1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Sellvy, Inc., a Delaware corporation with its principal office at 131 Continental Dr, Suite 305, Newark, DE 19713, United States ("Sellvy," "we," "us," or "our"). By accessing, browsing, or using the Sellvy platform located at sellvy.io (the "Platform"), including any subdomains, applications, APIs, or associated services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are entering into these Terms on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms "you" and "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Platform.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.
2. Definitions
For the purposes of these Terms, the following definitions apply:
- "Platform" means the Sellvy website at sellvy.io, including all associated subdomains, mobile applications, APIs, tools, widgets, and services made available by Sellvy.
- "Seller" means any individual or entity that registers an account on the Platform for the purpose of creating a storefront, listing products, and receiving payments from Buyers.
- "Buyer" means any individual or entity that purchases or otherwise acquires products or services from a Seller through the Platform.
- "Storefront" means the customizable online store page created by a Seller on the Platform.
- "Digital Products" means any digital goods, services, licenses, access credentials, downloadable files, software, or any other non-tangible item listed for sale on the Platform.
- "SellvyPay" means Sellvy's proprietary cryptocurrency payment processing system that facilitates direct crypto-to-seller transactions.
- "Platform Fee" means the percentage-based fee charged by Sellvy on each successful transaction, as determined by the Seller's subscription tier.
- "Content" means all text, images, audio, video, data, software, code, and any other materials uploaded, submitted, or made available through the Platform.
- "Service Providers" means third-party companies that provide services to Sellvy, including but not limited to Stripe, Inc. (payment processing), Supabase, Inc. (infrastructure), Cloudflare, Inc. (CDN and storage), Vercel, Inc. (hosting), and Resend, Inc. (email delivery).
3. Description of Service
Sellvy is a digital commerce software-as-a-service ("SaaS") platform that provides Sellers with the tools and infrastructure necessary to create customizable online storefronts, list and manage Digital Products, process payments from Buyers, analyze sales data, manage customer relationships, and grow their digital businesses.
The Platform offers multiple subscription tiers, each providing varying levels of features and platform fee rates. Sellvy acts solely as a technology intermediary that facilitates transactions between Sellers and Buyers. Sellvy does not take title to, possession of, or any ownership interest in any products sold through the Platform. Sellvy is not a party to the transaction between the Seller and the Buyer, except in its capacity as a payment facilitator where applicable.
We reserve the right to modify, suspend, or discontinue any part of the Platform at any time, with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
4. Account Registration and Eligibility
4.1 Eligibility
You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (whichever is greater), to create an account and use the Platform. By creating an account, you represent and warrant that you meet this eligibility requirement. If you are under the age of 18, you may not create an account or use the Platform under any circumstances.
4.2 Account Creation
To access certain features of the Platform, you must register for an account by providing accurate, current, and complete information as prompted by the registration form. You agree to maintain and promptly update your account information to keep it accurate, current, and complete.
4.3 Account Security
You are solely responsible for safeguarding the password that you use to access the Platform and for any activities or actions under your password, whether or not you have authorized such activities or actions. You must notify Sellvy immediately upon becoming aware of any breach of security or unauthorized use of your account at security@sellvy.io.
4.4 One Account Per Person
Each individual may maintain only one (1) Seller account on the Platform. Creating multiple accounts to circumvent restrictions, suspensions, or terminations is a material breach of these Terms and may result in the immediate termination of all associated accounts.
5. Seller Obligations and Responsibilities
5.1 Product Listings
Sellers are solely responsible for the accuracy, quality, legality, and appropriateness of all products listed on their Storefronts. This includes, without limitation, providing accurate product descriptions, pricing, delivery mechanisms, and any applicable license terms. Sellers must not make misleading, deceptive, or fraudulent claims about their products.
5.2 Legal Compliance
Sellers must comply with all applicable local, state, national, and international laws, regulations, and ordinances, including without limitation consumer protection laws, intellectual property laws, tax laws, export control laws, and data protection regulations (including the GDPR and CCPA where applicable). Sellers are solely responsible for the collection, reporting, and remittance of all applicable sales taxes, value-added taxes (VAT), goods and services taxes (GST), and any other taxes or duties arising from their transactions.
