Terms of Service

These Terms of Service ("Terms") are an agreement between you and FitPlug ("FitPlug", "we", "us") for using the FitPlug website, apps and services, including the virtual closet, social features and marketplace (together, the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Service.

FitPlug is in early access. Features may change, and we'll update these Terms when they do. If we make material changes, we'll tell you in the Service or by email before they take effect. Continuing to use the Service after that means you accept the updated Terms.

• You must be at least 18 to buy or sell, and at least 13 to use the rest of the Service.
• Give accurate information and keep your password secure. You're responsible for activity on your account.
• One person per account. Don't impersonate anyone or create accounts to get around a suspension.
• You can delete your account at any time in Account → Privacy & security. Accounts with orders still in progress can be deleted once those orders finish.

You own the photos, posts and other content you add. You give FitPlug a worldwide, non-exclusive, royalty-free licence to host, store, display and share that content as needed to run and promote the Service, in line with your privacy settings. This licence ends when you delete the content or your account, except where it has been shared by others or we must keep it by law.

Only post content you have the right to share. FitPlug has zero tolerance for objectionable content and abusive users. Don't post, list or send anything that is:

• illegal, or that promotes illegal activity
• hateful, harassing, bullying, threatening or violent
• sexually explicit, or that sexualises minors in any way
• spam, a scam, or misleading
• someone else's photos, designs or other work used without permission

You can report any post, comment, listing, message or account from its "…" menu, and block anyone so you no longer see each other. Our team reviews reports within 24 hours and removes content that breaks these Terms. People who post it may be suspended or removed from FitPlug.

FitPlug's marketplace lets members sell items from their own closets to other members in the United States. FitPlug processes payments and holds funds until delivery, but sellers are responsible for the items they list.

• Sellers must own the item, describe it honestly (including condition, size and flaws) and use their own photos.
• Prohibited items include counterfeit or replica goods, stolen items, recalled or unsafe products, weapons, drugs, and anything illegal to sell or ship.
• Buyers agree to pay the total shown at checkout. Sellers agree to ship promptly, normally within 5 business days of the sale.
• Don't arrange payment outside FitPlug for items found on FitPlug. Off-platform deals aren't covered by FitPlug's buyer protection.
• Owners can open a closet piece to offers. An offer is a promise to buy at that price if accepted. Offers expire after 7 days, and once an owner accepts one, the buyer has 24 hours to pay or the piece goes back to taking offers.

The current fees are always shown before you confirm a purchase or listing. Today they are:

• Buyers pay a service fee of 2.5% of the item price plus shipping, plus $0.50 per order, plus half of the card processing fee.
• Sellers pay a FitPlug fee of 1% of the item price, plus the other half of the card processing fee, deducted from their payout.
• Card processing is charged by our payment processor (currently about 2.9% + $0.30 per payment) and is split equally between buyer and seller.
• Offer sales are different: when an owner accepts an offer on a closet piece, the buyer and the seller each pay FitPlug 2.5% of the accepted offer plus $0.50. There's no fee on shipping, and FitPlug pays the card processing fee itself.

We may change fees with notice. Changes don't apply to orders already placed.

When live shipping is available, buyers pay the carrier's rate for the seller's package size, and FitPlug uses that amount to buy the prepaid shipping label the seller prints. Shipping labels are provided through our shipping partner, and carriers' own terms apply to each shipment. Sellers must pack items securely and ship to the address on the order. If a seller ships another way, they're responsible for postage and for adding valid tracking.

FitPlug holds the buyer's payment until the order is complete. The seller is paid when the buyer confirms the item arrived as described, or automatically 3 days after tracking shows it was delivered, or 14 days after it was marked shipped, whichever comes first, as long as no claim is open. Payouts go to the bank account or debit card the seller added during payout setup, on our payment processor's schedule.

Buyers can open a claim from the order page before the seller is paid if the item:

• never arrived, or
• isn't as described (for example, wrong item, wrong size, or undisclosed damage).

FitPlug reviews each claim and may ask either side for photos or other information. If we uphold a claim, the buyer is refunded in full to their original payment method and the seller isn't paid; we may ask for the item to be returned. If we decide for the seller, the seller is paid. Our decision on a claim is final for purposes of the FitPlug payout. Change-of-mind returns aren't covered. Card chargebacks pause payouts until resolved.

Payment processing services for sellers on FitPlug are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these Terms or continuing to operate as a seller on FitPlug, you agree to be bound by the Stripe Services Agreement, as it may be modified by Stripe from time to time. As a condition of FitPlug enabling payment processing services through Stripe, you agree to provide FitPlug accurate and complete information about you and your business, and you authorise FitPlug to share it and transaction information related to your use of the payment processing services provided by Stripe.

Virtual cards, badges, rarity tiers and augmented-reality content in FitPlug are for fun. They have no cash value, can't be exchanged for money, and don't prove that a physical item is authentic, rare or limited.

We may limit, suspend or close accounts that break these Terms, put other members at risk, or create legal risk for FitPlug. Where we can, we'll tell you why. Orders already paid will be completed or refunded fairly.

FitPlug is provided "as is". To the fullest extent the law allows, we don't guarantee the Service will be uninterrupted or error-free, and we aren't responsible for items sold by members beyond the buyer protection described above. FitPlug's total liability for any claim relating to the Service is limited to the greater of the fees you paid FitPlug in the 12 months before the claim or $100. Nothing in these Terms limits rights you have under consumer protection laws that can't be waived.

If you have a problem with FitPlug, contact us first and we'll try to resolve it informally. These Terms are governed by the laws of the United States and of the state in which FitPlug is organised, without regard to conflict-of-law rules.

Questions about these Terms: fitplugapp@gmail.com