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Terms of Use

Last Updated: May 28, 2026

IMPORTANT — PLEASE READ CAREFULLY. These Terms of Use contain a binding arbitration clause and a class action waiver in Section 19, which affect your legal rights. You may opt out of the arbitration provision within 30 days of first accepting these Terms by following the process described in Section 19.

Table of Contents

  1. Agreement to Terms
  2. Eligibility
  3. Definitions
  4. Intellectual Property Rights
  5. User Representations
  6. User Registration and Account Security
  7. Marketplace Offerings
  8. Gems, Purchases, and Payment
  9. Refunds and Chargebacks
  10. Creator Terms
  11. Prohibited Activities
  12. User Generated Contributions
  13. Contribution License
  14. Submissions
  15. Third-Party Websites and Content
  16. Site Management
  17. Privacy Policy
  18. Digital Millennium Copyright Act (DMCA) Notice and Policy
  19. Dispute Resolution; Arbitration; Class Action Waiver
  20. Term and Termination
  21. Modifications to These Terms
  22. Service Modifications and Interruptions
  23. Governing Law
  24. Disclaimer
  25. Limitation of Liability
  26. Indemnification
  27. Force Majeure
  28. Sanctions and Export Compliance
  29. User Data
  30. Electronic Communications, Transactions, and Signatures
  31. California Users and Residents
  32. Miscellaneous
  33. Contact Us

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "User"), and Seconds Inc., doing business as Seconds ("Seconds," "we," "us," or "our"), concerning your access to and use of the website located at https://seconds.me, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site" or "Seconds").

We are incorporated in Delaware, United States, with our registered office at 251 Little Falls Drive, Wilmington, DE 19808.

Seconds operates an online marketplace that connects users seeking digital communication services with independent third-party creators ("Creators") who may offer such services (the "Marketplace Offerings").

By accessing or using the Site or the Marketplace Offerings, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Site and the Marketplace Offerings, and you must discontinue use immediately.

2. Eligibility

The Site and the Marketplace Offerings are intended solely for users who are at least eighteen (18) years of age. By using the Site, you represent and warrant that you are at least 18 years old, that you have the legal capacity to enter into these Terms, and that your use of the Site will not violate any applicable law or regulation. Persons under the age of 18 are strictly prohibited from accessing, registering for, or using the Site or the Marketplace Offerings in any capacity, whether as a User or a Creator.

3. Definitions

For the purposes of these Terms:

  • "Creator" means an independent third party who has registered on Seconds to offer digital communication services to Users.
  • "Gems" has the meaning set forth in Section 8.
  • "Interaction" means any video call, audio call, message, or other digital communication facilitated through the Site between a User and a Creator.
  • "User" means any person who accesses the Site, including both fans purchasing Gems and Creators offering services.
  • "Contributions" means any content, materials, or information you submit, post, transmit, or display on or through the Site.

4. Intellectual Property Rights

Unless otherwise indicated, the Site and the Marketplace Offerings, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (collectively, the "Content"), and the trademarks, service marks, and logos contained therein (the "Marks"), are our proprietary property and are owned or controlled by us or licensed to us. The Content and Marks are protected by copyright, trademark, and other intellectual property laws of the United States and other jurisdictions.

Except as expressly permitted in these Terms, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

5. User Representations

By using the Site or the Marketplace Offerings, you represent and warrant that:

  1. All registration information you submit is and will remain true, accurate, current, and complete;
  2. You will maintain the accuracy of such information and promptly update it as necessary;
  3. You have the legal capacity to enter into these Terms and you agree to comply with them;
  4. You are at least 18 years old and not a minor in any jurisdiction in which you reside;
  5. You will not access the Site or the Marketplace Offerings through automated or non-human means, including bots, scripts, or scrapers;
  6. You will not use the Site for any illegal or unauthorized purpose;
  7. Your use of the Site will not violate any applicable law or regulation;
  8. You are not a person with whom transactions are restricted under U.S. or other applicable sanctions laws (see Section 28); and
  9. You are not a registered sex offender or subject to similar classification in any jurisdiction.