5.3 Customer Service
Sellers are responsible for providing customer support to their Buyers, including handling inquiries, complaints, refund requests, and delivery issues. Sellvy is not responsible for resolving disputes between Sellers and Buyers, though we may intervene at our sole discretion to protect the integrity of the Platform.
5.4 Delivery Obligations
Sellers must ensure timely delivery of all purchased Digital Products. For automated delivery products, Sellers must maintain adequate stock at all times. Failure to deliver products promptly may result in account suspension, chargeback liability, and removal from the Platform.
6. Buyer Protections
While Sellvy is not a party to transactions between Sellers and Buyers, we are committed to maintaining a trustworthy marketplace. Buyers are entitled to the following protections:
- Product Delivery: Buyers are entitled to receive the products as described in the Seller's listing. If a product is not delivered or is materially different from the listing description, the Buyer may contact the Seller directly or escalate through Sellvy's support channels.
- Accurate Descriptions: Sellers are required to provide accurate and complete descriptions of their products. Buyers should review product descriptions carefully before making a purchase.
- Chargeback Rights: Buyers who pay via credit or debit card through Stripe retain their rights to dispute charges through their card issuer in accordance with applicable consumer protection laws.
- Platform Intervention: Sellvy reserves the right to intervene in any transaction, issue refunds on behalf of a Seller, or take other corrective action where we determine, at our sole discretion, that a Seller has violated these Terms, engaged in fraudulent conduct, or failed to deliver products as described.
Buyers acknowledge that purchases of Digital Products may not be refundable once delivery has been completed, except as required by applicable law or as otherwise provided in the Seller's individual refund policy.
7. Prohibited Products and Conduct
7.1 Prohibited Products
The following products and services may not be sold on the Platform:
- Products that infringe upon any third-party intellectual property rights, including copyrights, trademarks, patents, or trade secrets
- Malware, spyware, viruses, ransomware, or any other malicious software
- Stolen data, leaked credentials, hacked accounts, or any data obtained through unauthorized access
- Counterfeit or pirated digital goods, including unauthorized copies of software, media, or other copyrighted works
- Products facilitating illegal activities, including hacking tools designed solely for unauthorized access, carding tools, or phishing kits
- Controlled substances, pharmaceutical products, weapons, or any products prohibited under applicable law
- Content depicting child sexual abuse material (CSAM) or exploitation of minors in any form
- Products promoting violence, terrorism, hate speech, or discrimination against protected classes
- Ponzi schemes, pyramid schemes, multi-level marketing schemes, or any fraudulent investment opportunities
- Personal data or personally identifiable information (PII) of third parties without their explicit consent
7.2 Prohibited Conduct
Users may not engage in the following conduct on the Platform:
- Using the Platform to launder money or finance terrorism or other criminal activities
- Attempting to gain unauthorized access to any part of the Platform, other users' accounts, or any systems or networks connected to the Platform
- Interfering with or disrupting the integrity or performance of the Platform or the data contained therein
- Engaging in automated scraping, crawling, or data extraction without prior written consent from Sellvy
- Circumventing or attempting to circumvent any technical measures implemented to protect the Platform or enforce these Terms
- Creating fake reviews, ratings, or testimonials to manipulate product perception
- Using the Platform to send unsolicited commercial communications (spam)
- Impersonating any person or entity, or falsely representing your affiliation with a person or entity
- Manipulating Platform fees through artificial transaction splitting, fee avoidance schemes, or other deceptive practices
8. Payment Processing and Fees
8.1 Payment Methods
Sellvy facilitates payment processing through the following methods:
- Stripe Connect: Credit and debit card payments are processed through Stripe, Inc. via Stripe Connect. Payment Intents are created on Sellvy's platform account with automatic transfers to the Seller's connected Stripe account. Sellers must maintain a valid Stripe Connect account to accept card payments.
- SellvyPay (Cryptocurrency): Cryptocurrency payments are received into platform-controlled wallets through Sellvy's proprietary SellvyPay system. SellvyPay supports 14 cryptocurrencies across 10 blockchain networks. Sellvy holds received funds in custodial wallets, deducts the applicable Platform Fee, and pays out the remaining balance to the Seller's designated wallet address according to the Seller's chosen payout schedule (instant, threshold, daily, weekly, or manual). Sellvy maintains custody of cryptocurrency between receipt and payout.
