kurbsale.com • FusionTech Industries LLC
Effective Date: March 28, 2026
These Terms of Service (these “Terms”) constitute a legally binding agreement between FusionTech Industries LLC, a South Dakota limited liability company (“Kurb,” “we,” “us,” or “our”), and you, governing your use of the Kurb platform at kurbsale.com (the “Platform”). These Terms are divided into two parts: Part A applies to individual sellers (“Sellers”) and Part B applies to visitors browsing or making offers (“Buyers”).
BY CREATING AN ACCOUNT OR ACCESSING THE PLATFORM AS A SELLER, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT CREATE AN ACCOUNT OR USE THE PLATFORM.
2.1 Eligibility: You must be at least 18 years of age and capable of forming a binding contract to create a Seller Account.
2.2 Account Creation: Seller Accounts are created and authenticated through Clerk, our third-party identity provider. You are responsible for all activity that occurs under your account.
2.3 Account Information: You agree to provide accurate, current, and complete information during registration.
2.4 One Account Per Seller: Each Seller may maintain only one active account. Creating duplicate accounts is a violation of these Terms.
3.1 License Grant: FusionTech Industries LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely to host your online Storefront.
3.2 Restrictions: You may not sublicense, reverse engineer, scrape, or interfere with the performance of the Platform.
4.1 Subscription Plans: Access requires a paid Subscription. We reserve the right to change pricing with 30 days’ notice.
4.2 Payment Processing: All payments are processed by Stripe, Inc. By subscribing, you agree to Stripe’s terms.
4.3 Billing Cycle: Subscriptions are billed monthly and auto-renew unless cancelled.
4.4 Refunds: Subscription fees are generally non-refundable.
5.1 Your Content: You retain ownership of your Content but grant us a license to host and display it to operate the Platform.
5.2 Content Standards: You warrant that your Content is accurate, non-infringing, and complies with all laws.
5.3 Prohibited Listings: You may not list illegal, stolen, counterfeit, or hazardous items.
6.1 Seller Responsibility: You are solely responsible for all transactions with Buyers. Kurb is not a party to any transaction between you and a Buyer.
6.2 Offer Management: Offers made through the Platform are non-transactional and non-binding. They are expressions of interest.
6.3 No Guarantee: We do not guarantee Buyer performance or payment.
7.1 Overview: For Buyers interacting with your Storefront, you and FusionTech are joint data controllers under GDPR Article 26.
7.2 Respective Responsibilities:
| Processing Activity | FusionTech Responsibility | Seller Responsibility |
|---|---|---|
| Collecting session identifier, consent preferences | Sole controller — infrastructure design and storage | None |
| Collecting Buyer name, email, phone, offer amount | Provides and maintains the form and database | Determines the purpose; responsible for lawful basis |
| Outbid alert emails | Operates email delivery via Resend | Triggers the circumstances (new offer) |
| Subscriber list management and outreach emails | Stores records; provides email functionality | Decides when and what to communicate |
| Seller notes about Buyers | Provides storage; no access to content | Sole controller — creates, reads, updates, deletes |
| Data subject access/erasure requests (DSARs) | Primary point of contact; coordinates response | Must cooperate within 10 business days |
| Privacy notice to Buyers | Maintains Platform Privacy Policy | Must not contradict Platform Policy |
7.3 Permitted Uses: You may use Buyer Data only for sale fulfillment and subscribed updates. You may not sell or share Buyer Data.
7.4 CCPA: You may not sell or share Buyer Data as defined under CCPA.
8.1 Platform IP: All software, designs, and trademarks are owned by FusionTech Industries LLC.
You represent that you have the right to sell your items and will handle Buyer Data in accordance with these Terms.
THE PLATFORM IS PROVIDED “AS IS.” WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE SERVICE.
OUR TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNT PAID IN THE LAST 12 MONTHS OR $100.00.
You agree to indemnify Kurb against claims arising from your use of the Platform or your Items.
We may terminate your account for breach of these Terms, including data handling violations.
These Terms are governed by the laws of the State of South Dakota. Disputes will be resolved via binding arbitration.
BY ACCESSING OR USING THE PLATFORM TO BROWSE, SUBMIT OFFERS, OR CONTACT SELLERS, YOU AGREE TO BE BOUND BY THESE TERMS.
Age Requirement: You must be at least 18 years of age. By using the Platform, you represent that you meet this requirement.
No Account Required: Buyers do not create formal accounts. Access is managed via browser session persistence.
Venue Only: The Platform is an online venue for viewing items and submitting expressions of interest. Kurb is not a party to any resulting transaction.
Non-Binding Offers: Offers submitted through the Platform are non-binding and non-transactional.
Off-Platform Transactions: Kurb does not process payments between Buyers and Sellers. All exchanges occur strictly off-platform.
No Endorsement: We do not pre-screen Sellers or Items. We do not guarantee item quality, safety, or Seller truthfulness.
You agree not to submit bad-faith offers, harass Sellers, or scrape data from the Platform. We reserve the right to block your access if you violate these Terms.
THE PLATFORM IS PROVIDED “AS IS.” Kurb is not responsible for the conduct of Sellers or the outcome of any off-platform transaction.
OUR TOTAL AGGREGATE LIABILITY TO ANY BUYER WILL NOT EXCEED $100.00.
You agree to indemnify Kurb against any claims arising from your interactions with Sellers or violation of these Terms.
These Terms are governed by the laws of the State of South Dakota. Any disputes regarding a Seller or an Item must be resolved directly with that Seller.
If you have questions about these Buyer Terms, please contact us at privacy@kurbsale.com.