Terms of Service

1. Acceptance of Terms

These Terms of Service (the “Terms”) form a binding agreement between you and item (“item”, “we”, “us”, or “our”) governing your access to and use of the item website, mobile application, and related services (collectively, the “Platform”). By creating an account, accessing, or using the Platform in any way, you confirm that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, Acceptable Use Policy, Buyer & Seller Protection Policy, Shipping & Insurance Policy, and any other policy or notice posted on or linked from the Platform. If you do not agree, do not use the Platform.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to use the Platform. By using item you represent that you meet these requirements, that the information you provide is accurate, and that your use of the Platform does not violate any law or agreement to which you are a party. We may refuse service, close accounts, or remove or edit content at our sole discretion.

3. What item Is (and Is Not)

item is an online venue that helps people discover items and connect with one another to buy and sell. item is not a broker, auctioneer, retailer, consignor, fiduciary, escrow agent, transportation provider, or party to any transaction. We do not own, possess, inspect, test, photograph, package, store, ship, deliver, authenticate, appraise, or guarantee any item listed on the Platform. We are not the seller, manufacturer, distributor, or merchant of record for any sale.

All transactions are entered into directly and solely between buyers and sellers. item is not responsible for the existence, quality, safety, legality, accuracy, completeness, condition, authenticity, or any other aspect of any listing, item, or user. Your interactions with other users, whether online or in person, are at your own risk.

4. Accounts

You are responsible for safeguarding your account credentials and for any activity that occurs under your account, whether or not authorized by you. You agree to notify us immediately of any suspected unauthorized use. You may not transfer your account, share your password, or maintain more than one active account without our prior written consent. We may, in our sole discretion, refuse to register, suspend, or terminate any account at any time and for any reason, with or without notice.

5. User Content

“User Content” means anything you submit, upload, post, or display through the Platform, including listings, photos, descriptions, messages, reviews, and shop information. You retain ownership of your User Content. By submitting User Content you grant item a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify, create derivative works of, publish, publicly display, and distribute that User Content for the purposes of operating, promoting, and improving the Platform. You represent and warrant that you own or have the necessary rights to your User Content and that it does not infringe or violate any third-party rights or any law.

6. Listings and Sellers

Sellers are solely responsible for their listings and for everything they sell. Each seller is the merchant of record for their own sales. By listing an item, you represent that you have legal title to the item, that your listing is accurate and not misleading, that the item is legal to sell and ship, and that the sale will comply with all applicable laws (including consumer protection, sales tax, and import/export laws). You are responsible for accurately describing condition, photographing the item honestly, fulfilling orders promptly, communicating with buyers, honoring any return or refund commitments you make, and resolving any complaint or dispute with the buyer.

7. Buyers

Buyers are responsible for reviewing listings carefully before purchase, asking the seller any questions in advance, and inspecting items promptly upon receipt. When you place an order you commit to purchasing the item from the seller and to paying any applicable charges. Any return, refund, or warranty is provided by the seller, not by item.

8. Payments and Fees

Payments are processed by Stripe, Inc. (“Stripe”) directly through each seller’s connected Stripe account. By using the Platform, sellers and buyers also agree to the applicable Stripe Connected Account Agreement, Stripe Services Agreement, and Stripe Privacy Policy. Each seller is the merchant of record for their own sales and is solely responsible for chargebacks, refunds, payment disputes, reversals, negative balances, and any associated fees or losses.

item charges a platform fee on each successful transaction, disclosed at checkout, which Stripe collects on item’s behalf. Platform fees are non-refundable except where required by law. Sellers receive payouts to their connected bank account on Stripe’s payout schedule, subject to Stripe rules, risk review, disputes, chargebacks, refunds, claims, compliance requirements, and any payout holds or offsets described in our Buyer & Seller Protection Policy. item is not a payment processor, money transmitter, or escrow provider, and does not hold buyer funds.

9. Shipping

Sellers are responsible for shipping items in a timely manner after a sale. Shipping labels are provided through Shippo, Inc. (“Shippo”) and the underlying carriers (such as USPS, UPS, FedEx, and DHL). item is not a carrier, freight forwarder, insurer, or warehouse provider. item is not responsible for carrier delays, lost or damaged packages, missed delivery scans, incorrect addresses, package theft, customs issues, surcharges, void failures, insurance denials, or any other shipping outcome. Labels, tracking, local pickup, and shipping insurance are also governed by our Shipping & Insurance Policy. Claims for lost or damaged shipments must be made with the relevant carrier, insurer, Shippo, or XCover where applicable.

