Terms of Service (v2.0)
Effective 2026-06-30 (v2.0)
These Terms of Service ("Terms") govern your use of the sell.fun website, marketplace, MCP server, CLI tools, Claude Code plugin, and all related services (collectively, the "Services") operated by sell.fun Inc., a Delaware corporation ("sell.fun," "we," "us," or "our").
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Overview — Merchant of Record
sell.fun is a digital goods marketplace. Creators ("Creators") list digital products; Buyers ("Buyers") purchase and receive them. sell.fun is the merchant of record for all transactions processed on the platform. We collect payment from the Buyer, issue the invoice and receipt in our name, and handle disputes. Where we hold active tax-authority registrations, we also calculate, collect, and remit applicable indirect taxes (VAT, GST, sales tax); in jurisdictions where our registration is pending, taxes that have been collected are held in preparation for remittance once registration is active. Creators list products; sell.fun sells them as merchant of record and distributes net proceeds to Creators per the Creator Agreement.
2. Eligibility
You must be at least 13 years old to use the Services. If you are under 18, you must have permission from a parent or legal guardian. By using the Services, you represent that you are legally capable of entering into a binding agreement, will provide accurate information, and will comply with all applicable laws. You must not access the Services from a jurisdiction subject to comprehensive US sanctions (currently Cuba, Iran, North Korea, Syria, Russia, and the Crimea/Donetsk/Luhansk regions of Ukraine).
3. Accounts
Creator Accounts: To sell products, you must create a Creator account using magic-link email authentication, complete Stripe Connect onboarding for payouts, and accept the Creator Agreement. You are responsible for maintaining the security of your account and for all activity under it.
Buyer Accounts: Buyer accounts are created automatically when you make a purchase. You can access purchased products through your buyer library.
Security: Notify us immediately at hello@sell.fun if you believe your account has been compromised. We are not liable for losses caused by unauthorized access.
4. Fees
sell.fun charges a 5% platform fee on each sale, deducted from the purchase price before payout. Stripe's payment processing fees (typically 2.9% + $0.30 per transaction, plus any international card or currency-conversion fees) are also deducted. Tax calculation and remittance costs are absorbed by sell.fun as the merchant of record.
Example: On a $10 sale, sell.fun retains $0.50 (5% platform fee), Stripe receives approximately $0.59 (processing), and the Creator receives approximately $8.91. Indirect taxes (if applicable in the Buyer's jurisdiction) are charged to the Buyer on top of the listed price; where sell.fun holds an active registration, these are remitted to the relevant tax authority, and in jurisdictions where our registration is pending, the collected amounts are held in preparation for remittance once registration is active. Taxes do not affect the Creator's net.
We may change our fees with 30 days' notice to registered Creators.
5. Creators
5.1 Listings
Creators may create and publish listings through the website, MCP tools, CLI, or Claude Code plugin. Listings must include accurate titles, descriptions, pricing, and delivery information.
5.2 Delivery
Products may be delivered via file upload (hosted on Cloudflare R2, max 5 GB) or external link.
5.3 Representations and Warranties
By listing a product, you represent and warrant that: you own or have the legal right to sell the product; it does not infringe third-party intellectual property rights; the description is accurate; the product complies with applicable laws; and you authorize sell.fun to sell the product on your behalf as merchant of record.
5.4 Intellectual Property
Creators retain all intellectual property rights in their products. By listing on sell.fun, you grant us a non-exclusive, worldwide, royalty-free license to display, distribute, and promote your listing, deliver the product to buyers, and use your product name and cover image in marketing. This license terminates when you remove the product.
5.5 Payouts
Payouts are processed via Stripe Connect. Creators must complete Stripe's onboarding to receive payouts. Detailed payout mechanics are described in the Creator Agreement.
5.6 Payout Holds
We may hold, delay, or withhold payouts if: your account has an elevated chargeback or dispute rate; we reasonably suspect fraudulent activity; your account is under review for Terms violations; or we receive a legal or regulatory request. We will notify you of any hold and the reason, except where prohibited by law. Held funds will be released once the issue is resolved, or refunded to buyers if warranted.
5.7 Anti-Circumvention
Creators may not direct buyers to purchase outside of sell.fun to avoid platform fees. Arranging transactions off-platform for products listed on sell.fun is a material breach of these Terms and may result in account termination.
6. Buyers
All purchases are processed through Stripe Checkout operated by sell.fun as merchant of record. Upon successful payment, buyers receive an invoice in sell.fun's name and immediate access to the purchased product via secure download link, delivery URL, or buyer library.
Unless otherwise specified by the Creator, purchasing grants you a personal, non-transferable, non-exclusive license to use the product for your own purposes. You may not redistribute, resell, or publicly share purchased products without the Creator's permission.
7. Refunds and Disputes
7.1 Nature of Digital Goods
Digital products are delivered instantly upon purchase. Once downloaded or accessed, the product cannot be "returned." By completing a purchase, you acknowledge that you are buying a digital product and that delivery begins immediately.
7.2 Platform-Administered Refunds
As merchant of record, sell.fun administers all refunds. Creators cannot unilaterally grant or deny refunds. During the paid beta, refund requests must be submitted to support@sell.fun or through the buyer library within 7 days of purchase.
7.3 When Refunds Are Granted
Buyers are entitled to a refund if:
- The product was not delivered (download failed, link broken, no access granted).
- The product is materially different from its listing description (e.g., advertised as 50 templates but contains 5).
- The product contains malware or harmful content.