6. User Registration and Account Security

You may be required to register an account in order to access certain features of the Site or to use the Marketplace Offerings. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at [email protected] of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

We reserve the right to refuse, suspend, or terminate any account at our sole discretion, including but not limited to accounts that violate these Terms, present excessive chargeback risk, or pose a security threat.

7. Marketplace Offerings

Seconds operates a marketplace that connects Users with independent Creators. Seconds does not employ Creators, does not endorse any Creator, and is not a party to any Interaction between a User and a Creator. Creators are independent third parties responsible for their own content and conduct.

We make no representation or warranty regarding the availability, response time, content quality, behavior, or reliability of any Creator. The decision to accept, decline, or respond to any request for an Interaction is at the sole discretion of the Creator. We do not guarantee that any specific Creator will be available, will respond, or will engage in any Interaction.

We reserve the right to limit, modify, or discontinue any Marketplace Offering, and to modify pricing, fees, or features at any time at our sole discretion.

8. Gems, Purchases, and Payment

8.1 What Gems Are

"Gems" are a prepaid, non-refundable, non-transferable limited license to request Interactions with Creators on the Seconds platform.

Gems are not money, currency, cryptocurrency, stored value, a financial instrument, or a security. Gems have no cash value, cannot be redeemed for cash or any monetary equivalent, cannot be transferred between users or accounts, and cannot be exchanged for goods or services outside of the Seconds platform. Gems represent only a contractual right to request Interactions on the Site, subject to these Terms.

8.2 Use of Gems

Gems may be used to request Interactions with any registered and active Creator on the Seconds platform, at the User's election. The purchase of Gems is not tied to any specific Creator at the time of purchase, and is not contingent on the availability, responsiveness, or participation of any specific Creator.

Gems are consumed at a rate displayed on the Site at the time of an Interaction, which may be measured per second, per minute, or by another unit. We reserve the right to modify pricing and consumption rates at any time, with notice posted on the Site, provided that any changes will not affect Gems already purchased.

8.3 Payment

We currently accept Visa, Mastercard, Discover, and American Express, and may add or remove accepted payment methods at our discretion. By providing a payment method, you represent and warrant that you are authorized to use the payment method and authorize us (and our payment processors) to charge your payment method for all Gems purchased.

All purchases are final upon completion of the transaction. Sales tax, value-added tax, or other applicable taxes may be added to the purchase price.

8.4 No Guarantee of Interaction

You acknowledge and agree that the purchase of Gems entitles you only to the ability to request Interactions on the platform. Seconds makes no guarantee that any specific Creator will accept, respond to, or complete any Interaction. If a Creator does not respond to a request, your Gem balance is not deducted for that request, and you may use your Gems to request an Interaction with any other Creator on the platform.

8.5 Account Termination and Gem Balance

Upon termination of your account for any reason, including for violation of these Terms, any unused Gems associated with your account may be forfeited at our sole discretion and without refund.

9. Refunds and Chargebacks

9.1 Refunds

Gems are prepaid call time, billed per second of connected call. They do not expire and may be used with any Creator. If you have not spent any Gems from a purchase, you may request a refund of that purchase to your original payment method; self-serve refund requests are available from 7 days and up to 30 days after the purchase date. Once any Gems from a purchase have been spent, or after the 30-day window, that purchase is non-refundable except where required by law. A short, declined, or unsatisfying call does not by itself entitle you to a refund — your remaining Gems stay in your balance and can be used at any time with any Creator.

9.2 Agreement Not to Dispute Charges

By purchasing Gems, you agree that you have received the full benefit of your purchase upon receipt of the Gems in your account, namely the contractual right to request Interactions on the platform. You agree not to initiate a chargeback, payment dispute, or reversal with your card issuer, bank, or payment provider for any Gem purchase, except in the case of unauthorized use of your payment method.

