Terms & Conditions

1. AGREEMENT AND ACCEPTANCE

1.1 Who we are. The Website, the App and the Services are owned and operated by ForGrabs, a company registered in the State of Delaware ("ForGrabs", "we", "us" or "our").

1.2 Binding agreement. These Terms and Conditions ("Terms") form a binding agreement between you and ForGrabs. You accept them when you create an account, list an item, make a purchase, join our waitlist or otherwise use the Services. If you do not agree to these Terms, do not use the Services.

1.3 Related policies. The following policies are available on the Website and in the App and form part of these Terms by reference: the Privacy Policy, which explains how we collect, use and share personal information; the Cookie Policy; the Buyer Protection and Refund Policy; the Prohibited Items and Gear Safety Policy; and the Community Guidelines. If any of them conflicts with these Terms, these Terms prevail.

1.4 Arbitration notice. Section 24 requires most disputes between you and ForGrabs to be resolved by individual binding arbitration, and you waive your right to a jury trial and to take part in a class action, unless you opt out within 30 days as described in Section 24.8.

1.5 Earlier terms. From the Effective Date, these Terms replace any terms of service previously published on the Website or in the App.

2. DEFINITIONS

2.1 Defined terms. In these Terms:

• "AI Features" means the features of the Services that use artificial intelligence, including GearGrader, the listing assistant and the gear question tool.
• "App" means the ForGrabs mobile application and its related servers, application programming interfaces and updates.
• "Buyer" means a User who buys, or offers to buy, an Item.
• "Condition Grade" means the 1 to 10 condition score, and the accompanying explanation, that GearGrader generates for an Item.
• "GearGrader" means our AI Feature that reviews the photographs in a Listing to suggest a Condition Grade and, for Safety Gear, to show a Safety Check.
• "Item" means any sports gear, equipment, apparel or footwear offered for sale through the Services.
• "Listing" means an offer to sell an Item through the Services, including its photographs, description, price, size, condition and delivery options.
• "Order" means a Buyer's purchase of an Item through the Services.
• "Safety Check" means the safety information GearGrader displays for Safety Gear, such as prompts to look for certification markings and to check recall lists.
• "Safety Gear" means helmets, face masks, mouthguards, chest protectors, padding and any other Item whose main purpose is to protect the wearer from injury.
• "Seller" means a User who lists, or offers to sell, an Item.
• "Services" means the Website, the App, the marketplace, the AI Features, payment and messaging tools and all related content, emails and support.
• "User" means any person who accesses or uses the Services, whether as a Buyer, a Seller, a waitlist member or a visitor.
• "User Content" means anything a User submits through the Services, including Listings, photographs, messages, ratings, reviews, questions and profile information.
• "Website" means https://itsforgrabs.com and its subpages.

2.2 Interpretation. "Including" means including without limitation. Headings are for convenience only.

3. THE MARKETPLACE AND OUR ROLE

3.1 What ForGrabs does. ForGrabs is an online marketplace where parents, families and athletes buy and sell pre-owned sports gear, with a focus on gear for kids. We provide tools to list Items, search by sport, size and distance, message other Users, pay securely, arrange local pickup or shipping and rate completed transactions.

3.2 We are not the seller. Each sale is a contract directly between the Buyer and the Seller. ForGrabs is not a party to that contract, is not the seller or buyer of any Item, does not take title to or possession of Items and does not inspect, store, ship or deliver them. Except where these Terms expressly say otherwise, we are not responsible for the quality, safety, legality, condition or description of any Item, or for a User's ability to complete a sale.

3.3 What we do provide. Although we are not a party to the sale, we operate the payment hold and the order resolution process described in Sections 11 and 13 to help Buyers and Sellers transact with confidence.

3.4 Beta. The Services are in beta. Features may be incomplete, may change and may be offered only to invited Users or in certain areas. We will try to keep the Services available but do not promise any particular feature or launch date.

4. ELIGIBILITY

4.1 Minimum age. You must be at least 13 years old to use the Services. Children under 13 may not create an account or use the Services. If you are 18 or older, you must be able to form a binding contract.

