These Terms of Service and End User License Agreement (the “Terms”) govern your access to and use of the Seconds mobile applications, website, software, marketplace tools, messaging tools, payment-related features, and related services. By creating an account, logging in, browsing, listing, messaging, buying, selling, or using Seconds, you agree to these Terms, the Privacy Policy, Seller Terms, Dispute and Refund Policy, and Prohibited Items Policy.
1. Definitions
- Seconds, we, us, or our means Seconds Inc. and the services it operates.
- Platform means the Seconds application, website, software, marketplace tools, messaging tools, payment-related features, and related services.
- User means anyone who accesses or uses the Platform.
- Buyer means a User who communicates about or purchases an item.
- Seller means a User who posts, offers, sells, or transfers an item.
- Listing means any product, service, description, photo, price, location, message, or other content posted by or for a Seller.
- Transaction means any proposed or completed purchase, sale, exchange, pickup, delivery, refund, payment, payout, dispute, or related interaction between Users.
- Payment Processor means Stripe or another third-party payment processor used by Seconds.
- User Content means listings, photos, messages, reviews, profile information, and other content provided by Users.
2. Parties and acknowledgement
These Terms are between you and Seconds only, not Apple. Seconds is solely responsible for the Platform and its content, subject to these Terms and applicable law.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms for the iOS application. Once you accept these Terms, Apple has the right to enforce them against you as a third-party beneficiary.
3. Eligibility and accounts
You may use the Platform only if you can form a legally binding agreement in your jurisdiction and are not prohibited from using the Platform by law, sanctions rules, payment-network rules, or our policies.
You must:
- provide accurate, current, and complete account information;
- keep your login credentials secure;
- promptly update account, payout, contact, and verification information;
- not transfer, sell, share, or let another person use your account.
You are responsible for all activity under your account.
4. License scope
Seconds grants you a personal, limited, non-transferable, non-exclusive, revocable license to use the Seconds application on Apple-branded products or other supported devices that you own or control, as permitted by applicable app store usage rules and these Terms.
You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, attempt to derive source code from, or create derivative works from Seconds, except where applicable law prohibits that restriction.
5. Marketplace role
Seconds is a technology marketplace that helps Users discover, communicate about, and transact for second-hand items. Unless we clearly state otherwise in a specific checkout flow or written agreement, Seconds:
- does not own, inspect, manufacture, store, take possession of, or transfer title to items listed by Users;
- is not the buyer, seller, broker, auctioneer, bailee, warehouse, insurer, or guarantor of User-listed goods;
- does not guarantee that a Listing exists or that an item is safe, lawful, authentic, available, accurately described, deliverable, or fit for any purpose;
- does not guarantee that a Buyer or Seller will complete a Transaction.
Users are responsible for their Listings, messages, profile information, Transactions, pickup or delivery arrangements, taxes, legal compliance, personal safety, and the decision whether to proceed with any Transaction.
6. User conduct and zero tolerance
Seconds has no tolerance for objectionable content or abusive Users. You must not:
- violate any law, regulation, sanctions rule, tax obligation, third-party right, or payment-network rule;
- post false, misleading, fraudulent, stolen, counterfeit, unsafe, illegal, or prohibited items;
- post, send, promote, list, or facilitate content or conduct that is unlawful, hateful, harassing, threatening, abusive, sexually exploitative, discriminatory, deceptive, fraudulent, violent, unsafe, invasive of privacy, infringing, or otherwise objectionable;
- bully, stalk, dox, intimidate, impersonate, scam, spam, exploit, threaten, or harm another person;
- scrape, reverse engineer, interfere with, overload, bypass, or misuse the Platform;
- attempt to avoid fees, risk controls, verification, payment controls, enforcement actions, or safety tools;
- use Listings, profiles, reviews, or messages to evade safety, moderation, payment, or legal controls;
- use Seconds to move funds unrelated to a genuine marketplace Transaction.
7. Listings and User Content
You retain ownership of your User Content. You grant Seconds a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, reproduce, modify for formatting, translate, display, distribute, promote, analyze, and otherwise use User Content to operate, improve, protect, and market the Platform.
You represent and warrant that:
- you own or have all rights needed to post and license your User Content;
- your User Content is accurate, lawful, and not misleading;
- your User Content does not infringe intellectual property, privacy, publicity, or other rights;
- your Listings comply with the Prohibited Items Policy and all applicable laws.
8. Filtering, moderation, reporting, and blocking
Seconds may use automated and manual tools to detect, analyze, filter, block, hide, demote, review, preserve, limit, or remove objectionable Listings, photos, messages, profiles, reviews, or other User Content before or after it appears on the Platform. We may use these tools for safety, fraud prevention, legal compliance, product improvement, and policy enforcement.