9.3 Right to Recover Costs and Set Off

If you initiate a chargeback or payment dispute in violation of Section 9.2, we reserve the right to:

(a) recover from you the disputed amount, plus any chargeback fees, processing costs, and reasonable attorneys' fees;
(b) deduct any such amounts from your Gem balance, pending Creator earnings (if applicable), or any other balance you maintain on the platform;
(c) suspend or terminate your account; and
(d) report the chargeback to credit bureaus, fraud prevention services, and our payment processors.

9.4 Disputes

If you have a concern about a charge, please contact us at [email protected] before initiating a chargeback. We will work in good faith to resolve any legitimate concerns.

10. Creator Terms

This Section 10 applies to Users who register as Creators on the Seconds platform. By registering as a Creator, you agree to the additional terms in this section, which are in addition to all other provisions of these Terms.

10.1 Independent Contractor Status

Creators are independent contractors and are not employees, agents, partners, or joint venturers of Seconds. Nothing in these Terms creates an employment, agency, partnership, or franchise relationship between Seconds and any Creator. Creators are solely responsible for determining when, how, and whether to provide services on the platform, and for the manner and means by which any Interaction is conducted.

10.2 Creator Eligibility

To register as a Creator, you must:

(a) be at least 18 years of age and able to provide government-issued identification verifying your age;
(b) not be a registered sex offender or subject to similar classification in any jurisdiction;
(c) not be located in or a resident of any country, region, or territory subject to comprehensive U.S. sanctions;
(d) comply with all applicable laws and regulations in connection with your activities on the platform;
(e) provide accurate tax information as required for payouts; and
(f) complete any identity verification or know-your-customer procedures we may require.

10.3 Creator Content License

By posting any content on the platform, including profile information, photographs, videos, biographical content, or promotional material (collectively, "Creator Content"), you grant Seconds a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, perform, modify, and create derivative works of the Creator Content for the purposes of operating, promoting, and improving the Site and the Marketplace Offerings. This license survives termination of your account with respect to Creator Content already published, archived, or used in promotional materials.

10.4 Payouts and Platform Fee

Seconds will pay Creators their share of revenue earned from Interactions, less the platform fee in effect at the time of the Interaction, in accordance with the payout schedule and minimum thresholds posted on the Site or in the Creator dashboard. We may modify the platform fee, payout schedule, or minimum thresholds with reasonable notice, provided that no such change will retroactively affect earnings already accrued.

Payouts are processed through a third-party payout provider. Creators are responsible for providing accurate banking and tax information. Creators are solely responsible for all taxes, including income, self-employment, and other applicable taxes, on amounts received from the platform. Seconds does not withhold taxes from Creator payouts and will issue tax forms (such as IRS Form 1099 or Form 1042-S) where required by law.

10.5 Right of Set-Off

We reserve the right to deduct from any Creator's pending earnings, payout balance, or future earnings any amounts owed by the Creator to Seconds, including but not limited to:

(a) chargeback amounts and associated fees attributable to Interactions involving that Creator;
(b) refunds issued to Users at our discretion;
(c) damages, fees, or fines arising from the Creator's violation of these Terms; and
(d) any other amounts the Creator owes us.

10.6 Creator Conduct

Creators agree to:

(a) treat Users with respect and professionalism;
(b) not engage in any prohibited activity listed in Section 11;
(c) comply with the platform's content policies for profile photographs, banners, and other static visual content displayed on the platform, including those described in our public compliance statement;
(d) not solicit or accept payment from Users outside of the Seconds platform for services that should be conducted on the platform;
(e) not arrange, advertise, or facilitate the provision of in-person services involving the exchange of money for physical contact;
(f) not record, capture, screenshot, or otherwise reproduce any portion of an Interaction without the express prior consent of all participating parties to the Interaction;
(g) not share, distribute, publish, or transmit any recording, capture, or other content derived from an Interaction outside the platform without the express prior consent of all participating parties;
(h) maintain the confidentiality of personal information shared by Users during Interactions; and
(i) comply with all applicable laws, including federal and state wiretap and recording-consent laws.

