Terms of Service
Last updated: October 13, 2026
1. Acceptance of Terms
By accessing or using the EBLIT platform ("Platform"), which is operated by EBLIT LLC, a Delaware limited liability company ("EBLIT", "we", "us", or "our"), including through our website, mobile application, or any related services, you ("User", "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you must immediately cease all use of the Platform. These Terms constitute a legally binding agreement between you and EBLIT. Your continued use of the Platform following any modification to these Terms constitutes your acceptance of the modified Terms.
2. Description of Service
EBLIT is a peer-to-peer marketplace platform that facilitates transactions between buyers and sellers of personal property. EBLIT is not a party to any transaction between buyers and sellers. EBLIT does not buy, sell, or take title to any item listed on the Platform. EBLIT provides the technology infrastructure, payment processing facilitation, identity verification services, shipping facilitation, and dispute resolution services to enable users to transact with one another. EBLIT's role is limited to that of a technology service provider and marketplace facilitator.
3. Eligibility and Age Requirements
You must be at least 18 years of age to create an account, list an item, join a purchase waiting list, or complete any transaction on the Platform. Where the age of majority or the minimum age to enter into a binding contract in a jurisdiction applicable to you or to a given transaction is higher than 18, that higher age applies; without limitation, the applicable minimum age is 19 for Users and transactions governed by the law of Alabama or Nebraska, and 21 for Users and transactions governed by the law of Mississippi. Where more than one jurisdiction is implicated by a transaction (for example, the Buyer's location, the Seller's location, and the delivery or meetup location), the strictest (highest) applicable age threshold among them governs that transaction. Age is established from the date of birth returned by EBLIT's identity verification provider (Stripe Identity), and not from self-reported information; a User who cannot be verified as meeting the applicable minimum age is prohibited from listing items or completing transactions, and EBLIT may decline, cancel, or reverse any listing or transaction accordingly. A User's or a transaction's applicable jurisdiction(s) may be determined from any combination of the User's verified identity information, billing information, shipping address, and/or agreed meetup location. WHERE THE APPLICABLE LOCATION CANNOT BE RELIABLY RESOLVED FOR A GIVEN TRANSACTION, EBLIT MAY DECLINE THE TRANSACTION AND REQUIRE THE USER TO RE-ENTER OR RE-CONFIRM THE RELEVANT ADDRESS OR MEETUP LOCATION; SUCH A DECLINE IS A LOCATION-VERIFICATION MEASURE AND IS NOT A DETERMINATION ABOUT THE USER'S AGE. By using the Platform, you represent and warrant that you satisfy the applicable minimum age, have the legal capacity to enter into a binding contract, are not prohibited from using the Platform under applicable law, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. We reserve the right to refuse, condition, suspend, or limit service to any User or transaction as necessary to comply with applicable age, eligibility, sanctions, or other laws.
4. Account Registration and Security
To use certain features of the Platform, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. EBLIT will not be liable for any losses caused by unauthorized use of your account. We reserve the right to disable any account at any time, including if we reasonably believe you have violated these Terms.
5. Identity Verification
EBLIT requires identity verification for certain activities, including listing items for sale and joining purchase waiting lists. Identity verification is performed through Stripe Identity, a third-party service. By undergoing identity verification, you consent to the collection and processing of your personal information by Stripe in accordance with Stripe's Privacy Policy. EBLIT receives a verification result and a limited set of verified attributes, including your verified date of birth, which EBLIT uses to determine your eligibility under Section 3 but does not retain (see below), and, where available, the state associated with your verified identity; EBLIT does not store copies of your government-issued identification documents. EBLIT does not retain your date of birth. EBLIT retains only the month and year of your birth, which it uses to confirm that you meet the minimum age for a transaction. EBLIT uses a proprietary identity hashing system (the "FirmSecureHash" or "FSH") to create a pseudonymous, cryptographically-derived identifier linked to your verified identity for fraud prevention, ban-evasion detection, and ownership tracking purposes. The specific methodology of FSH generation is a proprietary trade secret of EBLIT. Creating multiple accounts, using another person's identity, or attempting to circumvent identity verification or an account restriction is prohibited and is grounds for immediate termination. If verification is not completed, fails, or is later invalidated, EBLIT may prevent you from listing or transacting, may cancel pending listings or transactions, and may withhold funds held pending confirmation pending investigation. Identity verification fees may apply and are non-refundable once the verification process has been initiated.
