Welcome to Seatify. Before using our application, it is important to understand our rules.
This document, our rules, policies and the other documents referenced make up our Terms of Service("Terms"). The Terms are a legally binding contract between you and Ciao Technologies Inc("Ciao Technologies"). This contract sets out your rights and responsibilities when you use Seatify and our Service(the "Service" includes the "Website" and the application for your mobile device(the "App"), as well as all related websites, networks, downloadable software, and other services provided by us and on which a link to the Terms or Help Center are displayed) provided by Ciao Technologies. Please read them carefully.
BY USING OUR SERVICE, YOU’RE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.
The Help Center is used to host policies in the “Rules and Manners” sections such as the Seller’s List of Prohibited Conduct and Prohibited Items, and provides clarifications to frequently asked questions (“FAQ”). The Help Center can be accessed from side menu of the App. We expect you to read our policies carefully!
We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.
Some important introductions for you.
You’ll need to create an Account with Seatify to use some features of our Service. If Seatify determines that your use of an Account violates any of our Terms, or is otherwise inappropriate or illegal, Seatify may, at its sole discretion, take action, up to and including termination of your account.
Here are a few rules about Accounts with Seatify:
You may terminate your Account with Seatify at any time from your Account Settings in the App. You can find more information in the Help Center. Terminating your Account will not affect the availability of some of your listing content that you posted through the Service prior to your termination and completed transaction information. You are still responsible for all fees chargebacks/payment reversals or refunds received by Seatify, even after you close your Account. You remain obligated to resolve any disputes with other Users that are the result of purchases or sales of seats occurring prior to termination. Seatify-issued Credits are invalid and expire upon termination of your account.
The App and Website are licensed, not sold, to you for use only under our Terms. Seatify reserves all rights not expressly granted to you. Seatify hereby grants you a personal, limited, revocable, non-transferable license to use the App and Website on a single compatible device that you own or control, solely for your own personal use.
You may not modify, alter, reproduce, distribute or make the App or Website available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App or Website.
The Service may include open source software or third party software. Any such software is made available to Users under the terms of the applicable licenses. Please refer to the Help Center Section for the applicable notices and license terms.
Content that you post using our Service must be content you own or have the right to use (so let’s refer to it as “Your Content”). That includes anything you post using our Service (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
License to Use Our Service. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Service—subject to these Terms and the following restrictions:
Seatify reserves the right to change, suspend or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).
We may refuse service to anyone and may terminate or suspend your Account (and any related Accounts) and your access to the Service in whole or in part at any time, for any reason, without notice unless required by law). For example, Seatify will promptly terminate without notice the Accounts of Users who are determined by Seatify to be "repeat offenders." A repeat offender is a User who has been notified of a violation of our Terms, engages in infringing activity, or has had content removed from the Service at least twice.
If we terminate or suspend your Account or access to our Service:
You don’t have a contractual or legal right to continue to use our Service, for example, to sell or buy on our Websites or Apps. We will not be liable to you for the effect that any changes to the Service may have on you, including your income or your ability to generate revenue through the Service.
Prohibited Transactions. When buying a seat using the Service, in addition to the limitations in our Prohibited Items and Prohibited Conduct Policies, Buyers also must not place orders without the intent to purchase, purchase seats for a commercial purpose (e.g., resale), or place any order that is determined by Seatify to be fraudulent or illegal. You agree that the Service may only be used for bona fide purchases of seats, and may not be used to transfer money between a Buyer and Seller that is unrelated to a purchase of seats.
A Seller shall not purchase a seat Seller themselves has listed. A Seller who wishes to withdraw a listing must do so per the procedures specified by Seatify in the Help Center Section. Sales Contract. A sales contract for a seat will be formed with the Seller when the Buyer completes the steps for purchasing a seat as prompted on the Service, but before payment is made by the Buyer. The Seller and the Buyer shall not assign to a third party, provide as security, or otherwise dispose of their rights and obligations arising under such sales contract. Seatify’s Role. Seller agrees that Seatify and its designated payment processor act as agents for the Seller in processing payments for purchases. A Buyer’s obligation to a Seller for the purchase price shall be deemed extinguished upon receipt by Seatify of the purchase price (except for Buyer’s obligations in the event of a chargeback or other payment reversal). Ratings. Once a seat has been received by a Buyer, the Buyer shall promptly rate the Seller. Once the Buyer has rated the Seller, the Seller shall promptly rate the Buyer. Ratings need to be provided by the Buyer and the Seller in order for the Seller to receive his or her earnings. Settlement to Sellers. When user ratings by both a Buyer and a Seller are complete, Seatify and its designated payment processor will process the payment to Seller. Seatify will make commercially reasonable efforts to credit Seller’s earnings Balance with Seatify within ten (10) business days of receipt of the settled payment proceeds by Seatify. Seatify shall transfer earnings to Seller’s bank account upon Seller’s request. Seatify may ask for Seller’s User Information to ensure the transfer and purchase is secure, and may retain the earnings until Seller’s User Information has been verified and confirmed. For more information on our payment procedures, please refer to the Help Center Section.