10.7 Creator Content Attestation

By registering as a Creator, you attest, represent, and warrant that:

(a) you are at least eighteen (18) years of age, and that any other person who at any time appears in any photograph, video, or other visual depiction you upload to the platform is at least eighteen (18) years of age at the time the depiction is produced;
(b) you will not upload, publish, or display any profile photograph, banner, or other static visual content on the platform that violates platform content policies described in our compliance statement, and you will promptly remove or replace any such content if requested by Seconds;
(c) you are responsible for ensuring that the visual depictions you upload do not infringe the rights of any other person, do not depict any unlawful conduct, and do not depict any person under the age of eighteen (18);
(d) you will not use the platform to arrange, advertise, or facilitate any unlawful activity, including the commercial exchange of physical contact for money;
(e) you have read and understood Seconds' record-keeping compliance statement and acknowledge that the platform's exemption posture depends on your continued compliance with the policies described above; and
(f) all information you provide during identity verification is true, current, and complete.

10.8 Acknowledgment Regarding Interactions

Creators acknowledge that Interactions take place via end-to-end encrypted peer-to-peer transmission. Seconds does not record, store, monitor, or otherwise access the content of Interactions, and Seconds' infrastructure has no technical capability to do so. Creators are solely responsible for their own conduct during Interactions, for the consent of other participating parties, and for compliance with all applicable laws.

Seconds does not monitor or regulate the content of private communications between consenting adult Users during Interactions, except to the extent such communications violate these Terms or applicable law. Use of the platform does not constitute Seconds' endorsement of any specific conduct undertaken during private Interactions.

10.9 Termination of Creator Account

We may suspend or terminate a Creator's account at our sole discretion, including for violation of these Terms, excessive chargebacks, complaints from Users, or any conduct we determine to be harmful to the platform or its users. Upon termination, pending earnings may be withheld and applied against any amounts owed under Section 10.5, and any remaining balance will be paid out in accordance with the standard payout schedule, subject to a reasonable hold period for chargeback risk.

11. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. As a User of Seconds, you agree not to:

  1. Upload, publish, or display in any profile photograph, banner, or other static visual content hosted on the platform any depiction prohibited by our content policies described in our public compliance statement;
  2. Use the Site while being a registered sex offender or subject to similar classification in any jurisdiction;
  3. Use the Site for tax evasion, money laundering, terrorist financing, or any other illegal purpose;
  4. Upload, transmit, display, or otherwise involve any person under the age of 18 in any capacity on the platform; upload or display any visual depiction of a person under the age of 18 in any context; or upload, display, or transmit any material that constitutes child sexual abuse material ("CSAM") under applicable federal or state law;
  5. Harass, abuse, threaten, defame, dox, stalk, or otherwise harm any other User, Creator, or third party;
  6. Share or distribute personal information about other Users or Creators without their consent;
  7. Record, capture, screenshot, or otherwise reproduce any portion of an Interaction without the express prior consent of all participating parties, regardless of jurisdiction;
  8. Share, distribute, publish, or transmit any recording, capture, screenshot, or other content derived from an Interaction outside the platform without the express prior consent of all participating parties;
  9. Share, distribute, or publish any intimate visual depiction of another person without that person's express consent, in violation of 15 U.S.C. § 6851 and applicable state law;
  10. Use content derived from an Interaction to misrepresent the nature, context, or circumstances of the Interaction, or to falsely imply that any party engaged in conduct they did not actually engage in;
  11. Arrange, advertise, solicit, or facilitate the in-person provision of physical contact in exchange for money or other consideration, or use the platform in any manner that promotes or facilitates prostitution or sex trafficking;
  12. Engage in or facilitate human trafficking of any kind, including labor trafficking, sex trafficking, or the coercion of any person to engage in any commercial activity against their will;
  13. Systematically retrieve, scrape, or harvest data or content from the Site without our prior written permission;
  14. Trick, defraud, or mislead us, other Users, or Creators, including any attempt to obtain sensitive account information;
  15. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict use or copying of Content;
  16. Use the Site in any manner that could disable, overburden, damage, or impair the Site;
  17. Use any automated system, including bots, scripts, scrapers, or offline readers, to access the Site;
  18. Make improper use of our support services or submit false reports of abuse or misconduct;
  19. Use the Site in violation of any applicable law or regulation;
  20. Solicit Users or Creators to engage in transactions outside of the Seconds platform;
  21. Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  22. Upload or transmit any virus, malware, or malicious code; or
  23. Engage in any activity that we determine, in our reasonable discretion, to be harmful to the platform, its users, or third parties.