- PayPal and CashApp: Where available, Sellers may accept payments via PayPal Friends & Family or CashApp through a manual confirmation flow. Buyers send payment with the order code in the transaction notes, and Sellers confirm receipt from their dashboard.
8.2 Platform Fees
Sellvy charges a Platform Fee on each successful transaction, deducted automatically at the time of payment settlement. The Platform Fee rate is determined by the Seller's subscription tier:
- Free Tier: 5% Platform Fee per transaction
- Pro Tier: 2% Platform Fee per transaction
- Business Tier: 0% Platform Fee per transaction
For card payments via Stripe Connect, the Platform Fee is collected as an application fee on each Payment Intent. For cryptocurrency payments through SellvyPay, where fees cannot be deducted at the point of transaction, the Platform Fee is deducted from the Seller's prepaid fee balance. Sellers using crypto-only payment methods must maintain a sufficient prepaid fee balance to cover expected Platform Fees.
8.3 Third-Party Payment Processing Fees
In addition to Sellvy's Platform Fees, Sellers are responsible for any fees charged by third-party payment processors. Stripe's standard processing fees (currently 2.9% + $0.30 per transaction for US cards) are deducted separately by Stripe. Cryptocurrency network fees (gas fees, miner fees) are borne by the party initiating the transaction. Sellvy has no control over and is not responsible for third-party processing fees.
8.4 Currency and Settlement
Card payments are settled in the currency supported by the Seller's Stripe account. Cryptocurrency payments are settled in the cryptocurrency received. Sellvy does not provide currency conversion services. Sellers are responsible for managing their own cryptocurrency wallets and any conversion to fiat currency.
9. Refund and Dispute Resolution Policy
9.1 Seller Refund Policies
Each Seller is responsible for establishing and communicating their own refund policy to Buyers. Sellers may configure their refund policy through their Sellvy dashboard, and such policy shall be displayed on their Storefront. Sellvy encourages all Sellers to adopt fair and transparent refund policies.
9.2 Dispute Resolution Between Sellers and Buyers
In the event of a dispute between a Seller and a Buyer, the parties are encouraged to resolve the matter directly. If direct resolution is not possible, either party may contact Sellvy at support@sellvy.io to request mediation. Sellvy may, at its sole discretion, review the dispute and take corrective action, including issuing refunds, suspending accounts, or removing product listings.
9.3 Chargebacks
For card payments processed through Stripe, Buyers retain the right to initiate chargebacks through their card issuer. Sellers are responsible for responding to and managing chargebacks. Excessive chargebacks may result in additional fees from Stripe, account suspension, or termination from the Platform. Sellvy may provide transaction data and evidence to support Sellers in disputing illegitimate chargebacks, but makes no guarantee as to the outcome of any chargeback proceeding.
9.4 Cryptocurrency Payment Disputes
Due to the nature of blockchain-based transactions, cryptocurrency payments processed through SellvyPay are generally irreversible. Buyers should exercise due diligence before making cryptocurrency payments. In the event of a dispute involving cryptocurrency, Sellvy may facilitate communication between the parties but cannot reverse or force the reversal of blockchain transactions.
10. Intellectual Property Rights
10.1 Sellvy's Intellectual Property
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Sellvy, Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
10.2 Trademark Usage
The Sellvy name, logo, SellvyPay name, and all related names, logos, product and service names, designs, and slogans are trademarks of Sellvy, Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of Sellvy. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
10.3 DMCA and Copyright Complaints
Sellvy respects the intellectual property rights of others and expects Sellers to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement on the Platform, please provide our designated copyright agent with the following information in accordance with the Digital Millennium Copyright Act ("DMCA"): (a) a description of the copyrighted work claimed to have been infringed; (b) a description of where the infringing material is located on the Platform; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized; (e) a statement, made under penalty of perjury, that the information is accurate and you are the copyright owner or authorized to act on their behalf; and (f) your electronic or physical signature. Send DMCA notices to dmca@sellvy.io.
11. Content Ownership and Licensing
11.1 Your Content
You retain all ownership rights in and to the Content you upload, submit, or display on or through the Platform. By uploading Content to the Platform, you grant Sellvy a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Content solely in connection with operating, providing, and improving the Platform, and in connection with marketing and promotional activities related to the Platform.