A User’s responsibility for bank transfer fees and other costs incurred to make or receive a payment shall be subject to the rules set forth in the Help Center Section. Seatify charges a $2 fee for Direct Deposit requests under $10, and a $2 processing fee if a Direct Deposit transfer is rejected by your bank. All other fees associated with a transaction is communicated to the User at time of transactions.
Any payment by a Buyer in connection with the Service shall be made through Seatify and its payment processor and the details of such payment or settlement shall be subject to the rules set forth in the Help Center Section. Purchases made by Payment Instrument through the Service are also subject to the terms and conditions between Buyer and the issuer of the Payment Instrument. When Buyer requests to make a purchase, Seatify processes such transaction on behalf of the Seller, and Buyer authorizes Seller to submit charges or credits (in the case of refunds/reversals), as applicable, to the Buyer’s Payment Instrument. By agreeing to these Terms, you authorize Seatify and its payment processor to charge or debit your designated Payment Instrument, as applicable, when you make transactions or incur fees for the Service.
You, as a Buyer, agree that purchases made through the Service are transactions between you and the Seller, not with Seatify or its affiliates. Seatify and its affiliates are not parties to your payment transaction with the Seller. You also agree that Seatify shall not have any liability to you for any payments made through Seatify’s designated payment processor.
Sellers agree to pay Seatify the current "Transaction Fee," which is defined in the Help Center Section, upon a successful completion of a sale. The current Transaction Fee is a flat 10% Transaction Fee per transaction. If applicable, the Transaction Fee amount will be displayed when Seller lists a seat for sale. Both the Transaction Fee will be subtracted from Seller’s earnings.
Cancellation of a transaction is not permitted once the seat has been ordered by a Buyer, except as required by applicable law or regulation. However, Seatify may allow cancellation of an order if the Buyer does not make a payment or does not pay on time; the Buyer receives an item that is not as described in the listing, is sent the wrong item, or is sent a damaged item. If a Buyer receives an item that’s damaged, not as described in the listing or is sent the wrong item, the Buyer must report the problem to us within 3 (three) days of delivery, or within such longer time as required under applicable law or regulation, through “Contact Us” in the Help Center Section. In such a case, the Buyer must NOT rate the Seller. Items may be returned to the Seller, as Seatify permits, for a refund. Any refund will be issued to the original form of payment, or if a return of the item is not required, the buyer may be issued a refund in Seatify Credit. If the Buyer and Seller agree to a return after this determination, Seatify may be contacted to process to the original form of payment. We do not provide refunds or returns for Prohibited Items. Transactions where payment is sent outside of the Seatify platform are strictly prohibited by Seatify’s Terms and Conditions and not protected by our Buyer Protection Guarantee. Listings or profiles soliciting such transactions are subject to removal without notice.
After a transaction is complete and seats have been delivered to the Buyer, and after both the Seller and the Buyer have rated each other, the Seller may request to have his or her earnings Balance resulting from the sale deposited in his/her bank account by requesting a direct deposit or to use his or her earnings Balance as a Buyer for purchasing seats through the Service (Note: the purchase with Balance feature is currently not available for residents of California). Seatify and/or its banks or processors may impose additional limitations on the dollar amount or frequency of bank deposits or use of earnings; these limitations are subject to change without notice. A Seller whose User Information has not been verified and confirmed by Seatify may not complete a sale through the Service that would result in an Account earnings Balance more than $1,900 (one thousand nine hundred dollars) on any day (24 hour period) as calculated by Seatify at its discretion.
Receipts may not be issued to Users for payments made or received on the Service, except as required by applicable law or regulation. Records of your payment transactions through the Service and Seatify Account Balance transactions will be reflected in your transaction history in your Seatify Account. You are responsible for reviewing your payment transaction history to determine if there are any errors or unauthorized transactions, and for alerting Seatify of such events through Contact Us in the Help Center Section, contacting us via email at contact@Seatify.com or by calling our 1-800 listed on the Contact Us page and on your receipts.
It is your obligation to print or save a copy of your transaction history if desired. Please refer to the Electronic Communications Policy for additional information. In addition to reporting any issues directly to Seatify through Contact Us options in the Help Center Section, residents of certain states may have rights regarding concerns or complaints with our payment services. See the Licenses/Disclosures page for more information. 17. No Interest.
Seatify and its bank do not pay interest to you on earnings or any other funds which may be maintained in an Account or otherwise with Seatify. You assign to Seatify the right to earn interest on earnings or other funds maintained with Seatify and its bank, in consideration of your use of the Service.