Display of your name. EBLIT verifies your legal name and retains it. Other users see a display form of your name that you control in your account settings: your full name, your first name with your last initial, or your first initial with your last name. You may not hide both. Middle names are not displayed to other users at any time.
Your display preference applies while other users are browsing listings, viewing profiles, or waiting in a queue. It does not apply once you enter into a transaction. When a purchase is made, the buyer and the seller are each shown the other's full first and last name, in addition to the photo exchange described in Section 11.
Your display preference does not apply to EBLIT's own records, to information used in a dispute under Section 13, or to any disclosure made under the Privacy Policy incorporated by Section 16, including disclosure to law enforcement or in response to legal process.
5A. Phone Verification Before Messaging
Before you can send a message to another member, make or answer a price offer, propose how a sale will be delivered, or request a Live View, EBLIT may require you to verify a mobile phone number. We do this so that the people who reach one another on EBLIT are real people. If you have completed identity verification through Stripe Identity, that also satisfies this requirement. To verify, you give us a mobile number and we send a one-time code to it by text message; by requesting a code you agree to receive it. You need to verify only once. One phone number may verify no more than five EBLIT accounts, so that people in one household can share a number. We may refuse a number that cannot receive our codes, including internet-based (VoIP) and landline numbers. Until you have verified, a conversation you open is not shown to the other member and your messages are not delivered. We do not use a number you give us for verification to send you marketing messages. How we handle the number is described in Section 3D of our Privacy Policy.
6. Funds Held Pending Confirmation
EBLIT uses Stripe, Inc. as its payment processor. When a buyer completes checkout, funds are collected by Stripe on behalf of EBLIT and held pending successful completion of the transaction. EBLIT does not hold your funds in a bank account operated by EBLIT; funds are held within the Stripe platform infrastructure. Funds held pending confirmation are not EBLIT's funds and are not commingled with EBLIT's operating funds. Release of funds to sellers occurs only upon successful completion of the transaction as defined by these Terms. When a transaction completes, EBLIT directs Stripe to pay the Seller's share of the funds at that moment; a meetup transaction completes when the Buyer releases payment at the meetup, or, if the Buyer takes no action, when the decision window described in Section 11 ends. The Seller's payout is tied to the Buyer's payment: it becomes available in the Seller's Stripe account once the Buyer's payment has cleared, which for a card payment is usually about two business days after the purchase and for a bank payment may be longer, and it then reaches the Seller's bank account on the Seller's Stripe payout schedule. EBLIT does not control those timings. If Stripe does not complete a payout when it is first sent, the transaction remains complete, the Seller is told when to expect the payout, and EBLIT continues to direct the payout until it is paid. For an item priced at $2,500 or more, the parties to a meetup transaction set off for the meetup only after the Buyer's payment has cleared, and both are shown the date on which it clears. EBLIT is not a bank, money transmitter, or financial institution. The holding of funds pending confirmation is a purely technical function of the payment processing infrastructure and does not constitute a deposit or investment.