11.2 Content Representations
You represent and warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Sellvy to use your Content as described in these Terms; (b) your Content does not and will not violate, infringe, or misappropriate any third party's rights; and (c) your Content complies with these Terms and all applicable laws and regulations.
11.3 Content Removal
Sellvy reserves the right to remove or disable access to any Content at any time, without prior notice, for any reason or no reason, including Content that we determine, in our sole discretion, violates these Terms, infringes intellectual property rights, or is otherwise objectionable.
12. Data Protection and Privacy
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and disclose your personal information, as well as your rights regarding your personal data under applicable data protection laws including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
By using the Platform, you consent to the collection and use of information as described in our Privacy Policy. If you do not agree with our Privacy Policy, you must discontinue use of the Platform. For information about the cookies and tracking technologies we employ, please refer to our Cookie Policy.
Sellers who collect personal data from Buyers through the Platform are responsible for their own compliance with applicable data protection laws and regulations. Sellvy provides tools to help Sellers manage customer data, but Sellers are ultimately responsible for their own data processing practices, including providing appropriate privacy notices and obtaining necessary consents.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELLVY, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLVY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF PLATFORM FEES PAID BY YOU TO SELLVY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100.00).
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SELLVY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
14. Indemnification
You agree to indemnify, defend, and hold harmless Sellvy, Inc. and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees) arising from: (a) your use of and access to the Platform; (b) your violation of any provision of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right; (d) any Content you upload, submit, or transmit through the Platform; (e) any products or services you sell through the Platform; or (f) any claim that your Content or products caused damage to a third party.
This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Platform. Sellvy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sellvy in asserting any available defenses.
15. Warranty Disclaimer
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
SELLVY, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT: (A) THE PLATFORM WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS; OR (E) ANY CONTENT OR DATA TRANSMITTED THROUGH THE PLATFORM WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
SELLVY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A SELLER THROUGH THE PLATFORM. SELLVY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY SELLER.
16. Termination and Suspension
16.1 Termination by You
You may terminate your account at any time by using the account deletion feature in your dashboard settings or by contacting us at support@sellvy.io. Upon termination, your right to use the Platform will immediately cease. Any outstanding Platform Fees or other amounts owed to Sellvy at the time of termination will remain due and payable.
16.2 Termination or Suspension by Sellvy
Sellvy may, at its sole discretion and without prior notice, suspend or terminate your account and access to the Platform for any reason, including without limitation: (a) violation of these Terms; (b) requests by law enforcement or government agencies; (c) unexpected technical or security issues; (d) extended periods of inactivity; (e) engagement in fraudulent or illegal activities; or (f) nonpayment of any amounts due to Sellvy.
16.3 Effect of Termination
Upon termination of your account: (a) all licenses and rights granted to you under these Terms will immediately terminate; (b) you must cease all use of the Platform; (c) Sellvy may, but is not obligated to, delete your Content and account data in accordance with our data retention policies; and (d) any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
17. Modifications to Terms
Sellvy reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least thirty (30) days' notice prior to any new terms taking effect, by posting a notice on the Platform, sending an email to the address associated with your account, or through other means we deem appropriate.
What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Platform after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the Platform and terminate your account.
18. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware for the adjudication of any dispute arising out of or relating to these Terms or your use of the Platform, and you hereby waive any objection to such jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum, or otherwise.
Notwithstanding the foregoing, Sellvy may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights.
19. Dispute Resolution and Arbitration
19.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact Sellvy at legal@sellvy.io and attempt to resolve the dispute informally. Sellvy will attempt to resolve the dispute by contacting you via email. If a dispute is not resolved within sixty (60) days of submission, either party may proceed with formal dispute resolution as described below.
19.2 Binding Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in New Castle County, Delaware, or, at the election of the claimant, via telephone or videoconference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
19.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you and Sellvy each waive the right to a jury trial. You further agree that you may bring claims against Sellvy only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
19.4 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction for claims relating to intellectual property infringement or misappropriation, unauthorized use of the Platform, or violations of confidentiality obligations.
20. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. The remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.
21. Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy, and any other legal notices or agreements published by Sellvy on the Platform, constitute the entire agreement between you and Sellvy concerning the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.