4.2 Users aged 13 to 17. If you are at least 13 but under 18, or under the age of majority where you live, you may use the Services only with the consent of your parent or legal guardian, who must review and agree to these Terms. By allowing a minor to use the Services, the parent or guardian:

• agrees to these Terms on the minor's behalf and on their own behalf;
• is responsible for the minor's use of the Services, including every Listing, Order, message and review made through the minor's account; and
• agrees that any payment made through the minor's account with the parent's or guardian's payment method is authorized.

4.3 Additional rules for Users under 18. A User under 18:

• may receive sale proceeds only through a payout account opened and held in the name of their parent or legal guardian, where our payment processor permits;
• must not attend a local pickup or meet another User in person unless their parent or legal guardian is present; and
• may have certain features, such as messaging with Users they have not transacted with, limited by us for safety reasons.

4.4 Our right to verify. We may ask for confirmation of a User's age or of parental consent at any time, and may suspend an account until we receive it. If we learn that a child under 13 has created an account, we will close it and delete the associated personal information as described in the Privacy Policy.

4.5 United States. The marketplace is currently offered to Users located in the United States. You must have a valid United States address to buy or sell, and Sellers or, for Sellers under 18, their parent or guardian must have a United States bank account that our payment processor accepts.

4.6 Restricted persons. You may not use the Services if we have previously removed you from them, or if you are subject to United States sanctions or appear on a United States government list of prohibited or restricted parties.

4.7 Business sellers. If you sell on behalf of a business, club, team, school or other organization, you confirm that you are authorized to bind it to these Terms, and "you" includes that organization.

5. ACCOUNTS, VERIFICATION AND SECURITY

5.1 Account details. You must give accurate, current and complete information when you register and keep it up to date. You may hold only one personal account unless we agree otherwise.

5.2 Security. You are responsible for keeping your login details and devices secure and for activity on your account, except to the extent caused by our breach of these Terms. Tell us immediately at contact@itsforgrabs.com if you suspect unauthorized access.

5.3 Verification. We and our payment processor may ask you to verify your identity, phone number, address, bank account or tax details, and may check the information against third-party sources. A "Verified seller" label means that a Seller has completed the verification steps we required at the time. It is not an endorsement or a guarantee of the Seller, their Items or their conduct.

5.4 Public profile. Your public profile shows your first name and last initial, profile photo if you add one, general area, Listings, items sold, ratings and when you were last active. Do not use your child's name or photograph as your name or profile photo. If you are under 18, do not use your full name, your school or a photograph of your face in your public profile.

5.5 Communications. By creating an account you agree that we may send you transactional messages about your account, Listings, Orders, payouts, safety and changes to the Services by email, push notification and in-app message. These are part of the Services and cannot be switched off while your account is open, although you can control push notifications through your device settings. Marketing emails are covered by Section 25.5.

6. LISTINGS AND SELLER OBLIGATIONS

6.1 Accurate Listings. If you list an Item, you must:

• own the Item or be authorized to sell it, and have it in your possession and available for sale;
• describe it honestly and completely, including brand, model, size, age, wear, repairs, missing parts, odors, stains and any defect a reasonable Buyer would want to know about;
• use your own recent photographs of the actual Item, taken from enough angles to show its true condition, and not stock or edited images that misrepresent it;
• set a price in United States dollars and state the delivery options you offer;
• for Safety Gear, show the certification label, date stamps and model information clearly in the photographs; and
• keep the Listing up to date and remove it promptly if the Item is no longer available.

6.2 Binding offer. A Listing is an offer to sell. When a Buyer completes checkout for an available Item, a binding contract is formed between the Buyer and the Seller and the Seller must complete the sale on the terms of the Listing.

6.3 Seller responsibility for the Item. As between ForGrabs and the Seller, the Seller is solely responsible for the Item, its description, its safety and its compliance with law, including the rules in Section 7. A Condition Grade or Safety Check does not shift that responsibility to ForGrabs.

6.4 Our rights over Listings. We may edit Listing categories or formatting, decline, hide, remove or reorder Listings, and limit the number of Listings, where we reasonably believe this is needed to keep the marketplace safe, lawful and useful or to enforce these Terms.

7. PROHIBITED AND RESTRICTED ITEMS

7.1 Prohibited Items. You must not list or sell:

• any Item that is subject to a recall, unless the recall remedy has been completed and documented in the Listing, or any Item that has been banned by the U.S. Consumer Product Safety Commission;
• Safety Gear that is cracked, deformed, has been involved in a significant impact, is missing required padding, labels or parts, has been modified, or whose certification or reconditioning has lapsed where the manufacturer or certifying body requires periodic recertification;
• any children's product that you know or reasonably suspect does not meet applicable federal safety requirements, including limits on lead in paint and surface coatings;
• counterfeit, replica or unauthorized goods, or Items that infringe anyone's intellectual property rights;
• stolen goods, or Items you do not have the right to sell;
• firearms, ammunition, weapons, fireworks or explosives, including air guns, archery broadheads and other weapons that are sold as sporting equipment;
• drugs, supplements, medicines, medical devices, alcohol or tobacco and vaping products;
• used mouthguards, used undergarments, used protective cups and other used items that cannot be adequately cleaned;
• live animals, gift cards, tickets, digital goods, services or anything that is not a physical sports Item; or
• anything else whose sale is unlawful or that we notify you is not permitted.

7.2 Gear safety rules. The Prohibited Items and Gear Safety Policy sets out further rules on restricted Items and on listing Safety Gear, and Sellers must comply with it.

7.3 Recalls. Sellers must check each Item against the recall database of the U.S. Consumer Product Safety Commission at https://www.cpsc.gov/Recalls and against the manufacturer's recall notices before listing it. Buyers should do the same before using any Item.

7.4 Our action. We may remove any Listing, cancel any Order and refund the Buyer, and take action under Section 20, where we reasonably believe an Item is prohibited, recalled or unsafe. We may also share information with the Consumer Product Safety Commission, law enforcement or a rights owner where we believe this is required or appropriate.

8. CONDITION GRADES, SAFETY CHECKS AND AI FEATURES

8.1 How GearGrader works. When a Seller uploads photographs, GearGrader uses a third-party artificial intelligence model to identify the Item and suggest a Condition Grade with a short explanation of what it observed. For Safety Gear, a Condition Grade describes cosmetic condition only, and GearGrader also shows a Safety Check. Where GearGrader cannot identify an item of Safety Gear with confidence, it does not give a Condition Grade.

8.2 What a Condition Grade is. A Condition Grade is an automated estimate based only on the photographs the Seller supplied. It is not a physical inspection, appraisal, authentication or guarantee. It cannot detect defects that the photographs do not show, such as internal damage, odors, missing parts outside the frame or wear on hidden surfaces. Buyers should read the full Listing, review the photographs, ask the Seller questions and, for local pickup, inspect the Item before giving the Seller the handoff code.

8.3 ForGrabs never certifies Safety Gear. A Safety Check is general guidance only. ForGrabs does not test, certify, recertify or approve any Safety Gear, and nothing in the Services means that an Item is safe or fit for use. Buyers should look for the certification stamp of the relevant standards body, such as the National Operating Committee on Standards for Athletic Equipment (NOCSAE) or the Hockey Equipment Certification Council (HECC), check the manufacturer's and the Consumer Product Safety Commission's recall information, confirm fit, and follow the manufacturer's guidance on age limits, recertification and replacement. If in doubt, do not use the Item.

8.4 Listing assistant and gear questions. The listing assistant can suggest titles, descriptions and categories, and the gear question tool can answer general questions about gear. Their outputs may be inaccurate or incomplete. A Seller who uses suggested text is responsible for checking it and remains responsible for the accuracy of the published Listing.

8.5 Grade review. A Seller may ask us to review a Condition Grade the Seller believes is wrong by contacting support. A Seller must not manipulate photographs to influence a Condition Grade, or describe an Item in a way that contradicts what the photographs show.

8.6 No guarantee of availability. We may change the AI providers or models we use, and may modify, limit or withdraw any AI Feature.

9. BUYING ON FORGRABS

9.1 Before you buy. You are responsible for reading the whole Listing, checking size and fit charts, asking the Seller any questions and deciding whether the Item suits the intended user. Sizes of pre-owned gear may differ from manufacturer charts.

9.2 Checkout. When you complete checkout, you agree to pay the total amount shown, which may include the Item price, any shipping charge, any Buyer service fee and any applicable tax. You authorize us and our payment processor to charge your selected payment method for that amount.

