SELL ON ETSY APP & READER TERMS OF USE The Sell on Etsy mobile application (the “App”) and Sell on Etsy Reader (the “Reader”) enable users to manage their Etsy shops, make sales and accept credit and debit card payments in person from their smartphones and tablets. By using the App or the Reader, you agree to comply with and be bound by these Sell on Etsy App & Reader Terms of Use (the “Terms”), in addition to Etsy’s Seller Guidelines, Fees Policy, Terms of Use and Privacy Policy. This is a binding agreement between you and Etsy, Inc. and its subsidiaries (collectively, “Etsy”). Etsy reserves the right to modify the Terms, so please review the Terms periodically. 1. ELIGIBILITY To be eligible to use the App or the Reader, you must have an active shop on www.etsy.com (an “Etsy Shop”) as a seller (a “Seller”) and be registered to use Etsy’s Direct Checkout payment processing service (“Direct Checkout”) in the United States. All credit and debit card payments made through the App and the Reader are processed through Direct Checkout and by using the App or the Reader, you also agree to the Direct Checkout Terms of Use. You can download the App here. You can obtain the Reader by submitting a request here or through the App. Etsy reserves the right to limit quantities and to deny anyone access to the Reader. The App and the Reader may only be used in the United States. The Reader will only function with the App and a compatible mobile device. Etsy does not warrant that the App or the Reader will be compatible with your mobile device. Your use of the App or the Reader may be subject to the terms of your agreements with your mobile device manufacturer and your mobile service provider. You agree that Etsy is not liable for your breach of any third party agreement or applicable law in connection with your use of the App or the Reader. 2. USING THE SELL ON ETSY APP The Sell on Etsy App provides Sellers with access to numerous seller tools, including the ability to manage orders, respond to messages from buyers and create listings for sale. You can also use the App to make sales in person, either from your Etsy Shop inventory or through a “Quick Sale” for items not included in your Etsy Shop inventory. Quick Sales are not subject to listing fees because they will not appear for sale in your Etsy Shop. All items that you list for sale must comply with your local laws and Etsy’s Seller Guidelines (be handmade, vintage or craft supplies). All sales that you make through the App or the Reader will be displayed in your Etsy Shop’s Sold Items page and will be reflected in the total number of sales displayed on your Etsy Shop info. 3. ACCEPTING IN-PERSON PAYMENTS The App and the Reader accept valid Visa, MasterCard, American Express and Discover branded credit and debit cards (“Cards”) for in-person payments. To make an in-person sale using a Card, you can swipe a buyer’s Card through the Reader (a “Swiped Transaction”) or manually enter a buyer’s Card number, expiration date and security code on the App (a “Keyed Transaction”). Once a Card is authorized and charged, a payment processing fee is deducted from the total amount charged (including any tax) (the “Sale Amount”) and the remaining funds are credited to your Shop Payment Account. Those funds are subsequently deposited into your designated bank account in accordance with the Direct Checkout Terms of Use. Sales involving manual entry of a Card number incur a higher credit card processing fee from Etsy’s third-party Card processor. You may not record or store buyers’ Card numbers, and you may not take Card numbers over the telephone or by any other means in which the Card is not present to make sales through the App. You can record cash sales through the App by choosing the “Cash” option. Sales made with cash are not subject to a credit card processing fee because the transactions are not processed through Direct Checkout. 4. SECURITY For security reasons, you must obtain a buyer’s signature on the App to complete all in-person sales using a Card on the App or the Reader. You are also responsible for inspecting a buyer’s photo ID and the signature on the back of a buyer’s Card to verify that the buyer is authorized to use the Card. If you suspect that a buyer is making a fraudulent purchase, decline the sale and contact your local authorities. After completing an in-person sale, you must present the buyer with the option of receiving an electronic receipt for the transaction through the App. 5. FEES You agree to pay the following payment processing fees for processing in-person Card payments through the App or the Reader (the “In-Person Payment Processing Fee”): Swiped Transaction: 2.75% of Sale Amount for Card payments involving a swiped card Keyed Transaction: 3% of Sale Amount + $0.25 For Card payments involving manual entry The In-Person Payment Processing Fee will be assessed on the total amount charged to the Card, including the cost of the item sold and any applicable tax. The In-Person Payment Processing Fee will be deducted from the total amount charged at the time the payment is processed and will be reflected in your Shop Payment Account. In-person sales are not subject to Etsy’s standard 3.5% marketplace transaction fee. You can find more information on Etsy’s fees in the Fees Policy. 6. LIMITATION OF LIABILITY In-person sales are not eligible for Etsy’s Seller Protection Program. If you agree to ship an item purchased in person, you do so at your own risk. Buyers are not eligible to open a case on Etsy for any in-person sales. Buyers are not able to leave reviews for Quick Sales made through the App. If an in-person Card transaction made through the App or the Reader (a) is disputed, (b) is reversed for any reason by any third-party service provider, including Etsy’s Card processor, or a buyer, or (c) was unauthorized, fraudulent, unlawful, or violated any of Etsy’s terms or policies, the amount of the transaction may be reversed or charged back to your Shop Payment Account (a “Chargeback”). In the event of a Chargeback, you agree to allow Etsy to recover any amounts due to Etsy resulting from the Chargeback, including any associated fees assessed by Card networks or Etsy’s Card processor, in accordance with the Direct Checkout Terms of Use. If you are reasonably suspected or found to be engaging in any fraudulent transactions or unlawful activity using the App or the Reader, you also agree that Etsy may decline your transactions, place a hold on your funds, suspend or terminate your accounts with Etsy, and share your information with law enforcement. The App and the Reader are provided on an “as is” basis. Use of the App and the Reader are at your own risk. To the extent permitted by law, the App and the Reader are provided without warranties of any kind. To the extent permitted by law, in no event shall Etsy be liable for any damages for the loss of revenues, profits, goodwill or data resulting from the use of, unauthorized use of, or inability to use, the App or the Reader. If the Terms conflict with any other terms, the Terms will control for all issues related to the App and the Reader. 7. REGULATORY COMPLIANCE The Reader complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation. The Reader has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. The Reader generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. 8. LIMITED LICENSE Etsy grants you a non-exclusive, non-transferable, non-sublicensable, license to use the App and the Reader in accordance with the Terms. Your use of the foregoing is subject to all applicable restrictions contained in our Terms of Use. Without limiting any of those terms, you may not (a) modify, decompile or reverse engineer any software or hardware related to the App or the Reader; (b) remove or alter any product identification, trademark, copyright or other notices related to the App or the Reader; (c) use or allow the use of the App or the Reader by or for the benefit of third parties, including by renting, leasing or lending the App or the Reader; or (d) reproduce, sell or distribute the App or the Reader without Etsy’s permission.
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