11.1 Consent, Recording, and External Sharing

Seconds operates as an end-to-end encrypted peer-to-peer transmission service for video calls. Seconds does not record, store, monitor, or have access to the content of Interactions, and cannot prevent participants from recording their own participation using third-party software or hardware available to them.

Users may record their own participation in an Interaction using third-party tools only with the express prior consent of all participating parties to the Interaction, regardless of whether the User's jurisdiction is a one-party-consent or all-party-consent jurisdiction. By using the platform, all Users agree that all-party consent is required for any recording or capture of an Interaction.

Recording an Interaction without all-party consent, or sharing, distributing, or publishing any recording or capture of an Interaction without all-party consent, is strictly prohibited and may violate federal and state wiretap, eavesdropping, recording-consent, privacy, copyright, right-of-publicity, and nonconsensual intimate imagery laws. Violations may result in immediate account termination and may be reported to law enforcement.

11.2 Nonconsensual Intimate Imagery and Victim Assistance

Seconds prohibits the sharing or distribution of nonconsensual intimate imagery in connection with any Interaction. Users who believe their rights have been violated through the recording or sharing of content derived from an Interaction may report the violation by contacting [email protected].

Seconds will:

  1. investigate reported violations and terminate the accounts of confirmed violators;
  2. cooperate with law enforcement pursuant to valid legal process;
  3. assist victims of nonconsensual intimate imagery with takedown efforts where Seconds has access or relationships with platforms hosting the content;
  4. preserve relevant account records for legal proceedings; and
  5. where appropriate, refer victims to support organizations.

11.3 Anti-Trafficking Commitment

Seconds is committed to preventing the use of its services for sex trafficking, labor trafficking, or the commercial sexual exploitation of any person. Seconds maintains a zero-tolerance policy for trafficking-related activity. Users who suspect that any person is being trafficked or coerced, or that the platform is being used to advertise or arrange commercial sexual services in violation of these Terms, are encouraged to report such concerns immediately to [email protected] and, in cases of imminent harm, to law enforcement and the National Human Trafficking Hotline at 1-888-373-7888.

11.4 Platform Role and User Responsibility

Users acknowledge that Seconds operates as an interactive computer service within the meaning of 47 U.S.C. § 230(f)(2) and as a neutral transmission service for video communications between verified adult Users. Users are solely responsible for their own conduct during and after Interactions, including obtaining consent for any recording, complying with applicable wiretap and recording-consent laws in their own and any other party's jurisdiction, and respecting the rights of other parties to the Interaction.

11.5 Minor Protection and Mandatory Reporting

Seconds maintains a zero-tolerance policy with respect to the use of the platform by any person under the age of eighteen (18) and with respect to any content or activity that exploits or endangers minors. Any account suspected of being operated by, or involving, a person under the age of eighteen (18) will be terminated immediately upon discovery.

Seconds complies with its obligations under 18 U.S.C. § 2258A. Any content reported to or identified by Seconds that constitutes apparent child sexual abuse material ("CSAM") will be:

  1. preserved and reported to the CyberTipline operated by the National Center for Missing & Exploited Children ("NCMEC") as required by federal law;
  2. preserved in accordance with the data preservation requirements of 18 U.S.C. § 2258A(h);
  3. made available to law enforcement pursuant to valid legal process; and
  4. grounds for immediate account termination and a permanent ban from the platform for all Users associated with the violation.

