Pebbo User Agreement / Terms of Service

Last updated: 1/1/2026

PLEASE READ THESE TERMS CAREFULLY. They constitute a legally binding agreement between you and XYSOFT LLC (“XYSOFT,” “we,” or “us”) governing your access to and use of the Pebbo mobile application, website, and related services (collectively, the “Services”). By creating an account or using the Services, you agree to be bound by these Terms of Service (the “Terms”). If you do not agree, you must not use the Services.

These Terms include an agreement to arbitrate disputes and a waiver of class actions in Section 12. This means you agree to submit any disputes (with limited exceptions) to binding individual arbitration, and you waive the right to participate in any class or representative lawsuit. You have the right to opt out of arbitration as explained in Section 12. If you are unwilling to accept these terms, including the arbitration and class waiver provisions, do not use Pebbo.

We may update these Terms from time to time. If we make material changes, we will provide notice, such as by posting an update in the app or sending an email. The updated Terms will be effective when posted (unless a later date is specified). By continuing to use the Services after an update, you accept the new Terms. If you do not agree to any revised Terms, you must stop using the Services and close your account.

1. Privacy

Your privacy is important to us. Please review our Privacy Policy (available via the app or our website) to understand how we collect, use, and share your personal information. By using Pebbo, you acknowledge that you have read and understood our Privacy Policy and consent to our data practices.

2. Eligibility and Geographic Scope

Age Requirements: You must be at least 18 years old to register for or use Pebbo’s Services. We do not knowingly allow minors (under 18) to use the platform. By creating an account, you represent that you are 18 or older and fully competent to enter into and comply with these Terms. If we discover that a user is under 18, we may terminate the account.

U.S. Use Only: Pebbo is intended for use within the United States. We make no representations that the Services are appropriate or available in other locations. If you access Pebbo from outside the U.S., you do so at your own risk and are responsible for compliance with any local laws. We may restrict or disable the Services in any non-U.S. regions at our discretion.

Legal Capacity: You may only use the Services if you have the legal capacity to form a binding contract. By accepting these Terms, you affirm that: (a) you have not been suspended or removed from Pebbo previously; and (b) your registration and use of Pebbo will not violate any law or regulation or any agreement by which you are bound.

3. Accounts and Account Security

To use certain features, you must create a Pebbo account. You agree to provide accurate, current information during registration and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.

Account Security: You must safeguard your password and not share it with anyone. If you suspect unauthorized access to your account, notify Pebbo immediately. We are not liable for any loss or damage arising from unauthorized use of your account.

One Account Per User: You may not transfer or sell your Pebbo account to another party. You also may not create multiple accounts to evade restrictions or circumvent rules. We reserve the right to reclaim usernames or suspend accounts that violate these Terms or others’ intellectual property rights.

Account Verification: You agree that Pebbo may, where required by law (such as the INFORM Consumers Act) or for trust and safety purposes, require identity verification or additional information from you. For example, we may ask for government ID, taxpayer information, or other documentation if you reach certain selling thresholds or for high-value transactions. Failure to provide accurate information upon request may result in suspension or termination of your account.

4. The Pebbo Marketplace Services

Pebbo is a peer-to-peer marketplace application operated by XYSOFT LLC that allows users to list, sell, and buy second-hand goods within a local community or for shipping. Pebbo itself is not a party to any purchase and sale agreements between users. Instead, we provide a platform to facilitate transactions between buyers and sellers. The following terms describe how our marketplace works and each party’s responsibilities:

A. Listing Items and Selling

Posting Listings: Registered users can create listings for items they wish to sell by providing item descriptions, photos, price, and any applicable terms (e.g. whether shipping is offered, and any “Lock Fee” deposit, described below). When you post an item, you represent and warrant that you own the item and have the right to sell it, and that all information in your listing (including condition, description, and any disclosures) is truthful and not misleading.

Prohibited and Restricted Items: You agree not to list any prohibited items. Prohibited items include, but are not limited to, illegal goods, stolen property, counterfeit or trademark-infringing goods, weapons, firearms, ammunition, explosives, controlled substances or illegal drugs, drug paraphernalia, recalled or hazardous items, human/animal parts, pornography or adult-only materials, or any other products that are prohibited by law or by Pebbo’s policies. We may publish a detailed Prohibited Items Policy and reserve the right to update it. It is your responsibility to comply with all applicable laws and our policies when listing an item. Pebbo may remove or cancel any listing that in our sole discretion violates these Terms or our policies, or that we believe is inappropriate or unlawful.

Condition and Category: Items must be listed in the correct category with an accurate description of their condition and attributes. Do not misrepresent an item by using misleading titles, images, or descriptions. You are responsible for any claims you make about an item in your listing.

No Endorsement or Guarantee: Pebbo does not pre-approve listings or guarantee the quality, safety, legality, or authenticity of items listed. All listings and content are provided by users, not by Pebbo. Pebbo is not an auctioneer or merchant; we do not take title to items at any point. Ownership of an item remains with the seller until a transfer of ownership is agreed upon between the buyer and seller.

Fees for Listings: Posting standard items on Pebbo is generally free. However, Pebbo may charge fees or commissions for certain transactions or listing types as the platform evolves. We will notify you of any applicable listing fees or commissions before you complete the listing or transaction to which those fees apply. Pebbo now charges a 1% commission on items sold via the Pebbo in-app payment system. This commission is paid by the buyer (as described in Section 4(C) below). By continuing to use the Services, you agree to pay all disclosed fees and commissions associated with your usage.

Grant of License to Pebbo: When you create a listing or otherwise post content on Pebbo, you grant Pebbo a non-exclusive, worldwide, royalty-free, sublicensable license to use, copy, display, distribute, modify, and create derivative works of your content (e.g. your item photos and descriptions) in connection with operating, promoting, and improving the Services. This license ends when you delete the content from our Services, except to the extent it has been shared with others or archived by us for legal compliance or other legitimate business purposes. You acknowledge that Pebbo may preserve copies of user content and disclose it if required to do so by law or in good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce these Terms, or protect rights, property, or safety.

B. Buying and Buyer Responsibilities

In-Person Transactions: Pebbo facilitates local, in-person transactions. Buyers and sellers are free to negotiate and agree on the price and meeting logistics directly via the app’s chat or otherwise. If both parties agree, they may complete the payment for an item in person, for example using cash or another method outside of the Pebbo app. Pebbo is not a party to any offline payment or in-person transaction – the terms of such sale (price, condition, pickup arrangements) are solely between buyer and seller. Pebbo does not supervise, direct, or control the meeting or exchange of items, and we cannot be liable for any issues arising from in-person transactions (including non-payment, item condition disputes, or personal injuries). Meet safely: You assume all risks of meeting someone in person. We strongly encourage you to take precautions such as meeting in a public, well-lit place, letting a friend know your plans, and using common sense to protect your personal safety and property.

Online Transactions via Pebbo’s Payment Solution: As an alternative to in-person payment, Pebbo offers an integrated payment option through our third-party payment processor (see Section 4(C) below). If a buyer and seller choose to complete the purchase through the Pebbo app’s payment system (for instance, to facilitate a shipping transaction or simply to use electronic payment for a local deal), the buyer will be charged the agreed purchase price (plus any applicable shipping costs or fees disclosed at checkout) via the payment method on file. The funds will be processed and held according to Section 4(C) and 4(E). In such cases, the buyer agrees to pay, and the seller agrees to accept, the final price as recorded in the app. Sellers using the Pebbo payment system agree that they will deliver the item to the buyer either in person or via shipping after payment confirmation, as described below.

