TRACE Terms of Service
Operated by Resale Connect, Inc.
Effective Date: September 3, 2026
Section 29 contains an individual arbitration agreement, a class-action waiver, and instructions for opting out.
Key Terms at a Glance
This overview is for convenience. The complete Terms control if there is a conflict.
- TRACE is a peer-to-peer marketplace. Users—not TRACE—are the buyers, sellers, lessors, and renters.
- A Call becomes binding when the Lister accepts it and payment succeeds. After that point, cancellation is available only as these Terms, an applicable policy, TRACE’s written resolution, or law expressly permits.
- For a true presale, the Lister has 48 hours after the first Accepted Call to buy the Item or the Call is canceled and refunded.
- Rental prices include routine cleaning. Listers must provide clean, ready-to-wear Items, and all users must submit required condition photos.
- Buys are generally final sale. TRACE Protection is a limited contractual benefit, not insurance, and is generally capped at $1,000.
- Soft-launch fulfillment is limited to authorized carrier shipping and TRACE Courier. User-arranged in-person handoffs are prohibited and unprotected.
- Users must be 18 or older, complete required verification, and pay the fees shown before confirming a Transaction.
- Section 29 requires individual arbitration for most disputes, allows a 30-day opt-out, and includes jury-trial and class-action waivers.
1. Agreement and Scope
1.1 Contract. These Terms are a binding agreement between you and Resale Connect, Inc., a Delaware corporation doing business as TRACE (“TRACE,” “we,” “us,” or “our”). They govern the TRACE app, addtrace.com, Tracey, and related services (the “Services”). By creating an account or using the Services, you agree to them.
1.2 Supplemental Policies. Our Privacy Policy and any policy, fee disclosure, transaction summary, promotion term, delivery instruction, or other supplemental term shown before the action it governs (together, “Supplemental Policies”) are part of these Terms. A Transaction confirmation controls its Item, parties, price, dates, fulfillment method, and other displayed terms; the relevant Supplemental Policy controls its subject; and these Terms control otherwise. The version recorded when a Transaction becomes binding governs it. Later changes apply prospectively, except as required by law, agreed by affected users, or needed for immediate fraud, abuse, or safety risk. Marketing, support summaries, and user statements do not change this agreement.
1.3 Changes. We may update these Terms prospectively. We will give legally sufficient notice of material changes and state their effective date. Continued use after that date constitutes acceptance where permitted. Changes do not retroactively alter a binding Transaction unless required by law or agreed by affected users. Section 29.11 governs arbitration changes.
1.4 Territory and Availability. The Services are intended for adults in the United States and Transactions in service areas we make available. We may change availability by location, category, user, fulfillment method, or Transaction type. Access does not mean every feature or Transaction is lawful or available in your location.
1.5 No Emergency Service. TRACE and Tracey are not emergency, law-enforcement, or safety-response services. For an immediate threat, contact 911 or the appropriate authority.
2. Eligibility, Accounts, and Verification
2.1 Adults Only. You must be at least 18 and legally able to contract. If you use the Services for an entity, you represent that you may bind it, and “you” includes that entity.
2.2 One Personal Account. Unless we approve otherwise in writing, you may have only one account and may not sell, transfer, or share it. Keep account, payment, address, and profile information accurate and current. We may reject information that is inaccurate, misleading, unlawful, or risky.
2.3 Account Security. You are responsible for your device, credentials, passcodes, and account activity, except to the extent caused by our breach of a non-waivable duty. Immediately report suspected unauthorized access to help@addtrace.com. We may require reauthentication or verification before restoring access or allowing a Transaction.
2.4 Identity and Eligibility Checks. We may require identity, selfie, payment, tax, bank, address, sanctions, or other checks before or after you list, submit a Call, transact, receive funds, or use higher-risk features. Stripe or another provider may perform them, and you authorize necessary processing. A first Call will not be submitted until required verification succeeds. We may repeat or revoke verification when information changes, expires, conflicts, or presents risk.
2.5 Meaning of Badges. A verification badge means only that the stated check returned an acceptable result when performed. Badges, network status, ratings, reviews, and transaction counts do not guarantee identity, ownership, character, creditworthiness, safety, reliability, or future conduct.
2.6 Business and High-Volume Sellers. You must disclose if you act as a business, trader, retailer, or covered high-volume seller and provide requested identity, contact, bank, tax, ownership, and certification information, including under the INFORM Consumers Act. We may verify and disclose it as law requires; delay or block Listings, Transactions, or payouts; and require recertification. You may not evade thresholds through multiple or coordinated accounts. You remain responsible for seller disclosures, receipts, warranties, product compliance, consumer remedies, returns, and taxes assigned to you by law.
2.7 Account Decisions. We may approve, decline, limit, pause, investigate, or close an account or Transaction to operate the Services, comply with law or provider rules, manage risk, protect users, or enforce these Terms. We may withhold sensitive fraud or security details. We will not knowingly base decisions on a legally protected characteristic.
3. TRACE’s Marketplace Role
3.1 Peer-to-Peer Marketplace. TRACE provides a peer-to-peer marketplace for eligible fashion Items. Except where TRACE expressly sells its own property, users—not TRACE—are the seller, buyer, lessor, and renter. The Lister and Caller are the principals in each user-to-user Transaction.
3.2 User-to-User Contract. When a Call becomes an Accepted Call under Section 5, the Lister and Caller form a direct contract consisting of the confirmation, these Terms, and applicable Supplemental Policies. In a Buy, the Lister is seller and Caller is buyer; in a Rental, the Lister is owner or authorized lender and Caller is renter. TRACE is a third-party beneficiary for payment, protection, claims, refunds, enforcement, and Services operation.
3.3 No General Agency or Fiduciary Relationship. No user is TRACE’s employee, partner, joint venturer, franchisee, or general agent. TRACE owes no fiduciary duty and does not hold funds in trust or escrow. Except during documented TRACE Courier custody or as law provides, TRACE does not possess, control, or own Items.
3.4 Limited Payment Collection Appointment. Each Lister appoints TRACE and its processor as limited payment-collection agents for Transaction payments, refunds, reversals, and remittances. A Caller’s successful payment to either satisfies the Caller’s obligation to the Lister, subject to chargebacks, reversals, refunds, and claims. This does not make TRACE the merchant, seller, or lessor.
3.5 No Duty to Complete a Match. We may decline, cancel, or unwind a Transaction because of law, safety, payment, capacity, fraud, or operational constraints. We do not guarantee a Listing, Call, acquisition, date, or Transaction will proceed.
4. Listings and User Responsibilities
4.1 Definitions. A “Listing” is a user invitation to submit offers concerning an eligible product or accessory (“Item”); it is not itself an offer. A “Call” is a user’s offer to buy or rent an identified Item on displayed terms, and that user is the “Caller.” A “Buy Call” covers a purchase, including a future transfer after existing Rental commitments. A “Rental Call” covers a seven-day “Rental Period.” A “Specific-Date Rental” identifies a week; a “Flexible Rental” does not and must later be scheduled under Section 10. A “Transaction” is an Accepted Call for which payment succeeds.
4.2 Acquisition Status. A Lister must accurately state whether an Item is unpurchased, purchased but not received, or in hand. An unpurchased Item may be listed only with a good-faith intent and practical ability to acquire it promptly. TRACE does not guarantee retailer inventory, price, shipment, return eligibility, or acquisition.
4.3 Lister Representations. Whenever you create or maintain a Listing, you represent that you own or will lawfully acquire good title to the Item; may sell or rent it; have accurately disclosed its identity, size, condition, defects, alterations, accessories, availability, price, and acquisition status; have rights to the Listing content; and that the Item is lawful, genuine, safe, unencumbered, and not stolen or recalled. You must follow all transaction, care, tax, shipping, and return requirements.
4.4 Pre-Sale Commitments. A Listing for an Item the Lister does not own is a “True Pre-Sale Listing.” The Lister may accept a Call only with a good-faith intent and practical ability to acquire the exact Item. The first Accepted Call starts a 48-hour deadline to purchase it, mark it purchased, and provide requested proof. Missing the deadline cancels and releases that Call, gives the Caller a Full Refund, and may cause TRACE to pause or close the Listing, cancel dependent Calls, and record a reliability event. The Lister bears all retailer costs and risk; TRACE is not part of the retailer purchase.
