Terms of Service

Effective Date: May 7, 2026
Last Updated: May 7, 2026

Welcome to MarkitMix. These Terms of Service (the "Terms") form a legally binding agreement between you and MarkitMix, Inc., a Delaware corporation ("MarkitMix," "we," "our," or "us"), governing your access to and use of the MarkitMix website, mobile applications, APIs, and related services (collectively, the "Service").

Please read these Terms carefully. They include important provisions that affect your legal rights, including a binding arbitration clause and a class action waiver in Section 18, which require you to resolve disputes with us on an individual basis and limit the remedies available to you in the event of a dispute. You may opt out of arbitration as described in Section 18.

By creating an account, accessing, or using the Service in any way, you agree to these Terms, our Community Guidelines, our Privacy Policy, and any other policies, rules, or guidelines we publish (collectively incorporated into these Terms by reference). If you do not agree, you must not use the Service.

1. About MarkitMix

MarkitMix operates an online marketplace that connects independent buyers and sellers of physical goods through formats that may include auctions, fixed-price ("Buy It Now") listings, accepted offers, bundled shipping, and (when available) live sales.

MarkitMix is a venue, not a party to transactions between users. All sales are contracts solely between the buyer and the seller. MarkitMix does not own, sell, resell, furnish, authorize, offer, deliver, take title to, or transfer legal ownership of any item listed on the Service, and is not the agent of any user. Except where expressly stated, MarkitMix does not inspect, authenticate, guarantee, or warrant any item sold through the Service.

2. Eligibility

To use the Service, you must:

  • Be at least 18 years old and capable of forming a legally binding contract under applicable law;
  • Not be barred from receiving services under the laws of the United States or other applicable jurisdiction;
  • Not have been previously suspended or removed from the Service;
  • Provide accurate and complete information when creating an account; and
  • Comply with these Terms and all applicable laws and regulations.

The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected such information, we will delete it. See our Privacy Policy for details.

3. Account Registration and Security

To buy or sell on the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information;
  • Maintain and promptly update your account information;
  • Maintain the security and confidentiality of your login credentials;
  • Be solely responsible for all activity that occurs under your account; and
  • Notify us immediately at info@markitmix.shop of any unauthorized access or suspected security breach.

You may maintain only one account unless we expressly authorize otherwise. Creating additional accounts to circumvent suspensions, restrictions, fees, or strikes is prohibited and grounds for permanent termination.

4. Buyers

4.1 Binding Bids and Purchases

All bids placed in an auction, all offers submitted, and all Buy It Now purchases on the Service are binding commitments to purchase. By placing a bid, submitting an offer, or completing a Buy It Now purchase, you agree to pay the resulting price (plus applicable shipping, taxes, and fees) and to complete the transaction with the seller. Bids and offers cannot be retracted except in narrow circumstances permitted by us in our sole discretion (for example, an obvious typographical error).

4.2 Payment Authorization and Auto-Charge

By saving a payment method to your account, you authorize MarkitMix and its payment processors (including Stripe, Inc.) to charge that payment method for amounts you owe under these Terms, including the purchase price of items you win or buy, applicable taxes and shipping, and any cancellation, non-payment, or other fees described in these Terms or in your seller's listing terms. This authorization remains in effect until you remove the payment method or close your account, subject to our right to retain a payment method on file to settle outstanding obligations.

4.3 Cancellation and Non-Payment Fees

Sellers may set a cancellation fee on their listings to protect against non-payment. If you win an auction, have an offer accepted, or complete a Buy It Now purchase but fail to pay within the required timeframe (typically 24 hours from the time payment is due), the seller's cancellation fee will be charged to your saved payment method.

Cancellation fees may be a fixed amount (e.g., $10) or a percentage of the winning bid or purchase price (e.g., 5%), as configured by the seller, subject to a maximum cap set by MarkitMix. The applicable fee is disclosed on each listing before you bid, offer, or purchase.

4.4 Account Strikes and Restrictions

Non-payment incidents are tracked through an account-strike system. Each non-payment event results in a strike on your account. Accumulating strikes may lead to temporary or permanent restrictions on your ability to bid, make offers, or purchase items. Strike thresholds and corresponding restrictions are determined by MarkitMix and may be updated from time to time. You can view your current account standing in your profile settings.

4.5 Disputes and Appeals

If you believe a cancellation fee or strike was applied in error, or there were extenuating circumstances that prevented payment, you may contact info@markitmix.shop within 30 days. All disputes are reviewed on a case-by-case basis. MarkitMix reserves the right to make final determinations.