Commitment to Purchase: If you are a buyer and you commit to purchase an item (whether by sending a payment through the app or by paying a Lock Fee deposit to reserve the item, or by otherwise agreeing with a seller), you are entering into a binding agreement with the seller. Do not initiate a purchase or reservation unless you are serious about completing it. Backing out without cause or failing to show up to an agreed meeting may result in consequences such as losing your Lock Fee (defined in Section 4(D)), receiving negative feedback, or account suspension for repeat offenses.

No Endorsement of Users: Pebbo does not screen users or guarantee their behavior. While we may offer profile information, ratings, or verification badges (such as student status or identity verification, if implemented), those are provided for convenience and trust-building only. Pebbo is not responsible for any user’s conduct, online or offline. You should exercise your own judgment in choosing whom to transact with. YOU ACKNOWLEDGE THAT THERE ARE RISKS IN DEALING WITH STRANGERS ON THE INTERNET AND MEETING IN PERSON. Pebbo does not investigate users’ backgrounds, and you assume all risks associated with any interactions.

C. Payments, Stripe Integration, and Payouts

Third-Party Payment Processor (Stripe): Pebbo uses Stripe, Inc. (and its affiliates) as its payment processing partner to facilitate electronic payments between buyers and sellers on the platform. When you use Pebbo’s in-app payment features (including paying for an item, paying a Lock Fee, or receiving sale proceeds), you are also agreeing to Stripe’s terms and policies, including the Stripe Connected Account Agreement and the Stripe Services Agreement (collectively, the “Stripe Terms”). These Stripe Terms are an agreement between you and Stripe. Pebbo is not a party to that agreement and has no control over the services provided by Stripe. If Stripe is unwilling or unable to provide its payment services (for example, if you fail to satisfy Stripe’s account requirements), you may be unable to use certain Pebbo features that require payments.

Setting Up a Payment Account: To receive payouts for items you sell through Pebbo’s payment system, you must create a Stripe Express account (a type of connected account with Stripe) and provide all information required by Stripe (such as your name, bank account details, tax ID, etc.). This is typically done via our app’s onboarding process for sellers. You authorize Pebbo to share your account registration data with Stripe for the purposes of setting up and maintaining your payment account. Funds from your sales will be disbursed to you via Stripe to the bank account or debit card you designate, subject to any holds or delays described in these Terms or by Stripe.

How Charges and Payouts Work: When a buyer uses the Pebbo Payment Solution to purchase an item:

• Charge to Buyer: The buyer’s provided payment method will be charged (or an authorization hold will be placed) for the full purchase price of the item (plus any shipping costs, if applicable) at the time the seller accepts the buyer’s offer or the buyer completes checkout. This charge is processed by Stripe on behalf of Pebbo.
• Holding Funds: The funds from the buyer may be held by Pebbo’s payment provider (Stripe) in a non-interest-bearing account until the transaction is completed. Pebbo holds these funds purely as a facilitator to distribute to the seller (or back to the buyer in case of a cancellation/refund) under the conditions of these Terms. We do not act as a bank or formal escrow agent, and no interest is paid on held funds. You agree that you have no ownership interest in any funds temporarily held by Pebbo/Stripe pending disbursement, and you further agree Pebbo/Stripe may commingle such funds with others in accordance with applicable law.
• Payout to Seller: Once the transaction is deemed completed, Pebbo will instruct Stripe to release the payment (minus any applicable fees) to the seller’s Stripe Express account for payout to their bank. For shipped items: completion is typically when the buyer confirms receipt of the item in the app or a certain period passes after delivery tracking shows the item delivered without the buyer reporting an issue. For in-person transactions using Stripe payment: completion is typically when the buyer marks the item as “Received” in the app (or, if the buyer fails to do so, after a maximum hold time as determined by Pebbo, e.g. a certain number of days after the payment, at our discretion). We may delay or withhold a payout if a dispute is reported, if fraud is suspected, or as required to comply with law or Stripe’s policies.

Service Fees: When an item is purchased through Pebbo’s in-app payment system, the buyer will be charged the listed item price plus a 1% Pebbo commission on that price. The seller will receive the item’s listed price minus any Stripe payment processing fees (Stripe’s fees are deducted from the seller’s proceeds). Pebbo retains the 1% commission from the buyer’s payment. Stripe processing fees for the transaction are borne by the seller. For clarity, all Pebbo fees (including this commission) are non-refundable, except as required by applicable law. Pebbo has no control over Stripe’s fee rates and disclaims responsibility for any changes to Stripe’s fees. You are also responsible for any taxes or any fees charged by your bank or card issuer in connection with using our Services; Pebbo is not liable for any such charges.

Authorization and Responsibility: By entering your payment information and agreeing to pay or accept payment through Pebbo, you authorize Pebbo and Stripe to process the transaction as described. Sellers authorize Pebbo and Stripe to charge the buyer’s payment method, to hold funds, and to deduct any applicable fees (including amounts payable to Pebbo, and any chargebacks or reversals) and then transfer the net proceeds to the seller’s account. Buyers authorize Pebbo and Stripe to charge their chosen payment method for the full amount of purchases and any related fees. Both buyers and sellers agree not to circumvent the payment process. You will not attempt to transact the payment for a listed item outside of Pebbo in order to avoid any fees or to misuse our Lock Fee system. Doing so may result in account suspension.

Stripe Account Issues: Your ability to receive funds via Pebbo is subject to Stripe’s approval of your account. If Stripe rejects your connected account application or later suspends your account (for example, due to identity verification issues or suspected fraud), Pebbo may be unable to pay you the proceeds of sales. You agree that Pebbo has no liability for the failure of payouts due to incomplete Stripe setup or your failure to comply with Stripe requirements. If you do not remedy any Stripe account issues within a reasonable time (for instance, Stripe requires you to verify information within 90 days and you do not), the funds from your transactions may be canceled and returned to the buyer or handled in accordance with Stripe’s policies (which could include remitting the funds to us for safekeeping or to a government unclaimed property fund as required by law). Pebbo will make reasonable efforts to assist you, but ultimately, you are responsible for completing the steps necessary to receive your money.

Reversals and Chargebacks: If a buyer’s payment is later subject to a chargeback, dispute, or is otherwise reversed by the payment provider (e.g. the buyer’s bank or card issuer), the seller agrees that Pebbo may recover the amount of such reversal from the seller’s pending payouts or by direct debit from the seller’s linked bank account or card on file. Similarly, if a transaction is cancelled or refunded for any reason, Pebbo has the right to withhold or recover the corresponding funds so that neither party is unjustly enriched. Pebbo may assist in mediating payment disputes at our discretion, but the decision of the card issuer or payment provider is typically final for chargebacks. Sellers should maintain proof of delivery and communication to contest chargebacks.

D. Lock Fee (Security Deposit for Reservations)

Pebbo offers a unique feature called the “Lock Fee,” which is a conditional security deposit system designed to encourage commitment in peer-to-peer transactions. This section explains how the Lock Fee works and the terms governing its use:

Definition of Lock Fee: A Lock Fee is a deposit amount set by the seller when listing an item that a buyer must pay through the Pebbo app to reserve or hold the item. It is NOT a part of the purchase price of the item. It is a separate temporary charge that serves as a security measure. The Lock Fee is not an advance payment for the item and will not be credited toward the purchase price; the buyer will still owe the full agreed price of the item to the seller (typically paid in cash or other method upon meeting, or via the app if the buyer and seller choose to handle the full payment online). Think of the Lock Fee as a good-faith deposit to discourage no-shows and last-minute cancellations.