4.5 Listing Information and Retailer Content. Imported or generated product information may be incomplete or wrong. The Lister must review and correct it before publication and fulfillment. Prices, comparisons, net-cost projections, demand indicators, valuations, and recommendations are informational only—not appraisals or guarantees.
4.6 Availability and Existing Commitments. A Lister must keep availability accurate and honor Accepted Calls. An accepted Buy may close new activity, but earlier accepted Rentals survive. Multiple Rentals may coexist only if dates and fulfillment buffers do not conflict. TRACE may block, reorder, expire, or close Calls to preserve prior commitments.
4.7 Condition Updates. The relevant Buy condition is the Item’s condition at final transfer. Each person possessing an Item must provide the live condition and packaging evidence required by Section 13.3 before and after every shipment or TRACE Courier leg. Material changes must be disclosed through TRACE; no private price renegotiation, substitution, or concealment is permitted. Missing or unreliable evidence may delay or defeat protection, shift evidentiary risk, or constitute breach.
4.8 Calls Are Product Requests, Not Financial Instruments. “Call” is only TRACE’s product label. A Call is a direct, nontransferable offer for the physical sale or temporary rental of one identified consumer Item. It creates no property interest until acceptance and must settle through physical delivery—not cash based on price movement. Calls cannot be assigned, pledged, margined, leveraged, netted, or traded. They convey no equity, voting, dividend, interest, revenue-share, appreciation, or profit right. TRACE does not offer Calls as securities, options, futures, swaps, derivatives, wagering contracts, deposits, brokerage accounts, exchanges, or investments, and users may not market them that way. We may restrict or discontinue a feature for legal, regulatory, or provider compliance.
5. Calls, Acceptance, and Binding Commitments
5.1 Pending Calls. A Call is nonbinding until the Lister accepts it and payment succeeds, unless conspicuously stated otherwise before submission. Before then, the Caller may withdraw it and the Lister may decline or let it expire. We may validate, save, or temporarily authorize a payment method as disclosed, but will not collect the Transaction total before acceptance.
5.2 Call Window. Unless another period is displayed, a Call expires after 72 hours. Expired, declined, invalid, or withdrawn Calls cannot be accepted, but the Caller may submit another eligible Call. Rankings and suggested amounts do not require a Lister to accept any Call.
5.3 Binding Moment. The Lister’s acceptance instruction plus successful collection creates an Accepted Call and binding Transaction. A failed payment does not. TRACE’s confirmation record controls the acceptance time, price, Transaction type, dates or flexibility, fees, and fulfillment method.
5.4 Payment Failure at Acceptance. If payment fails, we may request another method and retry during the displayed recovery period, no longer than 24 hours unless the Caller agrees otherwise. Until payment succeeds, no Transaction forms and the Item or dates are not guaranteed. TRACE may allow another Call or temporarily reserve the opportunity. If recovery expires, neither user owes performance.
5.5 Effect of Buy Acceptance. Only one Buy Call may be accepted. Acceptance may close competing Buy Calls and new activity, but prior accepted Rentals survive. Ownership may transfer only after those commitments and required buffers end.
5.6 Effect of Rental Acceptance. A paid Specific-Date Rental books its confirmed seven-day period. A paid Flexible Rental is only an unscheduled entitlement; no dates are guaranteed until confirmed under Section 10.
5.7 Binding Commitment; Limited Exceptions. An Accepted Call is binding once the Lister accepts it and payment succeeds. Neither user has a change-of-mind cancellation right unless the Transaction confirmation expressly provides one. A Transaction may otherwise be canceled, unwound, refunded, credited, or rescheduled only as these Terms, an applicable Supplemental Policy, TRACE’s written resolution, or law permits. A Lister’s attempted backout is nonperformance, and a Caller’s attempted backout does not erase payment, reimbursement, reliability, or enforcement obligations.
5.8 Electronic Records. Clickwrap acceptances, timestamps, transaction and payment records, photos, tracking events, messages, and other electronic records may prove agreement and performance.
6. Prices, Fees, and Taxes
6.1 Amounts Shown. Before submission and before any materially higher charge, TRACE will show the Call amount and then-known service, protection, delivery, return, tax, credit, and other charges. You authorize the total you confirm. Estimates may change before acceptance, but a material increase requires reconfirmation.
6.2 Current Pilot Fee Structure. Unless checkout states otherwise, the pilot may charge the Caller a 10% service fee; $3 Buy Protection; and Rental Protection of $5 for Protected Value up to $400, $8 for $401–$800, and $12 above $800. Rental Listers pay 15% of the Rental Call; Buy Listers currently pay 0%. Routine Rental cleaning is included in the Rental price—not a separate charge—and the Lister must arrange and pay for it. The standard protection cap remains $1,000.
6.3 Prospective Fee Changes. We may change fees prospectively, not for an already accepted Transaction. Fees are nonrefundable unless these Terms, the confirmation, or law says otherwise. Delivery and other pass-through charges may be estimated.
6.4 Taxes. Users are responsible for their taxes. TRACE or a provider may calculate, collect, withhold, report, and remit taxes when required or appropriate. You must provide accurate taxpayer information and cooperate with verification and backup withholding. We may issue Form 1099-K or other forms as required. A reporting form does not determine taxability, and TRACE does not provide tax advice.
7. Payment Authorization and Collection
7.1 Payment Provider. Stripe and other providers may handle payments, payouts, and verification under terms shown during onboarding or payment. We may restrict payment methods, require credit instead of debit or prepaid cards for higher-risk use, and decline Transactions under processor or risk rules.
7.2 Saving Payment Methods. If you choose to save a payment method, you authorize tokenized storage for uses disclosed in the consent flow and these Terms. TRACE generally does not receive the full card number or CVV. Removing a method stops future optional use but does not cancel a Transaction or amount already incurred.
7.3 Merchant-Initiated and Off-Session Charges. Under the consent given when a method is saved, you authorize on-session and off-session charges for accepted Transaction totals; reconfirmed changes; approved late fees; damage, repair, extraordinary cleaning, replacement, accessory, non-return, misuse, or logistics liabilities; chargeback or refund reversals attributable to you; and other specifically disclosed obligations. Some charges occur after delivery or return because they depend on later events.
7.4 How Amounts Are Determined. Confirmed checkout sets Transaction totals; Section 10 sets late fees; Section 13 sets damage and protection amounts; and actual or reasonably documented direct cost sets return and carrier amounts. Before a variable post-Transaction charge, we will state the basis and amount, except for a fixed disclosed late fee or where law permits immediate action.
7.5 Notice, Review, and Retries. We ordinarily provide at least 24 hours to review an accidental-damage contribution before charging, unless an appeal pauses collection. Other variable liabilities receive reasonable notice consistent with law, urgency, fraud risk, and provider rules. If a charge fails, we may retry an authorized method, request an update, create a negative balance, restrict the account, offset credits or earnings, or collect lawfully. A retry uses the original authorization.
7.6 Chargebacks. Contact TRACE before a chargeback so we can review the issue; this does not waive non-waivable cardholder rights. You remain liable for valid amounts, lawful direct recovery costs, and any negative balance. You may not obtain both a TRACE refund and duplicate bank recovery.
7.7 No Escrow or Deposit Account. Transaction funds, reserves, balances, and TRACE Credits are not bank, escrow, deposit, securities, stored-value, or trust accounts; earn no interest; and are not government-insured. “Pending” describes contractual availability, not ownership of segregated funds.
8. Earnings, Payouts, Holds, and Negative Balances
8.1 Pending Earnings. Projected or pending earnings remain conditional and may be reduced, reversed, or withheld for fees, refunds, claims, chargebacks, taxes, reserves, provider adjustments, failures, or violations. Funds may be withdrawn only when marked Available.
8.2 Buy Release. Buy earnings ordinarily become Available after buyer acceptance or expiration of the 48-hour inspection period without a timely issue. Claims, returns, fraud review, payment disputes, and legal holds postpone release.