7. Fees, Payments, and Sales Tax
EBLIT's own fees are based on the item price. Every fee is shown as its own line, to the Buyer before paying and to the Seller before listing and on the transaction; no fee is included inside another. Fees paid by the Buyer, added to the Buyer's total at checkout: (a) Service Fee: 2.5% of the item price, with a minimum of $1.00 per transaction, rounded to the nearest cent. (b) Shipping, on a shipped item: the carrier's rate for the service the Buyer chooses plus EBLIT's shipping fee of $4.00, shown together as the shipping line. (c) Shipping insurance, if the Buyer chooses it: 1.5% of the value insured, which is the item price up to the $5,000 coverage limit; where the item price is above the limit, the Buyer is told before paying how much of the item's value would not be insured. (d) Meetup GPS Verification Fee of $1.00 on a meetup transaction. (e) A one-time identity verification cost recovery fee of $1.50, added to the Buyer's first purchase only. (f) LiveVerify Fee of $1.99 per LiveVerify session. (g) Sales tax where it applies, as described below. Fees paid by the Seller, deducted from the Seller's payout: (h) Platform Fee, based on the item price: 6% (minimum $2.00) for items priced $0-$100; 4.5% for items priced $100.01-$1,000; 3.5% for items priced $1,000.01-$10,000; 2% for items priced over $10,000. (i) Payment Processing Fee: the Seller pays Stripe's payment processing fee, computed on the full amount the Buyer pays for the transaction -- the item, shipping, insurance, fees and sales tax -- at the card rate of 2.9% + $0.30 whatever payment method the Buyer uses, plus $0.50 for tax calculation on a transaction where sales tax is collected. It is charged once, deducted from the Seller's payout, and never added to the Buyer's total. Where the Buyer pays by a method that costs less to process, such as a bank payment, the difference is retained by EBLIT. (j) GPS Verification Fee of $1.00: on a meetup transaction when the transaction is created, and on a shipping transaction when the Seller's drop-off at the carrier is verified. (k) A one-time identity verification cost recovery fee of $1.50, deducted from the Seller's first payout only. (l) On a listing offered with free shipping, the cost of the shipping label. (m) Any return label cost charged to the Seller under the Refund Policy. The one-time identity verification fee is charged to an account once as a Buyer and once as a Seller, and never again. A transaction whose fees would be more than the Seller receives cannot go ahead, and the Buyer is not charged. All fees are non-negotiable and non-refundable except as expressly stated in the Refund Policy. EBLIT reserves the right to modify its fee structure at any time with 30 days notice to users; a transaction keeps the fees in effect when its payment was created. Sales and use tax: EBLIT collects applicable sales and use tax from Buyers on taxable transactions where EBLIT is required to do so as a marketplace facilitator under applicable law. The tax is calculated based on the applicable taxing jurisdiction, determined by the delivery destination -- the shipping address for shipped items, or the meetup location for in-person exchanges. The sales tax amount is shown to the Buyer at checkout and included in the Buyer's total charge; EBLIT collects it at the time of purchase and remits it to the applicable taxing authority. This sales tax is collected from the Buyer and is separate from any income, revenue, business, or self-employment taxes for which a Seller is responsible on the Seller's own sales, which the Seller settles separately (see the Seller Agreement). If a transaction is refunded, any sales tax collected on it is refunded together with the refunded amount, in accordance with applicable law.
8. Seller Responsibilities
As a seller on EBLIT, you represent and warrant that: (a) you have the legal right to sell the item listed; (b) the item is accurately described and all photographs are of the actual item; (c) the item is not stolen, counterfeit, fraudulently obtained, or subject to any lien, encumbrance, or legal restriction on transfer; (d) the unique identifier (IMEI, VIN, Serial Number, or other applicable identifier) associated with the item is accurate and has not been altered, removed, or tampered with; (e) you will complete the transaction in good faith once a buyer has been selected and payment has been secured; (f) you will not attempt to conduct transactions outside of the EBLIT Platform with buyers you meet through EBLIT; (g) you are solely responsible for the accuracy of your listing and any misrepresentations; (h) at a meetup, you will allow the Buyer to photograph you holding the item, and you will photograph the Buyer holding it, as described in Section 11. Sellers who fail to complete transactions after payment is secured, fail to hand items to the carrier by the handover deadline described in Section 12, or otherwise fail to fulfill their obligations are subject to account suspension, permanent bans, and may be held liable for damages.
