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ShopItUp US — Terms of Service

Effective date: 2026-09-16 · Last updated: 2026-09-16

PLEASE READ SECTION 18 CAREFULLY. IT REQUIRES YOU AND SHOPITUP TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 18.8.

1. About these Terms

1.1 Who we are. These Terms of Service ("Terms") govern your access to and use of the ShopItUp platform at shopitup.us, including the website, applications, and the ShopItUp browser extension (together, the "Platform"). The Platform is operated by ShopItUp Inc., a Delaware corporation ("ShopItUp," "we," "us"). Our mailing address is 2810 N Church St STE 90010, Wilmington, DE 19802.

1.2 Our Canadian affiliate is not a party. The ShopItUp platform for users in Canada is operated by a separate company under its own terms. That company is not a party to these Terms.

1.3 Who these Terms apply to. These Terms apply to everyone who uses the Platform, including visitors, buyers, and sellers.

1.4 How these Terms fit with our other documents. Depending on how you use the Platform, these documents also apply:

If these Terms conflict with the Terms of Sale or the Seller Agreement, the more specific document prevails for its subject matter. Section 18 (arbitration) applies in all cases.

1.5 Acceptance. You accept these Terms by checking the box indicating your agreement when you create an account or place an order. If you do not agree, do not use the Platform. You agree that these Terms may be accepted and signed electronically under the federal E-SIGN Act.

2. The Platform

The Platform provides:

  • an online marketplace where independent sellers ("Stores") offer items to buyers;
  • tools that help sellers manage inventory and listings;
  • Connected Channels, including Autopilot, which let sellers sync listings and perform actions they enable in their own accounts on third-party platforms (each, a "Channel");
  • AI features; and
  • a browser extension.

ShopItUp is not the seller of items on the marketplace. Each Store is responsible for its own items and sales, as described in the Terms of Sale.

We may change, add, or remove features at any time. If a change removes a paid feature, the Seller Agreement applies.

3. Where the Platform is offered

The Platform is intended for users located in the 50 United States and the District of Columbia. Users located in Canada should use the ShopItUp platform for Canada.

You may not use the Platform if you are located in, or are a resident or national of, a country subject to U.S. sanctions, or if you are on any U.S. government restricted-party list.

4. Eligibility and accounts

4.1 Age. You must be at least the age of majority in your state and able to form a binding contract.

4.2 Business accounts. If you use the Platform for a business, you confirm that you are authorized to bind that business.

4.3 Your account. You must provide accurate information and keep it current. You are responsible for:

  • keeping your password secure; and
  • all activity under your account.

Tell us promptly at support@shopitup.us if you believe your account has been used without your permission.

5. Connected Channels and Autopilot

5.1 Details. Section 11 of the Seller Agreement sets out the terms for Connected Channels and Autopilot. In summary:

  • Your authorization. You authorize ShopItUp to use the authorization, access token, or browser session you provide to perform the actions you enable in your own Channel accounts. The Privacy Policy describes how this works for each type of Channel.
  • No affiliation. ShopItUp is not affiliated with, endorsed by, or partnered with any Channel unless we expressly say so.
  • Channel rules. Each Channel sets its own terms and policies, including rules about listings and automated activity. Channels may change their systems or rules, and may limit, restrict, suspend, or close accounts.
  • Your responsibility. You are solely responsible for your Channel accounts and for your compliance with each Channel's terms and policies.
  • Our rights. We may suspend, limit, or discontinue any Connected Channel at any time, including if a Channel requests it.
  • No liability. To the extent permitted by law, ShopItUp is not liable for any action a Channel takes against your account.

5.2 Only your own accounts. You must connect only accounts that you own or are authorized to manage.

6. Browser extension

6.1 License. We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the ShopItUp browser extension with the Platform.

6.2 What it accesses. The extension accesses only the information described in the Privacy Policy, and only after you give consent.

6.3 Updates. The extension may update automatically.

6.4 Removal. You may remove the extension at any time. Removing it will stop the Connected Channels that depend on it.

7. AI features

AI features generate suggestions, such as listing titles and descriptions, that may be inaccurate or unsuitable. You are responsible for reviewing AI output before you use it.

Section 12 of the Seller Agreement applies to sellers' use of AI features.

8. Acceptable use

You agree not to:

  • use the Platform to break any law or infringe anyone's rights;
  • list or sell items that break our Prohibited and Restricted Items Policy;
  • access accounts, on the Platform or on any Channel, that you are not authorized to use;
  • post false, misleading, or fraudulent content, including fake reviews or testimonials;
  • harass, threaten, or abuse other users or our staff;
  • send spam or unsolicited commercial messages through the Platform;
  • copy, scrape, or collect data from the Platform, or access it by automated means, except through features we provide;
  • reverse engineer, decompile, resell, or sublicense the Platform or the extension, except as the law allows;
  • interfere with or disrupt the Platform or its security, including by introducing malware; or
  • attempt to gain unauthorized access to our systems or data.