4.6 Dealing with Sellers

Your transaction is with the seller. Issues regarding item condition, accuracy of description, shipping delays, returns, refunds, or post-sale disputes must first be raised with the seller through our messaging system. If you cannot resolve the issue with the seller, you may escalate to MarkitMix support, which may (but is not obligated to) mediate, refund, or take other action consistent with our then-current buyer-protection policies.

5. Sellers

5.1 Seller Representations and Warranties

By listing an item on the Service, you represent and warrant that:

  • You own the item or have full legal authority to sell it;
  • The item is accurately and truthfully described, including condition, authenticity, materials, dimensions, defects, and any prior repair or modification;
  • All photographs depict the actual item being sold;
  • The sale and shipment of the item complies with all applicable laws and these Terms;
  • The item does not infringe any third party's intellectual property, privacy, publicity, or other rights;
  • You will honor the listing's stated terms (price, condition, shipping, returns); and
  • You will fulfill orders promptly in accordance with Section 5.4.

5.2 Listing Standards

Listings must be accurate, complete, and not misleading. You may not use deceptive titles, irrelevant keywords, hidden text, or unrelated brand names to attract attention to your listing. You may not list items you do not have in your possession (drop-shipping is permitted only if disclosed and shipped within the listing's stated handling time).

5.3 Stripe Connected Account

To receive payouts, you must register a Stripe Connected Account through MarkitMix. By doing so, you agree to the Stripe Connected Account Agreement and the Stripe Services Agreement, which are agreements directly between you and Stripe. You are responsible for keeping your Stripe account in good standing and providing accurate identity, banking, and tax information to Stripe.

5.4 Shipping and Fulfillment

Sellers are responsible for packaging and shipping sold items in accordance with the listing's stated handling time. The Service integrates with Shippo to facilitate label purchase, tracking, and (when available) bundled multi-item shipping. By purchasing a label through the Service, you authorize the corresponding amount to be deducted from your seller balance or charged to your payment method.

Sellers must:

  • Ship within the stated handling time (typically 1–3 business days);
  • Use the carrier and service indicated in the listing or selected at fulfillment;
  • Provide valid tracking; and
  • Take reasonable care in packaging to prevent damage in transit.

Sellers bear the risk of loss or damage in transit unless otherwise disclosed in the listing and agreed by the buyer. Failure to ship on time, repeated lost or damaged items, or shipping items materially different from the listing description may result in order cancellation, refunds to the buyer, payout reversal, account strikes, or termination.

5.5 Returns and Buyer-Seller Disputes

Sellers are expected to work in good faith with buyers to resolve disputes. MarkitMix may, in its discretion, intervene in disputes, issue refunds from seller balances, void shipping labels, or otherwise act to protect buyers consistent with our then-current policies.

5.6 Taxes

You are responsible for determining and paying any income, self-employment, business, or other taxes that arise from your sales on the Service. MarkitMix may collect and remit sales, use, or similar transaction taxes on your behalf as a marketplace facilitator where required by law; in such cases, the marketplace-facilitator tax is collected from the buyer and remitted directly by MarkitMix to the applicable taxing authority. MarkitMix may issue IRS Form 1099-K (or successor forms) to sellers who meet applicable reporting thresholds and may share information with tax authorities as required by law.

5.7 No Off-Platform Transactions

You may not use the Service to identify users and then complete the transaction off the Service to avoid platform fees, evade buyer protection, or for any other reason. Soliciting off-platform contact information, payment, or sales is prohibited and grounds for termination and forfeiture of pending payouts.

6. Fees

MarkitMix charges sellers the following fees on completed sales:

  • Platform Fee: 7.1% of the item sale price (excluding taxes and shipping), unless modified by an active promotion or fee schedule applicable to your account.
  • Payment Processing: Stripe's standard payment processing fees, passed through to the seller as a separate line item.
  • Shipping: The cost of shipping labels purchased through the Service.
  • Cancellation Fees: Charged to buyers as described in Section 4.3 and remitted to sellers, less any platform processing.
  • Other Fees: As disclosed in the Service or in writing from time to time.

Fees are deducted from seller payouts at the time of sale or otherwise charged through the Service. We may change our fees at any time by posting the updated fees in the Service or notifying you. Fee changes apply to listings created or sales completed after the effective date of the change.

