Terms of Service

Welcome to Kingpin, a global marketplace for used fingerboard gear operated by Shmaplex ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Kingpin platform, including our website, mobile applications, and related services (collectively, the "Service").

By accessing or using Kingpin, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you represent and warrant that:

• You are at least 18 years old or the age of majority in your jurisdiction
• You have the legal capacity to enter into this agreement
• You will comply with all applicable laws and regulations
• All information you provide is accurate and truthful

If you are using the Service on behalf of a business or entity, you represent that you have authority to bind that entity to these Terms.

2. Account Registration & Security

2.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Not share your account with others
• Not create multiple accounts for fraudulent purposes

2.2 Account Security

You are responsible for all activities that occur under your account. We offer optional two-factor authentication (2FA) and encrypted messaging features. While we implement security measures, you acknowledge that no system is completely secure.

2.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, fraudulent activity, or any reason we deem necessary to protect the platform or other users.

3. User Conduct

You agree not to:

• Violate any laws, regulations, or third-party rights
• Post false, misleading, or fraudulent content
• Engage in price manipulation or artificial inflation
• Harass, threaten, or intimidate other users
• Sell counterfeit, stolen, or prohibited items
• Circumvent our fees or payment systems
• Use automated systems (bots, scrapers) without permission
• Interfere with the platform's operation or security
• Impersonate others or misrepresent your affiliation
• Collect user data without consent

4. Listings & Sales

4.1 Creating Listings

Sellers may create listings for used fingerboard gear. You represent and warrant that:

• You own or have the right to sell the listed items
• All descriptions, photos, and specifications are accurate
• Items are not counterfeit, stolen, or prohibited
• You will honor the price and terms stated in your listing
• You comply with all applicable laws regarding sales and shipping

4.2 Prohibited Items

You may not list:

• Counterfeit or replica products
• Stolen goods or items obtained illegally
• Items that infringe intellectual property rights
• Hazardous or dangerous materials
• Items prohibited by law in your or the buyer's jurisdiction

4.3 Listing Accuracy

Sellers must accurately describe item condition using our condition categories (New, Like New, Used, Heavily Used). Misleading descriptions may result in account suspension and liability for disputes.

4.4 Listing Expiration

Listings may expire after a certain period. You are responsible for renewing or removing expired listings.

5. Purchases & Payments

5.1 Purchase Process

When you purchase an item, you enter into a binding contract with the seller. Kingpin facilitates the transaction but is not a party to the sale.

5.2 Payment Processing

Payments are processed through Stripe. By making a purchase, you agree to Stripe's terms and conditions. We do not store your complete payment information.

5.3 Payment Hold

Funds from sales are held temporarily to protect buyers. Payments are released to sellers after:

• The buyer confirms receipt and satisfaction, or
• A predetermined hold period expires without dispute

5.4 Currency

Transactions are conducted in supported currencies: USD, CAD, MXN, EUR, GBP, CHF, DKK, SEK, NOK, PLN, CZK, RON, BGN, AUD, NZD, JPY, SGD, HKD, MYR, THB, KRW, AED, BRL. Currency conversion rates are determined by our payment processor.

5.5 Taxes

You are responsible for determining and paying any applicable taxes on your transactions. Sellers must comply with tax obligations in their jurisdiction.

6. Fees & Commissions

Kingpin charges fees for transactions conducted through the platform. Current fee structures are available in our Fees Guide.

Fee types include:

• Platform Fee: A percentage of each sale
• Payment Processing Fee: Charged by Stripe
• Currency Conversion Fee: For international transactions

Fees are deducted automatically from seller proceeds. We reserve the right to modify fees with 30 days' notice.

7. Shipping & Delivery

7.1 Seller Responsibilities

Sellers must:

• Ship items within the stated timeframe
• Use appropriate packaging to prevent damage
• Provide accurate tracking information when available
• Comply with customs and import/export regulations
• Accurately configure shipping zones and rates

7.2 Buyer Responsibilities

Buyers must:

• Provide accurate shipping addresses
• Pay any applicable customs duties or import taxes
• Confirm delivery upon receipt
• Inspect items promptly and report issues within 7 days

7.3 International Shipping

International transactions may be subject to customs fees, import duties, and longer delivery times. Buyers are responsible for these costs unless otherwise stated.