How the Lock Fee is Collected and Held: When a buyer commits to an item that has a Lock Fee requirement, the buyer will be prompted to pay the Lock Fee amount through the Pebbo app (via the Stripe payment method on file). Upon payment, Pebbo (through Stripe) will charge the buyer’s card for the Lock Fee and hold those funds in a temporary holding account. Pebbo holds Lock Fee funds as a neutral intermediary on behalf of the parties, subject to the conditions for release described below. The Lock Fee funds are held in a non-interest-bearing capacity; users have no right to any interest or earnings on the Lock Fee, and Pebbo will not pay any interest. By using the Lock Fee feature, you agree that Pebbo is authorized to collect and hold the deposit and to release or retain it pursuant to these Terms.

Outcomes for Lock Fee Release: The Lock Fee is conditionally refundable depending on what happens with the transaction:

• (i) Successful Transaction – Refund to Buyer: If the buyer and seller complete the transaction successfully (the buyer receives the item as agreed), the buyer is expected to mark the item as “Received” in the Pebbo app. Once the buyer marks the item received, the Lock Fee will be released back to the buyer’s original payment method (minus any applicable Pebbo commission and processing fees as described below). This refund process may not be instantaneous; it can take several business days to process through Stripe and the banking system. Sellers should encourage buyers to confirm receipt in the app so the buyer gets their deposit back promptly.
• (ii) Seller Cancellation or Buyer’s Good-Faith Attempt – Refund to Buyer: Alternatively, the seller has an option in the app to “Give Lock Fee to Buyer.” A seller would use this if, for example, the seller decides not to go through with the sale, the item is no longer available or as described, or the buyer showed up and the seller simply wants to return the deposit (perhaps the buyer decided not to purchase after seeing the item, and the seller is amicably returning the deposit). If the seller selects this option, the Lock Fee will be released back to the buyer (minus applicable commission and processing fees) just as if the buyer had marked the item received. Essentially, any scenario where the seller affirmatively chooses to return the deposit to the buyer will result in the deposit being returned to the buyer.
• (iii) Buyer No-Show or Breach – Forfeiture to Seller: If the buyer fails to meet the seller at the agreed time or otherwise materially breaches the purchase agreement (a “flake” or no-show), the seller can choose the “Give Lock Fee to Seller” option in the app. By doing so, the seller is indicating that the buyer did not complete the purchase and the seller is claiming the deposit as compensation. If the seller selects this option, the Lock Fee (in whole or the portion specified by the seller, less Pebbo’s commission and processing fees) will be released to the seller, meaning Pebbo will instruct the funds to be transferred to the seller’s Stripe payout account. The buyer will not get the deposit back in this scenario. Buyers: by agreeing to pay a Lock Fee, you acknowledge that you risk losing that deposit if you do not follow through with the transaction or violate the agreed terms.
• (iv) Inaction or Dispute – Potential Platform Retention: If neither party takes any action to release or claim the Lock Fee, and the buyer does not mark the item as received, the deposit will remain in limbo. Pebbo will hold the Lock Fee funds for a maximum of two (2) months from the date of the buyer’s payment. This provides a window for the parties to sort out any issues or contact support. If two months elapse without any action or resolution, ownership of the Lock Fee funds will transfer to Pebbo. In other words, the buyer’s claim to the deposit will expire, and the seller will no longer be able to claim it either; Pebbo will retain the funds. This outcome is intended to prevent indefinite holding of funds and to encourage users to resolve their transaction status promptly. By using the Lock Fee feature, you expressly agree to this time-based forfeiture: if you fail to mark the item received or fail to request the Lock Fee in either direction within 2 months, you relinquish any claim to the Lock Fee, which may be retained by Pebbo. Pebbo will have no obligation to refund the Lock Fee to the buyer or pay it to the seller once it is forfeited to the platform due to inaction.

Commission and Fees on Lock Fee Transfers: For any Lock Fee that is released to a buyer or seller under the scenarios above, the amount paid out will be the Lock Fee minus a 1% Pebbo commission and minus Stripe’s payment processing fees. Pebbo’s 1% commission on the Lock Fee is deducted before calculating Stripe’s processing fees. Stripe’s standard processing fees apply to the Lock Fee transaction regardless of the outcome (whether the deposit is refunded or forfeited). Pebbo’s commission on Lock Fee transactions is non-refundable. (For example, if a $50 Lock Fee is refunded to a buyer after a successful transaction, the buyer would receive back $50 minus Pebbo’s 1% fee and minus any Stripe fees incurred for processing that $50.)

Platform Role and Disclaimers for Lock Fee: Pebbo’s role in the Lock Fee process is solely to facilitate the holding and transfer of the deposit based on user inputs (buyer’s received confirmation or seller’s selection) or the passage of time. Pebbo is not an escrow agent, escrow company, or licensed fiduciary. We provide a tool for convenience and trust, but we do not guarantee that the outcome always reflects the true facts of a transaction. For example, Pebbo cannot independently verify whether a buyer actually showed up or whether an item was as described – we rely on the users to indicate the result. Both buyers and sellers assume the risk that the other party may misrepresent the situation to Pebbo (for instance, a seller might falsely claim a buyer didn’t show up, or a buyer might falsely claim they never got the item). Pebbo disclaims any liability for wrongful forfeiture or wrongful refund of a Lock Fee, except to the extent that a mistake was solely due to Pebbo’s technical failure. By using the Lock Fee, you agree that your sole remedies for any disagreement about the deposit will be against the other user, not against Pebbo. For example, if you are a buyer and believe a seller unfairly kept your deposit, your dispute is with that seller, and your recourse may be to work it out with them or pursue legal action against them (though we hope the Lock Fee encourages amicable resolutions). You release Pebbo from claims arising from the Lock Fee feature, as further described in Section 8 (Release).

User Dispute and Support Requests: Both buyer and seller have the right to open a support ticket with Pebbo if there is a disagreement about what should happen with the Lock Fee. For instance, a buyer might contact support to argue that they did show up and therefore the seller should not keep the deposit, or a seller might contact support if they believe the buyer is unfairly withholding the “received” confirmation even though the item was delivered. Pebbo may, at our sole discretion, review the situation and the information provided by both parties. Pebbo reserves the right (but has no obligation) to override the default outcome of the Lock Fee. This means Pebbo can decide to refund the buyer or give the deposit to the seller, even if the app’s automated flow would have done otherwise, if we determine in our discretion that such action is appropriate to prevent an unjust outcome. Pebbo’s decision in such matters is final and not guaranteed to be “correct” in every case. If Pebbo declines to intervene, the Lock Fee will be handled according to the default rules above (refund, forfeiture, or time-based expiration).

Abuse of Lock Fee: Any attempt to abuse or game the Lock Fee system is a serious violation. This includes, for example, buyers placing deposits on multiple items with no intention to purchase (thereby taking items off the market), or sellers using Lock Fees to unjustly enrich themselves without intent to complete sales. Pebbo reserves the right to investigate and, in its discretion, to reverse Lock Fee transactions, return funds to the rightful party, and/or suspend or terminate accounts of users engaging in abuse or fraud related to Lock Fees.

E. Shipping and Delivery

In-Person Delivery vs. Shipping: The default expectation on Pebbo is local, in-person exchange of items. However, buyers and sellers may mutually agree to ship items if desired. Pebbo’s platform allows sellers to indicate if shipping is available for a listing, and allows buyers to request shipping. All shipping logistics and costs are the responsibility of the buyer and seller. Pebbo does not provide shipping services or pickup/delivery arrangements on behalf of users. We are not integrated with any carrier (e.g., we are not providing prepaid labels by default). If shipping is agreed:

• The buyer typically pays for shipping costs. The method may be: (a) the buyer pays the seller directly for shipping outside the app (not recommended, but possible if they agree), or (b) if our app provides an option, the buyer pays calculated shipping as part of the online checkout and the seller will receive a shipping label from Pebbo’s system. Check the listing and in-app prompts to understand how shipping is being handled for a particular transaction.
• Sellers who offer shipping are responsible for proper packaging and prompt shipment of the item once sold. We may provide guidelines or policies on shipping (e.g., recommended carriers, required shipment times, etc.), and you agree to follow any such Shipping Policies if provided.

