Terms of Service

Effective Date: March 1st, 2025

1. Introduction

Welcome to DiscTrade ("we," "our," "us," the "Platform"). These Terms of Service ("Terms") govern your use of our mobile application ("App") and associated services, which provide a marketplace for buying and selling vinyl records and related features like the ReleaseFinder. By accessing or using the App, you agree to be bound by these Terms.

2. Definitions

• Platform/App: The DiscTrade mobile application and services.
• User: Any individual using the App, including Buyers and Sellers.
• Buyer: A User purchasing items through the Platform.
• Seller: A User listing and selling items through the Platform, who has completed necessary onboarding (e.g., Stripe Connect).
• Listing: An item offered for sale by a Seller on the Platform.
• Order: A transaction initiated by a Buyer to purchase one or more Listings from a Seller.
• Content: Any text, images, ratings, messages, or other materials uploaded or generated by Users on the Platform.
• Seller Policies: Specific terms set by the Seller, including shipping policies, seller terms, and return policies (if offered), displayed on their profile or listings.
• Stripe: Our third-party payment processor (Stripe, Inc.) used for marketplace transactions and Seller payouts via Stripe Connect.
• Platform Service Fee: A fee charged by DiscTrade to the Seller for facilitating a sale on the Platform.
• Payment Processing Fee: A fee charged by Stripe for processing the payment transaction.

3. DiscTrade as a Venue

DiscTrade acts as a venue to allow Users to offer, sell, and buy vinyl records. We are not directly involved in the transaction between Buyers and Sellers unless explicitly stated. The contract for the sale of items is directly between the Buyer and the Seller. We do not own or possess the items listed, nor do we set the prices or terms of sale, beyond enforcing these Terms and platform standards. We facilitate payment processing via Stripe Connect but are not a party to the payment contract between the Buyer, Seller, and Stripe.

4. Account Registration & Use

You must register for an account to use certain features, including buying and selling. You agree to provide accurate information and keep it updated. You are responsible for maintaining the confidentiality of your account login and for all activities that occur under your account. We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial (unless acting as a Seller) purposes, subject to these Terms.

5. Seller Obligations

Sellers agree to:

• Accurately describe items in Listings, including condition (using text, photos, and understanding that AI grading tools are assistive and not guarantees), format, and any flaws.
• Ensure they have the right to sell the items listed.
• Maintain accurate inventory and remove Listings promptly if items become unavailable.
• Set clear Seller Policies (shipping methods, costs, handling times, return policy if any) using the provided tools in Seller Settings.
• Ship Orders promptly and securely according to their stated policies and the Buyer's provided address.
• Comply with all applicable laws regarding sales, taxes (understanding they are generally responsible for determining tax obligations), and consumer rights.
• Complete Stripe Connect onboarding to receive payouts.
• Respond to Buyer communications professionally via the Order Chat feature.

6. Buyer Obligations

Buyers agree to:

• Read the full Listing description and view all photos before purchasing.
• Review the Seller's ratings and Seller Policies (shipping, terms) before placing an Order.
• Provide accurate shipping information.
• Complete payment promptly upon placing an Order.
• Comply with all applicable laws regarding purchases.
• Communicate with Sellers professionally via the Order Chat feature.

7. Purchases and Payments

Placing an Order creates a binding agreement between the Buyer and Seller based on the Listing details and the Seller's Policies. Payments for Orders are processed through Stripe. Buyers authorize DiscTrade and Stripe to process their payment information for Orders placed. Sellers utilize Stripe Connect to receive payouts, subject to Stripe's terms and timelines.

8. Fees and Charges

• Platform Service Fee: DiscTrade charges Sellers a Platform Service Fee for each completed sale. This fee is calculated as a percentage of the total transaction value (including item price and shipping cost). Our current Platform Service Fee starts at 5.5%. This fee is automatically deducted from the Seller's payout. We reserve the right to change this fee upon providing reasonable notice (e.g., 30 days) to Users, typically via in-app notification or email.
• Payment Processing Fees: Stripe charges Payment Processing Fees for each transaction processed through their system. These fees are separate from the DiscTrade Platform Service Fee and are governed by Stripe's pricing and terms. Crucially, these Payment Processing Fees charged by Stripe are generally non-refundable, even if an Order is later cancelled or refunded.
• Taxes: Sellers are generally responsible for determining and remitting any applicable sales taxes on their transactions, unless DiscTrade explicitly states it handles tax collection in certain jurisdictions (e.g., via Stripe Tax integration, if implemented). Buyers are responsible for any applicable use taxes or import duties.

9. Shipping

Sellers are responsible for shipping items according to their stated Shipping Policies. Buyers are responsible for providing a correct and complete shipping address. Sellers are strongly encouraged to use tracked shipping methods and upload tracking information to the Order details via the App.

10. Cancellations, Returns, and Refunds

• General: Return eligibility for items received is primarily governed by the Seller's stated return policy (if any) within their Seller Policies, subject to applicable consumer laws and DiscTrade's dispute resolution process.
• Seller-Fault Cancellation: If a Seller cancels an Order before shipment because the item is unavailable, lost, damaged, significantly not as described upon final check, or listed in error, the Buyer will receive a full refund of the amount paid. However, the Seller acknowledges and agrees that they will absorb the cost of the non-refundable Stripe Payment Processing Fee associated with the original transaction. Repeated seller-fault cancellations may negatively impact the Seller's rating and account status.
• Buyer-Requested Cancellation: Buyers may request to cancel an Order *before* it has been shipped. Cancellation is only possible if the Seller explicitly agrees to the cancellation via the Platform. If the Seller agrees to cancel, the Buyer will receive a refund of the total amount paid MINUS the non-refundable Stripe Payment Processing Fee associated with the transaction. By requesting a cancellation, the Buyer acknowledges and agrees to this deduction to cover the irreversible processing cost.
• Refund Process: Refunds agreed upon by both parties or mandated by DiscTrade's dispute resolution will be processed back to the Buyer's original payment method via Stripe, subject to Stripe's processing times.