9. Content

9.1 Your content. You keep ownership of the content you submit. The licenses you grant us are set out in:

  • the Terms of Sale, for reviews and other buyer content; and
  • the Seller Agreement, for listings and other seller content.

For any other content you submit, such as support messages, you grant us a non-exclusive, royalty-free license to use it to operate and improve the Platform.

9.2 Honest reviews. Nothing in these Terms restricts your right to post honest reviews of Stores, items, or ShopItUp.

9.3 Feedback. We may use any feedback or suggestions you give us without obligation to you.

9.4 Removal. We may remove any content that we believe breaks these Terms or the law.

10. Intellectual property

10.1 Ownership. The Platform, including its software, design, and content (other than user content), is owned by ShopItUp or its licensors and is protected by law. ShopItUp™ is a trademark used under license.

10.2 Your license. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform in accordance with these Terms.

10.3 Reporting infringement. If you believe content on the Platform infringes your copyright, trademark, or other rights, use the process in our Listing Reporting and DMCA Policy. We respond to notices under the Digital Millennium Copyright Act, and we terminate the accounts of repeat infringers in appropriate circumstances.

11. Third-party services

The Platform works with third-party platforms and providers, including Stripe, Google, Shopify, eBay, Pinterest, Microsoft, Poshmark, Depop, and Mercari. Your use of those services is governed by their own terms and privacy policies. ShopItUp is not responsible for third-party services, their availability, or their actions.

12. Privacy

Our Privacy Policy explains how we collect, use, and disclose personal information.

13. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, SHOPITUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT YOU WILL ACHIEVE ANY PARTICULAR SALES, LISTING, OR SHARING RESULT.

Some states do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

(a) SHOPITUP, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (THE "SHOPITUP PARTIES") ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL; AND

(b) THE SHOPITUP PARTIES' TOTAL LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE PLATFORM IS LIMITED TO THE GREATER OF (i) THE FEES YOU PAID SHOPITUP IN THE 12 MONTHS BEFORE THE CLAIM AROSE AND (ii) US $100.

For purchases, the limitation in the Terms of Sale applies. For sellers, the limitation in the Seller Agreement applies.

These limits apply to all theories of liability and even if a remedy fails of its essential purpose. Some states do not allow these limits, so some of them may not apply to you.

15. Indemnity

To the extent permitted by law, you will indemnify and defend the ShopItUp Parties against claims, losses, and expenses (including reasonable attorneys' fees) arising from:

  • your breach of these Terms;
  • your misuse of the Platform; or
  • your content.

For sellers, the indemnity in the Seller Agreement also applies.

16. Suspension and termination

16.1 By you. You may stop using the Platform and close your account at any time.

16.2 By us. We may suspend or close your account, or restrict your access, if:

  • you breach these Terms;
  • the law requires it; or
  • we believe it is necessary to protect the Platform, other users, or third parties.

Where appropriate, we will tell you why.

16.3 Sellers. Section 20 of the Seller Agreement governs how open orders, payouts, and subscriptions are handled when a seller's account ends.

16.4 Survival. Sections 9, 10, 13, 14, 15, 18, 19, and 20, and any other provision that by its nature should survive, survive termination.

17. Changes to these Terms

We may update these Terms from time to time.

  • Material changes: we will notify you by email or by a prominent notice on the Platform at least 15 days before they take effect.
  • Your options: if you do not agree to a change, stop using the Platform and close your account before the change takes effect. Continuing to use the Platform after the effective date means you accept the updated Terms.
  • Changes to Section 18: Section 18.9 applies.
  • Fees and paid features: changes are governed by the Seller Agreement.

18. Dispute resolution and binding arbitration

18.1 Informal resolution first. Before starting an arbitration or court case, you and ShopItUp agree to try to resolve any dispute informally.

  • Notice of dispute. The party raising the dispute must send a written notice describing the dispute and the relief sought. Notices to ShopItUp go to support@shopitup.us and our mailing address. Notices to you go to the email address on your account.
  • Individual conference. If the dispute is not resolved within 30 days after the notice, either party may request an individual telephone or video conference. You and a ShopItUp representative will attend personally, and your lawyer may also attend.
  • Timing. Neither party may start an arbitration until 60 days after the notice was received, unless both agree otherwise. Any limitation period is suspended during this process.

18.2 Agreement to arbitrate. Except as provided in Section 18.3, you and ShopItUp agree that any dispute, claim, or controversy arising from or relating to these Terms, the Terms of Sale, the Seller Agreement, the Platform, or any transaction on it (each, a "Dispute") will be resolved by binding individual arbitration, not in court.