Risk of Loss: Once a seller ships an item, the risk of loss or damage passes to the buyer upon delivery to the carrier, unless otherwise required by law. It’s advisable to use tracking and perhaps insurance for valuable items. Pebbo is not a party to the shipping contract between seller and carrier or buyer and carrier. We do not guarantee delivery times, and we are not liable for any loss, damage, misdelivery, or delay in shipping. Users ship items at their own risk. In case of a shipping problem, the buyer and seller should communicate to resolve it (which may involve the seller filing a claim with the shipping carrier if insured). Pebbo may, but has no obligation to, assist in mediating shipping disputes.

No Illegal Shipments: If you choose to ship items, you must comply with all postal and carrier regulations and laws. You must not ship any hazardous, illegal, or otherwise prohibited materials. This includes weapons, ammunition, explosive or flammable materials, drugs, perishable dangerous goods, etc., as well as any item that is illegal to transport or export/import to the buyer’s location. Violation can result in legal penalties and account termination.

Pebbo Not Liable for Shipping Issues: Because any shipment is arranged between the buyer and seller (even if Pebbo’s app helps generate a label), Pebbo is not liable for: theft or porch piracy, items lost in transit, items damaged in transit, or items that fail to arrive. Additionally, any promises of shipping time are between the buyer and seller or the carrier; Pebbo does not guarantee delivery by a certain date. Our role is limited to providing a platform; thus we disclaim responsibility for shipping outcomes to the fullest extent permitted by law (see Section 9 on Disclaimers).

Release of Payment on Shipment: If a transaction is paid through Pebbo and involves shipping, Pebbo will generally hold the buyer’s payment until confirmation of delivery. Typically, we may rely on tracking information showing delivery to release the funds (for example, we might release the payment to the seller 1-2 business days after the package is shown as delivered, provided no dispute is raised). We may also allow the buyer a short window (e.g., 2 days after delivery) to report if the item materially differs from the description or is not received, before automatically releasing the funds. Any specific timeline or purchase protection policy will be communicated in our app or Purchase Protection Policy if one is published. If a buyer timely reports a significant issue with a shipped item, Pebbo may hold the funds longer while we investigate (and possibly issue a refund to the buyer), all at Pebbo’s sole discretion. Sellers acknowledge that using Pebbo’s payment for shipped items may result in delayed payout to ensure the buyer receives the item as described.

No Pebbo Guarantee or Return Policy (Unless Provided): Pebbo is not currently offering any formal buyer protection program or guarantee. All sales are generally final between buyer and seller, unless the seller has agreed to a return or Pebbo chooses to intervene for a policy violation. If the item received is not as described, the buyer should first attempt to resolve with the seller (e.g., returning the item for a refund). Pebbo may facilitate communication but does not guarantee a resolution. We may, at our discretion, assist the buyer in getting a refund if we determine the seller blatantly misrepresented the item or violated our policies, but this is not a promise and is handled case-by-case.

F. Taxes and Government Regulations

Your Tax Responsibilities: Sellers are solely responsible for determining, collecting, reporting, and remitting any sales tax, use tax, value-added tax (VAT), goods and services tax (GST), or any other taxes or fees required by federal, state, or local law for the items you sell through Pebbo. Pebbo does not automatically calculate, collect, or remit sales taxes on your behalf, except to the extent we are required to do so under applicable law (see Marketplace Facilitator note below). You agree that the price you list for your item is inclusive of any taxes you need to collect. Buyers may be responsible for paying use tax or equivalent on purchases if sales tax was not collected at the time of sale, according to the laws of your jurisdiction.

Marketplace Facilitator Laws: Certain states have enacted “marketplace facilitator” laws that may require Pebbo to collect and remit sales tax on transactions delivered into those states. Pebbo will comply with applicable laws as they come into effect. In any jurisdiction where Pebbo is legally obligated to collect sales tax on behalf of sellers, we will do so and remit it to the proper taxing authority. We will notify sellers if this affects them, and such taxes may be added to the buyer’s checkout price. In states where Pebbo is not required to collect tax, the obligation remains with the seller. By using Pebbo, you agree to provide any tax information that we may request to comply with our legal obligations (for example, a W-9 form and tax ID if you exceed certain sales thresholds, or a resale certificate if you claim exemption).

Income Reporting: U.S. federal law requires payment processors and marketplaces to report gross sales of sellers that exceed certain thresholds (e.g., more than $600 in a calendar year, subject to change per IRS rules). If you meet the threshold for IRS Form 1099-K reporting, Pebbo or Stripe (our Payment Provider) will request your taxpayer identification information (such as Social Security Number or EIN) in order to issue the tax form. If you do not provide the required information, your payouts may be withheld until compliance is achieved. Pebbo/Stripe will report your sales to tax authorities as required by law. It is your responsibility to pay any income taxes due on the profits from your sales.

No Professional Advice: Any guidance Pebbo provides (for example, an estimate of sales tax, or general tips about taxes in our Help Center) is for informational purposes only and not professional tax advice. You should consult a tax advisor to understand your obligations. Pebbo is not responsible for any seller’s failure to comply with tax laws.

5. User Conduct and Content Rules

We expect all users to use Pebbo in a lawful and respectful manner. By accessing the Services, you agree that you will comply with all applicable laws and regulations, as well as these Terms and any other posted policies (such as community guidelines or prohibited item policies). You are solely responsible for your behavior and any content you provide on Pebbo.

A. General User Conduct

You agree not to engage in any of the following prohibited activities on Pebbo:

• Illegal Activities: You will not use the Services for any unlawful purpose or in furtherance of illegal activities. This includes selling any illegal items, or using Pebbo to facilitate any type of crime, fraud, money laundering, or terrorist financing.
• Violations of Others’ Rights: You will not post content or list items that infringe or violate the rights of any third party, including intellectual property rights (copyright, trademark, etc.), privacy rights, or proprietary rights. Do not sell counterfeit goods or items you do not have the right to sell. Do not use photos or descriptions copied from others without permission.
• Interference with the Platform: You will not interfere with or disrupt the operation of Pebbo. This means you will not deploy any bots, scrapers, or automated tools to extract data or content from Pebbo without our written permission. You will not attempt to hack, attack, or overload our infrastructure (no DDoS attacks, introducing viruses or malware, or circumventing any security measures). Any attempt to access other users’ accounts, data, or Pebbo’s source code without authorization is strictly prohibited.
• Spam and Misrepresentation: You will not spam or harass other users. This includes unwanted advertising or promotional messages, chain letters, pyramid schemes, or any kind of bulk communications not relevant to a genuine transaction. You will not impersonate any person or entity, or falsely state or misrepresent yourself (no creating fake accounts for deception, no pretending to be a Pebbo employee or representative).
• Quality of Content: You will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive. Hate speech, harassment, and discrimination of any kind have no place on Pebbo. Content that is sexually explicit (other than non-pornographic adult item listings as permitted), or that depicts minors inappropriately, or glorifies violence or self-harm, is forbidden.
• No Personal Data Abuse: If you receive personal information about another user through a transaction (like their address for shipping or phone number for meet-up coordination), you must use that information only for that transaction. You may not misuse others’ personal data for any other purpose (no harvesting emails or phone numbers to spam them later, etc.), and you must handle personal data in accordance with privacy laws. If a user provides you with their contact info for a transaction, you should keep it confidential and secure.
• Compliance with Pebbo Policies: You will follow all other rules and policies that Pebbo posts within the app or on our website. This includes any Community Guidelines, Posting Rules, Prohibited Items list, dispute resolution procedures, or other policy documents that we incorporate by reference into these Terms. These policies are designed to keep the platform safe and trustworthy. For example, if we have a rule about not posting the same item multiple times (duplicate listings) or not circumventing certain features, you must abide by those rules.
• No Commercial Use Without Consent: Pebbo is intended for personal use and small-scale commerce between individuals. You will not use Pebbo to run a large-scale business or to consistently sell goods as a retailer without complying with any applicable regulations and without Pebbo’s consent. High-volume sellers may be subject to additional verification or requirements (see Section 3 on Account Verification). Additionally, you will not use Pebbo to advertise or promote external websites, services, or businesses that are not related to buying or selling on Pebbo, unless specifically permitted.