9. Buyer Responsibilities
As a buyer on EBLIT, you represent and warrant that: (a) you intend to complete the purchase in good faith once you join the purchase waiting list; (b) you will complete payment within the 24-hour payment window once selected from the waiting list; (c) you will not dispute legitimate transactions, file false claims, or abuse the dispute resolution system; (d) for meetup transactions, you will arrive at the agreed location at the agreed time, take the required verification photo when prompted, compare the revealed photo of the other party to the person present, take the handover photographs described in Section 11 (or choose not to be photographed, as that Section allows), and participate in the identity verification and payment release process in good faith; (e) for shipping transactions, you acknowledge that you have reviewed and accepted the item's condition as disclosed by the seller; (f) you will record an unboxing video as required by EBLIT's shipping policies, and that failure to do so forfeits your right to file disputes related to item condition; (g) you are solely responsible for your decision to purchase and for verifying item details prior to payment.
10. Prohibited Items and Activities
The following items may not be listed or sold on EBLIT: stolen property; counterfeit goods; firearms, ammunition, or weapons of any kind; controlled substances, drugs, or drug paraphernalia; adult content or services; live animals; human remains or body parts; items subject to export restrictions; hazardous materials; any item the sale of which would violate applicable law. The following activities are strictly prohibited: creating multiple accounts to circumvent suspensions or bans; manipulating the waiting list system; GPS spoofing or circumventing location verification; filing false disputes or making false claims; attempting to conduct transactions outside the Platform; harassment, threats, or abusive behavior toward other users; contacting, or attempting to contact, a User who has blocked you, including through another account, listing, or conversation; submitting reports you know to be false, or using the reporting system to harass another User; any form of fraud, misrepresentation, or deceptive conduct. Violation of these prohibitions will result in immediate account termination and may result in civil or criminal liability.
Objectionable content and abusive users: reporting and blocking. EBLIT has zero tolerance for objectionable content and for abusive users. You can report a message, a User, or a listing directly in the app or on the website, and the EBLIT trust and safety team reviews and acts on every report made that way within 24 hours of receiving it. We will not tell you what action was taken on another account. You can also block another User. A block applies while you are signed in to EBLIT, and it covers every conversation between the two of you, on every listing: neither of you can send the other a message or an offer, join the waiting lists of the other, or request a Live View from the other, and neither of you sees the profile or the listings of the other, including listings either of you sells for someone else as a delegate. Conversations from before the block stay readable to both of you, as a record for a report or a dispute, but nothing more can be sent in them, and the person who made the block no longer sees the notifications the other person had already sent them. Only the person who made the block can lift it, and the person blocked is not told. A block is not available while a paid transaction between you is under way or a payment between you is still being processed -- report the person instead. A block never stops a dispute from being answered, a refund or a return from being processed, a sale from settling, a support request from being handled, an appeal from being heard, or either of you from rating a completed transaction.
11. Meetup Transactions
For meetup transactions, both parties agree to meet at the agreed location and time. After payment, once the meetup location and time are agreed, each party is prompted to take a photo of themselves (or of the person who will represent them at the handoff). At the meetup, EBLIT reveals each party's photo to the other, and each party compares the revealed photo to the person present to confirm they are dealing with the correct party. Separately, EBLIT's system scans the item's unique identifier to confirm the item matches the listing. No government-issued identification is presented, exchanged, or scanned at the meetup; government-ID checks occur earlier, only through Stripe Identity during account verification. After the Buyer has examined the item and its identifier has been scanned, the Buyer photographs the Seller holding the item, and the Seller then photographs the Buyer holding it. Instead of being photographed, the Buyer may confirm in the Platform that the Buyer has received the item and that it is as described, and the Buyer may continue without photographing the Seller; EBLIT records each choice, the time it was made, and the words the Buyer was shown. Without the photographs there is less record of the exchange if the sale is later disputed. The Seller may not decline to be photographed: if the Seller confirms in the Platform that they refuse, the transaction is cancelled, the Buyer is refunded, and EBLIT records the refusal. If the Seller does not answer a reported refusal within 10 minutes, the Buyer may cancel the transaction and be refunded, no strike is issued to either party, and EBLIT reviews what happened. A Seller whose camera is not working may say so in the Platform; that is not a refusal. Each party is told about these photographs before the meetup, at the step where that party takes their identity photo, and the Buyer may cancel the transaction at that step, before taking the Buyer's own identity photo, without penalty, and is refunded. The Seller cannot cancel a transaction once the Buyer's payment has been submitted; a Seller who has a problem with the transaction reports it in the Platform, and EBLIT's support team helps. The Buyer completes the transaction by releasing payment in the Platform; the Seller does not receive, see, or enter a code. The Buyer may instead decline the purchase at any point before releasing payment, and declining never requires a photograph. The handover photographs are handled as described in the Privacy Policy, including their use as evidence if a payment for the transaction is disputed. Refunds under this Section are made as described in the Refund Policy. Identity mismatches must be reported immediately through the Platform. Failure to report a known identity mismatch, or attempting to proceed with a transaction despite a known identity mismatch, is grounds for immediate account termination. EBLIT is not responsible for the safety of users during meetup transactions; users are solely responsible for their own safety and are encouraged to conduct meetups in public, well-lit locations.