7.4 Lost or Damaged Shipments

Sellers are encouraged to use tracked shipping and purchase insurance for high-value items. Disputes regarding lost or damaged shipments are handled through our dispute resolution process.

8. Returns, Refunds & Disputes

8.1 Return Policy

Individual sellers set their own return policies. Buyers should review the seller's terms before purchasing. However, items that are significantly not as described may be eligible for return regardless of seller policy.

8.2 Refund Process

Refunds are processed through the original payment method. Refund timing depends on your payment provider.

8.3 Dispute Resolution

If an issue arises, buyers and sellers should first attempt to resolve it directly. If resolution is not reached, either party may open a formal dispute through the platform.

Common dispute reasons:

• Item not received
• Item not as described
• Item damaged in shipping
• Wrong item received
• Missing parts or accessories
• Suspected counterfeit

8.4 Kingpin's Role in Disputes

We will review evidence from both parties and make a determination. Our decision is final and binding. Possible resolutions include full refund, partial refund, return with refund, or no refund.

8.5 Buyer Protection

We hold funds temporarily to protect buyers. If a dispute is decided in the buyer's favor, we will issue a refund from the held funds.

9. Intellectual Property

9.1 Kingpin's IP

The Kingpin name, logo, design, and all platform content are owned by or licensed to Shmaplex. You may not use our intellectual property without written permission.

9.2 User Content

You retain ownership of content you post (listings, photos, reviews). By posting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute it for platform operations.

9.3 Copyright Infringement

We respect intellectual property rights. If you believe content on our platform infringes your copyright, contact us at team@shmaplex.com with:

• Identification of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief
• A statement of accuracy under penalty of perjury
• Your physical or electronic signature

10. Privacy & Data

Your use of the Service is governed by our Privacy Policy, which describes how we collect, use, and protect your information.

Key points:

• We collect information necessary to operate the platform
• We use encryption for sensitive communications
• We share data with service providers (Stripe, hosting)
• We comply with applicable data protection laws (GDPR, CCPA)
• You have rights to access, correct, and delete your data

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us. You remain liable for all transactions completed before termination.

11.2 Termination by Us

We may suspend or terminate your account immediately for:

• Violation of these Terms
• Fraudulent or illegal activity
• Excessive disputes or chargebacks
• Abuse or harassment of other users
• Security threats to the platform
• Extended inactivity

11.3 Effect of Termination

Upon termination, you lose access to your account and content. We may retain certain information as required by law or for legitimate business purposes.

12. Disclaimers & Limitations of Liability

12.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2 No Guarantee

We do not guarantee:

• Uninterrupted or error-free service
• Accuracy or reliability of user content
• Quality, safety, or legality of items listed
• Truth or accuracy of user listings
• That sellers will complete transactions
• That items will be as described

12.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHMAPLEX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, OR GOODWILL.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO US IN THE 12 MONTHS BEFORE THE CLAIM OR (B) $100 USD.

12.4 Third-Party Content

We are not responsible for third-party content, websites, or services accessed through our platform.

13. Indemnification

You agree to indemnify, defend, and hold harmless Shmaplex, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or third-party rights
• Your listings, sales, or purchases
• Content you post on the platform
• Disputes with other users

14. Governing Law & Jurisdiction

These Terms are governed by the laws of the Republic of Korea, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Seoul, South Korea, or through binding arbitration as described below.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or platform notice at least 30 days before they take effect. Continued use of the Service after changes constitutes acceptance.

If you do not agree to the modified Terms, you must stop using the Service.

16. Dispute Resolution & Arbitration

16.1 Informal Resolution

Before filing a claim, you agree to contact us at team@shmaplex.com to attempt to resolve the dispute informally.

16.2 Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration rather than in court, except where prohibited by law. Arbitration will be conducted under the rules of the Korean Commercial Arbitration Board.

16.3 Class Action Waiver

YOU AND SHMAPLEX AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

16.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Service.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional policies, constitute the entire agreement between you and Shmaplex.

17.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in full effect.

17.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver.

17.4 Assignment

You may not assign these Terms without our consent. We may assign these Terms to an affiliate or in connection with a merger or sale.

17.5 Force Majeure

We are not liable for failures or delays due to circumstances beyond our reasonable control.

18. Contact Information

If you have questions about these Terms, please contact us: