PictoFlip acts as a third-party facilitator between users looking to sell items (hereinafter referred to as "Sellers") and users looking to purchase items (hereinafter referred to as "Buyers"), collectively referred to as our "User Community." Our platform connects Sellers with Buyers through virtual storefronts where Sellers can list household items, clothing, tools, and other goods for sale via local pickup or shipping.
We offer optional identity verification for Sellers through our third-party verification partner to help establish trust and transparency. Sellers who complete verification receive a "Verified" badge on their storefront. However, we do not perform verification on all users, and verification is limited to identity confirmation only. Despite these precautions, we do not guarantee, endorse, or validate the accuracy of listings, condition of items, truthfulness of descriptions, or conduct of any member of our User Community. Therefore, we are not liable for any transaction, interaction, dispute, or damages arising from activities conducted through our platform between members of our User Community.
All transactions are conducted at the users' own risk. PictoFlip strongly encourages users to exercise caution, use good judgment, and follow safety protocols when arranging pickups or shipping items.
Promotional and Transactional Communications
By signing up for and using PictoFlip, you consent to receive promotional and transactional communications from us. These communications may include, but are not limited to:
Transactional Communications:
Order notifications (new orders, order status updates, shipping confirmations)
Payment confirmations and payout notifications
Store performance updates and sales summaries
Security alerts and account verification requests
Important updates about your listings or store status
Policy changes and legal notifications
Promotional Communications:
Tips for improving your sales and store visibility
New feature announcements and platform updates
Seller success stories and best practices
Seasonal selling opportunities and campaigns
Educational content about pricing and photography
You can opt out of receiving promotional communications at any time by following the unsubscribe link provided in such emails or by updating your notification preferences in the app. However, transactional communications related to your store, active orders, payments, security, or legal notifications are necessary for the operation of PicToFlip and cannot be opted out of.
We will never share your contact information with buyers or sellers without your explicit consent, except as necessary to facilitate transactions (such as providing shipping addresses for completed orders).
Users of PictoFlip agree not to:
General Conduct:
Misrepresent their identity, location, or verification status
Use the app for any unlawful or prohibited activities
Attempt to gain unauthorized access to the app's systems or networks
Create multiple accounts to circumvent restrictions or bans
Harass, threaten, or abuse other users
Selling Conduct:
List prohibited items (weapons, drugs, counterfeit goods, stolen property, etc.)
Post false, misleading, or deceptive item descriptions or photos
Use stock photos or images that don't represent the actual item
Manipulate prices after buyer commitment
Fail to disclose significant defects or issues with items
Engage in bait-and-switch tactics
Transaction Conduct:
Complete transactions outside of PictoFlip to avoid fees
Share personal payment information to circumvent our payment system
Refuse legitimate orders without valid reason
Provide false shipping/tracking information
Engage in fraudulent payment activities
Content Standards:
Post inappropriate, offensive, or explicit content
Include personal contact information in public listings
Spam other users with unsolicited messages
Breaches of these rules may lead to immediate removal of listings, temporary suspension, permanent banning from the platform, and/or forfeiture of pending payments. PictoFlip reserves the right to report illegal activities to appropriate authorities.
Indemnification
Users agree to indemnify, defend, and hold harmless PictoFlip, its parent company, subsidiaries, affiliates, officers, directors, agents, employees, partners, and licensors from and against any and all claims, demands, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
Your use of the PictoFlip platform
Your violation of these Terms of Service
Your violation of any rights of another user or third party
Any items you list, sell, or purchase through the platform
Any disputes between you and other users
Your violation of any applicable laws or regulations
Any content you post, including item listings, photos, and descriptions
Any transactions conducted through or facilitated by PictoFlip
This indemnification obligation will survive the termination or expiration of this Agreement and your use of PictoFlip.
In no event will PictoFlip, its parent company, subsidiaries, affiliates, officers, directors, agents, employees, partners, or licensors be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits, lost sales, lost data, loss of goodwill, or any other intangible losses, arising out of or related to:
Your use or inability to use the PictoFlip platform
Any transactions made through the platform
Unauthorized access to or alteration of your transmissions or data
Statements or conduct of any third party on the platform
Disputes between users
Items that are lost, damaged, or stolen during shipping or pickup
Any other matter relating to the PictoFlip service
This limitation applies even if PictoFlip has been advised of the possibility of such damages. In no event shall PicToFlip's total liability to you for all damages exceed the amount of fees paid by you to PictoFlip in the twelve (12) months prior to the claim, or one hundred dollars ($100), whichever is greater.
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.
The relationship between PictoFlip and its users (both Sellers and Buyers) is strictly that of a platform provider and independent users. Nothing in this Agreement creates, or shall be deemed to create, a partnership, joint venture, agency, franchise, or employment relationship between PictoFlip and any user.
Sellers are independent individuals or entities using PictoFlip's platform to create their own stores and conduct their own sales. Users shall not have the authority to bind, represent, or commit PictoFlip in any way, and nothing herein shall give users such authority.
Each party shall be solely responsible for its own operations, including:
Payment of all expenses incurred in connection with their activities
All applicable taxes, sales taxes, income taxes, duties, and governmental charges
Compliance with all applicable laws and regulations
Their own business decisions, pricing, and customer relationships
PicToFlip does not employ, supervise, direct, or control Sellers or their selling activities. Sellers retain complete control over their listings, pricing, fulfillment methods, and business operations conducted through their PicToFlip store.
17.1 "As-Is" Basis: The PictoFlip app, its features, and all content and services associated with it are provided to you on an "as-is" and "as available" basis. PictoFlip makes no representations or warranties of any kind, express or implied, as to the operation of the PictoFlip app or the information, content, materials, listings, or products included on or associated with it.
17.2 No Warranties: To the fullest extent permissible by applicable law, PictoFlip disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. PictoFlip does not warrant that the PictoFlip app, its servers, content, or e-mails sent from or on behalf of the company are free from viruses or other harmful components.
17.3 No Guarantee of Continuous Access: PictoFlip does not guarantee uninterrupted or error-free access to its services, nor does it guarantee that users will be able to access or use the services or their desired features whenever they wish. The app may occasionally be restricted for repairs, maintenance, or the introduction of new functionalities or services. This may impact your ability to manage listings, process orders, or access your store.
17.4 No Guarantee of Accuracy: While PictoFlip aims to provide accurate and functional platform services, it does not warrant the accuracy, completeness, authenticity, or condition of any listings, item descriptions, photos, or information provided by users on or through the app. All item listings are created by independent users and not verified by PictoFlip.
17.5 Limitation on Liability: By using the PictoFlip app, you agree that PicToFlip shall not be responsible or liable for any loss or damage of any sort incurred as a result of any transactions between Buyers and Sellers. Any claim or dispute between you and any other user, whether related to item condition, payment, shipping, or pickup, must be resolved directly between you and that party, without involving PictoFlip.
19.1 Agreement: PicToFlip and the user mutually agree to forego their individual rights to resolve disputes in a court of law by a judge or jury. Instead, they opt to settle any disagreement through arbitration, as detailed herein. This Mutual Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and will survive beyond the termination of this Agreement.
19.2 Class Action Waiver: Both parties hereby acknowledge and agree that they will only bring claims against the other in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. This means you cannot bring a claim as part of a class action against PicToFlip.
19.3 Arbitration Process:
For disputes where the relief sought is $1,000,000 or less, the arbitration shall be conducted by FairClaims, adhering to its prevailing Arbitration Rules & Procedures at the time a claim emerges.
If the relief sought exceeds $1,000,000, the arbitration will be managed by the American Arbitration Association ("AAA") under its existing rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), with modifications as outlined in this Agreement to Arbitrate.
19.4 Governing Law: This Agreement and its interpretation, as well as any disputes that might arise from it, will be governed by and interpreted in accordance with the laws of the jurisdiction in which PicToFlip is incorporated, without regard to its conflict of law provisions. Additionally, the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
19.5 Exceptions: This arbitration agreement does not apply to disputes concerning intellectual property rights or claims that qualify for small claims court in your jurisdiction.
By accessing or using the PicToFlip app, creating an account, or listing items for sale, both you and PicToFlip agree to adhere to the most recent version of this Agreement. This includes any addendums, policies, or documents incorporated herein, including but not limited to:
Privacy Policy
Community Guidelines
Prohibited Items Policy
Fee Schedule
The only exception is as outlined in Section 19 regarding your right to opt-out of arbitration within 30 days of first accepting these terms.
Any modifications or supplements to this Agreement will be binding upon:
Your continued use of PicToFlip after such changes are posted
Your electronic acceptance when prompted
Your completion of any transaction after changes are effective
PicToFlip reserves the right to update these Terms of Service at any time. We will notify users of material changes via email or in-app notification. Your continued use of PicToFlip after such notification constitutes acceptance of the modified terms.
If you do not agree to these Terms of Service, you must immediately cease using PicToFlip and close your account.
Platform Role PicToFlip serves solely as a facilitator connecting buyers and sellers. We do not control, enforce, or mediate cancellation or refund policies. All policies regarding cancellations, returns, and refunds are determined solely by individual sellers.
Seller Policies
Each seller has the right to establish their own cancellation and refund policies
Sellers may choose to offer refunds, exchanges, or maintain a "no returns" policy
Seller policies should be clearly stated in their store profile
Buyers are responsible for reviewing seller policies before making purchases
Once an order is accepted, sellers and buyers are bound by the seller's stated policies
Order Process
Sellers have 48 hours to accept or reject pending orders
If not accepted within 48 hours, the order expires and payment authorization is voided
Once a seller accepts an order, the transaction is between buyer and seller
PicToFlip processes payments but does not control refund decisions
Dispute Resolution
All cancellations, refunds, or disputes must be resolved directly between buyers and sellers
PicToFlip provides messaging tools for communication but does not arbitrate
We do not issue refunds on behalf of sellers or require sellers to issue refunds
Buyers accept that purchases are subject to individual seller policies
Platform Standards While we don't control individual transactions, PicToFlip reserves the right to remove sellers who demonstrate patterns of fraudulent behavior or consistently violate platform guidelines.
1.1 Eligibility Requirements To use PicToFlip, you must:
Be at least 18 years of age
Have the legal capacity to enter into binding contracts
Not be barred from using the service under applicable laws
Not have been previously suspended or removed from PicToFlip
1.2 Account Creation
You may only create one account per person
Business accounts must be created by an authorized representative
All registration information must be accurate, current, and complete
You must promptly update any changes to your account information
Using false information or impersonating others is grounds for immediate termination
1.3 Account Security You are responsible for:
Maintaining the confidentiality of your password
All activities that occur under your account
Immediately notifying PicToFlip of any unauthorized use
Ensuring no one else uses your account
PicToFlip is not liable for any loss or damage arising from your failure to protect your account information.
1.4 Verification
We may require identity verification at any time
Sellers may undergo optional Persona verification for a "Verified" badge
Failure to complete required verification may result in limited account functionality
Providing false verification documents will result in immediate termination
1.5 Username and Store Name
Usernames and store names must not infringe on trademarks
Offensive, misleading, or inappropriate names are prohibited
PicToFlip reserves the right to require name changes or reclaim usernames
2.1 Platform Fees
PicToFlip charges a service fee of 8% on all completed sales
Fees are automatically deducted from seller payouts
No listing fees, monthly fees, or setup costs
Fees are only charged when you make a sale
2.2 Payment Processing
All payments are processed through Stripe Connect
Sellers must complete Stripe onboarding to activate their store
Payment processing fees charged by Stripe are separate from PicToFlip fees
Sellers are responsible for any additional Stripe processing fees
2.3 Seller Payouts
Funds from completed sales are transferred per Stripe's payout schedule
PicToFlip's 8% fee is deducted before payout
Sellers can manage payout preferences in their Stripe dashboard
Pending payments may be held if account verification is required
2.4 Pricing and Currency
All prices must be listed in USD
Sellers set their own item prices
Prices must cover minimum platform fees (suggested minimum $0.50)
Shipping fees are set by sellers and paid by buyers
2.5 Refunds and Chargebacks
Sellers are responsible for their own refund policies
Platform fees are not refunded on cancelled or refunded orders
Sellers are liable for any chargebacks initiated by buyers
Excessive chargebacks may result in account suspension
2.6 Tax Obligations
Sellers are responsible for their own tax obligations
PicToFlip will provide necessary tax documents as required by law
Sales tax collection and remittance is the seller's responsibility
Sellers must comply with all applicable tax laws in their jurisdiction
3.1 Your Content
You retain ownership of all content you post on PicToFlip (photos, descriptions, store information)
You represent and warrant that you own or have rights to use all content you post
You are responsible for ensuring your content doesn't infringe on others' intellectual property rights
3.2 License to PicToFlip By posting content on PicToFlip, you grant us a:
Worldwide, non-exclusive, royalty-free, transferable license
Right to use, copy, modify, distribute, and display your content
License to operate the service and promote your listings
Right to sublicense these rights to service providers This license continues only while your content remains on the platform.
3.3 PicToFlip Intellectual Property
The PicToFlip name, logo, and platform design are our property
You may not use our trademarks without written permission
You may not copy, modify, or reverse engineer our platform
We retain all rights to our software, designs, and features
3.4 Copyright Infringement (DMCA) If you believe content infringes your copyright:
Send notice to: dmca@pictoflip.com
Include: identification of copyrighted work, infringing content location, your contact info, statement of good faith belief, and signature
False claims may result in legal liability
Repeat infringers will be terminated
3.5 Prohibited Uses You may not:
Use others' photos without permission
List counterfeit or replica items as authentic
Use brand names you're not authorized to sell
Copy listings from other sellers without permission
4.1 Content Standards All content posted on PicToFlip must:
Be accurate and not misleading
Represent actual items you own and are authorized to sell
Use real photos of the actual items (no stock images)
Comply with all applicable laws
Be appropriate for all audiences
4.2 Prohibited Content You may not post content that:
Contains false or deceptive information
Includes personal contact information in public listings
Contains hate speech, harassment, or discriminatory language
Includes explicit, offensive, or inappropriate material
Violates others' privacy or publicity rights
Promotes illegal activities or prohibited items
4.3 Content Monitoring and Removal
PicToFlip reserves the right to remove any content at our discretion
We may screen content but are not obligated to do so
We are not responsible for user content or its accuracy
Removed content may not be recoverable
Repeated violations will result in account termination
4.4 Photos and Descriptions
Photos must accurately represent the item's current condition
All significant defects must be disclosed
Descriptions must be truthful and complete
Enhanced or edited photos must not misrepresent items
Multiple angles are encouraged for transparency
4.5 User Responsibility You are solely responsible for:
The accuracy of your listings
Any claims made about items
Ensuring items are legally yours to sell
Consequences of false or misleading content
Backing up any content you wish to preserve
5.1 Termination by You
You may close your account at any time through account settings
Complete all pending transactions before closing your account
Fulfill all accepted orders prior to termination
Outstanding fees or obligations remain due after termination
5.2 Termination by PicToFlip We may suspend or terminate your account immediately if you:
Violate these Terms of Service
Engage in fraudulent or illegal activities
List prohibited items
Receive excessive complaints or chargebacks
Provide false information
Operate multiple accounts
Abuse platform features or other users
5.3 Effect of Termination Upon termination:
Your store and listings will be immediately deactivated
Pending orders must still be fulfilled
Platform fees on completed sales remain due
You lose access to your account and store data
Your username and store URL may become available to others
Any remaining balance will be paid out per Stripe's policies
5.4 Data Retention
Transaction records retained as required by law
Some content may remain in backups temporarily
We may retain data necessary for legal compliance
Public reviews or ratings may remain visible
You should export any data you wish to keep before termination
5.5 Survival The following sections survive termination:
Liability limitations
Indemnification obligations
Dispute resolution provisions
Intellectual property licenses for existing content
Payment obligations
6.1 Overview The following items may not be listed or sold on PicToFlip. This list is not exhaustive, and PicToFlip reserves the right to remove any listing deemed inappropriate or illegal.