8.3 Rental Release. Rental earnings follow the displayed schedule. TRACE may hold them through arrival inspection, rental, return, post-return review, or claim resolution. Later damage, non-return, refund, chargeback, or correction may still cause reversal or a negative balance.
8.4 Connected Accounts and Cash-Out. Before cash-out, a user must maintain an eligible connected account and bank account. Payout timing is only an estimate and may be delayed by providers, banks, verification, risk, weekends, holidays, or compliance.
8.5 Holds and Reserves. To cover reasonably anticipated refunds, claims, chargebacks, fraud, taxes, or negative balances, TRACE may delay payout, change cadence, or impose a reasonable transaction or account reserve. Holds are applied in good faith based on risk; sensitive security details may be withheld.
8.6 Reversals and Setoff. You authorize TRACE and its processor, where supported, to reverse or debit connected-account transfers, withhold future earnings, set off balances or credits, and charge an authorized method for amounts you owe. You must repay obligations discovered after bank payout. Withdrawals may be suspended while your balance is negative.
8.7 Abandoned and Required Remittances. We may remit unclaimed funds as law requires, deduct legally permitted costs, and require proof before paying a successor, estate, or representative.
9. Buy Transactions
9.1 Seller’s Core Duties. A Buy Lister must acquire the exact Item if not already owned, hold good title, preserve it, disclose material changes, provide required condition and packaging photos, use the selected fulfillment method, and transfer it on time. The Lister may not substitute it, return it to a retailer after commitment, or sell it elsewhere.
9.2 True Pre-Sale Purchase Window. True Pre-Sale Listings follow Section 4.4. Missing the 48-hour purchase-and-proof deadline automatically releases the first Accepted Call and requires a Full Refund. Falsely marking an Item purchased is a material breach and may be fraud.
9.3 Pre-Shipment Failure. A Lister who changes their mind, returns or sells the Item elsewhere, or otherwise fails to send it must reimburse resulting amounts and may face a major reliability action. A genuine pre-shipment accident may avoid a penalty only if promptly reported with dated evidence and cooperation. The buyer receives a Full Refund either way; unsupported or repeated accident claims may be treated as backout or fraud.
9.4 Fulfillment and Inspection. The Lister must provide Section 13.3 evidence and timely tender through the selected authorized method. After delivery and before use, the buyer must provide arrival photos and has 48 hours to report a wrong Item, material mismatch, undisclosed condition, transit damage, missing key accessory, or suspected counterfeit. The buyer may accept earlier. Without required evidence or a timely report, evidentiary risk may shift and the Item is deemed accepted, subject to non-waivable rights.
9.5 Final-Sale Rule. Buys are final sale: fit, preference, event cancellation, and change of mind are not return reasons. A return requires the Lister’s approval through TRACE, TRACE’s approval under these Terms, or applicable law. While seeking a return, the buyer must preserve the Item and not wear, alter, clean, repair, resell, or dispose of it unless instructed.
9.6 Not as Described or Wrong. For a timely proven wrong, materially misdescribed, unusable, incomplete, or pre-transit damaged Item, TRACE may require an authorized return and issue a Full Refund after tender. The Lister receives no earnings and may bear return cost. If the buyer keeps a minor mismatch, TRACE may approve a partial refund from Lister proceeds. Financial settlements must remain on-platform.
9.7 Counterfeit Concerns. A timely counterfeit report triggers review and may hold payout. TRACE may require receipts, serial numbers, provenance, or third-party evidence. If counterfeit or insufficiently substantiated, we may refund the buyer, withhold or reverse earnings, suspend the Lister, notify rights holders or authorities, and decide whether return is lawful. TRACE does not authenticate or appraise Items.
9.8 Late, Lost, or Damaged Delivery. A late shipment that defeats a disclosed and accepted timing requirement may result in a buyer refund and no Lister payout. For eligible loss, damage, or delay after compliant tender to an authorized carrier or TRACE Courier, the buyer may receive the applicable remedy and a compliant Lister may be paid within Section 13 limits while TRACE pursues recovery.
9.9 Title. The Buy Lister keeps title until confirmed authorized-carrier or TRACE Courier delivery, unless the confirmation lawfully says otherwise, and warrants good title at transfer. A purported sale without title is voidable and remains the seller’s responsibility.
10. Rental Transactions
10.1 Rental Period. A Rental lasts for the displayed seven-day period, including its return-tender deadline. Transit does not add possession days unless expressly shown. The Lister keeps title; the renter receives only a temporary, nontransferable right to possess and personally use the Item as agreed.
10.2 Specific-Date Rentals. A Specific-Date Rental is booked only after payment and date confirmation. The renter must verify dates, method, and deadlines. Existing commitments and required turnaround, cleaning, inspection, and delivery buffers take priority.
10.3 Flexible Rentals and Flexible Buys. A Flexible Call must be scheduled, fulfilled, and completed within six months after the Call was placed, not accepted. Dates are not guaranteed. The clock pauses only while a valid request awaits the Lister or TRACE actively reviews a scheduling dispute, as recorded in the Services.
10.4 Valid Scheduling Request. A scheduling request is valid only if the requested period was shown available, the Transaction and all fulfillment buffers fit before expiration, no accepted commitment conflicts, the Caller remains in good standing, and the Item, price, method, and Transaction type are unchanged.
10.5 Lister Response. Within 48 hours, the Lister must confirm a valid request or accurately decline, correct availability, and suggest at least one workable alternative. An alternative must remain available for a reasonable response period and allow timely completion. The Caller’s rejection or neglect of a workable alternative is not Lister-caused failure.
10.6 Failed Attempts and Review. A valid attempt fails if the Lister rejects without a workable alternative, misses 48 hours, offers an impossible date, prematurely withdraws an alternative, or tries to move fulfillment off TRACE. Two failed attempts permit refund review. Permanent unavailability, loss, material damage, sale, inability to purchase, express refusal, or no workable date permits immediate review. Review is not an automatic refund.
10.7 Flexible Outcomes. If TRACE confirms Lister-caused failure after good-faith attempts, it may issue a Full Refund and deny Lister earnings. If a workable path remains, the Transaction stays open. If the deadline passes with no valid attempt despite workable availability, required reminders, and no Lister, TRACE, logistics, pending-request, or review blocker, the Caller receives no refund, the Lister receives earnings, and a Flexible Buy ends. Other histories receive manual review.
10.8 Care and Permitted Use. The renter must use reasonable care, follow disclosed care and use limits, keep the Item secure, prevent anyone else from using it, and not wash, clean, alter, repair, pin, hem, dye, transfer, sub-rent, pledge, or commercially use it without TRACE’s written instruction. Loss, theft, staining, breakage, or damage must be reported immediately and mitigated as instructed.
10.9 Condition on Arrival. Before each Rental, the Lister must provide Section 13.3 photos and attest that the Item is clean, odor-free, functional, complete, ready to wear, and free of undisclosed material flaws. This is required before a label or TRACE Courier schedule unlocks. After delivery and before use, the renter must provide arrival photos and report condition or cleanliness issues within 24 hours; missing them may shift evidentiary risk.
10.10 Return. Before return, the renter must provide Section 13.3 condition and packaging photos and timely tender through the authorized method. Return the Item as worn; do not clean it unless TRACE instructs you. Within 24 hours after return delivery and before cleaning, repair, relisting, or reuse, the Lister must provide post-return photos and accept or report an issue. Otherwise, the return is generally deemed accepted.
10.11 Late Fees. A late fee starts after the return-tender deadline without an authorized-carrier acceptance scan or documented TRACE Courier pickup. It equals the Rental price divided by seven for each full or partial 24-hour period. Delay after timely tender is not the renter’s responsibility. At 72 hours TRACE may restrict the account; at seven days it may begin human-reviewed non-return proceedings and charge verified replacement value. Late fees plus replacement charges cannot exceed that value, excluding lawful direct recovery logistics. Current collected late fees go to the Lister.
10.12 No Extension by Silence. A message or request does not extend a Rental. An extension is effective only when approved and recorded through TRACE with revised charges, dates, and downstream effects. A Lister need not approve a conflicting extension.