9.3 Cancellation before handover. A Buyer may cancel an Order through the App at any time before the Item is shipped or handed over, and the Buyer will be refunded in full. A Seller may cancel a local pickup Order through the App before handover, and the Buyer will be refunded in full. If the Seller does not ship or hand over the Item within the time shown in the App, the Order is cancelled automatically and the Buyer is refunded in full. Either party may also ask support to cancel an Order.

9.4 Commitment to buy. You must not place an Order you do not intend to complete. Repeatedly cancelling Orders or failing to collect Items may lead to action under Section 20.

10. PAYMENTS, FEES AND TAXES

10.1 Payment processor. Payments are processed by Stripe, Inc. and its affiliates ("Stripe"). Sellers, or for Sellers under 18 their parent or legal guardian, must open a connected account with Stripe and accept the Stripe Connected Account Agreement, which includes the Stripe Services Agreement, as amended from time to time. By using the payment features, you also authorize us to share information about you and your transactions with Stripe. We do not store full payment card numbers.

10.2 Limited payment collection agent. Each Seller appoints ForGrabs as its limited agent solely to accept payments from Buyers on the Seller's behalf through Stripe. A Buyer's payment obligation to the Seller is satisfied when payment is received by ForGrabs or Stripe for the Order. ForGrabs is not a bank, escrow agent or money transmitter, and funds held under Section 11 are held by Stripe in accordance with its terms.

10.3 Fees. We charge the Seller a commission, and may charge the Buyer a service fee, as shown in the App before the Seller lists or the Buyer pays. Payment processing costs may be included in or added to those fees. We may change our fees for future Listings and Orders by giving notice in the App or by email before the change takes effect. Fees are not refundable except as stated in Section 13 or required by law.

10.4 Deductions. We may deduct our fees, any refund owed to a Buyer and any other amount a Seller owes us under these Terms from the Seller's payouts.

10.5 Sales tax. In states where we are required to act as a marketplace facilitator, we calculate, collect and remit sales and use tax on Orders, and the tax is shown at checkout. Sellers are otherwise responsible for any taxes on their sales and income.

10.6 Tax reporting. Our payment processor or we may be required to collect a Seller's taxpayer information and to report a Seller's gross payments to the Internal Revenue Service and state tax authorities. We may withhold payouts until required tax information is provided.

10.7 Payments outside ForGrabs. You must not ask for, offer or accept payment for an Item listed on ForGrabs by any method other than checkout in the App, including cash, payment apps or bank transfer. Buyer protection under Section 13 does not apply to payments made outside the Services, and taking a transaction off the Services is a breach of these Terms.

11. PAYMENT HOLD, CONFIRMATION AND PAYOUTS

11.1 Payment hold. When a Buyer pays, the Buyer's payment is held and the Seller is not paid until the Order is completed under Section 11.2.

11.2 When an Order completes. An Order completes at the first of the following:

• for a shipped Order, 3 days after the Buyer marks the Item as received in the App, if the Buyer has not opened a request under Section 13 by then;
• for a shipped Order, 14 days after the Seller marks the Item as shipped in the App, if the Buyer has not marked it as received or opened a request under Section 13 by then; or
• for a local pickup Order, when the Seller enters the Buyer's handoff code in the App at handover, or when the Buyer marks the Item as received in the App, if earlier.

11.3 Inspect before the Order completes. Buyers should inspect the Item before the Order completes; for local pickup, that means before giving the Seller the handoff code. Once an Order completes, it is final and the Buyer cannot later open a request under Section 13 for that Order, except where the Buyer could not reasonably have discovered the problem on inspection and we decide, acting reasonably, that a review is warranted.

11.4 Payouts. After an Order completes, the sale proceeds, less our fees and any other permitted deductions, are released to the Seller's Stripe connected account. The time it then takes for funds to reach the Seller's bank depends on Stripe and the bank. If a Seller has not set up a payout account that can receive the proceeds within 90 days after an Order completes, the Seller forfeits those proceeds and we may keep them, to the extent permitted by law. We will remind the Seller before this happens.

11.5 Holds and reversals. We or Stripe may delay, hold or reverse a payout where there is an open request under Section 13, a chargeback, suspected fraud or a breach of these Terms, or where required by law. If a Buyer's card issuer reverses a payment, the Seller may be responsible for the reversed amount where the Seller did not comply with these Terms.

12. SHIPPING AND LOCAL PICKUP

12.1 Delivery options. Each Seller chooses whether to offer local pickup, shipping or both, and the Buyer chooses from the options offered.