6.2 Prohibited Categories
Illegal Items
Drugs, narcotics, or controlled substances
Drug paraphernalia
Stolen property
Counterfeit currency or financial instruments
Weapons and Dangerous Items
Firearms, ammunition, and gun parts
Explosives and hazardous materials
Knives intended as weapons
Pepper spray, tasers, or stun guns
Regulated and Restricted Items
Alcohol and tobacco products
Prescription medications
Medical devices requiring authorization
Recalled items or those banned by consumer agencies
Government IDs or uniforms
Intellectual Property Violations
Counterfeit or replica products
Bootleg recordings or pirated media
Items infringing on trademarks or copyrights
Unauthorized branded merchandise
Inappropriate Content
Adult content or services
Items promoting hate or discrimination
Human parts or remains
Live animals or endangered species products
Digital and Intangible Items
Digital downloads or accounts
Services rather than physical goods
Lottery tickets or gambling items
Gift cards or store credit
6.3 Consequences Listing prohibited items will result in:
Immediate removal of listings
Potential account suspension or termination
Forfeiture of any fees paid
Possible legal action and law enforcement referral
7.1 Privacy Policy Your use of PicToFlip is subject to our Privacy Policy, which is incorporated into these Terms of Service by reference. The Privacy Policy explains how we collect, use, and protect your information. By using PicToFlip, you consent to our data practices as described in the Privacy Policy.
7.2 Information We Collect
Account information (name, email, phone number)
Store and listing data
Transaction and payment information
Device and usage data
Location data for pickup radius settings
Communications between users
7.3 How We Use Your Information
To operate and improve the platform
Process transactions and payments
Send transactional and promotional communications
Verify identity and prevent fraud
Comply with legal obligations
Generate anonymous analytics
7.4 Information Sharing We may share your information with:
Other users as necessary for transactions
Stripe for payment processing
Persona for identity verification (if opted in)
Service providers who assist our operations
Law enforcement when required by law
Successors if PicToFlip is sold or merged
7.5 Your Rights You have the right to:
Access your personal information
Correct inaccurate data
Request deletion (subject to legal requirements)
Opt out of promotional communications
Export your data
7.6 Data Security We implement reasonable security measures but cannot guarantee absolute security. You are responsible for maintaining the security of your account credentials.
General Provisions
8.1 Entire Agreement These Terms of Service, together with our Privacy Policy and any policies referenced herein, constitute the entire agreement between you and PicToFlip regarding your use of our services and supersede any prior agreements.
8.2 Severability If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be replaced with a valid provision that comes closest to the intent of the original.
8.3 No Waiver Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of PicToFlip.
8.4 Assignment You may not assign or transfer these Terms or your rights under them without our prior written consent. PicToFlip may assign these Terms without restriction. Any attempted assignment in violation of this section is void.
8.5 Notices
Notices to you may be sent via email, app notification, or posting on the platform
Notices to PicToFlip should be sent to: legal@pictoflip.com
Legal notices must be sent to: PicToFlip, [Company Address], Attn: Legal Department
8.6 Force Majeure PicToFlip shall not be liable for any delay or failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, or acts of civil or military authorities.
8.7 Contact Information
General Support: support@pictoflip.com
Legal Matters: legal@pictoflip.com
DMCA Claims: dmca@pictoflip.com
Privacy Concerns: privacy@pictoflip.com