10. Returns, Refunds, and Disputes

Returns, refunds, exchanges, and warranties are solely the responsibility of the seller and are governed by each seller’s policies and applicable law. Buyers and sellers should attempt in good faith to resolve any dispute directly. item may, in its sole discretion and without obligation, provide tools, request evidence, facilitate communication, hold payouts, issue or facilitate refunds, reject disputes, restrict accounts, or take other marketplace actions described in our Buyer & Seller Protection Policy, but item is not a mediator, arbitrator, escrow agent, insurer, or guarantor of any transaction and any decision item makes is not legally binding on either party. Any chargeback, payment dispute, or claim through Stripe or a card network is between the buyer, the seller, and the relevant payment processor or financial institution.

11. Prohibited Items

You may not list, sell, or attempt to ship any item that is illegal, restricted, dangerous, unsafe, infringing, counterfeit, stolen, or otherwise prohibited. Our Acceptable Use Policy gives additional examples and is incorporated into these Terms. You are solely responsible for confirming that every item you list, possess, sell, transfer, or ship is lawful, authentic, accurately described, and permitted by item, Stripe, Shippo, the relevant carrier, and all applicable laws. We may remove listings, cancel transactions, hold payouts, suspend accounts, and report unlawful conduct to authorities at our sole discretion.

12. Prohibited Conduct

You agree not to: violate any law or third-party right; circumvent the Platform or move transactions off-platform after connecting through item to avoid fees, taxes, safety tools, payment processing, or enforcement; engage in fraud, money laundering, sanctions evasion, chargeback abuse, or deceptive practices; manipulate listings, prices, reviews, ratings, disputes, reports, or platform metrics; harass, threaten, defame, or discriminate against any user; transmit viruses, malware, or harmful code; scrape, crawl, harvest, or use automated means to access the Platform; reverse engineer, decompile, or disassemble any part of the Platform; interfere with or disrupt the Platform or its servers; impersonate any person or misrepresent your affiliation; collect personal information about other users without consent; or use the Platform for any purpose other than buying or selling consistent with these Terms and our Acceptable Use Policy.

13. In-Person Meetups and Local Transactions

item is a local marketplace and users may choose to meet in person to complete a sale. item does not screen, vet, perform background checks on, or otherwise verify users, and does not supervise in-person meetings. You assume all risk associated with any communication, meeting, or transaction with another user, whether online or offline. Meet in public, well-lit places, bring a friend when possible, trust your instincts, and follow the safety guidance in our Help & Support section.

14. Suspension and Termination

We may suspend, restrict, or terminate your access to the Platform, remove or refuse to publish any listing or content, cancel transactions, request evidence, withhold or offset payouts pending investigation, and take any other action we deem appropriate, at any time, with or without notice, and with or without cause, including for any actual or suspected violation of these Terms, marketplace policies, Stripe or carrier rules, fraud/risk concerns, chargebacks, disputes, claims, non-shipment, counterfeit or prohibited goods, negative balances, sanctions/compliance concerns, account takeover, or applicable law. You may close your account at any time by emailing support@item.ec. Termination does not relieve you of obligations that arose before termination, and Sections 5, 8, 10, 14 through 31 will survive any termination of these Terms.

15. Intellectual Property

The Platform, including its software, design, text, graphics, logos, trademarks, and all other content (other than User Content), is owned by item or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely as permitted by these Terms. All rights not expressly granted are reserved.

16. Copyright (DMCA)

We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act. If you believe content on the Platform infringes your copyright or trademark, submit a notice using our form at /legal/report-infringement, or send a written notice to our designated agent at ip@item.ec that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the copyright owner’s behalf. We may remove or disable access to allegedly infringing material, terminate the accounts of repeat infringers, and forward notices to the affected user. Counter-notices may be submitted to the same designated agent and must comply with 17 U.S.C. § 512(g).

17. Taxes

You are solely responsible for determining, collecting, reporting, withholding, and remitting any taxes (including sales, use, value-added, income, and withholding taxes) that arise from your use of the Platform or from any transaction. item is not a tax advisor and does not provide tax advice. Where required by law, item or Stripe may report transaction information to tax authorities and issue tax forms.

18. Third-Party Services

The Platform integrates with third-party services, including Stripe (payments), Shippo and the underlying carriers (shipping), and analytics, hosting, and infrastructure providers. Your use of those services is subject to their own terms and privacy policies. item is not responsible for the acts, omissions, availability, performance, security, or content of any third-party service.

19. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, LISTINGS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, item DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. item DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

item DOES NOT VERIFY THE IDENTITY, BACKGROUND, REPRESENTATIONS, OR CONDUCT OF USERS, OR THE EXISTENCE, OWNERSHIP, QUALITY, SAFETY, AUTHENTICITY, LEGALITY, OR VALUE OF ITEMS LISTED. ANY RELIANCE ON LISTINGS, USERS, OR PLATFORM CONTENT IS AT YOUR OWN RISK.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL item, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE PLATFORM, ANY TRANSACTION OR ANY USER, OR ANY ITEM, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT item HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF item AND ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS EXCEED THE GREATER OF (A) THE TOTAL PLATFORM FEES item ACTUALLY RECEIVED FROM YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THE ABOVE MAY NOT APPLY TO YOU IN FULL.