Users can report objectionable Listings, messages, conversations, profiles, or Users through in-app reporting controls or by contacting secondsmarketplace@proton.me.
Users can block abusive Users through in-app blocking controls. Blocking should remove the blocked User’s content from the blocking User’s feed or visible experience as quickly as the Platform can apply the change, and it notifies Seconds so we can review the underlying conduct.
Seconds will review objectionable content reports within 24 hours. Where we determine that content or conduct violates these Terms or Seconds policies, we may remove the content, restrict distribution, suspend features, disable payment access, eject or ban the offending User, preserve evidence, notify affected Users, or report information to service providers, payment processors, regulators, law enforcement, or other appropriate parties.
9. Buying and selling
Transactions are between the Buyer and Seller. Buyers and Sellers are responsible for:
- confirming item condition, authenticity, price, pickup or delivery details, and any return terms;
- keeping records, messages, photos, receipts, and proof of exchange;
- complying with applicable laws;
- resolving ordinary Transaction issues directly unless Seconds chooses to assist.
For in-person exchanges, Users are responsible for personal safety, choosing appropriate meeting locations, inspecting items before completing a Transaction, and protecting personal information.
10. Payments, payouts, and processor terms
Seconds may offer payment and payout features through Stripe or another Payment Processor. Payment features may be unavailable, delayed, limited, or changed at any time.
By using payment features, you agree that:
- you may be required to accept the Payment Processor’s terms and complete identity, tax, sanctions, business, or fraud checks;
- the Payment Processor may process card, bank, wallet, payout, and verification information;
- Seconds may create, submit, modify, capture, cancel, refund, reverse, transfer, withhold, or otherwise instruct payment activity as needed to operate the Platform, enforce these Terms, manage risk, or comply with law;
- payment approval does not guarantee item delivery, item quality, User honesty, or Transaction completion.
Seconds is not a bank, stored-value provider, money transmitter for User balances, escrow agent, trustee, or fiduciary. Do not describe any Seconds payment feature as escrow unless Seconds expressly provides that service in writing.
11. Marketplace payment risk
Payment processing does not shift all Transaction risk to a Payment Processor. To the maximum extent permitted by law, each User remains responsible for losses, fees, reversals, refunds, chargebacks, disputes, fines, penalties, negative balances, taxes, or claims caused by that User’s conduct, Listings, Transactions, or violation of these Terms.
Seconds may, in its discretion:
- delay, pause, reduce, or cancel payouts;
- place reserves or holds on Seller proceeds;
- reverse transfers or seek repayment from a Seller;
- refund a Buyer or cancel a Transaction;
- suspend or restrict accounts, Listings, payment features, or messaging;
- provide evidence to a Payment Processor, bank, card network, law enforcement authority, or regulator.
If Seconds is charged or debited because of your Listing, Transaction, dispute, chargeback, refund, negative balance, tax issue, policy violation, or unlawful conduct, you agree to reimburse Seconds for the amount and for reasonable related costs.
12. Refunds, disputes, and chargebacks
Refunds, returns, and payment disputes are governed by these Terms, the Dispute and Refund Policy, any Seller-specific terms that do not conflict with Seconds policies, applicable law, and payment-network rules.
Seconds may choose whether and how to assist with a Transaction issue. Seconds is not required to arbitrate User disputes, inspect items, determine authenticity, or guarantee a refund outcome.
Users must cooperate with requests for evidence, including Listing records, messages, proof of payment, pickup or delivery proof, photos, identity information, and other information reasonably needed to investigate a dispute.
13. Prohibited items and restricted activity
You may not list, offer, buy, sell, transfer, or promote items or activity prohibited by law, the Prohibited Items Policy, Payment Processor requirements, or Seconds policies. Seconds may remove any Listing, restrict any Transaction, or restrict any account that creates legal, safety, fraud, payment, privacy, tax, or platform-integrity risk, even if the item is not specifically named in the Prohibited Items Policy.
14. Taxes
Users are responsible for determining, collecting, reporting, remitting, and paying all applicable taxes, duties, fees, levies, and government charges related to their Listings and Transactions, except where Seconds is legally required to collect or remit them.
Sellers are responsible for their own income, sales, goods and services, harmonized sales, provincial, local, import, and other tax obligations. Seconds may collect tax information, issue tax forms, withhold amounts, or provide information to tax authorities where required or permitted by law.
15. Reviews, ratings, and trust signals
Reviews, ratings, badges, verification states, activity signals, and other trust indicators are informational only. They are not endorsements, guarantees, warranties, credit checks, background checks, or promises that a User or item is safe or reliable.
Users must not manipulate reviews, submit fake feedback, pressure others for dishonest reviews, or use reviews abusively.