B. User-Generated Content License and Warranty

When you post content on Pebbo (including listings, descriptions, photos, reviews, or messages), you retain ownership of your content, but you grant Pebbo a license to use it as described in Section 4(A) (“Grant of License to Pebbo”). You are solely responsible for any content you provide, and you represent and warrant that your content complies with these Terms and all applicable laws.

Pebbo does not claim ownership of your user-generated content. However, by submitting content, you acknowledge that we may use, display, or modify it as needed to provide the Services, subject to the license you granted us. You also acknowledge that, once posted, your content may be visible to other users and may be shared or saved by them (for example, another user could save a photo of your listed item). If you delete content, we will cease public display of that content, but you acknowledge that cached or archived copies might persist and Pebbo is not responsible for third parties who may have saved your content (for example, a user who saved your listing photo).

Your Promises (Warranties) About Content: Whenever you post content on Pebbo, you promise that:

1. You have the right to post it. You either own the content (e.g., you took the photo yourself or wrote the description yourself), or you have obtained all necessary rights and permissions to use it on Pebbo. Using it on Pebbo will not violate any copyright, trademark, or other rights of others.
2. Your content is truthful and not misleading. For listings, this means your descriptions and photos accurately represent the item. For all content, it means you’re not posting false information or impersonating someone.
3. Your content and behavior comply with all laws and regulations. You’re not posting anything illegal or engaging in unlawful conduct through our platform.
4. Your content does not contain malicious code. You won’t embed viruses, Trojan horses, spyware, or any other harmful software in your postings.
5. The content is appropriate. It doesn’t contain hate speech, harassment, explicit pornography, or graphic violence (unless maybe in an allowed context like a movie poster with violent imagery – use common sense and adhere to our community standards).

If any of these warranties is untrue, and Pebbo suffers any damage or expense as a result, you agree that you will indemnify XYSOFT LLC as described in Section 11.

Content Monitoring and Removal: Pebbo does not pre-screen all user content, but we reserve the right (though not the obligation) to monitor, screen, and moderate content posted on the platform. Pebbo may remove, edit, or disable access to any user content that we believe, in our sole discretion, violates these Terms or our policies, or that is otherwise harmful, objectionable, or illegal. This can happen with or without notice to you. Our moderation decisions are final. Pebbo is not responsible for any failure or delay in removing content, and if you encounter content that you believe violates our policies, you can report it to us through the app’s “Report” feature or by contacting customer support.

No Liability for User Content: Content posted by users is the sole responsibility of the user who originated it. Pebbo does not guarantee the accuracy, integrity, or quality of any user content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Pebbo be liable in any way for any user content, including any errors or omissions, or any loss or damage of any kind incurred as a result of the use of any content posted or transmitted via the Services.

Feedback: If you provide suggestions, ideas, or feedback to Pebbo about how to improve the Services or about new features, you agree that Pebbo can use and share such feedback for any purpose without compensating you, and you irrevocably assign any rights in that feedback to Pebbo.

6. Assumption of Risk; Safety

Using an online marketplace and meeting people in person carries inherent risks. We want you to be aware of and accept these risks:

No Background Checks: Pebbo does not conduct criminal or background checks on its users (except as may be required for high-volume seller verification or other legal compliance verifications unrelated to personal history). We do not verify every piece of information users provide about themselves. For example, a user’s profile might not reflect their true identity; Pebbo is not guaranteeing anyone’s reputation or trustworthiness. You are solely responsible for evaluating and trusting other users.

Interactions are at Your Own Risk: When you agree to meet another user in person (or even communicate online or via the app), you acknowledge that Pebbo cannot guarantee your safety. You must take common sense precautions. This includes meeting in public places, ideally during daylight or in well-lit areas, possibly bringing a friend along or letting someone know where you’ll be. Pebbo may suggest using local designated “Safe Exchange Zones” (like areas by police stations or local businesses that offer to host transactions), but we do not inspect or guarantee those locations either. We do not supervise meetups between users. Any arrangement to meet is solely between you and the other user.

Risks of Transactions: You understand that transactions carry risk. Items could be misrepresented, defective, or fail to meet expectations. A seller might not show up with the item, or a buyer might not show up with payment. There is also risk of theft or fraud (e.g., counterfeit money, scams). Pebbo is not liable for any transaction risks, such as a deal gone wrong or a user’s failure to pay or deliver. All transactions are strictly between the buyer and seller, and you assume the risk of any transaction you engage in. We encourage users to thoroughly inspect items during in-person exchanges and to use secure payment methods (like our Pebbo payment system or cash – avoid checks or suspicious overpayments).

No Warranty or Inspection by Pebbo: Pebbo does not inspect items being sold, does not verify listings beyond automated tools or occasional spot checks, and does not guarantee that any item will meet your expectations. All items are sold “as-is” unless the seller explicitly offers a return policy in the listing or a warranty themselves. Pebbo makes no warranties (and expressly disclaims any such warranties) as to the condition, quality, safety, authenticity, or legality of any items on the platform.

Third-Party Safety Features: Pebbo may include some safety features like user ratings, reviews, or a verified badge system (for example, verifying a user’s email, phone number, or student status). While these features aim to improve trust, they are not foolproof. A positive review or “verified” status is not a guarantee about a user’s behavior. Always exercise caution regardless of a user’s apparent reputation on the app.

Emergency Situations: Pebbo is not responsible for any harm you might suffer in the course of meeting someone through our app. If you ever feel in danger or if an incident occurs, remove yourself from the situation and seek help. In an emergency (if you are threatened, assaulted, or otherwise in immediate danger), call 911 or your local authorities. Pebbo cannot intervene in real time in any incident, and we do not provide physical security or any insurance for transactions. After any safety incident involving a Pebbo transaction or contact, we do encourage you to report the user to us so we can review and possibly ban them, and we will cooperate with law enforcement as needed (see Section 7 below).

Your Acknowledgment: By using Pebbo, you acknowledge and agree that you understand these risks and you voluntarily assume all risk of interacting with other users and transacting through Pebbo. To the maximum extent permitted by law, you release Pebbo from any claims arising from any harm or loss you suffer related to dealings with other users or third parties introduced through the platform (see Section 8: Release).

7. Law Enforcement and Compliance

Cooperation with Law Enforcement: Pebbo is committed to operating a safe and lawful platform. If we receive lawful requests from law enforcement agencies (such as subpoenas, court orders, or requests under applicable data laws), we may respond and provide the requested information. We balance user privacy with legal obligations, so we will ensure any disclosure is properly authorized. By using Pebbo, you acknowledge that your account data and content may be subject to such disclosure in accordance with law.

Reporting Illegal Activity: If you are law enforcement or a rights holder who needs to report or request something, please refer to our Law Enforcement Guidelines (available on our website) or contact us at our designated email for law enforcement inquiries. We will handle requests consistent with applicable law, including the Stored Communications Act and other privacy laws.

User Responsibility to Laws: You agree to comply with all laws and regulations applicable to your use of the Services. This includes (but is not limited to) compliance with export controls (you will not list or sell items that require an export license if you don’t have one), sanctions (you are not on any government list of prohibited or restricted parties), and any local regulations (for example, if a permit is required to sell certain items, you will obtain it). You are responsible for ensuring that your activities on Pebbo are lawful. Pebbo is not responsible for educating you on every law that may apply to you, but we may remove content, cancel transactions, or take any measure if we believe a violation of law has occurred or is likely to occur.

INFORM Act and High-Volume Seller Compliance: U.S. law now requires online marketplaces to collect and verify certain information for high-volume sellers (defined by the Federal INFORM Consumers Act as sellers with 200+ transactions and $5,000+ in gross sales in a year, or as state laws may define). If you meet these thresholds, Pebbo will reach out to you for compliance information (government ID, tax ID, contact information, etc.). You must provide accurate information and update it as needed. Pebbo may also be required to provide certain information (like a seller’s business name, full name, address, and contact info) to buyers who have purchased from a high-volume seller, upon request or via the seller’s profile, as required by law. By selling on Pebbo, you authorize Pebbo to make such disclosures as legally required. Failure to comply with these requirements can result in suspension of your selling privileges.

DMCA and IP Claims: If you believe content on Pebbo infringes your copyright or other intellectual property rights, Pebbo has an IP/IP Infringement policy and a process to address such claims (including compliance with the Digital Millennium Copyright Act “DMCA” for copyright holders). Contact our designated agent at xiao.tan@xysoft.co with details of the infringement claim (e.g., URL of infringing content, proof of ownership, your contact info). We will respond promptly to valid notices by removing or disabling access to the allegedly infringing content and notifying the user who posted it (so they can file a counter-notice if appropriate). Repeat infringers will have their accounts terminated.

8. Release

Because Pebbo is not involved in actual transactions between users, in the event that you have a dispute with one or more users, you release Pebbo (and our officers, directors, employees, agents, subsidiaries, affiliates, and partners) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

This release includes, for example, disputes over communications, interactions in person, purchase of goods, condition of items, payments, refunds, returns, Lock Fees, and any other services or arrangements made through Pebbo. You also waive any protections that may otherwise limit this release, such as California Civil Code § 1542 (or analogous laws in other jurisdictions), which says:

“A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known, would have materially affected his or her settlement with the debtor or released party.”

By agreeing to this release, you expressly waive any protections of § 1542 and any similar law, meaning that this release applies to all claims, even those you do not know or suspect to exist at the time you agree to this release.

Important: This release does not apply to any claim you might have against Pebbo for our own breach of these Terms or obligations under the law. It only covers disputes arising between you and other users or third parties. But to the maximum extent permitted by law, it does cover claims that another user may make against you that you then seek to pass through to Pebbo (for example, if another user sues you for something related to a transaction, you cannot in turn hold Pebbo responsible for that).

9. Disclaimers of Warranties

Pebbo provides the Services on an “AS IS” and “AS AVAILABLE” basis to the fullest extent permitted by law. Use of the Services is at your own risk. Pebbo and its affiliates, suppliers, partners, and agents expressly disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise from course of dealing or usage of trade.

Without limiting the generality of the foregoing, Pebbo does not warrant or guarantee:

• Uptime and Accuracy: That the Services will be uninterrupted, error-free, or secure. We do not guarantee that any information (including listings, user profiles, or content) is accurate, complete, or reliable. While we strive for a bug-free experience, we do not warrant that the app or website will always function without delays, glitches, or imperfections.
• Items and Transactions: Pebbo makes no warranty regarding the quality, authenticity, condition, or legality of any items sold by users, or the ability of sellers to sell items or buyers to pay for items. We provide no guarantee that any transaction will actually be completed. Any advice or guidance we provide in the app (such as pricing suggestions, item descriptions via AI optimization, or user ratings) is for informational purposes only and does not constitute a warranty or endorsement by us.
• Safety and Security: Pebbo does not guarantee the identity, integrity, or trustworthiness of any users. We do not warrant that using the Service will result in safe interactions or desired outcomes. You may encounter users who provide false information or attempt to defraud or harm you; while we provide tools to report and review users, we make no warranty that all malicious content or users will be promptly removed.
• Third-Party Services: Any third-party services, like Stripe’s payment processing or map services for locations, are outside our control. Pebbo makes no warranties regarding services provided by third parties. For example, we cannot guarantee Stripe’s services will function without error or that payments will always be processed correctly by them — although we will, of course, assist in resolving issues within our ability.
• Data Loss: We do not warrant that your content or account data will be stored or backed up, or that it will be available indefinitely. Always keep a copy of any information you need (like receipts, or chat transcripts if they are important) outside of the app. We are not responsible for any data that might be lost or deleted.

Some jurisdictions do not allow the disclaimer of certain warranties, so some of the above disclaimers may not apply to you. In such jurisdictions, our warranties are disclaimed to the maximum extent permitted by applicable law.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Pebbo and its employees, officers, directors, shareholders, parents, subsidiaries, affiliates, agents, and licensors (collectively, the “Pebbo Parties”) shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, goodwill, business opportunity, or data, whether incurred directly or indirectly, or any other intangible losses. This limitation applies regardless of legal theory (contract, tort, negligence, strict liability, or any other theory), and even if we have been advised of the possibility of such damages.

Specifically, and without limiting the above, the Pebbo Parties will not be liable for any damages resulting from:

• Your access to, use of, or inability to use the Services;
• Any conduct or content of any user or third party on the Services, including without limitation any defamatory, offensive, or illegal conduct of other users or third parties;
• Any items sold or purchased through the Services, including any harm or losses arising from those transactions or items;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any disputes between you and another user of the Services;
• Any decision we make regarding user accounts (such as account suspension or termination) or removal of any content;
• Any events beyond our reasonable control, including but not limited to pandemic-related disruptions, government actions, technical failures, or cyber-attacks.

In no event shall the total liability of the Pebbo Parties for all claims arising out of or relating to the Services or these Terms exceed the greater of: (a) the amount you have paid to Pebbo in the last twelve (12) months, if any, or (b) $100 USD.

The above cap on liability does not apply to liability for gross negligence, willful misconduct, or other types of liability that cannot be limited or excluded under applicable law (for example, some jurisdictions do not allow exclusion of liability for personal injury or for fraud). Also, these limitations are not intended to limit your rights under mandatory law — some states do not permit certain limitations of liability, so some of the above may not apply to you.

If you are dissatisfied with any aspect of the Services or these Terms, your sole and exclusive remedy is to stop using the Services. This limitation is a fundamental part of the bargain between you and XYSOFT LLC and shall apply even if any limited remedy fails of its essential purpose.

