Terms of Service

These Terms of Service (the "Terms") govern your access to and use of VirtuFlea Market (the "Marketplace", "we," "us," or "our"), including the website you are on now and any related apps, listings, checkout flows, and seller pages (together, the "Service").

By creating an account, browsing listings, listing an item for sale, or completing a purchase, you agree to be bound by these Terms. If you do not agree, do not use the Service.

The Marketplace is built and hosted on Whop, Inc.'s platform and uses Whop's account, checkout, and payments infrastructure. Your use of the Service is also subject to Whop's Terms of Service, Whop's Privacy Policy, and Whop's Community Guidelines, which apply in addition to these Terms and control if there is a direct conflict on a matter Whop's terms govern (such as payment processing, identity verification, or platform-wide conduct).

You must be at least 18 years old, or the age of legal majority where you live, to buy or sell on the Marketplace. By using the Service you represent that you meet this requirement and that you have the legal capacity to enter into a binding contract.

You sign in using your Whop account ("Continue with Whop"). You are responsible for all activity that occurs under your account, for keeping your Whop credentials secure, and for the accuracy of the name, username, and profile information associated with it. Notify us promptly, through your Whop account's support options, if you believe your account has been compromised.

One person or entity may not maintain multiple accounts to evade a suspension, manipulate listings, or circumvent fees. We may refuse service, suspend, or terminate any account at our discretion, including for the reasons described in Section 8 below.

VirtuFlea Market is a peer-to-peer venue: individual users ("Sellers") list items they personally own for sale, and other users ("Buyers") purchase those items directly from the Seller. We are not the manufacturer, owner, or seller of any item listed by a user, and we do not inspect, endorse, or guarantee any listing before it is published.

The contract of sale for any item is formed directly between the Buyer and the Seller. Our role is limited to providing the listing tools, discovery, messaging surfaces, and Whop-powered checkout that make that transaction possible, plus the buyer protection described in our Returns & Buyer Protection Policy.

As a Seller, you agree that:

• You own the item outright, or have full legal authority to sell it, free of any lien, claim, or third-party interest.
• Your title, photos, description, condition, size, and price accurately and completely describe the actual item you are shipping or handing over — not a stock photo, a similar item, or an aspirational condition.
• You disclose material flaws, defects, prior repairs, and authenticity information you know or reasonably should know.
• You will not list anything covered by our Prohibited Items & Seller Conduct Policy.
• You will keep listings current — mark or remove an item once it is sold or no longer available, and honor the price shown at the time a Buyer checks out.
• You will ship or hand off a purchased item promptly, using trackable delivery where you offer shipping, and communicate delays to the Buyer.

We may edit, de-list, or reject a listing, or place limits on how many items you may list, at our discretion — for example if it appears inaccurate, prohibited, duplicated, or designed to mislead search or pricing.

All purchases are processed through Whop's payments infrastructure at checkout. The price, currency, and any fees shown at checkout are final at the moment you complete payment. We do not accept, and you agree not to request or make, payment for a listed item outside the Service's checkout — paying off-platform removes the buyer protection and payment safeguards described in our Returns & Buyer Protection Policy and is a violation of these Terms.

Platform and payment-processing fees, where applicable, are disclosed before you confirm a purchase or before a Seller publishes a paid listing. We do not store your full card details; payment credentials are handled directly by Whop's payment infrastructure.

Because each sale is between a Buyer and a Seller, cancellation and return eligibility depends on the item, the Seller's stated policy, and whether the item matches its listing. Full details, timelines, and how to request a refund are set out in our Returns & Buyer Protection Policy, which is part of these Terms.

You may not use the Service to list or buy anything prohibited by law, by these Terms, by our Prohibited Items & Seller Conduct Policy, or by Whop's Prohibited Products & Services Policy and Community Guidelines. That page also sets out required conduct for Sellers and Buyers and how violations are handled, including listing removal, warnings, suspension, and account termination.

"User Content" means anything you submit to the Service — listing photos, titles, descriptions, your seller-page bio, reviews, and messages. You retain ownership of your User Content. By submitting it, you grant us a worldwide, royalty-free, non-exclusive license to host, store, reproduce, display, and distribute it as needed to operate, promote, and improve the Marketplace (for example, showing your listing in search results, on your seller page, or in promotional placements on the site).

You represent that you have the rights to submit your User Content and that it does not infringe a third party's intellectual property, privacy, or publicity rights.

Aside from User Content, the Marketplace's design, branding, text, graphics, and software are owned by us or our licensors and protected by intellectual property law. You may not copy, scrape, or create derivative works from the Service outside of normal, intended use.

The Service is 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, and non-infringement, to the fullest extent permitted by law.

Because listings are created by other users, we do not warrant that any listing is accurate, safe, legal, or of a particular quality, and we do not guarantee uninterrupted, timely, secure, or error-free operation of the Service. Your interactions with other users, including exchanging money or items, are solely between you and that user, subject to the protections described in our Returns & Buyer Protection Policy.

To the fullest extent permitted by law, we and our officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to your use of the Service, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability to you for any claim arising out of or relating to the Service will not exceed the greater of (a) the amount you paid us directly (excluding amounts paid to another user) in the twelve months before the claim arose, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

You agree to defend, indemnify, and hold us and our officers, employees, and agents harmless from any claim, demand, loss, or damage, including reasonable attorneys' fees, arising out of or related to: your use of the Service; the items you list, sell, or buy; your breach of these Terms; or your violation of any law or third-party right.

We encourage Buyers and Sellers to resolve issues directly first. Where a purchase is eligible for buyer protection, follow the process in our Returns & Buyer Protection Policy. We may, but are not obligated to, help mediate a dispute, remove content, or restrict an account while a dispute is investigated. Disputes over a specific payment may also be escalated through Whop's payment dispute and resolution tools, which sit outside of our direct control.

We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that we believe violates these Terms, our other policies, applicable law, or is harmful to other users, us, or third parties, or for any other reason at our discretion. You may stop using the Service and disconnect your account at any time.

Sections of these Terms that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

We may modify or discontinue any part of the Service at any time. We may also update these Terms from time to time; the "Last updated" date at the top of this page reflects the most recent version. Material changes will be posted here, and continuing to use the Service after an update takes effect means you accept the revised Terms.

These Terms are governed by the laws applicable in the jurisdiction where the Marketplace operator is established, without regard to conflict-of-law principles, and any dispute that is not otherwise resolved will be subject to the courts having jurisdiction over that location, except where mandatory local consumer-protection law gives you the right to bring a claim in your own jurisdiction.

Disputes relating to payment processing itself are additionally subject to the arbitration and dispute-resolution terms in Whop's Terms of Service.

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce a right or provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with the policies they reference, are the entire agreement between you and us regarding the Service.

Questions about these Terms can be sent through the support option in your Whop account for this Marketplace, or by messaging the operator's Whop profile directly from any listing or seller page on this site.