12.2 Shipping. For a shipped Order, the Seller must pack the Item securely, ship it within the time shown in the App, using a tracked service where possible, and mark it as shipped in the App. Risk of loss passes to the Buyer on delivery. If a shipment is lost or arrives damaged because of poor packing, the matter is handled under Section 13.

12.3 Local pickup. For a local pickup Order, the Buyer and Seller arrange a time and place through the App's messaging. Buyers should inspect the Item at handover and give the Seller their handoff code only once satisfied. The Seller enters the code in the App to complete the Order. Sellers must not hand over an Item until the Buyer has paid through checkout.

12.4 Meeting safely. Arrange meetups in a busy public place during daylight, such as a store entrance or a location designated as a safe exchange zone by your local police department. Bring another adult where possible. Do not bring children to a meetup with someone you do not know. Users under 18 must not attend a meetup without their parent or legal guardian, and adult Users must not ask a User under 18 to meet without a parent or guardian present. Never share your home address unless you are comfortable doing so, and leave if anything feels wrong. ForGrabs does not screen Users' backgrounds and is not responsible for what happens at meetups, subject to Section 22.4.

13. BUYER PROTECTION, DISPUTES BETWEEN USERS AND REFUNDS

13.1 When you can ask for a refund. A Buyer may open a request in the App, before the Order completes under Section 11.2, if:

• a shipped Item does not arrive;
• the Item arrives materially damaged; or
• the Item is materially different from the Listing, for example a different size, brand or model, undisclosed damage or defects, missing parts that the Listing did not disclose, a counterfeit, or a recalled Item.

13.2 What is not covered. Buyer protection does not cover a change of mind, an Item that does not fit where the Listing stated the size accurately, minor wear consistent with the Listing and photographs, disagreement with a Condition Grade where the Listing and photographs were accurate, or Orders paid for outside the Services.

13.3 Evidence and response. The Buyer must describe the problem in the App and provide clear photographs if we ask for them. The Seller will have the opportunity to respond. We may ask either party for more information and may decide the request if the parties do not resolve it themselves.

13.4 Returns. If a request is upheld, we may require the Buyer to return the Item in the condition received, using the method and within the time we specify, before the refund is issued. Where the Item was materially different from the Listing or arrived damaged because of poor packing, return shipping is paid for by the Seller. Returned Safety Gear that we reasonably consider unsafe may instead be required to be disposed of, with proof.

13.5 Full refund. If a request is upheld, the Buyer receives a full refund of the amount paid for the Order, including shipping and any Buyer service fee, to the original payment method, and the Seller is not paid for the Order.

13.6 Our decisions. We will make decisions on requests fairly and in good faith, based on the information available to us. Our decision on a request decides only how held funds are dealt with. It does not prevent a Buyer or Seller from pursuing any legal claim against the other, and it does not affect any right a Buyer has with their card issuer or under consumer protection law.

13.7 Buyer Protection and Refund Policy. The Buyer Protection and Refund Policy explains the request, return and refund process in more detail.

13.8 Disputes between Users. Disputes between a Buyer and a Seller are between them. You release ForGrabs from claims arising out of disputes with other Users to the extent set out in Section 23.3.

14. HIGH-VOLUME SELLERS

14.1 Information we must collect. If you meet the definition of a high-volume third party seller under the federal INFORM Consumers Act, we must collect, verify and periodically ask you to confirm certain information, including your bank account details, contact information, and tax identification number or business registration details. You must provide this information within the time we specify and keep it current.

14.2 Disclosure to Buyers. Where the law requires, we will display your name, physical address and contact details on your Listings or seller page, or in the Order confirmation.

14.3 Suspension. If you do not provide or confirm the required information within the period the law allows, we will suspend your selling privileges until you do.

14.4 Reporting. Any User may report suspicious marketplace activity by a Seller through the report tool in the App or by email to contact@itsforgrabs.com.

15. USER CONTENT, PHOTOGRAPHS AND REVIEWS

15.1 Your User Content. You keep ownership of your User Content. You are responsible for it and confirm that you have all rights needed to submit it and to grant the license below.

15.2 License to us. You grant ForGrabs a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to host, store, reproduce, adapt, format, display, distribute and process your User Content to operate, provide, improve and promote the Services, including displaying your Listings on the Website, in the App and in search results, social media and advertising for the Services. This license continues for a reasonable period after you delete the content or your account, to allow removal from backups and any marketing already in circulation, and continues indefinitely for content already shared with other Users, such as messages and reviews.

15.3 Photographs of children. Photograph the gear, not the child. Do not upload photographs that show a child's face, or a child's name, school, team name or jersey number that could identify them, unless you are that child's parent or legal guardian and you choose to do so. We recommend cropping or blurring any identifying details before upload. We may remove, crop or blur photographs that show children.

15.4 Ratings and reviews. Buyers may rate the Seller once an Order has shipped or, for local pickup, been handed over. Reviews must reflect your genuine experience of that Order. You must not post fake reviews, review your own Items, offer or accept anything of value in exchange for a review or for changing or removing one, or threaten a negative review to obtain a benefit. We may remove reviews that breach these Terms but do not edit reviews to change their meaning or suppress reviews just because they are negative.

15.5 Moderation. We may, but have no obligation to, monitor, review, edit or remove User Content. We use automated tools and human review to help detect fraud, prohibited Items, unsafe conduct and breaches of these Terms.

16. MESSAGING AND COMMUNITY SAFETY

16.1 Messaging. Use messaging only to discuss Listings and Orders. Messages may be reviewed by automated tools and, where a message is reported or flagged, by our team, to protect Users and enforce these Terms.

16.2 Blocking and reporting. You can block any User, and report a Listing, a conversation or a comment, in the App. You can report anything else, including a profile or review, by email to contact@itsforgrabs.com. We review reports and may take action under Section 20.

16.3 Emergencies. If you believe someone is in danger, contact 911 or local law enforcement first, then report the matter to us.

16.4 Community Guidelines. You must follow the Community Guidelines, which set out our expectations for honest Listings, respectful conduct, protecting children, safe meetups and genuine reviews.

17. ACCEPTABLE USE

17.1 Prohibited conduct. You must not, and must not help anyone else to:

• use the Services for any unlawful, fraudulent or deceptive purpose, including fake Listings or Orders, misrepresented Items, fake shipping information or fraudulent refund requests;
• harass, threaten, stalk, discriminate against or abuse any person, or contact a User for any purpose unrelated to a Listing or Order;
• post content that is sexual, obscene, hateful, violent or otherwise objectionable, or any content that sexualizes or exploits a child;
• collect or use another User's personal information for any purpose other than completing a transaction with them, or send spam or unsolicited marketing;
• create accounts by automated means, under false pretenses or to evade a suspension;
• use bots, scrapers or other automated tools to access the Services or copy Listings or data;
• interfere with or disrupt the Services, probe their security, or bypass any access control, rate limit or verification step; or
• copy, modify, reverse engineer or create derivative works of the App or the Services, except to the extent the law expressly permits.

17.2 AI Features. You must not use the AI Features to generate unlawful, deceptive or harmful content, or attempt to manipulate them into revealing their instructions or behaving in ways they are not designed to behave.

18. INTELLECTUAL PROPERTY AND COPYRIGHT COMPLAINTS

18.1 Our rights. The Services, including the software, design, text, graphics, GearGrader and the ForGrabs name and logo, are owned by or licensed to ForGrabs and protected by intellectual property laws. We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Services and to install the App on devices you own or control, for their intended purpose and in accordance with these Terms. No other rights are granted.

18.2 Feedback. If you send us suggestions or feedback, we may use them without restriction or payment to you.

18.3 Copyright complaints. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. To submit a notice, send our designated agent a written communication that includes your signature, identification of the copyrighted work, identification of the infringing material and where it appears, your contact details, 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 a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner.

18.4 Designated agent. Copyright Agent, ForGrabs, 4140 North Central Avenue, Phoenix, Arizona 85012, email: contact@itsforgrabs.com.

18.5 Counter-notices and repeat infringers. If your content was removed following a notice, you may send a counter-notice that meets the requirements of the Digital Millennium Copyright Act. We terminate, in appropriate circumstances, the accounts of Users who are repeat infringers.

18.6 Trademark and counterfeit complaints. Rights owners may report counterfeit Items or trademark infringement to contact@itsforgrabs.com.

