Marketplace Terms

1. Introduction

These Marketplace Terms ("Marketplace Terms") govern all transactions conducted through the Mindhyv Marketplace, including the listing, purchase, and fulfillment of products, services, and digital goods. They apply to all registered users who participate in the Marketplace as buyers, sellers, or both, and are incorporated by reference into our Terms of Service.

Platform Role. Mindhyv, LLC ("Mindhyv," "we," "us," or "our") operates solely as a marketplace facilitator. We are not a merchant of record, retailer, or reseller of any goods or services listed on the platform. We are not a party to the contract of sale between Seller and Buyer. All transactions are directly between the Seller and the Buyer; Mindhyv's role is limited to providing the infrastructure, payment facilitation, and dispute support that make those transactions possible.

2. Seller Obligations

By listing any product or service on the Mindhyv Marketplace, you represent and warrant that you will comply with all of the following obligations at all times:

Accurate Listings

All listings must accurately and completely describe the item or service being offered, including its condition, specifications, pricing, and any material limitations. Sellers may not use misleading titles, descriptions, images, or pricing to attract buyers.

Legal Compliance

Sellers are solely responsible for ensuring that their listings, products, and fulfillment practices comply with all applicable local, state, national, and international laws and regulations, including those governing product safety, consumer protection, import and export controls, and tax collection and remittance. Mindhyv does not provide legal advice and is not responsible for a Seller's failure to comply with applicable law.

Prompt Fulfillment

Sellers must fulfill confirmed orders within the timeframe stated in their listing or, where no timeframe is stated, within a commercially reasonable period. Sellers must promptly notify buyers of any delays and provide tracking information or delivery confirmation where applicable.

Stripe Connect Account

To receive payouts, all Sellers must maintain a valid and active Stripe Connect account in good standing. By onboarding as a Seller, you agree to Stripe's Connected Account Agreement and authorize Mindhyv to instruct Stripe to disburse funds on your behalf in accordance with these Marketplace Terms. Mindhyv is not responsible for any failure, delay, or error attributable to Stripe's platform.

Content Guideline Compliance

All listings and associated content must comply with our Community Guidelines and Acceptable Use Policy. This includes, but is not limited to, restrictions on prohibited imagery, misleading claims, and content that violates the rights of third parties.

3. Buyer Protections

Product-as-Described Guarantee

Buyers are entitled to receive the product or service substantially as described in the listing at the time of purchase. If a received item materially differs from its listed description — including differences in condition, specifications, or functionality — buyers may be eligible for a refund or replacement under our dispute process.

Dispute Escalation Process

When an issue arises with a transaction, buyers must follow the two-step escalation process below:

1. Direct Seller Contact: Buyers must first attempt to resolve the issue directly with the Seller through the platform's messaging system. Sellers are expected to respond and offer a resolution in good faith.
2. Platform Intervention: If the dispute remains unresolved after good-faith contact with the Seller, the buyer may escalate to Mindhyv. Platform review will commence within 5 business days of escalation. Mindhyv will review the evidence submitted by both parties and issue a binding determination regarding refunds or other remedies.

4. Payment Processing

Stripe Connect

All Marketplace payments are processed through Stripe Connect. By transacting on the Marketplace, you agree to be bound by Stripe's applicable terms of service. Mindhyv acts as the platform operator and is responsible for directing payment flows but does not itself hold, store, or transmit payment card data.

Platform Fee Structure

Mindhyv charges a platform fee on each completed transaction. This fee is deducted from the Seller's payout before disbursement and covers marketplace infrastructure, payment processing support, and dispute facilitation. The current fee schedule is displayed in your Seller dashboard and may be updated from time to time in accordance with Section 9 (Changes to These Terms).

Standard Payout Timeline

For established Sellers in good standing, payouts are typically initiated on a rolling basis following order completion and any applicable holding period, as displayed in your Seller dashboard. Actual deposit timing depends on your bank and Stripe's processing schedule.

Extended Holds for New Sellers

New Seller accounts may be subject to extended payout holds during an initial review period. This allows Mindhyv to assess transaction patterns, verify account legitimacy, and mitigate fraud risk. New Sellers will be notified of any applicable hold periods during onboarding and in their Seller dashboard. Mindhyv reserves the right to extend holds further if fraud indicators or unusual activity are detected.

