Seller Agreement

1. Parties and Scope

This Seller Agreement ("Agreement") is a legally binding contract entered into between PitchNow Live, LLC ("Platform," "we," "us," or "our") and the individual or entity registering as a seller on the Platform ("Seller," "you," or "your"). This Agreement governs your use of the Platform as a seller, including but not limited to product listings, livestream commerce activities, order fulfillment, payment processing, and participation in any optional programs such as Investor Mode.

By completing the seller onboarding process and accepting this Agreement, you represent that you have the legal authority to enter into this Agreement and that you will comply with all of its terms and conditions, as well as all applicable laws and regulations.

This Agreement incorporates by reference the PitchNow Live Terms of Service, Privacy Policy, Community Code of Conduct, and Seller Handbook, all of which are available on the Platform and may be updated from time to time.

2. Seller Eligibility

To register as a seller on PitchNow Live, you must meet all of the following requirements:

• You must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater.
• You must be based in the United States with a valid US business address and a US bank account to receive payouts via Stripe Connect. International sellers are not currently supported.
• You must be the original creator, designer, or maker of the products you list for sale on the Platform. All products must meet the Maker Standard as defined in the Seller Handbook.
• Resold goods, mass-manufactured items, dropshipped products, and white-labeled goods are strictly prohibited.
• You must provide accurate and complete information during the onboarding process, including legal name, contact information, and tax identification where required.
• You must maintain an active Stripe Connect account in good standing for the duration of your seller activity on the Platform.

PitchNow Live reserves the right to verify your eligibility at any time and to request additional documentation to confirm compliance with these requirements.

3. Fee Structure

PitchNow Live charges the following fees in connection with your use of the Platform:

Transaction Fees

• A 15% transaction fee is deducted from each sale, calculated on the total sale price including shipping charges paid by the buyer.

Pro Seller Subscription

Pro Seller plans coming soon — standard transaction fee of 15% applies to all sellers at launch.

Listing Fees

There are no fees to list products on PitchNow Live. All product listings are free.

Payment Processing Fees

All payments are processed through Stripe. A payment processing fee of 2.9% plus $0.30 per transaction is deducted by Stripe from each sale. This fee is separate from and in addition to the PitchNow Live transaction fee.

Boost Credits

Sellers may purchase Boost Credit packages to promote their listings and streams. Boost Credit packages are available in denominations ranging from $5 to $50. Boost Credits are non-refundable and expire 90 days after purchase if unused.

Investor Mode Pitch Stream Boost

Sellers who have enabled Investor Mode may purchase a Pitch Stream Boost for $99 per stream. This boost provides enhanced visibility of the seller's livestream to verified investors on the Platform. The Pitch Stream Boost fee is non-refundable once the boosted stream has commenced.

4. Payout Terms

Payout Schedule

Seller payouts are processed on a 7-day rolling basis. Funds from completed and confirmed sales become eligible for payout seven (7) calendar days after the order is marked as delivered or the buyer's return window has closed, whichever is later.

Payout Method

Stripe Connect is the exclusive payout method for all seller earnings on PitchNow Live. You must maintain a valid and active Stripe Connect account to receive payouts. PitchNow Live does not offer alternative payout methods including but not limited to direct bank transfers, checks, or PayPal.

Payout Currency

All payouts are denominated and disbursed in United States Dollars (USD). Currency conversion fees, if applicable, are the responsibility of the seller and are determined by Stripe and your financial institution.

Tax Responsibility

You are solely responsible for determining, collecting, reporting, and remitting all applicable taxes, including but not limited to income tax, sales tax, value-added tax, and any other taxes or duties arising from your sales on the Platform. PitchNow Live does not collect or remit taxes on your behalf. You agree to indemnify and hold PitchNow Live harmless from any claims, penalties, or liabilities arising from your failure to comply with applicable tax obligations. Where required by law, PitchNow Live may issue tax reporting documents such as IRS Form 1099-K.

5. Listing Policies

All product listings on PitchNow Live must comply with the following requirements:

• Products must be handmade, hand-assembled, or hand-designed by the seller. Products must meet the Maker Standard as defined in the Seller Handbook.
• Listings must include accurate, detailed descriptions of the product including materials used, dimensions, care instructions where applicable, and any relevant safety information.
• Product images must be clear, well-lit photographs that accurately represent the item. Stock photos, AI-generated images, and misleading photography are prohibited.
• Pricing must be transparent and inclusive of all costs except shipping and applicable taxes. Hidden fees or surcharges are not permitted.
• Sellers must assign each listing to the most appropriate product category. Miscategorization intended to gain unfair visibility is a violation of this Agreement.
• Listings for prohibited items including but not limited to weapons, controlled substances, counterfeit goods, hazardous materials, and items that violate intellectual property rights will be removed immediately and may result in account suspension.