19. THIRD-PARTY SERVICES AND APP STORES

19.1 Third-party services. The Services rely on, and may link to, third-party services such as payment processing, mapping, shipping carriers, analytics and app stores. Their terms and privacy policies govern your use of them, and we are not responsible for them.

19.2 App stores. If you download the App from the Apple App Store or Google Play, you must also comply with that store's terms. These Terms are between you and ForGrabs only, not with Apple Inc. or Google LLC, and ForGrabs, not the store provider, is responsible for the App and its content, maintenance, support, warranty and any claims relating to it.

19.3 Apple. If you obtained the App from the Apple App Store, your license to use it is limited to Apple-branded devices that you own or control and as permitted by the usage rules in Apple's Media Services Terms and Conditions. To the extent any warranty applies and is not effectively disclaimed, if the App fails to conform to it you may notify Apple, which will refund the purchase price of the App, if any, and Apple has no other warranty obligation for the App. Apple is not responsible for addressing any claim by you or a third party relating to the App, including product liability, legal or regulatory compliance, consumer protection or intellectual property claims. You confirm that you are not located in a country subject to a United States government embargo or designated as a terrorist-supporting country, and are not on any United States government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

20. SUSPENSION, TERMINATION AND ACCOUNT CLOSURE

20.1 By you. You may close your account at any time in the App settings or by emailing contact@itsforgrabs.com. Open Orders must be completed or cancelled first, and amounts owed by or to you will be settled in line with these Terms.

20.2 By us. We may warn you, remove content, limit features, hold payouts, or suspend or close your account if we reasonably believe you have breached these Terms, created risk or possible legal exposure for us or other Users, or engaged in fraud, or if we are required to do so by law. Where it is safe and lawful to do so, we will tell you the reason and give you a chance to respond.

20.3 Discontinuing the Services. We may suspend or stop offering the Services, or part of them, with reasonable notice where possible.

20.4 Effect. When your account closes, your license to use the Services ends and your Listings are removed. We keep certain information as described in the Privacy Policy. Sections 2, 10.4, 11.5, 13, 15.2, 18, 21, 22, 23, 24 and 25 survive.

21. DISCLAIMERS

21.1 As is. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, CONDITION GRADES, SAFETY CHECKS AND ALL OTHER AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY.

21.2 Items and Users. FORGRABS DOES NOT WARRANT ANY ITEM, INCLUDING ITS QUALITY, SAFETY, AUTHENTICITY, FIT OR CONDITION, AND DOES NOT WARRANT THE IDENTITY, CONDUCT OR RELIABILITY OF ANY USER. ANY WARRANTY GIVEN FOR AN ITEM IS GIVEN BY THE SELLER ALONE.

21.3 Use of sports gear. SPORTS INVOLVE A RISK OF INJURY. YOU ARE RESPONSIBLE FOR DECIDING WHETHER ANY ITEM IS SUITABLE AND SAFE FOR ITS INTENDED USER AND FOR SUPERVISING ITS USE BY CHILDREN.

21.4 Availability. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT LISTINGS OR OTHER CONTENT WILL BE ACCURATE OR AVAILABLE.

21.5 State law. Some states do not allow the exclusion of certain warranties, so some of the above may not apply to you.

22. LIMITATION OF LIABILITY

22.1 Excluded losses. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORGRABS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, ANY ITEM, ANY TRANSACTION OR THESE TERMS.

22.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO FORGRABS IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).

22.3 Refund obligations unaffected. Section 22.2 does not limit our obligation to refund a Buyer under Section 13 where we have upheld a request.

22.4 Exceptions. Nothing in these Terms limits liability for fraud, for gross negligence or willful misconduct, or for death or personal injury caused by our negligence, or any other liability that cannot be limited under applicable law.

23. INDEMNIFICATION AND RELEASE

23.1 Indemnity. To the extent permitted by law, you will defend, indemnify and hold harmless ForGrabs and its officers, directors, employees and agents from third-party claims, and related losses, damages, penalties and reasonable legal fees, arising from your User Content, Items you list or sell, your breach of these Terms or your violation of any law or the rights of any third party.

23.2 Procedure. We will notify you of any such claim, may choose to control its defense at your cost, and you must cooperate with us. You may not settle a claim that imposes an obligation or admission on us without our written consent. This Section 23 does not apply to the extent a claim results from our own breach or wrongdoing.

