Marketplace Seller Agreement

This Marketplace Seller Agreement ("Agreement") governs your use of the HitScanTCG Marketplace as a Streamer. By enabling Streamer mode on your account, completing Stripe Connect onboarding, or listing any product for sale on the Marketplace, you accept this Agreement. If you do not agree, you may not sell on the Marketplace.

1. Parties and Relationship

This Agreement is between HitScanTCG LLC, a Washington State limited liability company ("HitScanTCG," "we," "our"), and you, the individual or entity accepting this Agreement ("Streamer," "you"). You and HitScanTCG are independent contractors. Nothing in this Agreement creates an employment, partnership, joint venture, franchise, or agency relationship. You have no authority to bind HitScanTCG, and HitScanTCG has no authority to bind you.

2. Eligibility

You must be at least 18 years old, of legal capacity to form a binding contract, and not prohibited from transacting under applicable law.
You must operate from a jurisdiction where this Marketplace is available (currently the United States). Streamers outside the U.S. may be onboarded at our discretion subject to Stripe Connect availability and tax-compliance review.
You must complete identity verification through Stripe Connect and provide accurate tax identification (SSN or EIN) as required by Stripe and applicable law.
You may not be listed on any U.S. government sanctions or restricted-party list.

3. Listings and Inventory

3.1 Permitted products

You may list only sealed, specifically identified Pokémon Trading Card Game products (booster packs, booster boxes, ETBs, tins, bundles, and related sealed products). Each listing must identify the exact set, product type, and quantity. Listings for non-Pokémon TCG products require prior approval.

3.2 Prohibited listings

You may not list, and you warrant that you will not list, any of the following:

Counterfeit, reproduction, unauthorized, or knowingly mislabeled products.
"Mystery," "lottery," "chase chance," "hit chance," or unidentified packs, or any listing whose product contents are not specifically disclosed before purchase.
Packs from bulk that have been opened, weighed, sorted, searched, or otherwise compromised before resale as "sealed."
Single cards, opened cards, graded singles, or loose cards. The Marketplace is currently sealed-product only.
Items you do not own, do not have the right to sell, or that are on consignment where you lack clear authority.
Prize draws, raffles, sweepstakes, giveaways tied to purchase, "wheel spins," or any chance-based promotion, whether free or paid. See the Anti-Gambling Policy.
Items that violate the intellectual property, publicity, or privacy rights of any third party.
Items prohibited by the Terms of Service or by applicable law.

3.3 Listing accuracy

You are responsible for the accuracy of every listing, including title, product type, set, price, quantity, condition (always "sealed factory new" for permitted products), and shipping terms. Misleading listings may be removed, and your account may be suspended or terminated. You authorize us to edit listings only to correct obvious typographical errors or to conform listings to Marketplace naming conventions.

3.4 Inventory integrity

You represent and warrant that for every listing: (a) the product is in your physical possession or is a confirmed pre-order you have the legal right to fulfill, (b) the product is factory sealed and has not been searched, weighed, or tampered with, and (c) you will fulfill the order with the specific product listed, without substitution.

4. Pricing, Fees, and Payments

4.1 Your pricing authority

You set the retail price of each listing. You may change prices at any time for future orders, but the price confirmed at the Viewer’s checkout is the binding price for that order.

4.2 HitScanTCG software service fee

HitScanTCG charges a software service fee of 1.5% of the gross transaction total (excluding sales tax and shipping) on each completed order. This fee is collected automatically through Stripe Connect’s Application Fee mechanism: when the Viewer’s payment is charged to your Stripe Connected Account, Stripe transfers 1.5% of the qualifying amount to HitScanTCG’s platform account and the remainder stays in your Connected Account. Stripe payment processing fees are assessed separately by Stripe against your Connected Account according to Stripe’s standard schedule. We may revise the software service fee with at least 30 days’ advance notice.

4.3 Sales tax

Because you are the merchant of record for every sale and Viewer payments flow directly into your Stripe Connected Account, you are responsible for determining, collecting, and remitting any sales, use, value-added, or other transaction taxes arising from your Marketplace sales in every jurisdiction where you have a tax obligation. You may use Stripe Tax or comparable services through your Connected Account to compute and collect sales tax at checkout, or you may self-remit. HitScanTCG is not a marketplace facilitator and does not collect, calculate, or remit sales tax on your behalf. You agree to register with, file returns in, and remit tax to every taxing authority where you have nexus.

4.4 Payouts

Payments from Viewers are processed through Stripe Connect using direct charges. The Viewer’s payment method is charged directly to your Stripe Connected Account, and you receive the gross amount minus (a) HitScanTCG’s 1.5% Application Fee, (b) Stripe’s payment-processing fees, and (c) any refund or dispute adjustments — directly into your Connected Account balance. HitScanTCG does not at any point hold, custody, or route Viewer funds.
Payout timing from your Connected Account balance to your bank account is controlled by Stripe and typically follows Stripe’s standard schedule for your jurisdiction (usually 2 business days from charge capture in the U.S., subject to Stripe’s rolling reserve and hold policies).
HitScanTCG is not a money transmitter and is not responsible for delays, holds, reserves, reversals, or freezes imposed by Stripe on your Connected Account.
You agree to respond promptly to any Stripe request for additional information required to maintain Connected Account good standing or to continue receiving payouts.