PitchNow Live reserves the right to review, edit, or remove any listing that violates these policies or that we determine, in our sole discretion, is inappropriate for the Platform.

6. Livestream Commerce

PitchNow Live's livestream commerce feature allows sellers to showcase and sell their products in real time. By using the livestream feature, you agree to the following:

• All livestream content must comply with the Community Code of Conduct. Abusive, discriminatory, misleading, or inappropriate content is prohibited and may result in immediate stream termination and account suspension.
• Products featured during a livestream must be accurately represented. Claims made about product quality, materials, origin, or performance during a stream must be truthful and verifiable.
• Sellers are responsible for managing viewer interactions during their streams in a professional and respectful manner.
• Stream replays may be retained on the Platform and made available to buyers and, if Investor Mode is enabled, to verified investors. You grant PitchNow Live a non-exclusive license to host, display, and distribute your stream content on the Platform.
• Scheduled streams that are not started within 15 minutes of their scheduled time may be automatically cancelled and removed from the Platform's schedule.
• PitchNow Live reserves the right to terminate any active livestream that violates this Agreement or the Community Code of Conduct without prior notice.

7. Order Fulfillment

Fulfillment Timeline

All orders must be shipped within seven (7) calendar days of the order being placed. Failure to ship within this timeframe may result in automatic order cancellation, buyer refund, and a fulfillment violation being recorded against your seller account.

Tracking Requirements

Sellers must enter a valid tracking number into the Platform within twenty-four (24) hours of shipping an order. The tracking number must be from a recognized carrier and must be functional and trackable by the buyer. Orders without tracking information may not be eligible for seller protection in the event of a dispute.

Packaging Standards

Products must be packaged securely and appropriately for the item being shipped. Sellers are responsible for ensuring that items arrive in the condition described in the listing. Damage resulting from inadequate packaging is the seller's responsibility.

Dispute Response

In the event a buyer opens a dispute regarding an order, the seller must respond within forty-eight (48) hours with relevant information including proof of shipment, tracking details, and any communication with the buyer. Failure to respond within the 48-hour window may result in the dispute being resolved in favor of the buyer.

Returns and Refunds

Sellers must clearly state their return policy in each listing. If no return policy is specified, the Platform's default return policy applies, which allows buyers to request a return within 14 days of delivery for items that are not as described. Sellers are responsible for refund processing through the Platform within 5 business days of receiving a returned item.

8. Intellectual Property

You retain full ownership of all intellectual property rights in the products you create and the original content you upload to the Platform, including product images, descriptions, and livestream content.

By listing products and creating content on PitchNow Live, you grant the Platform a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute your content solely for the purpose of operating, promoting, and improving the Platform. This license continues for as long as your content remains on the Platform and for a reasonable period thereafter to allow for archival purposes.

You represent and warrant that all content you upload to the Platform is original, that you have the right to use and license it, and that it does not infringe upon the intellectual property rights of any third party. If PitchNow Live receives a valid intellectual property infringement claim regarding your content, we may remove the content immediately and without prior notice. Repeated infringement claims may result in account termination.

PitchNow Live respects intellectual property rights and will respond to valid notices of alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.

9. Account Suspension and Termination

Suspension

PitchNow Live may suspend your seller account, in whole or in part, at any time if we reasonably believe that you have violated this Agreement, the Terms of Service, the Community Code of Conduct, or any applicable law. During suspension, your listings will be hidden, your ability to conduct livestreams will be disabled, and payouts may be temporarily held.

Termination

PitchNow Live may terminate your seller account for repeated or severe violations of this Agreement, fraudulent activity, sustained failure to meet fulfillment standards, or any conduct that we determine, in our sole discretion, is harmful to the Platform, its users, or its reputation.

Appeal Process

If your account is suspended or terminated, you may submit a written appeal within fourteen (14) calendar days of receiving notice of the action. Appeals must be submitted via the Platform's support system and must include a detailed explanation of the circumstances and any corrective actions taken. PitchNow Live will review appeals within 10 business days and notify you of the outcome. The decision on appeal is final.

Payout Hold on Termination

Upon termination of your seller account, any outstanding payouts will be held for a period of ninety (90) calendar days to allow for the resolution of any pending disputes, chargebacks, or refund requests. After the 90-day hold period, remaining funds, less any amounts owed to PitchNow Live or to buyers, will be disbursed to your Stripe Connect account.