11. Indemnification

You agree to indemnify, defend, and hold harmless XYSOFT LLC (the operator of Pebbo) and its affiliates, and their respective officers, directors, agents, partners, and employees (the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) that arise out of or are connected to:

• Your use or misuse of the Services, or any item or service obtained through the Services;
• Your violation of any of these Terms or any policy referenced in these Terms;
• Your breach of any representation or warranty you provide under these Terms (for example, if you provided a warranty that your content doesn’t infringe third-party rights and it turns out it does);
• Any content you post or provide (including any actual or alleged infringement or violation of any intellectual property, privacy, or other rights by your content);
• Any transaction or dispute between you and another user or a third party (for example, an issue with a product you sold or bought, or an injury at a meetup, or a dispute over the Lock Fee);
• Your violation of any law or regulation in connection with your use of the Services or your transactions on Pebbo;
• Any misuse of Stripe or payment information, including if you provided Pebbo with incorrect banking details leading to a payment error.

Pebbo reserves 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 with our defense of such claim. If we do take control of the defense, you will still be on the hook for any indemnifiable liabilities (like damages or settlements we agree to) and reasonably incurred legal fees. You agree not to settle any such matter without the prior written consent of Pebbo. We will use reasonable efforts to notify you of any claim or demand that is subject to your indemnification obligations as soon as we become aware of it.

This indemnification obligation will survive any termination of your account or of the Services.

12. Dispute Resolution and Arbitration Agreement

Please read this section carefully. It requires you to arbitrate most disputes with XYSOFT LLC (Pebbo) and limits the manner in which you can seek relief. This section is intended to be interpreted broadly and governs any and all disputes between us. If you are a consumer (using Pebbo for personal, non-commercial purposes), certain parts of this section may not apply to you to the extent prohibited by applicable law, but the intention is that arbitration and class waiver apply to the fullest extent enforceable.

A. Agreement to Arbitrate

You and XYSOFT LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any transaction or relationship between us, or your use of the Services (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration, rather than in court, except as set forth under “Exceptions” below.

This arbitration agreement applies to claims that arose before these Terms (such as claims related to statements we made or services provided before you accepted these Terms) and after termination of your use of Pebbo.

You understand that, by agreeing to this arbitration clause, you and XYSOFT LLC are waiving the right to a trial by jury and the right to participate in a class or representative action. Arbitration is typically more limited, more efficient, and less costly than court litigation and is subject to very limited review by courts.

B. Prohibition of Class and Representative Actions

You and XYSOFT LLC agree that all disputes will be resolved on an individual basis only. There will be no class, collective, or representative actions in arbitration.

No Class Actions: You may not bring a claim in arbitration as a plaintiff or class member in any purported class, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Limited Relief: The arbitrator can award relief (including monetary, injunctive, and declaratory relief) only on an individual basis and only to the extent necessary to provide relief warranted by that party’s individual claim. No class or group relief or relief on behalf of others may be granted.

If a court or arbitrator decides that any part of this Section 12(B) (class action waiver) is unenforceable or invalid, then the entirety of this Section 12 (Arbitration Agreement) shall be null and void. However, the severance of the class waiver should only occur if the dispute is to proceed in a class or representative manner; if the class waiver is found unenforceable for a particular claim, then the arbitration agreement shall not apply to that claim. In that event, the claim must be brought in court, not arbitration.

C. Arbitration Procedures

Arbitration Forum: The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (if you are an individual using the Services for personal or household use) or the Commercial Arbitration Rules (if you are using the Services for commercial purposes or as a business). The AAA’s rules and filing instructions are available at www.adr.org or by calling the AAA. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum by mutual agreement, or a court will appoint one.

Arbitrator: A single, neutral arbitrator will resolve the dispute. The arbitrator will be an attorney licensed to practice law or a retired judge, chosen according to the AAA’s rules. The arbitrator has the authority to determine jurisdiction and arbitrability, including whether this arbitration clause is enforceable and applicable to the dispute at hand.

Starting an Arbitration: To begin an arbitration, you or Pebbo must do the following:

1. Write a Demand for Arbitration. The demand must include a brief description of the dispute, the amount of money sought (if any), and the name and address of the party demanding arbitration. You can find a copy of a Demand for Arbitration form on AAA’s website.
2. Send one copy of the demand to the other party. (If you are starting the arbitration, send to Pebbo at our registered address: XYSOFT LLC, Attn: Legal Department, 3400 Cottage Way, Ste G2 #30277, Sacramento, California 95825; if Pebbo is starting the arbitration, we will send to your address on file or a likely current address).
3. Send one copy of the demand and the appropriate filing fee to AAA (see AAA’s rules for the fee amount and address).

Pebbo will reimburse the filing fee for demands totaling less than $10,000 unless the arbitrator finds your claims to be frivolous or brought in bad faith.

Arbitration Location and Procedure: If you are a consumer, the arbitration hearing (if any – many disputes are resolved on papers or in telephonic hearings) will take place in a reasonably convenient location for both parties. If you and XYSOFT LLC do not agree on a location, the default location shall be Orange County, California (since our operations are based in California and these Terms are governed by California law). However, if you are a consumer and traveling to California would cause you undue hardship, you may request that the arbitration be conducted in your county of residence, or via videoconference/teleconference if in-person is not feasible.

The arbitration will be conducted in English. Each party will have the right to present evidence and arguments to the arbitrator. The arbitrator will issue a written decision explaining the findings and conclusions on which any award is based. The arbitrator’s decision is binding and can be enforced in any court of competent jurisdiction.

Arbitration Costs: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will abide by any requirement under applicable law or the AAA rules to pay your portion of the arbitration fees (for example, AAA rules often limit consumer fees to a small amount, like $200, for claims under a certain amount, with the business paying the rest). If your claim is for $10,000 or less and you are a consumer, Pebbo will pay all filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief you seek was frivolous or brought for an improper purpose (under the standards of Federal Rule of Civil Procedure 11(b)). In that case, the allocation of fees will be as provided by AAA rules (and you may be required to reimburse Pebbo for amounts Pebbo paid on your behalf).

Each party is responsible for their own attorneys’ fees and costs unless the arbitrator awards such fees and costs to the prevailing party under applicable law (e.g., some statutes provide for recovery of attorneys’ fees for the winning party).

Exceptions to Arbitrate: Either party may assert claims, if they qualify, in small claims court in Orange County, California or in any U.S. county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration. Also, disputes not subject to arbitration as a matter of law or by agreement of the parties are exempt from this arbitration agreement.

Opt-Out Right: You may opt out of this arbitration agreement by sending a clear written statement to us at XYSOFT LLC, Attn: Legal Department, 3400 Cottage Way, Ste G2 #30277, Sacramento, CA 95825, USA that includes: (a) your name, (b) your Pebbo account email or username, and (c) a clear statement that you want to opt out of the arbitration agreement. You must send this opt-out notice within 30 days of the date you first agreed to these Terms (unless a longer period is required by applicable law). If you opt out, the dispute resolution provisions of Section 12 will not apply to you, but the rest of these Terms will continue to apply.

We will not retaliate against you for opting out of arbitration. If you opt out, we will not be bound by the arbitration provisions either. (Opting out of arbitration has no effect on any previous or future arbitration agreements you may have with us.)

Arbitration Confidentiality: You and Pebbo agree to keep the arbitration proceedings and any arbitration award confidential, except as may be necessary to prepare for or conduct the arbitration, or as may be required by law or court order.

If any portion of this Section 12 (other than the class action waiver) is found to be unenforceable or unlawful, that provision shall be severable and the remainder of this Section 12 shall remain in effect.

13. Governing Law

Except to the extent superseded or preempted by U.S. federal law (for example, the Federal Arbitration Act governs the arbitration clause, and certain federal consumer protection or intellectual property laws might apply), these Terms and any Dispute between you and XYSOFT LLC are governed by the laws of the State of California, without regard to its conflict of laws principles, and applicable federal law (e.g., trademark laws, etc.).