- The charge was unauthorized (fraud).
7.4 Chargebacks and Recovery Fee
If a buyer initiates a chargeback through their payment provider instead of contacting us, we will respond to the dispute on sell.fun's behalf as merchant of record. If we successfully defend the chargeback, we may deduct a recovery fee equal to 20% of the disputed amount, capped at $50 USD, from the Creator's next payout, reflecting dispute-response costs. If the buyer wins the dispute, the transaction is reversed and no recovery fee applies. Buyers who file chargebacks for products they successfully received may have their accounts suspended. Creators with excessive chargeback rates may have payouts held or accounts restricted.
7.5 EU Buyers
Under EU consumer law, you normally have a 14-day right of withdrawal for online purchases. However, for digital content delivered immediately, you may be asked to consent to immediate delivery and acknowledge that you waive your right of withdrawal once delivery begins. By completing a purchase on sell.fun, you consent to immediate delivery of the digital product and acknowledge the loss of your right of withdrawal.
8. Prohibited Content
- Content that infringes copyrights, trademarks, or intellectual property rights
- Stolen, pirated, or unauthorized copies of digital content
- Malware, viruses, or malicious code
- Content promoting violence, terrorism, or hate speech
- Child sexual abuse material or content exploiting minors
- Pornographic or sexually explicit material
- Products designed to deceive or defraud
- Personal data or private information of others
- Products facilitating illegal activity
- Pyramid schemes, MLM, or get-rich-quick schemes
- Counterfeit or unauthorized branded goods
We reserve the right to remove any violating content and suspend or terminate accounts.
9. Content Moderation
Products may be reviewed by automated and/or manual moderation. We reserve the right to reject, remove, or require modification of any listing. Creators whose products are removed may appeal within 14 days by contacting hello@sell.fun.
10. Copyright (DMCA)
We respect intellectual property rights. To submit a DMCA takedown notice, email hello@sell.fun with: a description of the copyrighted work; the URL of the infringing material; your contact information; a good-faith statement; a statement under penalty of perjury that the information is accurate; and your signature.
We will terminate accounts of repeat copyright infringers.
11. AI Assistant and MCP Usage
sell.fun provides an MCP server at sell.fun/mcp enabling AI assistants (Claude, ChatGPT, and other MCP clients) to interact with the marketplace on your behalf. You are responsible for all actions taken through AI assistants, including creating listings and making purchases. Review AI-generated content before publishing. Agents cannot initiate refunds, place payout holds, or perform merchant-of-record admin operations; those are restricted to sell.fun staff.
12. CLI Tools and Plugins
The sell.fun CLI and Claude Code plugin (sell.fun skills) are provided under the MIT License for free tools and a commercial license for premium tools. Premium skills require a one-time purchase, are verified via the sell.fun API, and may not be redistributed.
13. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant uninterrupted or error-free operation, or that products listed by Creators will be accurate or satisfactory.
14. Limitation of Liability
OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO SELL.FUN DURING THE ONE-MONTH PERIOD PRECEDING THE CLAIM, OR (B) $100. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
Nothing limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.
15. Indemnification
You agree to indemnify and hold harmless sell.fun from claims arising from: your use of the Services; products you list or sell; your violation of these Terms; violation of third-party rights; or disputes with other users.
16. Dispute Resolution
Before initiating any formal dispute, contact us at hello@sell.fun to attempt informal resolution within 30 days. These Terms are governed by the laws of the State of Delaware. Disputes shall be resolved in courts located in Wilmington, Delaware.
TO THE EXTENT PERMITTED BY LAW, DISPUTES WILL BE CONDUCTED ON AN INDIVIDUAL BASIS, NOT AS A CLASS ACTION.
17. Termination
You may close your account at any time. We may suspend or terminate accounts for Terms violations, fraud, prohibited content, or legal requests. Upon termination, listings are unpublished, pending payouts are processed per the Creator Agreement, and buyer access to purchased products continues.
18. General
These Terms, the Creator Agreement, and our Privacy Policy constitute the entire agreement. If any provision is unenforceable, the rest remains in effect. We may update these Terms with 30 days' notice. Continued use constitutes acceptance.
19. Taxes
sell.fun is the merchant of record for all transactions. Our plan is to calculate, collect, and remit applicable indirect taxes (VAT, GST, sales tax) in every jurisdiction where we hold an active registration. Registrations in progress include: EU VAT (Non-Union One-Stop Shop, Ireland as Member State of Identification), UK VAT, Australia GST, New Zealand GST, Canada GST/HST, and US state sales tax in states where we reach economic or marketplace-facilitator nexus. Tax calculated at checkout in a jurisdiction where our registration is active will be collected from the Buyer and remitted to the relevant authority; where registration is pending, collected amounts will be held and remitted once registration is active. Creators are responsible for income tax on their net payout in their country of residence; sell.fun is not a tax advisor.
DAC7 disclosure (EU platforms): Under EU Directive 2021/514 (DAC7), once sell.fun's EU VAT One-Stop Shop registration in Ireland is active, we will begin collecting and reporting certain Creator information (including tax identification number, country of residence, bank details, and total consideration earned) to the Irish tax authority on the cadence required by the Directive. Affected Creators will be notified before any reportable data is submitted. This reporting will apply to Creators resident in the EU and to Creators conducting relevant activity within the EU. Reporting does not commence until registration is complete.
20. Contact
sell.fun Inc. · 1209 N Orange St, Wilmington, DE 19801, USA · hello@sell.fun