10.13 Theft and Non-Return. Promptly reported theft supported by a police report and full cooperation may qualify under Section 13. Unexplained loss, non-return, fabricated evidence, fraud, intentional or reckless damage, or use after a return demand is not covered and may trigger full-value and logistics charges, immediate restriction, and permanent removal.
11. Fulfillment, Shipping, TRACE Courier, and Risk
11.1 Selected Method Controls. At soft launch, TRACE supports only authorized carrier shipping and TRACE Courier—not independent couriers or user-to-user handoffs. The Caller selects an available method, and the Lister must use it unless TRACE approves a change. Self-arranged meetings, other labels or carriers, forwarding, or address changes are unauthorized, may void protection and refunds, and may shift resulting loss and liability to participating users.
11.2 Addresses. TRACE collects addresses only as needed for submission, pricing, scheduling, delivery, return, safety, and claims. Before acceptance, users ordinarily see only a city, neighborhood, or eligibility signal; exact address visibility after acceptance remains limited as shown. Do not publish or misuse another user’s address, code, or phone number.
11.3 Carrier Shipping. Before any outbound or return shipment, the possessor must submit Section 13.3 condition and packaging evidence. A label alone is not tender; the first verifiable authorized-carrier acceptance scan or equivalent establishes carrier custody. Protection depends on required evidence, packaging, label, value, signature, scan, and deadlines. TRACE may rely on carrier records absent reliable contrary proof.
11.4 No User-to-User In-Person Handoffs. TRACE does not offer, arrange, endorse, authorize, supervise, or protect user-to-user meetings or handoffs. Any such activity, even if discussed in TRACE messages, is off-platform and solely at participants’ risk. They are responsible for identity, location, safety, custody, condition, payment, property loss, injury, and legal compliance. TRACE may deny or reverse an affected refund, benefit, or payout and use messages as evidence. No user is required to meet another.
11.5 TRACE Courier Pilot. Where offered, TRACE Courier is an internally operated, capacity-limited service currently designed for all five New York City boroughs, 8:00 a.m.–8:00 p.m., seven days a week. Current pilot pricing is $5 total for one Buy leg or both Rental legs, as shown at checkout. Serviceability does not guarantee an exact time, same-day service, live GPS, or uninterrupted availability.
11.6 TRACE Courier Scheduling and Handoff. Courier scheduling begins after acceptance. Each required participant must provide at least three workable windows, and TRACE confirms the plan. Delivery is only to the named recipient or authorized doorman—not unattended locations. A courier may wait 15 minutes and may require a code. The pilot has no automatic failed-delivery or rescheduling fee. The $5 fee is generally nonrefundable once the first leg begins, subject to support override and law.
11.7 TRACE Courier Custody. TRACE Courier custody begins when the courier records PICKED_UP and ends at confirmed DELIVERED or documented return to sender. Before and after that period, the relevant user has custody. Eligible custody loss is limited by Sections 13 and 27; no unlimited bailment or declared-value liability exists.
11.8 Risk Allocation. For a Buy, the Lister bears ordinary risk until confirmed authorized delivery, then the buyer does, subject to inspection and protection remedies. For a Rental, the Lister keeps title and the renter bears custodial responsibility from confirmed delivery until timely acceptance by the authorized return carrier or TRACE Courier, subject to normal-wear and covered-accident limits. Section 13 governs verified transit loss or damage. Unauthorized handoffs are outside these allocations and protection; participants bear the risk.
11.9 Independent Providers. Carriers, address services, retailers, and other providers are independent third parties whose terms and proof rules may apply. TRACE may coordinate a claim but does not guarantee provider performance, reimbursement, tracking, acceptance, or timing.
11.10 Required Shipping Protection. For a shipped Item with verified replacement value of $700 or more, TRACE may require disclosed carrier or third-party protection for outbound and return legs at the Caller’s cost. Provider terms, limits, deductibles, exclusions, deadlines, and approval control. It does not cover possession-period issues, fit, late or non-return, ordinary wear, listing disputes, excluded porch theft, or off-TRACE shipping. Reimbursement is not promised before provider or TRACE approval.
12. Cancellations, Refunds, and Credits
12.1 Before Acceptance. A pending Call may be withdrawn, declined, ignored, or allowed to expire. No final charge means no refund, although an issuer may take time to release a temporary authorization.
12.2 After Acceptance. After acceptance, neither user has an unrestricted change-of-mind cancellation right. Cancellation is available only where the Transaction confirmation, these Terms, an applicable Supplemental Policy, TRACE’s written resolution, or law permits it. A Lister backout is nonperformance and does not prevent a Caller refund or Lister consequence. A Caller’s change of mind does not cancel the Transaction or create a refund right. TRACE may consider a documented emergency in its discretion but promises no additional exception.
12.3 Automatic or Approved Refund Events. Subject to these Terms, refund events include a missed 48-hour purchase deadline, Lister backout, verified inability to fulfill, a materially wrong or misdescribed Item, qualifying late or failed delivery, authorized-transit loss or damage, or another TRACE-approved outcome. A genuine pre-shipment accident may avoid a reliability strike but still yields a Caller refund and no Lister earnings.
12.4 Full Refund. “Full Refund” means the accepted Buy or Rental amount, applicable TRACE Protection fee, and eligible Caller-paid delivery returned to the original payment method. Other fees are included only where the policy or law requires. The first-Rental Fit Promise is issued as TRACE Credit, not cash.
12.5 Refund Funding and Recovery. TRACE may refund a Caller before recovering from a responsible Lister, renter, carrier, or connected account, and may reverse related transfers or fees. A refund does not waive recovery rights.
12.6 Processing Time. We initiate approved refunds promptly, but banks and processors control posting. “Issued” means transmitted, not posted. If the original method cannot receive a refund, we may use another lawful verified method.
12.7 Mixed Credit and Card. For a mixed Credit and card payment, TRACE may restore eligible Credit and refund the paid amount separately. Restored Credit keeps its original program terms and expiration unless expressly renewed.
13. TRACE Protection
13.1 Nature of the Program. TRACE Protection is a contractual pilot benefit for eligible completed Transactions, funded by fees and TRACE resources. It is not insurance, a warranty, service contract, escrow, deposit, or unlimited guarantee, and it does not replace users’ insurance. No user owns any internal reserve. Only the express terms below apply.
13.2 Protected Value and Cap. “Protected Value” is the lowest of documented acquisition cost, the current cost of the same or a substantially similar Item in comparable size and condition, and $1,000. MSRP, Listing price, sentimental value, expected resale value, and appreciation are excluded. A Lister using TRACE for an Item above $1,000 accepts the excess risk. No receipt, appraisal, badge, fee, or statement raises the cap unless the Transaction confirmation expressly identifies enhanced protection and the Lister accepts separate written terms.
13.3 Required Evidence. Protection and fulfillment require timely live evidence: Lister condition, flaw, detail, and packaging photos within 24 hours before every outbound Buy or Rental leg; a clean, complete, ready-to-wear attestation before Rental fulfillment unlocks; buyer or renter arrival photos before use, with Rental issues reported within 24 hours and Buy issues within 48 hours; first-Rental fit reports within 12 hours; renter return-condition and packaging photos within 24 hours before tender; buyer photos before any authorized Buy return; and Lister post-return photos plus acceptance or issue report within 24 hours after delivery and before cleaning, repair, relisting, or reuse. TRACE may require in-app capture, timestamps, receipts, invoices, packaging, tracking, police reports, messages, or other proof.
13.4 Evidentiary Consequences. Missing evidence does not prove fault, but shifts ambiguity against the person who should have supplied it. A Lister may lose an ambiguous return-damage claim; a renter may lose an ambiguous pre-existing-condition defense. Clear independent evidence may still control.
13.5 Normal Wear and Routine Cleaning. Renters are not charged for normal wear, including ordinary wrinkles, creasing, fabric relaxation, minor pilling, light washable marks or hem dirt, deodorant marks, light scuffs, slight ordinary embellishment loss, and ordinary removable scent.
The Lister bears routine cleaning and wear. More serious damage may be repairable or irreparable.
