Unbuilt Terms of Service

Effective Date: April 15, 2026

Welcome to Unbuilt. These Terms of Service ("Terms") are a legal agreement between you and Unbuilt, Inc., a Delaware corporation ("Unbuilt," "we," "us," or "our"). They govern your access to and use of unbuilt.co and any related services, applications, or tools (collectively, the "Platform").

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

We may update these Terms from time to time. Your continued use of the Platform after changes are posted constitutes acceptance of those changes. See Section 17 for details.

Acceptance of Terms
About Unbuilt
Using Unbuilt
Listings and Transactions
Building Materials Disclaimer
Seller Terms
Fees and Taxes
Content License
Intellectual Property
Communications
Privacy
No Warranty / Disclaimer
Limitation of Liability
Indemnification
Release
Arbitration and Dispute Resolution
Modification of Terms
Termination
General Provisions
Contact Information

1. Acceptance of Terms

By creating an account, browsing listings, purchasing items, listing items for sale, or otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms and policies referenced herein. If you do not agree to these Terms, you may not use the Platform.

If you are using the Platform on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" include both you individually and that entity.

2. About Unbuilt

Unbuilt is an online marketplace for surplus, overstock, salvaged, and new construction and building materials. We connect sellers — including designers, contractors, homeowners, dealers, and manufacturers — with buyers looking for building products.

Unbuilt as a Marketplace Facilitator

Unbuilt operates as a marketplace platform that facilitates connections and transactions between buyers and sellers. Unbuilt does not own the goods listed on the Platform, and does not independently warrant them. Payments collected by Unbuilt are collected on behalf of the seller and distributed to the seller in accordance with the seller's account terms or applicable agreement, less any applicable fees.

To support transactions, Unbuilt may provide optional services to buyers and sellers, including:

Listing creation and enhancement (such as supplementing seller-provided descriptions, photos, or specifications)
Pricing guidance or price-setting assistance
Payment processing and collection on behalf of sellers
Storage and warehousing of sellers' goods
Logistics coordination, including shipping and delivery arrangements
Fulfillment coordination on behalf of sellers
Customer service and communication facilitation

What Unbuilt Does Not Do

Unbuilt does not:

Own, manufacture, or distribute the goods listed on the Platform
Independently warrant or guarantee the condition, quality, authenticity, safety, or legality of any item
Guarantee the identity, qualifications, or authority of any user
Guarantee that any transaction will be completed
Provide construction, engineering, or code compliance advice
Act as a broker, agent, or contractor unless expressly stated

3. Using Unbuilt

Eligibility

You must be at least 18 years of age and able to form a legally binding contract to use the Platform. By using the Platform, you represent and warrant that you meet these requirements.

Account Registration

You may need to create an account to access certain features. When you create an account, you agree to:

Provide accurate, current, and complete information
Keep your account information up to date
Maintain the security of your password and account
Accept responsibility for all activity that occurs under your account
Notify us immediately of any unauthorized use of your account

You may not transfer your account to another person without our prior written consent.

Definitions

"Seller" means any user who lists items for sale on the Platform or who has items listed on the Platform on their behalf.
"Buyer" means any user who purchases or commits to purchase items through the Platform.

A single user may act as both a Buyer and a Seller.

Prohibited Conduct

You agree not to:

Violate any applicable law, regulation, or third-party rights
Use the Platform for any fraudulent, deceptive, or misleading purpose
List items that are illegal to sell, hazardous without proper disclosure, stolen, or counterfeit
Misrepresent the condition, specifications, provenance, or any material characteristic of a listed item
Manipulate listings, search results, reviews, or feedback through artificial means
Interfere with or disrupt the Platform, its servers, or connected networks
Scrape, crawl, or harvest data from the Platform without our written consent
Use the Platform to distribute spam, malware, or unsolicited communications
Circumvent any technical measures we use to provide or protect the Platform
Create multiple accounts to evade enforcement actions, fees, or limits
Attempt to buy or sell outside the Platform to avoid applicable fees or protections after initiating a transaction on the Platform

We reserve the right to suspend or terminate accounts that violate these Terms, at our sole discretion.

