These Terms of Use govern access to and use of the Seconds mobile application, website, and related services. By creating an account, browsing, listing, messaging, buying, selling, or using payment features, you agree to these Terms and to any policy linked from them.
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. 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 deciding whether to proceed with any Transaction.
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. User conduct
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;
- harass, threaten, spam, deceive, impersonate, or abuse another User;
- 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 Seconds to move funds unrelated to a genuine marketplace Transaction.
5. 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.
Seconds may remove, limit, preserve, review, or use automated tools to analyze User Content for safety, fraud prevention, legal compliance, product improvement, and policy enforcement.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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 or restrict any Transaction even if the item is not specifically named in the Prohibited Items Policy.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. Suspension and enforcement
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.
17. 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.
18. Disclaimers
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.
19. 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.
20. 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.
21. 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.
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.
22. Contact
For legal, privacy, or policy questions, use the contact channel made available by Seconds in the app or on the website.