13.6 Repairable Accidental Damage. For eligible repairable accidental damage costing $1–$100, the renter pays at most $25 and TRACE may pay the rest; on a first Rental, the renter pays $0 up to $200. For eligible repairs costing $101–$300, a standard renter pays at most $50; on a first Rental, up to $50 applies only above $200. TRACE may pay the approved balance within the $300 repair benefit and overall cap. Higher costs require manual classification and may be irreparable.
13.7 Irreparable Accidental Damage and Salvage. For eligible accidental damage that cannot reasonably be restored, or is uneconomical to repair, a first-Rental renter pays at most $150 and a later renter at most $250; TRACE may pay the approved balance up to Protected Value. A Lister cannot receive full Protected Value and freely keep the Item. TRACE may require inspection; title and possession transfer; repair, sale, donation, destruction, or disposal; or retention with a salvage deduction. Accepting full Protected Value assigns title to TRACE unless we approve retention in writing. Until instructed, preserve and do not use, alter, repair, sell, transfer, or discard the Item. Noncompliance may reduce, deny, offset, or permit recovery of payment.
13.8 Documented Theft. Theft in a renter’s custody may qualify only with prompt notice, a police report, full cooperation, and no fraud signal. If approved, Section 13.7 caps apply. Unexplained loss is excluded.
13.9 Exclusions. Accidental-damage caps do not cover non-return; unexplained loss; fraud, collusion, false evidence, or material misrepresentation; intentional or reckless damage; transfer or sub-rental; unauthorized alteration, repair, washing, drying, or cleaning; post-period use; concealed Lister damage; untimely claims without exceptional circumstances; off-platform fulfillment; violation of packaging, label, scan, signature, care, or cooperation requirements; excluded categories; or amounts above program limits.
13.10 First Rental Fit Promise. A verified person’s first completed Rental may qualify if fit is reported within 12 hours, use was limited to indoor try-on, and same-day authorized return is arranged. After compliant tender, TRACE may issue the Rental price and eligible delivery as noncash TRACE Credit while the Lister keeps the expected payout. The benefit is one per verified person, nontransferable, and requires good standing.
13.11 Arrival and No-Fault Outcomes. For timely proof that an Item arrived wrong, dirty, odorous, unusable, materially different, or Lister-damaged, the Caller may receive a Full Refund, the Lister no payout, and the Lister may bear return cost. If an unused prompt return has genuinely inconclusive evidence and both users complied, TRACE may approve a no-fault unwind: Caller refund, Item return, up to 50% interruption payment to the Lister, and TRACE-funded return. This discretionary result creates no precedent.
13.12 Transit Outcomes. For eligible loss or damage after compliant authorized-carrier tender or TRACE Courier pickup, the Caller owes $0 and may receive the applicable remedy; a compliant Lister may be made whole up to Protected Value. TRACE may pay first and pursue the provider, but failed recovery does not raise the cap.
13.13 Claims Process. Open claims through Transaction Detail or an approved channel, select the correct category, provide requested evidence, preserve the Item and packaging, mitigate loss, and cooperate. TRACE may freeze payout or reviews; examine Listing, condition, payment, tracking, messages, device, and verification records; seek expert or repair input; and require return or inspection.
13.14 Decisions and Appeals. TRACE decides platform financial remedies and may classify issues, assess evidence and fault, approve or deny repair, replacement, refund, credit, contribution, payout changes, or account action, and correct clear error. We aim to acknowledge claims within four business hours and give an initial decision within two business days, but these are not guarantees. One appeal may be filed within seven days with materially new evidence. Complex, safety, provider, fraud, or legal reviews may take longer.
13.15 Payment and Recovery. TRACE may pay users or repair providers; hold or reverse earnings; charge authorized contributions or uncovered liabilities; create negative balances; offset earnings; and pursue carriers, insurers, users, or others. Reimbursement must remain on-platform. Protection payments require assignment of overlapping recovery rights and compliance with inspection, title, possession, salvage, and disposition instructions. TRACE may deduct salvage and overlapping recoveries, which recipients must disclose and repay.
13.16 Program Changes and Termination. We may prospectively change program prices, categories, caps, contributions, evidence rules, or availability after notice. Existing Transactions generally keep their accepted rules, except changes required by law or needed for active fraud or safety risk. We may suspend or end the pilot if regulatory, reserve, provider, fraud, or operational conditions require, without canceling an already approved payment.
14. Prohibited Items, Counterfeits, and Authenticity
14.1 Eligible Categories. You may list only categories the Services allow. TRACE may restrict Items, brands, materials, values, routes, or conditions for legal, intellectual-property, safety, fraud, provider, or operational reasons.
14.2 Prohibited Items. You may not list or transact in counterfeit, replica, stolen, fraudulently obtained, recalled, illegally imported, hazardous, contaminated, materially altered but undisclosed, or unlawfully branded Items; Items you lack authority to sell or rent; encumbered or double-committed Items; weapons, drugs, alcohol, tobacco, regulated medical products, animals, illegal wildlife products, pornography, personal data, financial instruments, unlawful goods, or any category TRACE prohibits.
14.3 No Authentication Service. TRACE does not authenticate, certify, inspect, appraise, or guarantee Items—even if it reviews images, receipts, AI output, or third-party data. A Listing, badge, fee, value, or decision not to remove an Item is not an authenticity representation. Users must assess Items themselves.
14.4 Proof and Enforcement. We may request proof, hold funds, disable a Listing, warn users, refund a Transaction, cooperate with rights holders, providers, or authorities, preserve evidence, and restrict accounts. Insufficient authenticity proof may support a marketplace remedy without a legal counterfeit finding.
14.5 No Disposal Without Direction. Preserve a disputed Item and follow TRACE’s return, surrender, or lawful-disposal instructions. If return of a suspected counterfeit may be unlawful or unsafe, TRACE may waive it or require transfer to TRACE, a rights holder, or an authority. No duplicate recovery is allowed.
15. User Content, Profiles, Saves, and Reviews
15.1 Your Content. “User Content” includes profiles, Listings, media, messages, Groups, collections, saves, reviews, claim evidence, and other material you provide. As between you and TRACE, you retain ownership subject to this Section and others’ rights.
15.2 License to Operate the Services. You grant TRACE a worldwide, nonexclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, format, technically adapt, translate, display, distribute, communicate, and use User Content to operate, secure, improve, and promote the Services; administer Transactions and claims; comply with law; and enforce these Terms. It continues while content remains in the Services and afterward as reasonably needed for backups, records, disputes, compliance, or material already shared or sublicensed.
15.3 Public Content and Marketing. Public content may be visible to users, search engines, link recipients, and the public, and may be shared or embedded as shown. TRACE will not falsely present a consumer review as a paid endorsement. We will obtain permission or disclose a material connection where advertising law requires.
15.4 Your Responsibilities. You represent that you have all rights needed for User Content; it is materially accurate; and it does not infringe rights or contain unlawful, deceptive, threatening, hateful, harassing, obscene, malicious, or dangerous material. Do not upload retailer or creator media unless TRACE provides it under license or you have permission.
15.5 Content Moderation. TRACE may monitor, preserve, restrict, label, demote, remove, or disclose User Content, but has no duty to find every violation. Automated and human moderation may make mistakes. Report unlawful or prohibited content through the Services or help@addtrace.com.
15.6 Reviews. Reviews must concern a genuine TRACE experience and be honest. Do not fabricate, buy, sell, coordinate, threaten, suppress, retaliate for, or condition a benefit on a review. TRACE may delay or remove reviews that are false, irrelevant, unlawful, harassing, private, or policy-violating and may label incentives. Honest negative reviews are permitted. Your review license is nonexclusive.
15.7 Feedback. For ideas or product feedback other than protected consumer reviews, you grant TRACE a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation and represent you may do so.
16. Groups, Sharing, Referrals, and TRACE Credit
16.1 Social Features. The Services may let users share content, create or join Groups, invite contacts, add Tracey to supported conversations, follow activity, and display saves or collections. Groups are features for individual accounts—not owners or Transaction parties. Recipients may view, forward, or screenshot Group information. Do not assume confidentiality beyond shown controls.