Users who become aware of any suspected CSAM, minor on the platform, or exploitation of a minor in connection with the Services should report immediately to [email protected] and, in cases of imminent harm to a child, to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.

11.6 Law Enforcement Cooperation

Seconds cooperates with law enforcement pursuant to valid legal process, including subpoenas, court orders, search warrants, and emergency disclosure requests under 18 U.S.C. § 2702(b)(8) and (c)(4) where Seconds in good faith believes that disclosure is necessary to prevent death or serious physical injury. Seconds may preserve account records and other information in response to a valid preservation request pursuant to 18 U.S.C. § 2703(f) without notice to the account holder.

Information that Seconds may produce in response to valid legal process includes account registration information, transaction metadata, login information (including IP addresses and timestamps), reports submitted by other Users, and other non-content records. Because the content of Interactions is end-to-end encrypted and not accessible to Seconds, Seconds cannot produce audio or video of Interactions in response to any request.

12. User Generated Contributions

Seconds may invite you to chat, contribute to, or participate in blogs, message boards, online forums, comment sections, or other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast Contributions. You are solely responsible for your Contributions and any consequences of posting them.

You represent and warrant that your Contributions:

(a) are not false, inaccurate, or misleading;
(b) do not infringe any third-party intellectual property, privacy, or publicity rights;
(c) do not violate any applicable law or regulation;
(d) do not contain any viruses, malware, or harmful code; and
(e) comply with these Terms.

13. Contribution License

By submitting Contributions to any part of the Site, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, and distribute such Contributions for the purposes of operating, promoting, and improving the Site and the Marketplace Offerings. This license continues even if you stop using the Site, with respect to Contributions that have already been published or used.

You retain ownership of your Contributions, subject to the license granted in this Section.

14. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, without acknowledgment or compensation to you.

15. Third-Party Websites and Content

The Site may contain links to other websites ("Third-Party Websites") and content originating from third parties ("Third-Party Content"). We are not responsible for any Third-Party Websites or Third-Party Content, and we do not endorse, warrant, or guarantee them. Your use of Third-Party Websites is at your own risk and subject to the terms and policies of those third parties.

16. Site Management

We reserve the right, but not the obligation, to:

(a) monitor the Site for violations of these Terms;
(b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms;
(c) refuse, restrict access to, limit the availability of, or disable any User's account, Contributions, or any portion thereof;
(d) remove from the Site or otherwise disable any files and content that are excessive in size or are in any way burdensome to our systems; and
(e) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

17. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy at https://seconds.me/privacy. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms by reference.

18. Digital Millennium Copyright Act (DMCA) Notice and Policy

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please send a written notice to our Designated Copyright Agent at:

DMCA Designated Agent
Seconds Inc.
251 Little Falls Drive
Wilmington, DE 19808
United States
Email: [email protected]

Your notice must include:

  1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing, with sufficient information to locate the material on the Site;
  4. Your contact information, including address, telephone number, and email;
  5. A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

We will respond to valid DMCA notices in accordance with applicable law, and we may terminate the accounts of repeat infringers.

19. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

19.1 Informal Dispute Resolution

Before filing a claim against Seconds, you agree to attempt to resolve the dispute informally by contacting us at [email protected] with a written description of the dispute, your contact information, and the relief you are seeking. We will attempt to resolve the dispute through good-faith negotiations within sixty (60) days of receiving your notice.

19.2 Binding Arbitration

If the dispute is not resolved through informal negotiations, you and Seconds agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Marketplace Offerings, or any Interaction (collectively, "Disputes") shall be resolved exclusively through final and binding individual arbitration, except as provided in Section 19.5 below.

The arbitration will be administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (or its Comprehensive Arbitration Rules and Procedures, if the amount in controversy exceeds $250,000), as modified by these Terms. The arbitration will be conducted in English, by a single arbitrator, in Wilmington, Delaware, or, at your election, by telephone or video conference. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

19.3 Class Action Waiver

YOU AND SECONDS 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 ACTION. The arbitrator may not consolidate or join the claims of more than one person and may not preside over any form of consolidated, representative, or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

19.4 Jury Trial Waiver

YOU AND SECONDS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO A TRIAL BY JURY in any proceeding arising out of or relating to these Terms.