21. Indemnification

You agree to defend, indemnify, and hold harmless item, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Platform; (b) your User Content; (c) any item you list, sell, buy, ship, or receive; (d) any transaction or interaction with another user; (e) your violation of these Terms or any law or third-party right; or (f) any tax obligation arising from your use of the Platform. item reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

22. Release Between Users

Because item is not a party to transactions between users, if you have a dispute with one or more users you release item, its affiliates, and their respective officers, directors, employees, and agents from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including any in-person interaction, meetup, or offline transaction. If you are a California resident, you waive California Civil Code § 1542 and any similar law in any other jurisdiction.

23. Electronic Communications and Notices

You consent to receive communications from item electronically, including emails, in-app notifications, and push notifications. Electronic communications satisfy any legal requirement that a communication be in writing. Notices to item should be sent to support@item.ec.

24. Modifications to the Platform and These Terms

We may add, remove, or change features of the Platform at any time, and may suspend or discontinue all or any part of the Platform without notice or liability. We may also revise these Terms or any incorporated marketplace policy from time to time by posting the updated version on the Platform and updating the applicable effective date. Material changes will take effect on the date posted unless otherwise stated. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms and policies.

25. Governing Law and Venue

These Terms and any dispute arising out of or related to them or to the Platform are governed by the laws of the State of Ohio, without regard to its conflict-of-laws principles. Subject to Section 26, you and item agree that any claim not subject to arbitration shall be brought exclusively in the state or federal courts located in Cuyahoga County, Ohio, and you consent to the personal jurisdiction of those courts.

26. Binding Arbitration and Class Action Waiver

Please read this section carefully. It limits how you can bring claims against item.

You and item agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any transaction (each a “Dispute”) shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, except as modified here. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Cuyahoga County, Ohio, although you may elect to have arbitration take place in your county of residence or via remote means. The arbitrator may award any relief that a court could award on an individual basis. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

Class Action Waiver.YOU AND item AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. If a court decides this class waiver is unenforceable as to a particular claim, that claim (and only that claim) must be brought in court rather than arbitration; the remainder of this Section 26 remains in force.

Exceptions.Either party may bring (a) an individual action in small claims court within that court’s jurisdiction, or (b) an action seeking only injunctive or other equitable relief to stop unauthorized use or abuse of the Platform or intellectual property infringement.

30-Day Opt-Out.You may opt out of this Section 26 by emailing support@item.ec within thirty (30) days after first accepting these Terms, with the subject line “Arbitration Opt-Out” and including your full name and the email associated with your account. Opting out has no other effect on your relationship with item.

This Section 26 is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. If any portion of this Section is found unenforceable (other than the class waiver, addressed above), the remainder shall remain in effect.

27. Force Majeure

item shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, pandemics, power or telecommunications failures, internet or third-party service disruptions, or carrier delays.

28. Assignment

You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. Any attempted assignment in violation of this Section is void.

29. Miscellaneous

These Terms, together with the Privacy Policy and any other policies referenced herein or accepted by you on the Platform, constitute the entire agreement between you and item regarding the Platform and supersede any prior agreements. If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect. No waiver of any term shall be deemed a continuing waiver. Headings are for reference only and do not affect interpretation. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and item.

30. Marketplace Seller Verification (INFORM Consumers Act)

item complies with the federal INFORM Consumers Act. If you are a “high-volume third-party seller” (generally, a seller who, in any continuous twelve-month period during the previous twenty-four months, enters into 200 or more separate sales of new or unused consumer products and receives $5,000 or more in gross revenue through the Platform), you must provide, and keep current, the following information: your full name (or business name and a contact person); a current physical business or residential address; a working telephone number; a working email address; a bank account used for payouts (or the name of the payee, if different); and a valid government-issued taxpayer identification number (such as an SSN, EIN, or ITIN). Much of this information is collected and verified through Stripe when you set up your seller account.

We will verify the information you provide and may require you to certify, within ten (10) days of our request, that it remains accurate and complete, or to provide updated information. We may suspend your selling privileges and pause your payouts if you fail to provide, verify, or certify required information.

For high-volume third-party sellers that reach $20,000 or more in annual gross revenue through the Platform, we will disclose to consumers (in the order confirmation, on the seller’s account or shop page, or by other means consistent with the Act) the seller’s name, physical address, and contact information (a working telephone number or email address), and whether the seller is the manufacturer, importer, or reseller of the product. If you certify that you have no physical location open to the public, we may, as the Act permits, disclose your contact information in place of a physical address.

Reporting. If you believe a seller is engaged in suspicious, fraudulent, or unlawful activity, you may report it to us at support@item.ec. We provide this reporting mechanism as required by the Act.

31. Contact

For questions about these Terms, contact us at support@item.ec.