4.5 Tax reporting

Because your Connected Account is the merchant of record, Stripe (not HitScanTCG) will issue IRS Form 1099-K to you through your Connected Account if your receipts cross the applicable federal or state reporting threshold, and Stripe will satisfy any state-level 1099-K obligations through the same mechanism. You are responsible for all income, self-employment, and other non-sales taxes on your Marketplace earnings. HitScanTCG does not issue 1099-Ks for Marketplace sales and does not provide tax advice. The 1.5% software service fees you pay to HitScanTCG through the Application Fee mechanism are HitScanTCG’s revenue and are reported by HitScanTCG separately; you are not required to issue tax forms to HitScanTCG for these fees.

4.6 Refunds and chargebacks

When a refund is issued (whether by you or through Stripe dispute resolution), the refunded amount (including any sales tax component you collected) is returned to the Viewer from your Connected Account balance, and the proportional 1.5% software service fee previously transferred to HitScanTCG is reversed back to your Connected Account in accordance with Stripe’s Application Fee refund mechanism. Stripe’s dispute fee (typically $15 for lost disputes) is charged against your Connected Account.
Chargebacks are governed by Stripe’s dispute process. You agree to cooperate fully with evidence collection (tracking numbers, proof of delivery, communications with the Viewer) within Stripe’s response windows.
Excessive chargeback rates (defined by Stripe, currently ~0.7% of transactions or $0.70 per $100 in gross) may result in your Stripe account being restricted or terminated, which will in turn disable your Marketplace Streamer status.

5. Fulfillment Obligations

5.1 Livestream opening

You agree to open each purchased product on a livestream to which the Viewer has been provided access (public Twitch, YouTube, or in-platform stream) within a reasonable time after the order is placed, subject to your published stream schedule.
Opening must be performed live on camera, without pausing or tampering with the product prior to opening, and with the product visible to the camera before breaking the seal.
The Viewer is entitled to every card included in the specific sealed product purchased. Substitution, omission, or withholding of any card is prohibited.
If a pack cannot be opened live within 14 days of purchase due to a scheduling or technical issue, you must either (a) open it on a recorded private video shared with the Viewer, or (b) refund the order.

5.2 Shipping

You must ship every order within 5 business days of the livestream opening, unless you have published a longer handling time on your Streamer profile and the Viewer accepted that handling time at checkout.
Shipping must use a trackable method (USPS First Class with tracking, USPS Priority, UPS Ground, or equivalent). You must upload the tracking number to the order before marking it shipped.
Packaging must use rigid or semi-rigid card protection (top loaders, card savers, or team bags) and a protective mailer appropriate to the product value. Orders over $100 in value must be shipped with signature required or equivalent.
You may pass shipping costs to the Viewer via the shipping fee line item, but you may not inflate shipping to circumvent the software service fee that applies to the product price.
The Shipping Policy describes standard timelines communicated to Viewers; your offering must be consistent with that policy or explicitly disclose deviations.

5.3 Lost, damaged, stolen shipments

You are responsible for the order until the Viewer receives it, except where you can demonstrate the loss, damage, or theft occurred after confirmed delivery (delivery scan at the Viewer’s address).
If a package is lost in transit (no delivery scan after 10 business days from shipment), you must either reship (if inventory is available) or refund the order in full.
If a package is damaged in transit, you must refund or replace at the Viewer’s option. You may file a claim with the carrier at your own cost; HitScanTCG does not mediate carrier claims.

5.4 Cancellation

You may cancel an order before opening for any reason, but you must issue a full refund promptly and notify the Viewer through the order messaging system. Repeated cancellations may result in Streamer account suspension.

6. Content License

You grant HitScanTCG a worldwide, non-exclusive, royalty-free, sublicensable license to host, reproduce, display, transmit, adapt (for technical formatting only), and distribute your Streamer profile content (display name, bio, avatar, logo, store description, listing titles and descriptions, product photos) for the purpose of operating, improving, and promoting the Service. We may feature your store in Marketplace discovery, site search, marketing emails, and social media, unless you opt out through your account settings. You represent that you own or have all rights necessary to grant this license and that your content does not infringe any third-party rights.

7. Platform Access and Rate Limits

HitScanTCG may impose rate limits, storefront listing caps, and inventory update rate limits to prevent abuse. These limits apply uniformly within each tier.
We may use automated systems to detect listing spam, manipulation, and abuse, and may remove offending listings or accounts without prior notice.
We may provide analytics, reporting, and search-ranking features that surface some Streamers over others based on factors including completion rate, response time, chargeback rate, and Viewer ratings. We do not guarantee any particular level of visibility or sales.