16.2 Invitations and Third-Party Messaging. Invite only people you reasonably believe welcome it. Identify yourself, use approved content, honor opt-outs, and follow law and platform rules. Do not scrape contacts, spam, impersonate, or add Tracey without required participant and platform permission. Each recipient must create or link their own account.
16.3 Referral Program. Referral and launch-partner programs follow the terms displayed when a link or Credit is issued. Rewards require genuine new users and qualifying activity. Each new user has one primary referrer and one reward sequence. Attribution ordinarily locks at signup, may use the last eligible direct link, and changes only for verified error. A specific personal, Listing, or Group link may outrank general Tracey attribution.
16.4 Current Give $25, Get $25 Pilot. Under the current pilot, an eligible person who never had a TRACE account, signs up through a valid referral, and completes required verification receives $25 in new-user TRACE Credit. The referrer receives $25 when that user places a first Qualified Call on any eligible Listing.
16.5 Qualified Call. A “Qualified Call” is a genuine first Call by a verified referred user with a valid payment method on an active eligible Listing that meets displayed minimums and conditions. Withdrawn, failed, self-directed, duplicate, coordinated, fabricated, or reward-seeking Calls do not qualify. TRACE may require a minimum active period and reverse ineligible rewards.
16.6 New-User Credit. Current new-user Credit expires 30 days after signup and applies only to the subtotal of the first accepted Buy or Rental—not taxes, TRACE fees, protection, delivery, returns, deposits, or the Lister’s retailer purchase. A declined Call does not consume it. If Lister or retailer failure causes loss of redeemed Credit, TRACE ordinarily restores it for 30 days.
16.7 Referrer and Partner Credit. Current referral Credit accumulates without scheduled expiration while the verified account remains open and in good standing. Eligible Credit may combine up to the Transaction subtotal, with expiring Credit first. Approved pre-account partner Credit remains pending until the assigned person verifies the designated account and, unless stated otherwise, expires after 180 days.
16.8 Credit Characteristics. TRACE Credit is promotional, nontransferable, nonwithdrawable, and has no cash value. It cannot be sold, assigned, pledged, divided, or used outside TRACE and does not reduce Lister payout unless stated. To the fullest extent permitted, it is not a gift card, deposit, or property interest. TRACE may correct, hold, deny, reverse, expire, or forfeit Credit tied to error, fraud, abuse, closure, duplicate identity, connected methods, self-referral, collusion, chargeback, or policy breach.
16.9 Program Changes. TRACE may prospectively cap earnings, change rewards or qualifications, pause issuance, set budgets, or end a program. Credit does not become cash. Validly earned referral Credit follows the terms in effect when earned, subject to correction, fraud, account status, and law.
16.10 Disclosure of Incentives. If you promote TRACE while eligible for Credit, money, free service, priority access, or another benefit, clearly disclose that connection near each endorsement as law requires. Follow TRACE instructions; do not make unsupported claims, present unusual results as typical, or overstate TRACE’s sponsorship.
17. Tracey, AI, and Automated Features
17.1 AI-Assisted Service. Tracey and other features may use AI, automation, third-party models, search, product data, or rules to answer questions, draft Listing details, suggest prices, rank content, estimate value or availability, summarize, triage support, or recommend steps.
17.2 Limitations. AI output may be wrong, incomplete, outdated, biased, unavailable, or inconsistent. It is not professional advice, authentication, or a guarantee of identity, condition, fit, value, availability, delivery, demand, or legality. Review it; you remain responsible for every Listing, Call, message, decision, and action.
17.3 No Binding Authority. Unless an interface expressly requires your confirmation and records it, Tracey cannot submit or accept binding Calls, list an Item, move money, change a Transaction or address, negotiate, authenticate, or finally decide a claim. It may start a reviewed flow, gather information, or create a support case. The canonical Transaction record and written TRACE decisions control.
17.4 Context and Privacy. Tracey may use account, Listing, Transaction, fulfillment, support, and conversation context you may access. Do not submit unnecessary sensitive information or rely on Tracey to preserve secrets. Third-party providers may process interactions as the Privacy Policy explains.
17.5 Support Escalation. Tracey may ask questions or route unclear, conflicting, high-risk, or financial matters to a person. No response time is guaranteed unless a policy says so. Human support is available through shown channels.
18. Electronic Communications, Push, Email, and Texts
18.1 Electronic Delivery. You consent to electronic agreements, disclosures, receipts, policies, tax forms, claim decisions, and records. Electronic delivery and signatures satisfy writing requirements where lawful. Keep contact information current and save needed copies.
18.2 Operational Communications. TRACE may send necessary account, security, Transaction, payment, delivery, return, claim, legal, and administrative messages through supported channels. Disabling one channel does not excuse you from monitoring the Services or meeting deadlines.
18.3 Text Consent. TRACE will obtain legally required consent before automated texts. If you opt in, frequency varies and message/data rates may apply. Reply STOP to eligible automated programs and HELP for help. Opt-out may stop text alerts but is not a purchase condition and does not bar permitted one-to-one or non-SMS notices. Carriers are not liable for delay.
18.4 Marketing. Use the provided method to change marketing preferences. Separate express written consent governs marketing texts where required; these Terms alone are not that consent. TRACE may still send nonmarketing messages needed for an account or obligation.
19. Safety, Care, and User Interactions
19.1 Your Judgment. You are responsible for evaluating users, Items, instructions, and risks. Verification, ratings, referrals, Groups, reviews, delivery records, and support do not guarantee safety or trustworthiness. TRACE does not conduct criminal background checks unless expressly stated.
19.2 Unapproved In-Person Meetings. TRACE prohibits and does not protect user-to-user handoffs. Anyone who nevertheless arranges a meeting does so voluntarily, outside the supported flow, without TRACE supervision, and at their own risk. Do not enter a stranger’s home; leave unsafe situations; do not carry weapons, threaten, harass, stalk, discriminate, or overshare; and report urgent danger to authorities. These precautions do not authorize the meeting.
19.3 Item Safety. Clothing and accessories may pose allergy, hygiene, choking, trip, fit, material, or care risks. Inspect Items and follow manufacturer warnings. TRACE is not responsible for undisclosed sensitivity, contamination, or unsafe use except under non-waivable law.
19.4 Possession and Security. Renters must secure Items from theft, weather, pets, smoke, children, third parties, and unauthorized use. Listers must package appropriately and remove personal property. Neither user may misuse the other’s contact or address information.
20. Acceptable Use and Enforcement
20.1 Prohibited Conduct. You may not violate law or rights; misrepresent identity, age, ownership, Item details, availability, price, or evidence; create false or duplicate accounts; place self, sham, manipulative, or collusive Calls; fake demand or launder payments; evade fees or protection off-platform; harass, threaten, discriminate, stalk, exploit, or expose private information; obstruct returns or claims; falsify tracking, receipts, photos, reviews, reports, or chargebacks; scrape, frame, reverse engineer, copy, sell, or exploit the Services except where law allows; bypass controls, limits, payments, or security; introduce malware; use unauthorized bots; abuse Credits, referrals, promotions, APIs, or links; or help anyone do so.
20.2 Off-Platform Transactions. Soliciting off-platform payment, refund, reimbursement, shipment, scheduling, or completion of a TRACE-introduced Transaction is prohibited. Such activity is ineligible for TRACE Protection, refunds, payment support, or platform dispute resolution and may cause fees, shifted loss, restriction, or removal.
20.3 Investigations. Cooperate with reasonable investigations and preserve Items, packaging, receipts, records, and messages. TRACE may analyze device, payment, identity, network, location, referral, behavior, and relationship signals; contact users or providers; test evidence; report suspected illegality; and retain information after deletion where reasonably necessary.
20.4 Enforcement Measures. Depending on severity and history, TRACE may warn, educate, limit features, pause Listings, hold or reverse funds or Credit, reverify identity, adjust rankings, unwind Transactions, restrict communications, suspend, or terminate. Good-faith covered accidents are separate from fraud and reliability violations. Serious counterfeit, safety, fraud, non-return, chargeback, or legal risk may cause immediate action.