7. Community Guidelines; Prohibited Items and Conduct

Your use of the Service is also subject to our Community Guidelines, which are incorporated into these Terms by reference. The Community Guidelines describe what is and isn't allowed on MarkitMix and include (without limitation):

  • Standards for honest, accurate listings and respectful conduct toward other users;
  • A strict prohibition on counterfeit, replica, knockoff, "inspired by," "in the style of," "dupe," and unauthorized fan-made or fan-art items using third-party intellectual property;
  • Restrictions on weapons, drugs, hazardous materials, recalled items, adult content, and other regulated or unlawful goods;
  • Prohibitions on shill bidding, fee circumvention, multiple-account abuse, off-platform solicitation, scraping, harassment, and other abusive conduct; and
  • Procedures for reporting violations and the enforcement actions we may take.

Violation of the Community Guidelines is a violation of these Terms and may result in listing removal, refunds to affected buyers, account strikes, suspension, or permanent termination, as described in Section 14.

8. User Content and License Grant

"User Content" means any text, photo, video, audio, listing description, message, review, comment, or other content you submit, post, transmit, or display through the Service. You retain all ownership rights you have in your User Content, subject to the license below.

By submitting User Content, you grant MarkitMix a worldwide, non-exclusive, royalty-free, transferable, sublicensable, perpetual, and irrevocable license to host, store, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, distribute, and otherwise use your User Content in connection with operating, providing, marketing, and improving the Service (including in promotional materials and across our channels and partner channels). You further grant other users a non-exclusive license to access and view your User Content as permitted through the Service.

You represent and warrant that:

  • You own or have all necessary rights and licenses to your User Content and to grant the licenses above;
  • Your User Content does not infringe, violate, or misappropriate the rights of any third party (including intellectual property, privacy, and publicity rights);
  • Your User Content is accurate and not misleading; and
  • Your User Content complies with these Terms and all applicable laws.

We may, but are not obligated to, monitor, edit, or remove any User Content for any reason or no reason.

9. Intellectual Property

9.1 MarkitMix IP

The Service, including its software, design, logos, trademarks, text, graphics, and other content (other than User Content), is owned by MarkitMix or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose, subject to these Terms. All rights not expressly granted are reserved.

9.2 DMCA Notice and Takedown

MarkitMix complies with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. If you believe that material on the Service infringes your copyright, please send a written notice to our designated agent that includes:

  1. A physical or electronic signature of the copyright owner or authorized agent;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material claimed to be infringing, with information sufficient to allow us to locate it (e.g., listing URL);
  4. Your name, address, telephone number, and email address;
  5. A statement that you have a good-faith belief that the use is not authorized; and
  6. A statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on the owner's behalf.

Designated Copyright Agent:
MarkitMix — DMCA Agent
Email: info@markitmix.shop
Mailing Address: MarkitMix, Inc., Attn: DMCA Agent, c/o Resident Agents Inc., 8 The Green, STE R, Dover, DE 19901, USA

We will respond to valid notices in accordance with the DMCA. We have a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. If you believe content was removed in error, you may submit a counter-notice meeting the requirements of 17 U.S.C. § 512(g).

10. Live Sales (when available)

From time to time, MarkitMix may offer live-streaming sales features. When you participate as a broadcaster or viewer, additional rules apply, including without limitation: (a) live content is subject to the same prohibitions and User Content terms above; (b) bids placed in a live sale are binding under Section 4.1; (c) broadcasters are responsible for compliance with all applicable laws (including disclosures, consumer protection, and broadcasting rules); and (d) MarkitMix may end, mute, or remove any stream at any time. Specific live-sale guidelines published in the Service are incorporated into these Terms by reference.

11. Promotions, Referrals, and Credits

From time to time, we may offer promotions, referral programs, fee discounts, or account credits. Each is subject to its own terms and may be modified or discontinued at any time. Promotions and credits have no cash value, are non-transferable, and may not be combined unless we expressly permit it.

12. Privacy

Our collection, use, and disclosure of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our handling of your information as described there.

13. Third-Party Services

The Service integrates with third-party services, including Stripe (payments and payouts), Shippo (shipping labels), and others. Your use of those services may be subject to their own terms and privacy policies. MarkitMix is not responsible for third-party services and does not guarantee their availability, security, or performance.

14. Suspension and Termination

You may close your account at any time through your account settings or by contacting info@markitmix.shop. We may suspend, restrict, or terminate your account or access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, applicable law, or the rights of others; if your account creates risk or possible legal exposure for us; or for any other reason in our sole discretion.