23.3 Release. To the extent permitted by law, you release ForGrabs and its officers, directors, employees and agents from claims, demands and damages, known and unknown, arising out of disputes between you and other Users, including about Items or meetups, except to the extent caused by our own breach, negligence or wrongdoing. If you live in California, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." Residents of other states waive any similar law to the same extent.

24. GOVERNING LAW AND DISPUTE RESOLUTION

24.1 Governing law. These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, and the Federal Arbitration Act governs Sections 24.3 to 24.9.

24.2 Informal resolution. Before starting arbitration or court proceedings, you and we each agree to try to resolve any dispute informally for at least 60 days. The party raising the dispute must send a written notice describing it and the relief sought, to contact@itsforgrabs.com if sent to us, or to the email address on your account if sent to you. Any limitation period is suspended while this process runs.

24.3 Binding individual arbitration. Except as stated in Section 24.5, any dispute, claim or controversy between you and ForGrabs arising out of or relating to these Terms or the Services, including whether a matter is subject to arbitration, will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at https://www.adr.org. The arbitration will be conducted by a single arbitrator, by video conference or written submissions where the rules allow, or, if an in-person hearing is required, in the county where you live. Payment of filing and arbitration fees will be governed by the AAA's rules, and the arbitrator may award the same individual relief that a court could award.

24.4 Class action and jury waiver. YOU AND FORGRABS EACH AGREE THAT DISPUTES WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND EACH WAIVES THE RIGHT TO A JURY TRIAL.

24.5 Exceptions. Either party may bring an individual claim in small claims court, and either party may seek an injunction in court to stop the infringement or misuse of intellectual property rights or unauthorized access to the Services.

24.6 Mass filings. If 25 or more similar demands for arbitration are filed against us by or with the help of the same law firm or organization, the AAA's mass arbitration supplementary rules will apply, and the demands may be administered in batches, with a single arbitrator for each batch, to the extent those rules allow.

24.7 If the class waiver fails. If Section 24.4 is found unenforceable for any claim or type of relief, that claim or relief will be severed and decided by a court under Section 24.9 after any arbitrable claims are resolved, and the rest of this Section 24 will continue to apply.

24.8 Opt-out. You may opt out of arbitration by emailing contact@itsforgrabs.com within 30 days after you first accept these Terms, with the subject line "Arbitration Opt-Out" and your name and the email address on your account. Opting out does not affect the rest of these Terms.

24.9 Courts. Any dispute that is not arbitrated will be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you and we consent to their personal jurisdiction.

24.10 Changes to this Section. If we make a material change to this Section 24, it will not apply to a dispute of which we had written notice before the change took effect.

25. CHANGES, GENERAL TERMS AND CONTACT

25.1 Changes to these Terms. We may update these Terms to reflect changes to the Services, our business or the law. We will post the updated Terms with a new Effective Date and, for material changes, give at least 15 days' notice by email or in the App before they take effect. If you continue to use the Services after the changes take effect, you accept them. If you do not agree, you must stop using the Services and close your account.

25.2 Entire agreement. These Terms, the policies listed in Section 1.3 and any policies or in-app terms shown to you for a specific feature form the entire agreement between you and ForGrabs about the Services.

25.3 Assignment. You may not transfer your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization or sale of all or part of our business.

25.4 Severability, waiver and force majeure. If any provision of these Terms is unenforceable, it will be limited to the minimum extent necessary and the rest will remain in effect. A failure to enforce a provision is not a waiver. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of payment, hosting or AI providers, carrier delays, natural disasters and acts of government.

25.5 Marketing emails. If you join our waitlist or agree to receive marketing, we may send you news, offers and updates by email. You can unsubscribe at any time using the link in any marketing email.

25.6 Electronic communications and notices. You agree to receive agreements, notices and disclosures electronically. We may give notices by email, push notification, in-app message or by posting them on the Website. Notices to us must be sent to contact@itsforgrabs.com.

25.7 No third-party beneficiaries. Except as stated in Section 19.3, no third party has any right to enforce these Terms.

25.8 Contact. Questions about these Terms can be sent to:

• ForGrabs
• Address: 4140 North Central Avenue, Phoenix, Arizona 85012
• Email: contact@itsforgrabs.com
• Website: https://itsforgrabs.com