11. Seller Policies

Sellers define their own shipping costs/methods, terms of sale, and optional return policies via their Seller Settings. These policies are displayed on the Seller's profile and/or relevant Listings. By placing an Order, the Buyer agrees to adhere to that specific Seller's Policies in addition to these overarching Platform Terms.

12. Ratings and Feedback

Our rating system allows Buyers and Sellers to provide feedback on completed transactions. Users agree to provide honest, factual, and respectful feedback. Manipulation of the rating system, abusive language, or extortion is strictly prohibited and may result in account suspension.

13. Dispute Resolution

In the event of a dispute between a Buyer and Seller (e.g., item significantly not as described upon arrival, item not received), Users should first attempt to resolve the issue directly via the Order Chat. If unresolved, Users may escalate the issue to DiscTrade support. We may mediate disputes based on the evidence provided (photos, messages, tracking information) and make a binding decision regarding refunds or other resolutions, in accordance with these Terms and Seller Policies. Complex payment disputes may also be subject to Stripe's dispute resolution process.

14. ReleaseFinder and AI Features

The App includes features like ReleaseFinder, which uses image capture and processing (potentially involving third-party AI services like Google Vision or OpenAI) to help identify vinyl records or assess condition (PhotoGrade AI). You acknowledge that:

• These features require camera access and involve transmitting image data for processing.
• AI-driven results (OCR, grading) are assistive tools and estimations, not guarantees of accuracy. Sellers remain ultimately responsible for the accuracy of their Listing descriptions and condition grading.
• Usage of certain premium features (like extended ReleaseFinder scans) may require a "Pro Member" subscription (see Section 15).

15. "Pro Member" Subscription (In-App Purchase)

We may offer optional auto-renewable subscriptions ("Pro Member") for access to enhanced digital features within the App (e.g., increased ReleaseFinder scan limits). If you subscribe:

• Subscription details (title, duration, price, features) are displayed within the App before purchase.
• Payments are processed by Apple through their In-App Purchase system, governed by Apple's terms and conditions.
• Subscriptions auto-renew unless cancelled through your Apple Account settings at least 24 hours before the end of the current period.
• This subscription relates **only** to digital features within the App and is entirely separate from marketplace transactions for physical goods handled via Stripe.

16. User Content and Conduct

You are responsible for any Content you post (Listings, messages, reviews). You agree not to post Content that is illegal, fraudulent, defamatory, infringing, harassing, obscene, or otherwise objectionable. We reserve the right to remove Content or suspend accounts that violate these rules. We implement mechanisms for Users to report objectionable Content or conduct.

17. Intellectual Property

All content, trademarks, and intellectual property associated with the App itself are owned by DiscTrade or our licensors. You retain ownership of the Content you upload, but you grant DiscTrade a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your Content (primarily Listings and profile information) as necessary to operate and promote the Platform.

18. Termination

We reserve the right to suspend or terminate your access to the App at any time, without notice, for conduct that violates these Terms or is harmful to other users, us, or third parties. You may terminate your account at any time through the App settings or by contacting support.

19. Disclaimers

The App and Platform services are provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement regarding the Platform itself. We do not warrant the accuracy, condition, legality, or safety of items listed by Sellers.

20. Limitation of Liability

In no event shall DiscTrade be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the App, transactions between Users, or these Terms, even if advised of the possibility of such damages. Our total liability in any matter arising out of these Terms is limited to the greater of $100 or the total Platform Service Fees paid by you to us in the 12 months preceding the event giving rise to liability.

21. Indemnification

You agree to indemnify and hold harmless DiscTrade, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the App, your violation of these Terms, your violation of any third-party right (including Sellers or Buyers), or your Content.

22. Privacy Policy

Your use of the App is also governed by our Privacy Policy, which details how we collect, use, and protect your information. Please review it carefully here: Privacy Policy. By agreeing to these Terms, you also agree to the terms of our Privacy Policy.

23. Compliance with Apple App Store Guidelines

We strive to ensure DiscTrade complies with the Apple App Store Review Guidelines. Specifically:

• Payments (Guideline 3.1.1 & 3.1.3(b)): Payments for physical goods (vinyl records) between Users are processed using an approved external payment system (Stripe Connect). In-App Purchases are used exclusively for optional digital content and features (e.g., "Pro Member" subscription for enhanced App functionality), not for physical goods.
• User Generated Content (Guideline 1.2): The App allows user-generated content (Listings, reviews, messages). We provide mechanisms for reporting objectionable content and have policies against prohibited content as outlined in these Terms.
• Privacy (Guideline 5.1): We provide a clear Privacy Policy explaining data collection and usage.

24. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes (e.g., via in-app notification, email, or posting on our website). Your continued use of the App after such modifications constitutes your acceptance of the updated Terms.

25. Governing Law

These Terms are governed by and construed in accordance with the laws of the jurisdiction in which our company is established [Optional: e.g., "the State of California, USA"], without regard to its conflict of law provisions.

26. Contact Us

If you have any questions or concerns regarding these Terms, please contact us at:

DiscTrade Support
Email: disctradeteam@gmail.com

27. Legal Disclaimer

The information provided in these Terms of Service is not intended as legal advice. It is recommended that you consult with a qualified legal professional to ensure compliance with all applicable laws and regulations and to address your specific circumstances.