20.5 Appeals. Where offered, file an appeal within the stated time with materially new information. Account, content, and protection decisions may use different processes. An appeal does not automatically pause a safety restriction or fixed payment deadline.
20.6 Sanctions and Export. You represent that you are not sanctioned or located in a comprehensively sanctioned jurisdiction and will not violate export-control, anti-money-laundering, anti-bribery, or sanctions laws.
21. Third-Party Services and Mobile Platforms
21.1 Third Parties. The Services may link to or integrate retailers, carriers, Stripe, Shippo, address services, social or messaging platforms, app stores, data providers, and others. They—not TRACE—are responsible for their products, terms, privacy, prices, content, outages, and conduct. Links, integrations, rankings, and logos are not endorsements.
21.2 Retailer and Affiliate Links. TRACE may receive affiliate compensation or preserve creator attribution for retailer links. The retailer remains merchant for the Lister’s purchase, and its terms govern availability, taxes, returns, warranties, intellectual property, and delivery. TRACE is not liable for retailer decisions or lost commissions.
21.3 Carrier Terms. Authorized shipping may bind you to carrier rules. Provide accurate address, package, content, and value information and do not ship prohibited material. Carrier limits do not expand TRACE’s duties. TRACE Courier follows these Terms and displayed TRACE instructions.
21.4 Apple-Specific Terms. If you obtained the app through Apple, these Terms are between you and Resale Connect, not Apple. Apple has no maintenance or support duty and, except for any refund of app purchase price required for a non-disclaimable warranty, no warranty obligation. Resale Connect handles app-related product, compliance, consumer, and intellectual-property claims. You represent you are not in a U.S.-embargoed country or on a U.S. prohibited-party list and will follow applicable third-party terms. Apple and its subsidiaries are third-party beneficiaries of this Section.
21.5 Updates and Device Requirements. TRACE may update the Services and discontinue older versions. You are responsible for a compatible device, network access, carrier charges, backups, and app-store rules. Compatibility with every device or operating system is not guaranteed.
22. TRACE Intellectual Property and Copyright Complaints
22.1 Our Rights. TRACE or its licensors own the Services, software, designs, interfaces, databases, rankings, branding, and supplied materials, excluding User Content and third-party material. Subject to these Terms, you receive a limited, personal, revocable, nonexclusive, nontransferable, nonsublicensable license for intended consumer marketplace use.
22.2 Restrictions. You may not reproduce, distribute, publicly display, derive from, sell, license, extract data from, or use TRACE intellectual property to build a competing product, train a model, publish misleading benchmarks, or imply endorsement, except with written permission or where non-waivable law allows.
22.3 Trademarks. TRACE, its logos, Tracey, and related names and trade dress are Resale Connect marks; third-party marks belong to their owners. Do not use marks confusingly, deceptively, or unlawfully.
22.4 Copyright Notices. To report copyright infringement, email help@addtrace.com with subject “Copyright Notice” and identify the work and challenged material; provide your contact information, good-faith unauthorized-use statement, perjury statement of accuracy and authority, and signature. TRACE may forward the notice and request a compliant counter-notice. This does not replace any Copyright Office designation required for safe-harbor treatment.
22.5 Repeat Infringers. TRACE may remove content and terminate repeat infringers or users who repeatedly submit unlawful material, as appropriate and consistent with law.
23. Privacy
23.1 Privacy Policy. Our incorporated Privacy Policy explains Resale Connect’s collection, use, disclosure, and retention of information for profiles, verification, payments, addresses, condition evidence, communications, Tracey, analytics, fraud controls, and deletion.
23.2 Transaction Data. You authorize sharing reasonably necessary information with Transaction participants and providers. Another user may use it only to fulfill the Transaction, comply with law, or resolve a dispute. Misuse is a material breach.
23.3 Account Deletion. Deletion does not cancel a Transaction or erase balances, returns, payouts, refunds, claims, reviews, tax records, safety matters, or legal holds. TRACE may restrict first and delete, anonymize, or de-identify after obligations resolve, as the Privacy Policy explains.
24. Suspension, Termination, and Account Closure
24.1 By You. You may stop using the Services and request deletion, but not to avoid a Transaction, return, charge, negative balance, claim, investigation, tax duty, or other obligation. Promotional Credit generally ends on closure, subject to law.
24.2 By TRACE. TRACE may suspend or terminate access, remove content, or discontinue Services if it reasonably believes you breached these Terms; created payment, fraud, counterfeit, safety, legal, or provider risk; failed verification; owe a negative balance; abused support; or continued service is impracticable. We may close dormant or discontinued-program accounts after reasonable notice where feasible.
24.3 Effect. Termination does not automatically cancel a Transaction. TRACE may administer outstanding matters. Provisions concerning licenses, payments, recovery, taxes, records, investigations, disclaimers, releases, liability, indemnity, disputes, and general terms survive as needed.
25. Disclaimers
25.1 AS IS. To the maximum extent permitted by law, the Services are provided “as is,” “as available,” and with all faults. TRACE and its affiliates, officers, directors, employees, contractors, agents, licensors, and providers (the “TRACE Parties”) disclaim all express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, security, and warranties from course of dealing or trade usage.
25.2 Marketplace Risks. The TRACE Parties do not warrant any user, Item, Listing, identity, ownership, title, authenticity, legality, condition, cleanliness, fit, quality, safety, value, availability, demand, earnings, tax result, delivery, return, payment, review, referral, or Transaction. Verification and enforcement cannot ensure truthful information or performance.
25.3 Service Operation. TRACE does not warrant that the Services, Tracey, notices, links, labels, tracking, TRACE Courier, payments, data, or content will be accurate, complete, current, uninterrupted, secure, error-free, compatible, or corrected. Missing a reminder does not extend a deadline.
25.4 No Professional Advice or Reliance. Information, AI output, price suggestions, Protected Value, condition classifications, and support guidance are not professional advice or guarantees. Use independent judgment and professional advice where appropriate.
25.5 Express Program Obligations Only. This Section does not eliminate a refund or protection payment TRACE approves under Sections 12 or 13. Those limited contractual remedies remain subject to their eligibility, exclusions, valuation, evidence, and cap and are not Item or Service warranties.
25.6 Non-Waivable Rights. Where a warranty exclusion is not permitted, it applies only to the maximum lawful extent, and any required warranty lasts only for the shortest permitted period.
26. Release of Marketplace Claims
26.1 User Disputes. To the maximum extent permitted by law, you release the TRACE Parties from claims and damages arising from another user; an Item; a user-to-user contract; a self-arranged handoff; third-party content or services; or off-platform activity. This does not release TRACE’s express payment duties or liability that law does not allow releasing.
26.2 California Civil Code Section 1542. If California law applies, you waive California Civil Code section 1542, which generally preserves unknown claims that would have materially affected a settlement, and any comparable law, to the extent permitted.
26.3 No Double Recovery. Any refund, protection, insurance, chargeback, carrier, repair, replacement, or other recovery for the same loss reduces overlapping claims. Disclose and repay duplicate recovery.
27. Limitation of Liability
27.1 Excluded Damages. To the maximum extent permitted by law, the TRACE Parties are not liable for indirect, incidental, special, exemplary, punitive, multiple, or consequential damages; lost profits, revenue, data, use, business, opportunity, reputation, or goodwill; substitute costs; emotional distress; or personal or property loss arising from a user or Item, even if advised of the possibility.
27.2 Liability Cap. To the maximum extent permitted by law, the TRACE Parties’ total liability for all claims relating to the Services or these Terms will not exceed the greater of $100 or the TRACE service and platform fees you paid during the 12 months before the event. Call amounts, Lister proceeds, taxes, delivery pass-throughs, protection fees, and Promotional Credit are not platform fees for this calculation.
27.3 Separate Transaction Remedies. The general cap does not reduce a Full Refund or TRACE Protection amount expressly approved under Sections 12 or 13, which remains subject to its own price, Protected Value, exclusions, contribution schedule, and $1,000 cap. It also does not limit your payment, indemnity, return, or reimbursement obligations.
27.4 Allocation of Risk. These disclaimers, releases, and limits allocate risk and apply under every legal theory, even if a limited remedy fails of its essential purpose.