16. Location and safety
Seconds is map-first and may use approximate or precise location features depending on permissions and settings. Users must not use location, messaging, or Listing information to stalk, harass, threaten, dox, discriminate against, or harm another person.
Seconds may show approximate locations by default and may limit location detail for safety, privacy, fraud prevention, or product reasons.
17. Privacy
Our collection and use of personal information is described in the Privacy Policy. By using the Platform, you acknowledge that Seconds may collect, use, disclose, retain, and protect personal information as described in that policy.
18. Seconds intellectual property
Seconds and its logos, names, designs, software, interfaces, text, graphics, and other materials are owned by Seconds or its licensors. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Platform except as permitted by law or by written permission from Seconds.
19. Third-party services
Payments, payouts, identity verification, app distribution, analytics, hosting, communications, and other features may be provided by third parties, including Stripe, Apple, Google, Supabase, or other providers. Third-party services may have their own terms and privacy policies.
Seconds is responsible for the services it provides, but it is not responsible for third-party products or services outside its control.
20. Maintenance and support
Seconds is solely responsible for maintenance and support for the Seconds application as required by these Terms or applicable law. Apple has no obligation to provide maintenance or support services for Seconds.
For support, legal, privacy, safety, policy, or moderation questions, contact secondsmarketplace@proton.me.
21. Changes to the Platform or Terms
Seconds may modify, suspend, discontinue, or limit any part of the Platform at any time. Seconds may update these Terms by posting a revised version. Continued use after the effective date of updated Terms means you accept the updated Terms.
22. Warranty disclaimer
To the maximum extent permitted by law, the Platform is provided “as is” and “as available.” Seconds disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, security, and uninterrupted operation.
Seconds does not warrant that the Platform will be error-free, secure, uninterrupted, or that Listings, Users, payments, messages, recommendations, prices, or trust signals will be accurate or reliable.
If Seconds fails to conform to any applicable warranty for the iOS application, you may notify Apple, and Apple may refund the purchase price, if any, for the application. To the maximum extent permitted by law, Apple has no other warranty obligation for Seconds.
23. Product and intellectual property claims
Seconds, not Apple, is responsible for addressing claims by you or a third party relating to the Seconds application or your possession and use of it, including product-liability claims, legal or regulatory claims, consumer-protection claims, or claims that the application fails to conform to applicable requirements.
If a third party claims that the Seconds application or your possession and use of it infringes that third party’s intellectual property rights, Seconds, not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim.
24. Limitation of liability
To the maximum extent permitted by law, Seconds will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages, or for losses arising from User conduct, Listings, Transactions, item condition, fraud, scams, unauthorized access, payment disputes, chargebacks, meetings, location sharing, or third-party services.
To the maximum extent permitted by law, Seconds’ aggregate liability for all claims relating to the Platform will not exceed the greater of the amount you paid directly to Seconds in the 12 months before the claim or CAD $100.
Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.
25. Indemnification
To the maximum extent permitted by law, you agree to indemnify and hold harmless Seconds, its affiliates, directors, officers, employees, contractors, service providers, and agents from claims, demands, liabilities, losses, damages, penalties, fines, costs, and expenses, including reasonable legal fees, arising from:
- your access to or use of the Platform;
- your User Content, Listings, or Transactions;
- your violation of these Terms, policies, law, or third-party rights;
- taxes, refunds, chargebacks, disputes, recalls, product defects, injuries, property damage, privacy incidents, or intellectual property claims connected to your activity.
26. Legal compliance
You represent and warrant that you are not located in a country or region subject to a U.S. government embargo or designated as a terrorism-supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
You may use Seconds only if you can form a legally binding agreement and are not prohibited from using the Platform by law, sanctions rules, payment-network rules, or Seconds policies.
27. Enforcement and termination
Seconds may investigate, moderate, restrict, suspend, or terminate accounts, Listings, payments, payouts, visibility, messaging, or access to the Platform at any time if we believe it is necessary to protect Users, Seconds, payment partners, legal compliance, or platform integrity.
Seconds may preserve or disclose information if we believe it is reasonably necessary to comply with law, enforce these Terms, respond to claims, detect fraud, protect safety, or protect rights and property.
Your license ends automatically if you violate these Terms. Sections that by their nature should survive termination will survive, including ownership, User Content licenses, disclaimers, limitations of liability, indemnification, enforcement, governing law, and dispute provisions.
28. Governing law
These Terms are governed by the laws of the Province of Quebec and the applicable federal laws of Canada, without regard to conflict-of-law rules, unless applicable consumer protection law requires otherwise.
Any dispute arising from or relating to these Terms or the Platform will be brought in the courts located in Quebec, unless applicable consumer protection law requires otherwise.
29. Contact
For support, legal, privacy, safety, reports, or policy questions, contact Seconds at secondsmarketplace@proton.me.