Prohibition on New Accounts

Sellers whose accounts have been terminated for cause are permanently prohibited from creating new seller accounts on PitchNow Live. Attempts to circumvent this prohibition, including the use of alternate identities or third-party accounts, will result in immediate termination of the new account and may be reported to relevant authorities.

10. Limitation of Liability

To the maximum extent permitted by applicable law, PitchNow Live's total aggregate liability to you for any and all claims arising out of or relating to this Agreement or your use of the Platform shall not exceed the total amount of fees paid by you to PitchNow Live during the ninety (90) calendar days immediately preceding the event giving rise to the claim.

In no event shall PitchNow Live be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunities, or reputational harm, regardless of the theory of liability and even if PitchNow Live has been advised of the possibility of such damages.

PitchNow Live is not liable for the actions, omissions, products, or content of any seller, buyer, investor, or third party on the Platform. Transactions between sellers and buyers are solely between those parties, and PitchNow Live acts only as a marketplace facilitator.

Class Action Waiver

You agree that any dispute arising out of or relating to this Agreement or your use of the Platform shall be resolved on an individual basis only. You waive any right to participate in a class action, collective action, or representative proceeding against PitchNow Live. This class action waiver applies to the fullest extent permitted by law.

11. Investor Mode Terms

PitchNow Live offers an optional Investor Mode feature that allows sellers to make their shop profiles, stream replays, and performance metrics visible to verified investors on the Platform.

Opt-In and Opt-Out

Investor Mode is entirely optional. You may enable or disable Investor Mode at any time through your Seller Dashboard settings. When Investor Mode is enabled, your shop will display an "Open to Investment" badge visible to all Platform users, and your performance data will be accessible to verified investors.

Data Shared with Investors

When Investor Mode is enabled, verified investors may view your shop profile, product catalog, stream history and replay content, aggregate stream viewership data, follower count, and general sales performance indicators. PitchNow Live does not share your personal contact information, financial account details, or exact revenue figures with investors without your explicit consent.

Investor Communications

Verified investors may express interest in your brand through the Platform's messaging system. You are under no obligation to respond to or engage with any investor inquiry. PitchNow Live does not facilitate, negotiate, or participate in any investment transactions between sellers and investors.

Disclaimer

PitchNow Live does not provide investment advice, does not endorse or recommend any seller as an investment opportunity, and makes no representations or warranties regarding the financial performance, viability, or investment potential of any seller or their business. All investment decisions are made solely between the investor and the seller at their own risk.

Returns and Refunds

As a seller on PitchNow Live you agree to the following minimum return policy standards:

• You will accept returns within 14 days of delivery for any item that is damaged, defective, or significantly not as described.
• You are responsible for return shipping costs on damaged, defective, or not-as-described items.
• Buyers are responsible for return shipping costs on change-of-mind returns.
• Custom and personalized orders may be designated as final sale, except in cases of damage, defect, or significant misrepresentation.
• If a dispute is escalated to PitchNow Live and resolved in the buyer's favor, any platform transaction fees collected on that order will be reversed.

12. Modifications

PitchNow Live reserves the right to modify, amend, or replace this Agreement at any time. When we make material changes to this Agreement, we will notify you by email at the address associated with your seller account and by posting a notice on the Platform at least thirty (30) calendar days before the changes take effect.

Your continued use of the Platform as a seller after the effective date of any modifications constitutes your acceptance of the updated Agreement. If you do not agree with the modified terms, you must discontinue your use of the Platform as a seller before the changes take effect. Discontinuation does not relieve you of obligations incurred under the prior version of this Agreement, including outstanding orders and pending payouts.

13. Governing Law and Dispute Resolution

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

Arbitration

Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, and the seat of arbitration shall be Wilmington, Delaware. The language of the arbitration shall be English.

The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees in connection with the arbitration, unless the arbitrator determines that circumstances warrant a different allocation.

Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

14. General Provisions

Entire Agreement

This Agreement, together with the Terms of Service, Privacy Policy, Community Code of Conduct, and Seller Handbook, constitutes the entire agreement between you and PitchNow Live with respect to your use of the Platform as a seller and supersedes all prior agreements, understandings, and communications, whether written or oral.

Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Waiver

The failure of PitchNow Live to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer this Agreement or any of your rights or obligations hereunder without the prior written consent of PitchNow Live. PitchNow Live may assign this Agreement without restriction.

Independent Contractors

Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship between you and PitchNow Live. You are an independent contractor and are solely responsible for your own business operations, taxes, and compliance with applicable laws.

15. Contact

For questions, concerns, or notices regarding this Seller Agreement, please contact us at:

We aim to respond to all seller inquiries within two (2) business days.