disputes will be resolved in any party’s favor.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CURTSY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CURTSY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID TO CURTSY BY YOU IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) $100.
You will indemnify, defend, and hold harmless Curtsy and its affiliates, officers, directors, employees, contractors, agents, payment partners, and service providers from and against any claims, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
Any credit card chargeback will be reviewed by Curtsy and the disputing party may be blocked if suspected of fraud. Resolved disputes will be subject to manual review before account reinstatement.
These Terms are governed by the laws of the State of California, without regard to conflict of law rules, except to the extent preempted by federal law. Subject to Section 22, the exclusive venue for disputes will be the state or federal courts located in San Francisco County, California.
Curtsy may update these Terms from time to time. If Curtsy makes material changes, Curtsy will provide notice by posting updated Terms, updating the Effective Date, or through other reasonable notice methods. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of the updated Terms.
These Terms, together with any policies expressly incorporated by reference, constitute the entire agreement between you and Curtsy regarding the Services and supersede prior agreements on that subject.
If any provision is held unenforceable, the remaining provisions remain in effect. Curtsy’s failure to enforce any provision is not a waiver. You may not assign these Terms without Curtsy’s consent. Curtsy may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.
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