12. Shipping Transactions
For shipping transactions, sellers must use the EBLIT-generated shipping label and comply with all carrier requirements. Sellers accept responsibility for proper packaging of items. A seller must hand the parcel to the carrier the buyer chose within 48 hours of the buyer's payment, counting only the hours of days on which that carrier is open, in the seller's own time zone; Saturdays, Sundays and carrier holidays do not count, and a deadline that falls at midnight is shown as the end of the day before. If the parcel is not with the carrier by that deadline, the transaction is cancelled, the buyer receives a full refund, and the seller receives a strike; no strike is issued for time the carrier was closed, once the seller has checked in at the carrier, once the carrier has scanned the parcel, or where the carrier has reported a problem with it. Once per transaction, a seller may ask the buyer for 24 more hours, counted the same way. The buyer may agree or decline until the seller's original deadline, and if the buyer does not answer by then, the extension is granted. If the buyer declines, the transaction is cancelled and the buyer is refunded everything paid for it, except the one-time $1.50 identity verification fee where it was charged on that purchase, and no strike is issued to either party. Section 5B of the Seller Agreement sets out these terms in full. Buyers must record an unboxing video of the item upon delivery. The unboxing video is binding evidence in any dispute regarding item condition upon delivery. Buyers who confirm receipt of the item and confirm all checklist items have no recourse to dispute item functionality unless a separate defect not disclosed at time of sale is discovered and reported within the dispute window. Buyers have 12 hours from confirmed delivery to raise a dispute; after this window, payment is automatically released to the seller. Shipping insurance is optional; buyers who decline insurance bear all risk of loss, damage, or theft during transit.
13. Dispute Resolution and Binding Arbitration
(A) Buyer-Seller Disputes. EBLIT provides a dispute resolution service for transactions conducted on the Platform between Buyers and Sellers. All such disputes must be filed through the Platform and must reference a valid transaction number. EBLIT's dispute resolution decisions on these buyer-seller disputes are FINAL AND BINDING on the parties to the transaction. EBLIT reserves the right to resolve these disputes in its sole discretion based on available evidence, including but not limited to the unboxing video, carrier photos, identity verification records, and communication history. This internal buyer-seller process, and the release, refund, or clawback of funds held pending confirmation that results from it, is described further in the Dispute Resolution Policy, which is incorporated into these Terms by reference. Dispute records are retained for a minimum of seven years for compliance purposes. (B) Legal Disputes With EBLIT -- Binding Individual Arbitration. Any dispute, claim, or controversy between you and EBLIT arising out of or relating to these Terms or the Platform (a "Covered Dispute") that is not resolved informally shall be resolved by BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, and not in court, except as stated below. YOU AND EBLIT 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. BY AGREEING TO THESE TERMS, YOU AND EBLIT WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. Small-claims carve-out: either party may instead bring an individual Covered Dispute in a small-claims court of competent jurisdiction if the claim qualifies. 30-day opt-out: you may opt out of this arbitration agreement by sending written notice to support@eblit.com within 30 days after you first accept these Terms; if you opt out, the remainder of these Terms continues to apply. Your opt-out notice must include your name and the email address associated with your account and must clearly state that you wish to opt out of the arbitration agreement. The arbitrator, and not any federal, state, or local court, has exclusive authority to resolve any dispute over the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that the small-claims carve-out remains available. If the class action and collective action waiver is found to be unenforceable as to a particular claim, then that claim, and only that claim, shall be severed from the arbitration and may be brought in a court of competent jurisdiction, while all other claims remain subject to arbitration. This arbitration agreement governs Covered Disputes between you and EBLIT and is separate from, and does not limit, EBLIT's internal buyer-seller dispute process described in Part (A).