8. Anti-Gambling Policy (Mandatory Compliance)

Strict compliance with the HitScanTCG Anti-Gambling Policy is a material condition of this Agreement. Without limiting that Policy, the following on- and off-platform behaviors by you are grounds for immediate suspension or termination:

Offering, promoting, or conducting any raffle, sweepstakes, prize draw, "wheel spin," or chance-based promotion in connection with your HitScanTCG store or streams, including on third-party platforms.
Selling "mystery," "random," or unidentified products through any channel while using a HitScanTCG Streamer account.
Marketing HitScanTCG listings as a chance to win, hit, or pull specific cards, rather than as a retail sale of identified sealed products.
Coordinating with buyers or other Streamers to structure transactions as gambling, sweepstakes, or wagering.

9. Intellectual Property

You retain all rights to your Streamer content subject to the license in § 6.
HitScanTCG retains all rights to the Service itself, including its software, AI pipeline, overlay, database, and brand assets.
Pokémon and related marks are owned by their respective rights holders. You represent that your use of those marks in listings is lawful (descriptive, fair use).
You agree not to scrape, copy, or redistribute listings, Viewer information, or Marketplace data beyond what is necessary to operate your store.

10. Confidentiality

Information you receive from HitScanTCG that is not public (including product roadmaps, pre-release features, internal metrics, and Viewer PII you receive for order fulfillment only) is confidential. You may use Viewer addresses solely to fulfill the specific order and must not retain, share, or market to Viewer addresses beyond the order lifecycle.

11. Data Protection

With respect to Viewer personal data shared with you for order fulfillment (name, shipping address, order contents), you act as an independent controller and are solely responsible for compliance with applicable privacy laws. You must: (a) use the data only for order fulfillment, (b) not retain the data longer than reasonably necessary to fulfill the order and resolve any disputes, (c) maintain reasonable safeguards against unauthorized access, and (d) notify HitScanTCG at security@hitscantcg.com without undue delay if you suspect a breach involving Viewer data.

12. Representations and Warranties

You represent and warrant that:

You have full power and authority to enter into and perform this Agreement.
Your use of the Marketplace will comply with all applicable laws, including consumer protection, tax, advertising, privacy, and anti-gambling laws.
All information you provide to HitScanTCG and Stripe is true, accurate, and current.
Every product you list is authentic, sealed as described, and lawfully in your possession or pre-ordered.
You will not use the Marketplace to launder money, evade taxes, or commit fraud.

13. Indemnification

You will defend, indemnify, and hold harmless HitScanTCG and its officers, directors, members, employees, and agents from any third-party claim, liability, or expense (including reasonable attorneys’ fees) arising out of or relating to (a) any product you list or sell, (b) any breach of this Agreement, (c) any violation of applicable law, (d) any dispute between you and a Viewer, (e) any claim by a tax authority arising from your sales or your obligation as merchant of record to collect, remit, or report sales, use, value-added, income, or other taxes, and (f) any claim that your User Content infringes a third party’s rights.

14. Suspension and Termination

Either party may terminate this Agreement at any time for any reason by giving the other party notice through the account dashboard or by email.
We may suspend or terminate your Streamer access immediately and without advance notice for violation of this Agreement, the Anti-Gambling Policy, the Terms of Service, or applicable law; suspected fraud; excessive chargebacks; or at Stripe’s direction.
On termination: (a) open orders must be fulfilled or refunded, (b) we may withhold Streamer payouts for open or disputed orders pending resolution, and (c) sections 4.5, 6, 9, 10, 11, 12, 13, 15, 16, 17, and 18 survive.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HITSCANTCG WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY. OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) $500 OR (B) THE SOFTWARE SERVICE FEES AND SUBSCRIPTION FEES WE EARNED FROM YOU AND YOUR MARKETPLACE TRANSACTIONS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM.

16. Dispute Resolution

Section 18 of the Terms of Service (informal resolution, binding arbitration, class-action waiver, and 30-day opt-out) applies to this Agreement on the same terms, except that any opt-out notice must be given within 30 days of first accepting this Agreement specifically.

17. Governing Law

This Agreement is governed by the laws of the State of Washington, United States, without regard to conflict-of-law principles. Subject to the arbitration provisions of § 16, exclusive venue lies in King County, Washington.

18. General

Entire agreement. This Agreement, together with the Terms of Service, Privacy Policy, Anti-Gambling Policy, Shipping Policy, Refund Policy, and any incorporated policies, is the entire agreement between you and HitScanTCG regarding the Marketplace.
Order of precedence. If there is a conflict, this Agreement controls over the general Terms of Service for Marketplace-specific matters.
Amendment. We may amend this Agreement by providing at least 30 days’ notice to the email on file. If you do not agree to an amendment, your sole remedy is to terminate this Agreement before the effective date.
Assignment. You may not assign this Agreement. We may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of substantially all our assets.
Severability. If any provision is unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remainder will continue in effect.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Notices. Notices to you will be sent to the email on file. Notices to us must be sent to legal@hitscantcg.com.

19. Contact

Streamer support: streamers@hitscantcg.com
Payouts and tax questions: support@hitscantcg.com (for platform questions) and your Stripe dashboard (for Stripe-handled questions)
Trust & safety / policy violations: trust@hitscantcg.com
Legal: legal@hitscantcg.com