Legal

Terms of Service

Last updated: [Pending legal review]

Welcome to Stoff. These Terms of Service ("Terms") govern your access to and use of the Stoff platform (the "Service"), operated by Stoff, LLC ("Stoff," "we," "us," or "our"). By creating an account or using Stoff, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be 18 years of age or older to use Stoff. At registration, you must confirm you are 18+ and provide a date of birth; we reserve the right to deny or terminate registration for accounts that indicate an age under 18. Sellers are additionally subject to identity and age verification through our payment processor, Stripe, before they may receive payouts.

2. Account Types

Stoff supports three profile types:

  • Creator: individual artists who may list and sell original works.
  • Gallery: institutional or organizational accounts that may list and sell works, represent artists, and maintain a professional presence on the platform.
  • Viewer: collectors and browsers who may purchase but not list works for sale.

Stoff also supports Collectives — discussion and community forum spaces for groups of users. Collectives do not list or sell work and are not a party to any transaction; they are subject to the content and conduct rules in Section 8 like any other part of the Service.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

3. Content Ownership and License

You own your work. Uploading artwork, images, or other content to Stoff does not transfer ownership or copyright to us.

By posting content on Stoff, you grant us a non-exclusive, worldwide, royalty-free license to host, display, reproduce (e.g., generate thumbnails and preview images), and use your content for the purpose of operating and promoting the Service — including displaying it on the platform, in search/discovery features, and in Stoff's own marketing (e.g., social media, email newsletters, the Discovery page). This license ends when you delete the content or your account, except for: (a) content already shared as part of a completed transaction; (b) copies retained in automated backup or CDN caching systems, which are purged on their normal cycle; and (c) retention required by law.

You represent that you own or have the necessary rights to any content you upload, and that it does not infringe the intellectual property or other rights of any third party.

4. Copyright Complaints (DMCA)

Stoff respects intellectual property rights and responds to valid notices of copyright infringement under the Digital Millennium Copyright Act (DMCA).

  • Filing a notice: If you believe content on Stoff infringes your copyright, submit a written notice to our designated DMCA agent at [DMCA AGENT CONTACT — TBD] including the information required under 17 U.S.C. § 512(c)(3) (identification of the copyrighted work, the infringing material, your contact information, and a statement made under penalty of perjury).
  • Takedown: Upon receiving a valid notice, we will remove or disable access to the reported content.
  • Counter-notice: The user who posted the content may submit a counter-notice if they believe the removal was made in error. Following a valid counter-notice, we may restore the content unless the original complainant initiates legal action.
  • Repeat infringers: Accounts subject to repeated valid DMCA notices will be suspended or terminated under Section 8.

[Note: Stoff intends to register a DMCA agent with the U.S. Copyright Office before launch. This section assumes that registration is complete — confirm before publishing.]

5. Purchases and Payments

All payments on Stoff are processed through Stripe. Stoff does not collect or store payment card information directly.

  • Fees: Sellers are charged a platform fee on completed sales as described in Stoff's then-current pricing (Free tier and Pro tier). Fee changes will be communicated to sellers via email to the address on file with reasonable advance notice before taking effect.
  • Payouts: Seller payouts are released following the expiry of the applicable dispute window described in Section 7, plus standard Stripe processing time (typically 1–2 business days). The dispute window begins from the relevant trigger event (delivery confirmation for physical goods; download for digital goods) — not from the transaction date.
  • Guest checkout: Buyers may complete purchases without creating a full account, subject to Stripe's payment requirements.

6. Physical and Digital Goods

  • Physical works: Sellers are responsible for accurately describing, packaging, and shipping physical artwork in a manner consistent with its listing. Sellers must ship via a trackable method and are responsible for actual delivery to the buyer's specified address.
  • Digital works (e.g., video): Digital goods are delivered via secure, time-limited download links. Once a digital good has been downloaded, it is generally considered delivered; see Section 7 for the applicable dispute window.

7. Disputes Between Buyers and Sellers

Stoff provides a limited dispute window for the following grounds only:

  • Non-arrival: the item was not received or is confirmed lost in transit (tracking is checked).
  • Damage in transit: the item arrived physically damaged (photographic evidence required within the dispute window).
  • Material misrepresentation: dimensions, medium, condition, or other material attributes are significantly different from the listing description.

Disputes outside these grounds — including buyer's remorse, change of mind, subjective dissatisfaction, or digital downloads once accessed — are not eligible.

Purchase TypeDispute Window
Physical goods (domestic)7 days from delivery
Digital goods (video)3 days from download
Physical goods (international)21 days from delivery, to account for extended shipping times

Return shipping: In a valid dispute, the seller is responsible for return shipping costs, since a valid dispute by definition involves an issue caused by the seller (damage due to packaging, or a listing that materially misrepresented the item). Non-arrival disputes do not require a return.

Stoff may, at its discretion, review evidence (photos, listing descriptions, tracking information, communications) to determine the validity of a dispute and issue a refund, replacement, or other resolution. Stoff's decision on a dispute is final.

8. Suspension and Termination

Stoff may temporarily suspend or permanently terminate your account for any of the following:

  • Violation of these Terms or Stoff's Content Policy (once published), including repeated or severe violations of content or conduct rules.
  • Posting, transmitting, or facilitating child sexual abuse material (CSAM) or other illegal content.
  • Fraud, including misrepresentation of items, identity, or payment information.
  • Repeated valid DMCA copyright infringement notices.
  • Harassment, abuse, or threats directed at other users or Stoff staff.
  • Conduct that creates legal risk or liability for Stoff or other users.

Temporary suspensions are used for suspected violations pending review; permanent termination for confirmed or repeated violations. We will make reasonable efforts to notify you of a suspension or termination and the reason, except where doing so could compromise a safety or legal investigation (e.g., suspected CSAM, active fraud).

Upon termination, your right to use the Service ends immediately. Provisions relating to content licenses already granted, dispute resolution, and limitation of liability survive termination.

9. Disclaimers

The Service is provided "as is" without warranties of any kind, express or implied. Stoff does not guarantee the authenticity, quality, condition, or value of any artwork listed by third-party sellers, nor does Stoff represent that user-posted content complies with third-party intellectual property rights. Stoff is a venue connecting buyers and sellers and is not a party to the underlying sale except as described in Section 5.

10. Limitation of Liability

To the fullest extent permitted by law, Stoff's total liability for any claim arising from your use of the Service is limited to the greater of (a) the amount of fees you paid to Stoff in the 12 months preceding the claim, or (b) $100. Stoff is not liable for indirect, incidental, or consequential damages. This limitation does not apply to liability arising from Stoff's own fraud, wilful misconduct, or gross negligence.

11. Dispute Resolution: Arbitration

Any dispute between you and Stoff (as opposed to disputes between buyers and sellers, governed by Section 7) will be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. Either party may bring an individual claim in small claims court as an alternative. You and Stoff each waive the right to participate in a class action or class arbitration. This section does not apply to intellectual property claims or DMCA matters, which may be brought in court. For information on the AAA and its rules, visit adr.org.

12. Governing Law

These Terms are governed by the laws of [STATE OF FORMATION — TBD], without regard to conflict-of-law principles, except where superseded by federal law.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email to the address on file before taking effect. Continued use of Stoff after changes take effect constitutes acceptance.

14. Contact

This document is a draft prepared with AI assistance based on Stoff's actual business practices as described by its founder. It has not been reviewed by an attorney. Sections 3–4 (IP/DMCA), 7 (dispute windows and fee allocation), 8 (termination), 11 (arbitration), and 12 (governing law) involve real liability exposure and should be reviewed by counsel before publication.