14. LiveVerify Service
The LiveVerify service allows buyers to request a live video call with a seller prior to purchasing. LiveVerify is an optional paid service. The LiveVerify fee of $1.99 is charged to the buyer. LiveVerify sessions are capped at 10 minutes. LiveVerify does not replace physical inspection of items upon delivery and does not guarantee the item's condition at time of delivery. Sellers are not obligated to accept LiveVerify requests but declining requests may affect their seller rating. Buyers are charged only after the seller explicitly accepts the LiveVerify request. Post-call ratings from both parties are collected to maintain service quality. LiveVerify calls are recorded (both audio and video). By requesting a LiveVerify session as a buyer, or by accepting one as a seller, you consent to the recording of the call. Recordings are stored securely and are used solely for dispute resolution and trust-and-safety review. Recordings are automatically deleted after 20 days, or 90 days after a dispute involving the transaction is resolved.
15. Intellectual Property
EBLIT and its licensors retain all intellectual property rights in and to the Platform, including but not limited to the FirmSecureHash (FSH) system, GPS verification system, unique product identifier methodology, software, designs, trademarks, and all related technology. The FSH system and GPS verification system are proprietary technologies of EBLIT for which patent protection is being sought. You may not reverse engineer, decompile, disassemble, or attempt to derive the source code of any component of the Platform. By listing items on the Platform, you grant EBLIT a non-exclusive, royalty-free, worldwide license to use, display, and reproduce your listing content for the purpose of operating and promoting the Platform.
16. Privacy and Incorporated Policies
Your use of the Platform is subject to EBLIT's Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy. In addition, the following policies are incorporated into and made a part of these Terms by this reference, and you agree to them by using the Platform: the Cookie Policy, the Refund Policy, the Seller Agreement, the Acceptable Use Policy, the Community Guidelines, the Dispute Resolution Policy, the DMCA and Intellectual Property Policy, the Service Fee disclosure, the Buyer Protection and Seller Protection descriptions, and the AI-Assisted Operations disclosure. In the event of a conflict between these Terms and an incorporated policy, these Terms control unless the incorporated policy expressly states otherwise for its subject matter.
17. Disclaimer of Warranties
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. EBLIT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EBLIT DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. EBLIT DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE PLATFORM. EBLIT MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, OR LEGALITY OF ITEMS LISTED ON THE PLATFORM, THE TRUTH OR ACCURACY OF USER LISTINGS, OR THE ABILITY OF SELLERS TO COMPLETE TRANSACTIONS.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EBLIT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM. EBLIT'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO EBLIT IN THE THREE MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH JURISDICTIONS, EBLIT'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
19. Indemnification
You agree to indemnify, defend, and hold harmless EBLIT, its officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorneys' fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property right, privacy right, or property right; (d) any claim that your listing or any item you sold caused damage to a third party; (e) any false, inaccurate, or misleading information you provided to EBLIT or other users; (f) your fraudulent, negligent, or illegal conduct.
20. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Collin County, Texas. You consent to personal jurisdiction and venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
21. Modifications to Terms
EBLIT reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by sending an email notification. Your continued use of the Platform after any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must cease using the Platform.