A user may earn Coupons by participating in various campaigns offered through the Service or as otherwise explicitly provided by Seatify. The value that may be earned by using Coupons and/or other conditions of Coupons shall be subject to the applicable campaign rules provided by Seatify. To the extent permitted by law or regulation, Seatify may change the rules and may terminate the entire Coupons system without any refund or other compensation for existing Coupons and/or Credits earned by using Coupons. "Coupons" means coupons that can be used to earn Credits, and/or to get discounts and/or for other purposes specified in the applicable campaign rules provided by Seatify, through the Service in accordance with these Terms. A user will not be able to exchange Coupons for cash, property, or any other economic benefits other than for Credits and/or any other benefits through the Service. A user will not be able to transfer Coupons to any other user or person.
Seatify will not refund Coupons for any reason whatsoever unless required to do so under applicable laws and regulations. In such a case, the method for refunding the Coupons shall be determined by Seatify in accordance with applicable laws and regulations. A user is responsible for any unauthorized use of his or her Coupons. If Seatify determines that your use of Coupons violates our Terms or is otherwise inappropriate, Seatify may invalidate all the Coupons and/or Credits earned by using Coupons owned by such user. Coupons expire in accordance with the applicable campaign rules provided by Seatify. Once expired, Coupons will not be reinstated.
Sellers agree to resolve any disputes directly with the Buyer according to our Terms. In the event that a dispute is escalated to Seatify, we reserve the right to issue a refund to a Buyer if a transaction is found to be in violation of Seatify’s Terms. In the event that a Buyer submits a chargeback or other form of payment reversal, Seatify will respond to the payment network as the merchant of record on behalf of the Seller involved in the transaction. The Seller agrees to provide any requested information to Us within five (5) calendar days of the request. Seatify reserves the right to recoup funds associated with Buyer chargebacks/payment reversals or refunds through any permissible legal means. Returns of prohibited items to Sellers are not allowed. Buyers may be eligible for a refund after the seats have been confirmed destroyed. Sellers will not be reimbursed for prohibited items. If there is a dispute between Users, or between a User and a third party with regard to the Service, the matter shall be resolved by such users at their own cost. Seatify may participate in the dispute at its discretion. After a transaction is processed, Seatify is the final arbiter of disputes between Users and Seatify shall not bear any liability related to such disputes. If you have a dispute with one or more users, you release Seatify (and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
We hope this never happens, but if Seatify gets sued because of an action you took using our Service, you agree to indemnify us and assist in defending Seatify to the best of your ability. That means you must assist Seatify in defending any matter in which you were involved. This includes providing information regarding your experience (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of our Service, your breach of the Terms, or your Account’s infringement of someone else’s rights.
Liability Limits. To the fullest extent permitted by law, neither Seatify, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, actual, indirect, special or punitive damages arising out of or in connection with the Service or these Terms. In no event shall Seatify’s aggregate liability for any damages exceed the greater of one hundred ($100) U.S. Dollars or the amount you paid Seatify in the past twelve months for Seller fees.
Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify Seatify from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Disclaimer of Warranties. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. SEATIFY DISCLAIMs ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability. IN NO EVENT WILL SEATIFY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SEATIFY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT THE AGGREGATE LIABILITY OF SEATIFY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO SEATIFY FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (II) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Force Majeure. Seatify shall have no liability for failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism; acts of nature including earthquakes, fire, flood or other acts of God; labor conditions; power failures and/or internet disturbances.
These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Seatify. The Terms, including the Policies and other documents incorporated by reference herein, supersede any other agreement between you and Seatify regarding the Service. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without consent.
If Seatify determines that there is a need to notify or contact a user, it will do so by sending a text message, email, or letter to the email address or mailing address provided by the User. Alternatively, the notice may be displayed on the App or the website, or by other reasonable means. Seatify shall not be liable for any damages incurred due to the fact that Seatify’s notice or communication was not received or was delayed.
You and Seatify each agree that any and all disputes or claims that have arisen or may arise between you and Seatify relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Service, any seats sold, offered, or purchased through the Service, offered or purchased through the Service, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than in court, except that you may assert a claim in small claims court, if it meets the criteria. Arbitration is more informal than a lawsuit filed in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. You and Seatify agree that the Federal Arbitration Act governs the interpretation and enforcement of this Article. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND SEATIFY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SEATIFY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Severability. With the exception of any of the provisions in this Policy, if an arbitrator or court decides that any part of this Policy is invalid or unenforceable, the other parts of this Policy shall still apply. If an arbitrator or court decides that any of the provisions in this Policy ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this section shall be null and void.
To the extent that you are using our App on an iOS device, you further acknowledge and agree to this section. You acknowledge that these Terms are between you and Seatify only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) seat liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Established March 12, 2018
Updated June 20, 2018