19.5 Exceptions to Arbitration

Notwithstanding the above, either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual property rights.

19.6 30-Day Right to Opt Out

You have the right to opt out of the arbitration provision and class action waiver in this Section 19 by sending written notice to [email protected] 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. If you opt out, all other provisions of these Terms continue to apply.

19.7 Severability

If any portion of this Section 19 is found to be invalid or unenforceable, the remaining portions will remain in full force and effect, except that if the class action waiver is found to be invalid or unenforceable as to a particular claim, that claim shall be severed from the arbitration and brought in court, while all other claims remain subject to arbitration.

20. Term and Termination

These Terms remain in full force and effect while you use the Site. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Site (including blocking certain IP addresses) to any person for any reason, including for breach of any representation, warranty, or covenant in these Terms.

We may terminate your use or participation in the Site, delete your account, and any content or information you posted, at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

21. Modifications to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice by:

(a) posting the updated Terms on the Site with an updated "Last Updated" date; and
(b) sending an email notification to the email address associated with your account at least thirty (30) days before the changes take effect, unless a shorter period is required by law or the change is necessary to comply with legal or regulatory requirements.

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

22. Service Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance.

23. Governing Law

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Subject to Section 19, the state and federal courts located in Wilmington, Delaware will have exclusive jurisdiction over any dispute that is not subject to arbitration.

24. Disclaimer

THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND THE MARKETPLACE OFFERINGS WILL BE AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
(b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE;
(c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
(d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
(e) ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE SITE BY ANY THIRD PARTY;
(f) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE; OR
(g) THE CONDUCT, AVAILABILITY, RESPONSIVENESS, OR QUALITY OF ANY CREATOR OR ANY INTERACTION.

CREATORS ARE INDEPENDENT THIRD PARTIES, AND WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CREATOR OR ANY INTERACTION.

25. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SECONDS OR ITS DIRECTORS, EMPLOYEES, OFFICERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD).

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

26. Indemnification

You agree to defend, indemnify, and hold harmless Seconds, its subsidiaries, affiliates, and all of their respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

(a) your Contributions;
(b) your use of the Site;
(c) your breach of these Terms;
(d) any breach of your representations and warranties set forth in these Terms;
(e) your violation of the rights of a third party, including intellectual property rights; or
(f) any overt harmful act toward any other User, Creator, or third party.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

27. Force Majeure

Seconds will not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, power outages, or pandemics.

28. Sanctions and Export Compliance

You represent and warrant that:

(a) you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk People's Republic, and Luhansk People's Republic regions of Ukraine);
(b) you are not identified on the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC") Specially Designated Nationals and Blocked Persons List, the U.S. Department of Commerce's Denied Persons List or Entity List, or any other U.S. or non-U.S. sanctions, denied persons, or restricted parties list; and
(c) you will not use the Site in violation of any applicable U.S. or non-U.S. export control or sanctions laws or regulations.

29. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption.

30. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, phone, SMS, and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

31. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

California residents may have additional rights under the California Consumer Privacy Act ("CCPA") and the California Privacy Rights Act ("CPRA"). Please review our Privacy Policy at https://seconds.me/privacy for information about your rights and how to exercise them.

32. Miscellaneous

These Terms and any policies or operating rules posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties to execute these Terms.

33. Contact Us

To resolve a complaint regarding the Site or the Marketplace Offerings, or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at:

Seconds Inc.
251 Little Falls Drive
Wilmington, DE 19808
United States
Email: [email protected]

For DMCA notices: [email protected]
To opt out of arbitration: [email protected]

© 2026 Seconds Inc. All rights reserved.

© 2026 SecondsFOR CREATORS
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© 2026 SecondsFOR CREATORS
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