Terms of Service (v2.0)

Effective 2026-06-14 (v2.0)

These Terms of Service ("Terms") govern your use of the sell.fun website, selling platform, 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 selling platform. 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). We do not charge an amount described as tax in any jurisdiction where we are not registered. During the current United States–only paid beta we may hold no active indirect-tax registrations, in which case no such tax is charged. Creators list products; sell.fun sells them as merchant of record and distributes net proceeds to Creators per the Seller 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). During the current paid beta, the Services are offered only to Buyers and Creators located in the United States; we may decline, block, or refund transactions that originate outside the United States.

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 Seller 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; we do not charge an amount described as tax in any jurisdiction where we are not registered. 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 Seller 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

If and when the Services are offered to consumers in the EU/EEA or the United Kingdom, those consumers have a statutory 14-day right of withdrawal for distance purchases. Because digital products are delivered immediately, that right is lost only where, before delivery begins, the consumer (a) expressly requests immediate delivery and (b) acknowledges that they thereby lose the right of withdrawal — both captured by a separate, affirmative confirmation at checkout and restated in the purchase receipt. Where that confirmation is not given, delivery is withheld until it is provided or the withdrawal period ends, and the full 14-day right applies. Nothing in this section limits any mandatory statutory right an EU or UK consumer has, including the right of withdrawal where it has not been validly lost. During the current United States–only paid beta, the Services are not offered to EU/EEA or UK consumers.

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 our designated copyright agent at dmca@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.

Our designated DMCA agent is: sell.fun Inc., 1209 N Orange St, Wilmington, DE 19801, USA; dmca@sell.fun. We are completing this agent's registration in the U.S. Copyright Office's Designated Agent Directory. Upon a valid counter-notice (including the counter-notice elements and consent to jurisdiction), we will forward it to the complainant and may restore the material in 10–14 business days unless the complainant files a court action. We 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 sell.fun 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.

Authorization and liability for agent actions. When you connect or authenticate an AI agent to your account, you authorize it to act as your agent, and any listing, price, purchase, or other transaction it initiates binds you as principal as if you had taken the action yourself. You are solely responsible for configuring, supervising, and constraining your agents, and you accept the results of their actions — including mispricing, an inaccurate or non-compliant listing, an unintended or duplicate purchase, or a transaction made without the authorization you intended. sell.fun is not liable for, and you will not hold sell.fun responsible for, losses arising from an agent acting within the access you granted it, even where the agent behaves unexpectedly. You must promptly revoke an agent's access if it behaves in a way you did not intend. sell.fun may rate-limit, suspend, or reverse agent-initiated activity, and may require human confirmation for higher-risk actions, to protect the platform and its users; these protections do not transfer your responsibility for your agents to sell.fun. Nothing in this section limits any mandatory consumer-protection right of a Buyer.

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. Nothing in this disclaimer affects any non-excludable statutory warranty, guarantee, or right a consumer has under the mandatory law of their country of residence.

14. Limitation of Liability

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) FOR CREATORS, THE TOTAL PLATFORM FEES YOU PAID TO SELL.FUN IN THE ONE (1) MONTH PRECEDING THE CLAIM; (B) FOR BUYERS, THE PURCHASE PRICE OF THE AFFECTED TRANSACTION(S); OR (C) $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, for fraud or gross negligence, for our obligations as merchant of record for a paid product that is not delivered, or for any liability that cannot be limited or excluded under applicable law (including mandatory EU/UK consumer-protection 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; Governing Law; Arbitration

Governing law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.

Informal resolution first. Before initiating any formal proceeding, you agree to contact us at hello@sell.fun and attempt to resolve the dispute informally for at least 30 days after written notice.

Binding arbitration. If the dispute is not resolved informally, you and sell.fun agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under the AAA rules that apply to the dispute — its Consumer Arbitration Rules where you are a Buyer acting as a consumer, and its Commercial Arbitration Rules where you are a Creator or otherwise acting for business or professional purposes — in each case then in effect, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitration will be conducted in the English language; for a Buyer or Creator resident in the United States, it may take place in the county of your residence or by video/telephonic hearing, and otherwise the seat is Wilmington, Delaware. The arbitrator may award the same individual relief a court could.

Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in the courts of Wilmington, Delaware for actual or threatened infringement or misuse of intellectual property or unauthorized access to the Services. For any matter not subject to arbitration, the parties submit to the exclusive jurisdiction of the courts located in Wilmington, Delaware.

Jury-trial and class-action waiver. TO THE EXTENT PERMITTED BY LAW, YOU AND SELL.FUN WAIVE ANY RIGHT TO A JURY TRIAL, AND ALL CLAIMS WILL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding.

30-day right to opt out. You may opt out of this arbitration agreement (including the class-action waiver) by emailing hello@sell.fun with your account email and the statement "I opt out of arbitration" within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

Mandatory consumer protections. Nothing in this Section deprives a consumer of the protection of mandatory provisions of the law of their country of habitual residence, or of any non-waivable right to bring proceedings in the courts of that country. This arbitration agreement, the class-action waiver, and the Delaware forum selection do not apply to EU/EEA or UK consumers, or to any other consumer, to the extent prohibited by applicable law.

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 Seller Agreement, and buyer access to purchased products continues.

18. General

These Terms, the Seller Agreement, and our Privacy Policy constitute the entire agreement between you and sell.fun and supersede all prior agreements on their subject matter. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the rest remains in full effect. We may update these Terms with 30 days' notice; continued use after the effective date constitutes acceptance.

Assignment. You may not assign or transfer these Terms or any rights or obligations under them, in whole or in part, without sell.fun's prior written consent, and any attempted assignment in breach of this section is void. sell.fun may freely assign or transfer these Terms, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. These Terms bind and benefit the parties and their permitted successors and assigns.

Force majeure. sell.fun is not liable for any delay or failure to perform to the extent caused by events beyond its reasonable control, including acts of God or nature, fire, flood, war, terrorism, civil unrest, labor disputes, pandemics or epidemics, governmental action, or the failure, interruption, or degradation of payment processors, hosting, network, or other third-party providers on which the Services depend. Affected obligations are suspended for the duration of the event and the time for performance is extended accordingly.

No waiver. No failure or delay by sell.fun in exercising any right or remedy operates as a waiver of it, and no single or partial exercise precludes any further exercise of that or any other right or remedy. A waiver is effective only if it is in writing and signed on behalf of sell.fun.

Notices. We may give you notices by email to the address on your account or by posting in the Services; such notices are deemed received when sent or posted. Legal notices to sell.fun must be sent to sell.fun Inc., 1209 N Orange St, Wilmington, DE 19801, USA, with a copy to hello@sell.fun.

19. Taxes

sell.fun is the merchant of record for all transactions. We calculate, collect, and remit applicable indirect taxes (VAT, GST, sales tax) only in jurisdictions where we hold an active registration. We do not charge an amount described as tax in any jurisdiction where we are not registered. We intend to register, in phases, where we are required to (which may include EU VAT via the Non-Union One-Stop Shop, UK VAT, Australia GST, New Zealand GST, Canada GST/HST, and US state sales tax where nexus exists); the current list of jurisdictions in which we hold an active registration is published at /tax-registrations and may be empty during the paid beta, in which case no indirect tax is charged. 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