Upon termination: (a) your right to access the Service ends; (b) outstanding obligations (including unpaid fees, pending shipments, and refund obligations) survive; (c) we may retain or disburse funds in your seller balance consistent with our policies and applicable law; and (d) the provisions of these Terms that by their nature should survive (including Sections 5.6, 6, 8, 9, 13–21) will survive.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARKITMIX DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, MARKITMIX DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) ANY ITEM LISTED OR SOLD BY A SELLER IS AUTHENTIC, ACCURATELY DESCRIBED, OF ANY PARTICULAR QUALITY, OR FIT FOR ANY PURPOSE; OR (E) ANY USER WILL PERFORM AS PROMISED.

YOUR DEALINGS WITH OTHER USERS ARE SOLELY BETWEEN YOU AND THEM. MARKITMIX HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE QUALITY, SAFETY, LEGALITY, AUTHENTICITY, OR ACCURACY OF ITEMS LISTED, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS, THE ABILITY OF BUYERS TO PAY, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MARKITMIX OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF MARKITMIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARKITMIX'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO MARKITMIX IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

The limitations in this Section 16 do not apply to liability that cannot be limited under applicable law (for example, gross negligence, willful misconduct, or fraud).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. Indemnification

You agree to indemnify, defend, and hold harmless MarkitMix and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms or applicable law; (d) your violation of any third-party right (including intellectual property, privacy, or publicity rights); (e) any item you list, sell, or buy through the Service; or (f) any dispute between you and another user.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

18. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MARKITMIX ON AN INDIVIDUAL BASIS AND LIMITS THE WAYS YOU CAN SEEK RELIEF FROM US.

18.1 Informal Resolution

Before filing a claim against MarkitMix, you agree to try to resolve the dispute informally by sending a written notice to info@markitmix.shop describing the dispute and the relief sought. We will attempt to resolve the dispute through good-faith negotiation within sixty (60) days of receipt. If the dispute is not resolved within that period, either party may proceed to arbitration.

18.2 Binding Arbitration

Except as provided below, you and MarkitMix agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration will be conducted in the English language. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

18.3 Class Action Waiver

YOU AND MARKITMIX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

18.4 Exceptions

Notwithstanding the foregoing: (a) either party may bring an individual claim in small claims court if it qualifies; (b) either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights; and (c) disputes regarding the validity or enforceability of the class action waiver in Section 18.3 will be decided by a court, not an arbitrator.

18.5 Right to Opt Out

You may opt out of this arbitration agreement by sending written notice to info@markitmix.shop within thirty (30) days of first accepting these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

18.6 Severability of This Section

If any portion of this Section 18 (other than the class action waiver in Section 18.3) is found unenforceable, the remainder will continue to apply. If the class action waiver is found unenforceable as to a particular claim, that claim must be brought in court rather than in arbitration.

19. Governing Law and Venue

These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, and (to the extent applicable) the Federal Arbitration Act. Subject to Section 18, the exclusive venue for any action not subject to arbitration is the state and federal courts located in New Castle County, Delaware, and you consent to personal jurisdiction in those courts.

20. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email (to the address associated with your account), through the Service, or by other reasonable means at least thirty (30) days before the changes take effect, except that changes addressing new features, legal requirements, or security issues may take effect immediately. The "Last Updated" date at the top reflects the most recent changes.

If you do not agree to the updated Terms, you must stop using the Service and may close your account before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

21. General

  • Entire Agreement. These Terms (together with the documents they reference) constitute the entire agreement between you and MarkitMix regarding the Service and supersede any prior agreements.
  • Severability. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.
  • No Waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
  • Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.
  • No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.
  • Force Majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, government action, labor disputes, internet or utility failures, or pandemics.
  • Notices to You. We may give notice through the Service or by emailing the address associated with your account. Notices are deemed received when sent.
  • Notices to Us. Notices to MarkitMix must be sent to info@markitmix.shop.
  • Headings. Section headings are for convenience only and do not affect interpretation.
  • Relationship. No agency, partnership, joint venture, or employment relationship is created by these Terms.
  • Export and Sanctions. You represent that you are not located in, or a national of, any country subject to U.S. embargoes, and that you are not on any U.S. government restricted-party list.
  • Electronic Communications. You consent to receive communications from us electronically (including emails and notices posted in the Service) and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.

22. Contact

Questions about these Terms? Contact us at info@markitmix.shop.