This choice of California law is made because Pebbo’s operations are based in California and to provide consistency in interpretation of the Terms for all users nationwide. If you reside outside of the United States, you explicitly agree that California law will apply to the maximum extent permissible, and you waive any protection or rights under the laws of your jurisdiction that conflict with California law or these Terms (to the extent such a waiver is permitted).

Jurisdiction and Venue (If Not Arbitrated): In the event that the arbitration agreement is found not to apply to you or to a particular claim (and you have not opted out and the claim is not required to be arbitrated under these Terms), or if any proceeding occurs in court for enforcement of an arbitration award or for injunctive relief as allowed herein, then you and XYSOFT LLC agree that any judicial proceeding (other than in small claims court) will be brought in the state or federal courts of Orange County, California, unless such a court would lack jurisdiction, in which case the nearest appropriate court in California will be used. Both you and XYSOFT LLC consent to venue and personal jurisdiction in such courts. You also agree to waive any defense of inconvenient forum as to the venue of any litigation brought in accordance with this paragraph.

If you are a consumer residing in a state that prohibits enforcement of a California choice-of-law clause for consumer contracts in certain circumstances, then nothing in this Section 13 shall deprive you of the protections of the laws of your state of residence which are mandated by that state’s law.

14. Termination and Suspension

By You: You are free to stop using Pebbo at any time. You may delete your account through the app’s settings (if available) or by contacting customer support with a request to delete your account. Account deletion may not be immediate; we will process it as soon as practicable. Upon account deletion, you will lose access to any data or content (like your saved messages or listings) associated with your account, and you will no longer be able to log in. Note that even if you delete your account, content you shared with others (for example, messages or reviews you gave) may still be visible to them, and we may retain certain information as required by law or for legitimate business purposes (see our Privacy Policy for details on data retention).

By Pebbo: We reserve the right to suspend or terminate your account or access to the Services at any time, for any or no reason, with or without prior notice. We might do this if, for example, we believe you have violated these Terms, engaged in fraudulent activity, provided false information, or acted in a way that could harm other users or Pebbo’s reputation. We might also suspend your account while investigating suspected misconduct. If your account is suspended or terminated, you agree not to create another account without our permission.

Consequences of Termination:

• If you have any ongoing transactions when your account is terminated, we may attempt to unwind or cancel those transactions where possible (for example, if you sold an item and we terminated your account for fraud, we might cancel the sale and refund the buyer). However, Pebbo assumes no responsibility for completing transactions that were not completed prior to termination.
• Any funds in your account that are pending (such as sale proceeds or Lock Fees) may be frozen or held until we determine what to do (e.g., refund buyers or allow a cooling period for disputes). If we terminate you for cause (like illegal conduct or policy violations), you may forfeit certain funds, particularly if they were obtained through wrongdoing or if needed to compensate affected parties.
• Pebbo shall not be liable to you or any third party for the termination of your account or access to our Services. After termination, the provisions of these Terms that by their nature should survive will survive (such as arbitration, indemnities, disclaimers, limitation of liability, etc.).

Appeals: If you believe your account was suspended or terminated in error, you may contact us via our support channels to request a review. We will, in good faith, consider your request and may restore your account if we find the suspension was unwarranted. However, we are not obligated to provide reinstatement and our decisions are final.

Account Inactivity: We reserve the right to terminate accounts that have been inactive for an extended period (for example, over 1 year without login or activity), especially if they have never completed a transaction. We will generally attempt to notify you at the email on file before terminating for inactivity. If terminated for inactivity, you can likely re-register if you choose to return.

15. Miscellaneous Provisions

Entire Agreement: These Terms (including any documents incorporated by reference, such as the Privacy Policy and any additional policies or rules communicated to you) constitute the entire agreement between you and XYSOFT LLC regarding the Services. They supersede all prior understandings or agreements (oral or written) regarding the same subject matter. Any additional or different terms you may propose (for example in correspondence) are rejected and will not apply unless XYSOFT LLC explicitly agrees in writing.

No Waiver: XYSOFT LLC’s failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or of the right to enforce it in the future. Similarly, acceptance of payments by XYSOFT LLC, or failure to act immediately in response to a violation by you or others, does not waive our right to take action in the future. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of XYSOFT LLC.

Severability: If any provision of these Terms is held by an arbitrator or a court of competent jurisdiction to be invalid, void, or unenforceable, then that provision shall be severed from these Terms, and the remaining provisions will continue in full force and effect. The invalid provision will be modified or interpreted (by the arbitrator/court) so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the same for the Terms as a whole.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Any attempt by you to assign without consent will be null. XYSOFT LLC may freely assign or transfer these Terms (in whole or in part) as part of a merger, acquisition, sale of assets, or by operation of law, or otherwise at our discretion. These Terms shall inure to the benefit of and bind the parties’ permitted successors and assigns.

No Agency: No joint venture, partnership, employment, or agency relationship exists between you and XYSOFT LLC as a result of these Terms or your use of the Services. You are not authorized to make any representations or bind XYSOFT LLC in any way. You act on your own behalf and for your own benefit.

Third-Party Beneficiaries: Except as expressly provided in these Terms, there are no third-party beneficiaries to these Terms. For example, even though our payment processor Stripe is mentioned and protected by certain disclaimers, Stripe is not a party to this agreement and has no obligations under it. (This clause does not affect any rights or remedies of any third party under any separate agreements with you, such as Stripe’s own terms with you.)

Final Interpretation: XYSOFT LLC shall have sole and final discretion in interpreting these Terms and any related rules or policies (including those relating to features, fees, disputes, enforcement, or operational decisions).

Notices: XYSOFT LLC may provide notices to you by email (to the address associated with your account), through the Services (for example, a notification in the app), or by physical mail or courier (if you provided a mailing address or if such address is available via records). You are responsible for ensuring your contact information is up-to-date. Notices sent by email or app notification are deemed received on the day sent, unless the sending party receives an error that the message was not delivered. Notices by mail are deemed received on the fifth business day after mailing within the U.S., or on receipt if sent by courier or certified mail with return receipt. You may contact us or send official notices to us at:

XYSOFT LLC

Attn: Legal Department

3400 Cottage Way, Ste G2 #30277

Sacramento, California 95825

United States

Email: xiao.tan@xysoft.co

Headings and Interpretation: Section headings in these Terms are for convenience only and have no legal or contractual effect. Words like “including” are to be read as “including without limitation.” The word “will” is equivalent to “shall” or “must” and indicates an obligation. These Terms were written in English; translations (if any) are for reference only. If there is any conflict between the English version and a translated version, the English version controls.

Changes to Services: Pebbo reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. For example, we might change features, introduce new features, impose limits, or shut down the app for maintenance. You agree that Pebbo will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

Survival: Any provision of these Terms that by its nature should survive termination (including, but not limited to, provisions regarding arbitration, class action waiver, governing law, indemnification, disclaimers, limitation of liability, and any licenses granted by users to Pebbo) shall survive any termination or expiration of these Terms and/or the termination of your use of the Services.

Contact Information: If you have any questions about these Terms or need to contact Pebbo for any reason, please contact our support team through the app or via email at xiao.tan@xysoft.co. For legal notices or inquiries, you may use the address provided above in Notices.

Acknowledgment: By using the Pebbo Services, you acknowledge that you have read these Terms, understand them, and agree to be bound by them. If you are using the Services on behalf of a business or other entity, you represent that you have authority to bind that entity, and “you” in these Terms will refer to both you as an individual and that entity.

Thank you for reading our Terms of Service. We value the trust and safety of our community and appreciate your cooperation in making Pebbo a reliable marketplace for everyone. Happy buying and selling on Pebbo!