5. Prohibited Items

The following categories of items and services are strictly prohibited from being listed, offered, or sold on the Mindhyv Marketplace. This list is illustrative, not exhaustive:

• Counterfeit goods: items that bear a trademark, logo, or branding without authorization from the trademark owner, or that are designed to deceive consumers into believing they are genuine branded products.
• Illegal items: any product or service whose sale, distribution, or possession is prohibited under applicable law in the Seller's or Buyer's jurisdiction.
• Controlled substances: prescription drugs, narcotics, or any substance regulated under controlled substance laws, regardless of jurisdiction.
• Weapons: firearms, ammunition, explosive devices, and other weapons, as well as components, conversion kits, or instructions that could be used to manufacture or modify weapons to bypass legal safeguards.
• Stolen property: items that have been reported stolen or that the Seller does not have lawful authority to sell.
• Adult content: sexually explicit material, services, or goods, unless the Seller has received explicit written authorization from Mindhyv under a separate adult content agreement.
• Misleading schemes: get-rich-quick programs, pyramid schemes, multi-level marketing enrollment, or any offering that primarily profits from recruitment rather than the sale of a genuine product or service.

Mindhyv reserves the right to remove any listing it determines, at its sole discretion, to be prohibited, harmful, or inconsistent with the spirit of these terms, even if not explicitly listed above.

6. Dispute Resolution

Mindhyv encourages all disputes to be resolved directly between Sellers and Buyers whenever possible. The following process governs dispute resolution on the platform:

Step 1 — Direct Resolution

Buyers and Sellers are expected to attempt to resolve transaction disputes directly and in good faith using the platform's messaging tools before escalating to Mindhyv. Both parties should clearly communicate the nature of the dispute and their proposed resolution.

Step 2 — Company Escalation

If a dispute cannot be resolved directly, either party may escalate to Mindhyv by submitting a dispute request through the platform or by contacting [email protected]. Mindhyv will acknowledge the escalation and begin review within 5 business days.

Binding Determinations

Upon completing its review, Mindhyv will issue a final, binding determination regarding refunds, replacements, or other remedies. Both parties agree to accept and cooperate with this determination. Mindhyv's decision is made in its sole discretion based on the evidence submitted, platform records, and applicable policies. Mindhyv is not an arbitral body and its determinations do not constitute legal arbitration under any applicable law.

7. Account Termination

Mindhyv may suspend or permanently terminate a Seller's Marketplace access, with or without prior notice, for any of the following reasons:

• Policy violations: breaches of these Marketplace Terms, the Acceptable Use Policy, Community Guidelines, or any other applicable Mindhyv policy.
• Multiple complaints: a pattern of buyer complaints indicating poor product quality, non-fulfillment, or fraudulent practices.
• Fraud: any attempt to deceive buyers, manipulate the platform, circumvent fees, or engage in any other fraudulent conduct.
• Excessive chargebacks: a chargeback rate that exceeds thresholds set by Mindhyv or Stripe and that poses a financial or reputational risk to the platform.
• Discretionary termination: Mindhyv reserves the right to terminate any Seller account at its sole discretion, for any reason, at any time, with or without cause.

Upon termination, pending payouts may be held, delayed, or forfeited depending on the nature of the violation and any outstanding disputes, chargebacks, or legal obligations. Mindhyv will cooperate with law enforcement investigations as required.

8. Limitation of Liability

Disclaimer for Seller Products. Mindhyv expressly disclaims all liability for the products, services, and content offered by Sellers on the Marketplace. We do not inspect, endorse, guarantee, or warrant the quality, safety, legality, or accuracy of any Seller listing or the Seller's ability to fulfill orders. Any reliance on Seller listings is at the Buyer's own risk.

Liability Cap. To the maximum extent permitted by applicable law, Mindhyv's total aggregate liability to any party arising out of or related to these Marketplace Terms or any transaction conducted through the Marketplace shall not exceed the greater of: (a) the total platform fees paid by the claiming party to Mindhyv in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).

In no event shall Mindhyv be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, arising out of any Marketplace transaction, even if Mindhyv has been advised of the possibility of such damages.

9. Changes to These Terms

We may update these Marketplace Terms from time to time to reflect changes in our platform features, payment structure, applicable law, or business practices. When we make material changes, we will provide notice via email to the address associated with your account and by posting an updated version with a revised effective date on this page.

Your continued use of the Mindhyv Marketplace after the effective date of any updated Marketplace Terms constitutes your acceptance of the changes. If you do not agree to the updated terms, you must stop using the Marketplace and, if applicable, deactivate your Seller account before the effective date.

10. Contact Us

If you have questions about these Marketplace Terms, a transaction dispute, or your Seller account, please reach out to us:

• Email: [email protected]
• Mindhyv, LLC
• 2020 Fieldstone Pkwy Ste 900-77
• Franklin, TN 37069, USA