  • This agreement is governed by the Federal Arbitration Act.
  • It applies to Disputes that arose before these Terms took effect.
  • It applies to Disputes involving the ShopItUp Parties.
  • The arbitrator decides all questions about the scope, validity, and enforceability of this Section 18, except as provided in Sections 18.6, 18.7, and 18.10, which a court decides.

18.3 Exceptions. Either party may:

  • bring an individual claim in small claims court if it qualifies and stays there;
  • seek relief in court for infringement or misuse of intellectual property; and
  • seek emergency injunctive relief in court to stop unauthorized access to the Platform or a security threat, pending arbitration.

18.4 Rules and location.

  • Administrator. The arbitration will be administered by the American Arbitration Association ("AAA"). It will use the AAA Consumer Arbitration Rules if you use the Platform primarily for personal, family, or household purposes, and the AAA Commercial Arbitration Rules otherwise, as modified by this Section 18. The rules are available at www.adr.org.
  • Arbitrator. A single arbitrator will decide the Dispute.
  • Hearing format. For claims of US $25,000 or less, the arbitration will be decided on written submissions or by video conference, unless the arbitrator decides an in-person hearing is necessary.
  • Hearing location. Any in-person hearing will take place in the county where you live, or another place we agree on.
  • Relief. The arbitrator may award the same individual relief a court could award, but only for the individual party seeking relief and only to the extent needed to resolve that party's individual claim.

18.5 Fees. Filing, administrative, and arbitrator fees are paid as provided in the applicable AAA rules. For individuals using the Platform for personal purposes, ShopItUp will pay all such fees beyond the amount you would pay to file a case in court. If you show that the costs of arbitration would be prohibitive compared with litigation, ShopItUp will pay as much of them as the arbitrator finds necessary to prevent that. Each party pays its own attorneys' fees unless the law or the arbitrator's award provides otherwise.

18.6 Class action and jury trial waiver.

  • YOU AND SHOPITUP MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
  • The arbitrator may not consolidate the claims of more than one person, except as provided in Section 18.7.
  • YOU AND SHOPITUP WAIVE ANY RIGHT TO A JURY TRIAL.

18.7 Mass arbitration. If 25 or more similar demands for arbitration are filed against ShopItUp by, or with the help of, the same or coordinated counsel or organizations (a "Mass Filing"):

  • Rules. The AAA's Mass Arbitration Supplementary Rules will apply, together with this Section.
  • Batches. The demands will be administered in batches of up to 50: 25 selected by the claimants' counsel and 25 by ShopItUp. Each batch will be decided by one arbitrator.
  • Stay. The remaining demands will not be filed or administered, and no fees will be due for them, until each earlier batch has been resolved.
  • Mediation. After the first batch is resolved, the parties will mediate the remaining demands in good faith.
  • Limitation periods. All limitation periods for the remaining claims are suspended from the date the Mass Filing notices are received until each claim's batch is filed.
  • Court review. A court may decide any disagreement about whether this Section applies.

18.8 Right to opt out. You may opt out of this arbitration agreement by sending written notice within 30 days after you first accept these Terms, either:

Include your name, the email address on your account, and a clear statement that you want to opt out of arbitration. Opting out does not affect any other part of these Terms, or any earlier arbitration agreement you have with us.

18.9 Changes to this Section. If we make a material change to this Section 18:

  • the change will not apply to any Dispute for which a notice of dispute was sent before the change takes effect; and
  • you may reject the change by sending us written notice within 30 days after it takes effect. If you do, the most recent version of this Section 18 that you accepted continues to apply.

18.10 Severability.

  • Class waiver. If the class action waiver in Section 18.6 is found unenforceable for any claim, that claim, and only that claim, will proceed in court, stayed until any arbitrable claims are resolved.
  • Public injunctive relief. If a claim for public injunctive relief cannot be arbitrated under applicable law, that claim will be decided by a court after the individual claims are arbitrated.
  • Other provisions. If any other part of this Section 18 is found unenforceable, the rest remains in effect.

18.11 Courts. For Disputes that are not arbitrated, you and ShopItUp consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, except for small claims court cases, which may be brought where you live.

19. Governing law

These Terms are governed by the Federal Arbitration Act and the laws of the State of Delaware, without regard to conflict-of-laws rules. This does not deprive you of the protection of any consumer protection law of your state of residence that cannot be waived by contract.

20. General

  • Entire agreement. These Terms, together with the documents listed in Section 1.4, are the entire agreement between you and ShopItUp about the Platform.
  • Severability. If any part of these Terms is found unenforceable, the rest remains in effect, subject to Section 18.10.
  • No waiver. A failure to enforce a provision is not a waiver of it.
  • Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
  • Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control.
  • Notices. We may give you notices by email or through the Platform.
  • Relationship. No agency, partnership, joint venture, or employment relationship is created by these Terms.

21. Notice to California residents

Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

22. Contact

ShopItUp Inc. 2810 N Church St STE 90010, Wilmington, DE 19802 Email: support@shopitup.us