27.5 Mandatory Exceptions. These limits do not protect a party from its own fraud or willful misconduct, non-limitable death or personal injury it causes, or other liability law forbids limiting. Any prohibited exclusion applies only to the maximum lawful extent.
28. Indemnification
28.1 Your Indemnity. To the maximum extent permitted by law, you will defend, indemnify, and hold the TRACE Parties harmless from claims, investigations, liabilities, losses, penalties, taxes, damages, and reasonable professional costs arising from your User Content; Item, Listing, acquisition, Transaction, possession, use, shipping, return, or interaction; infringement, counterfeit, safety, privacy, publicity, tax, or regulatory violation; injury or property loss you cause; off-platform conduct; breach; or fraud, negligence, willful misconduct, or illegality.
28.2 Procedure. TRACE will give reasonable notice, subject to prejudice from delay. We may control the defense with chosen counsel, and you must cooperate. Without our written consent, you may not settle in a way that admits a TRACE Party’s fault, imposes nonmonetary duties, or lacks a full release. TRACE may participate at its expense. Consumers do not indemnify a TRACE Party for that party’s own unlawful conduct.
29. Governing Law, Arbitration, and Class-Action Waiver
29.1 Governing Law. The Federal Arbitration Act governs Sections 29.2–29.11. Subject to non-waivable protections in your home jurisdiction, New York law governs these Terms and disputes, without conflict-of-law rules.
29.2 Informal Process First. Before arbitration or suit, the claimant must send an individual Notice of Dispute. Email TRACE at help@addtrace.com with subject “Notice of Dispute”; TRACE may use the contact information on your account. Include the claimant’s identity, account phone and email, relevant Transaction, facts and legal basis, requested relief and calculation, and a personal signature confirming accuracy. The parties will confer in good faith, individually if requested, for 60 days after receipt of a complete notice. Limitation and filing-fee periods are tolled during that time.
29.3 Individual Arbitration. Except for Section 29.4, you and Resale Connect agree to resolve every dispute relating to the Services, these Terms, any Supplemental Policy, a Transaction, communications, or the parties’ relationship through final, binding, individual arbitration—not court. The arbitrator decides scope, enforceability, and arbitrability. A court decides disputes about class, representative, or mass-filing provisions and any public-injunction request that law reserves to courts.
29.4 Exceptions. Either side may bring an individual claim within a small-claims court’s limits. Either side may seek temporary court relief to prevent actual or threatened infringement, unauthorized access, data misuse, counterfeit distribution, fraud, or similar irreparable harm while arbitration proceeds. Government agencies retain their lawful authority, and anyone may report to them.
29.5 Administrator and Rules. National Arbitration and Mediation (“NAM”) will administer arbitration under its then-current Comprehensive Rules, consumer fee schedule, consumer fairness standards, and applicable Mass Filing Supplemental Rules, as modified here. If NAM is unavailable or declines, the American Arbitration Association (“AAA”) will use its then-current Consumer Arbitration Rules and applicable mass-arbitration rules. If the parties cannot agree on an available administrator, a court may appoint one under the Federal Arbitration Act.
29.6 Procedure, Seat, and Fees. One neutral arbitrator will decide the claim. The legal seat is New York County, New York, but a consumer may choose documents-only, telephone, or video proceedings and any hearing location required by applicable law or consumer standards. The arbitrator may award the same individualized remedies as a court. Fees follow the administrator’s consumer schedule and law, and TRACE will pay amounts needed to make this agreement enforceable. Each side pays its own attorneys’ fees unless a law, rule, or sanction allows shifting.
29.7 Jury-Trial and Class-Action Waivers. To the fullest extent permitted by law, if a dispute proceeds in court, you and Resale Connect each knowingly and voluntarily waive a jury trial. Every claim must proceed individually. No court or arbitrator may combine different people’s claims or hear a class, collective, coordinated, private-attorney-general, or representative action, except administrative coordination allowed by NAM’s Mass Filing Supplemental Rules. Relief may be awarded only to the individual claimant and only as needed for that claim.
29.8 Coordinated and Mass Filings. Twenty-five or more substantially similar demands against the same or related parties with coordinated or common counsel are a Mass Filing when NAM or the successor administrator so determines. Each claimant must complete Section 29.2 and submit a personally signed, individualized demand showing a genuine claim. The administrator’s mass-filing procedures—including procedural-arbitrator, fee, mediation, and administration rules—apply. Batching or test cases do not authorize class arbitration, merge claims, or remove individual defenses.
29.9 Public Injunctive Relief. If law bars arbitration of public injunctive relief, a court will decide only that request after the arbitrator resolves arbitrable liability and individual relief. The court case will be stayed where permitted. All other requests remain in individual arbitration.
29.10 Opt-Out. You may opt out by emailing help@addtrace.com with subject “Arbitration Opt-Out” within 30 days after first accepting these Terms. Include your full name, account phone and email, and a clear personal statement opting out; use an account-associated email where possible. Opting out does not affect the other Terms or access. If you accepted an earlier arbitration term without timely opting out, opting out of a later version does not revive the earlier deadline.
29.11 Changes to Arbitration. A materially adverse change to this Section does not apply to a claim TRACE actually knew about before the change. We will notify you of material changes. You may reject only the change by the stated method within 30 days, in which case the prior version continues. Otherwise, continued use is acceptance where permitted by law.
29.12 Severability and Court Forum. If part of this Section is unenforceable, it is severed and the rest remains effective. But if the class-arbitration prohibition is unenforceable for a claim, the agreement to arbitrate that claim is void. Non-arbitrable claims and award-enforcement proceedings must be brought in state or federal court in New York County, New York, subject to small-claims rights and non-waivable law; each side consents to that jurisdiction and venue.
29.13 Time to File. Where permitted, a claim must be filed within one year after accrual or is barred. This does not shorten a period the law forbids shortening and does not cover unpaid balances, fraud, indemnification, intellectual-property infringement, or award enforcement.
30. General Terms
30.1 Entire Agreement. These Terms and incorporated Supplemental Policies are the entire agreement about the Services and replace prior understandings. User purchase orders and unilateral terms do not apply. A signed commercial agreement with Resale Connect controls only where it directly conflicts.
30.2 Assignment. You may not transfer these Terms, an account, a Transaction, or rights without written consent. Resale Connect may assign them in an affiliate reorganization, financing, merger, acquisition, asset transfer, or by law. Prohibited assignments are void.
30.3 Force Majeure. No TRACE Party is liable for delay or failure caused by events beyond reasonable control, including provider failure, retailer cancellation, labor disputes, weather, disaster, epidemic, war, unrest, government action, outage, cyberattack, or force majeure. An approved refund or protection duty remains but may be delayed.
30.4 Severability. Except under Section 29.12, an invalid provision will be minimally modified or severed, and the rest remains effective.
30.5 No Waiver. Failure to enforce is not a waiver. A waiver must be written by an authorized Resale Connect representative and applies only to that instance.
30.6 Interpretation. “Including” means without limitation; “may” is discretionary; “must” is mandatory. Headings are for convenience. Electronic and physical equivalents are treated alike. A TRACE protection also protects the relevant TRACE Parties unless context requires otherwise.
30.7 Third-Party Beneficiaries. Except for Apple under Section 21.4, protected TRACE Parties, and expressly covered providers, these Terms create no third-party beneficiary rights.
30.8 No Exclusive Remedy Against Another User. TRACE’s platform remedy does not necessarily decide all legal rights between users. A user may pursue a lawful individual claim against another user, subject to these Terms, but may not obtain double recovery or impair TRACE’s assigned recovery rights.
30.9 State Consumer Rights. Nothing waives a right or remedy that cannot legally be waived. Additional state consumer rights apply only where required.
30.10 Notices. TRACE may give notice through the Services or your account contacts. Send operational and legal notices through the designated flow or to help@addtrace.com with a clear subject and enough account and issue detail. Notice is effective when received, unless law says otherwise.
30.11 Contact. TRACE is operated by Resale Connect, Inc., a Delaware corporation. Website: addtrace.com. Email: help@addtrace.com.