22. Termination
EBLIT may terminate or suspend your account and access to the Platform at any time, with or without cause, and with or without notice. Upon termination, all licenses and rights granted to you under these Terms will immediately cease. Any pending transactions at the time of termination will be resolved in accordance with these Terms and EBLIT's policies. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, indemnification, disclaimer of warranties, and limitation of liability.
22A. Deleting Your Account
You may delete your account at any time from Settings in the app or on the website (Delete account). You cannot delete your account while another person is depending on it: while a sale you are part of has its payment held pending confirmation, while a dispute you are part of is open, while a meetup with you is arranged, or while EBLIT still owes you the proceeds of a sale. The app and the website tell you which of these applies and what to do; once it is finished, you can delete your account. Deleting your account is immediate and cannot be undone. Your personal details are removed: your name, email address, phone number, home and ship-from address, date of birth, profile and cover photos, bio and username, and the name and date of birth from your identity check. Every device signed in to your account is signed out, and any Apple or Google sign-in linked to it is disconnected, so it cannot be used to sign back in. Your live listings are taken down, your unfinished drafts are deleted, and you are removed from any waiting list you joined. Records of your sales, purchases, payments and taxes are kept for at least seven years, showing you as a deleted user, and we do not set a date on which they are deleted. EBLIT is required by law to hold them, and a card payment can be disputed long after a sale; the record of the sale is what answers that dispute. A shipping address on one of those sales is kept as the proof of where the item was sent, and is deleted 90 days after the sale ends, or 90 days after a related support ticket closes if that is later. While a dispute or a support ticket about the sale is open, the address is kept until it is resolved. Records of disputes are kept, and the personal information in a dispute is removed seven years after it was opened. Messages you exchanged with our support team are kept, because they are often the record of what happened in a dispute, and are deleted seven years after the conversation began. A one-way code made from your identity document is kept, with no date on which it is deleted. It cannot be turned back into your details. It is what stops a person who was banned from opening a new account, and a ban that ended when the banned account was deleted would protect no one. Payments are processed by Stripe, which keeps its own records of them under its own privacy policy. The Privacy Policy, section 6A, sets out the same terms.
23. Entire Agreement
These Terms, together with the Privacy Policy, Refund Policy, Seller Agreement, and Cookie Policy, constitute the entire agreement between you and EBLIT with respect to the Platform and supersede all prior or contemporaneous agreements, representations, warranties, and understandings. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
24. Accessibility of User-Submitted Content
EBLIT is committed to maintaining the accessibility of the Platform interface within its control in conformance with applicable standards, including the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA where technically feasible. The Platform provides mechanisms for uploaders to make submitted media accessible, including the ability to attach caption files (in WebVTT or SubRip/SRT format) and to provide a text description (text alternative) for any video you upload, whether as part of a product listing or as an unboxing or other transaction-related recording. As a user who uploads video content, you are solely responsible for the accessibility of the content you submit. You agree that: (a) where the video you upload contains spoken audio or other meaningful sound, you will provide accurate synchronized captions where practicable using the caption-attachment mechanism the Platform provides; (b) you will provide a text alternative conveying the meaningful visual and auditory information in the video, using the description field the Platform provides; (c) you will not rely on EBLIT to create, generate, edit, or verify captions, descriptions, audio descriptions, or any other accessibility metadata on your behalf, and you acknowledge that EBLIT does not do so. EBLIT provides the technical means to attach this information but does not author it. EBLIT may, at its discretion and as a future enhancement, introduce platform-assisted caption or audio-description generation; any such feature is offered without warranty and does not transfer to EBLIT the responsibility allocated to you under this section. To the extent any law imposes accessibility obligations on the content you submit, those obligations are yours; EBLIT's responsibility is limited to the accessibility of the Platform features within EBLIT's direct control. This section supplements and does not limit your obligations under Section 8 (Seller Responsibilities) or any other provision of these Terms.
25. Contact
For questions about these Terms, please contact EBLIT through the Support section of the Platform.