4. Listings and Transactions

Listing Information

All listings on the Platform describe items based on information provided by the seller. In some cases, Unbuilt may supplement seller-provided information with additional descriptions, photos, specifications, or other content to enhance listings. Unbuilt does not independently verify the accuracy, completeness, or reliability of listing information.

Buyer Responsibilities

When you purchase an item through the Platform, you acknowledge that:

You are purchasing, directly or indirectly, from the originating seller, not from Unbuilt
You are responsible for reviewing listing details, including descriptions, specifications, photos, condition disclosures, and any stated terms, before committing to a purchase
You should contact the seller (or Unbuilt, where Unbuilt is facilitating communication) with any questions before purchase
Return and refund terms for items purchased through the Platform are as specified in the applicable listing, checkout process, or Unbuilt's Return Policy, as may be updated from time to time

Seller Responsibilities

When you submit information about items to be listed on the Platform, you are responsible for:

The accuracy of all listing information, including descriptions, specifications, dimensions, photos, condition reports, and pricing
Complying with all applicable laws related to the sale of the items
Fulfilling transactions as agreed, including any applicable packaging and delivery obligations
Responding to buyer inquiries and resolving issues in good faith

Additional seller terms are set forth in Section 6 (Seller Terms).

Transaction Process

To facilitate transactions between buyers and sellers, depending on the listing and the services selected, Unbuilt may:

Process payment from the buyer on behalf of the seller
Coordinate shipping, delivery, or pickup
Facilitate communication between buyer and seller
Provide storage or fulfillment services

Third-Party and External Listings

Some listings on the Platform may direct you to external websites operated by third parties. When you click through to an external site:

You are leaving the Unbuilt Platform
The external site's own terms, policies, and checkout process apply
Unbuilt is not a party to any transaction completed on an external site
Unbuilt does not guarantee the accuracy, availability, or quality of items listed on external sites

Construction Materials — All Transactions

Regardless of the transaction, the following applies to all construction and building materials available through the Platform:

Construction materials carry inherent risks related to compatibility, installation, and performance
Buyers are solely responsible for verifying that materials are suitable for their intended application
Listings describe items based on information provided by the seller, and no listing constitutes a guarantee of fitness for any particular use
See Section 5 (Building Materials Disclaimer) for additional important terms

5. Building Materials Disclaimer

This section contains important terms specific to the nature of the goods available on the Unbuilt Platform. Please read it carefully.

No Warranty of Fitness

Unbuilt does not warrant or represent that any item listed on the Platform is suitable for any particular construction application, project, design, or use. Building materials vary widely in composition, performance characteristics, age, and condition. What works in one application may be unsuitable or unsafe in another.

No Guarantee of Code Compliance

Building codes, permit requirements, and material standards vary by jurisdiction and change over time. Unbuilt makes no representation that any item listed on the Platform complies with the building codes, zoning requirements, permit conditions, or material standards applicable in your jurisdiction. It is your sole responsibility to determine whether a material is permitted for use in your project under applicable local, state, and federal law.

Specifications and Descriptions

Listing descriptions, including dimensions, material composition, weight, finish, age, condition, and performance characteristics, are provided by the seller. Even where Unbuilt has supplemented or enhanced listing information, such supplemental content is based on seller-provided information and does not constitute an independent verification or warranty by Unbuilt.

Buyers should:

Independently verify all specifications, dimensions, and material properties before purchase
Consult a qualified professional (architect, engineer, contractor, or building official) if there is any question about suitability, load capacity, code compliance, or safety
Request additional information, photos, or documentation from the seller before committing to a purchase

Condition of Surplus and Used Materials

Unless a listing explicitly states that an item is new and unused, items on the Platform may be surplus, overstock, salvaged, reclaimed, open-box, or previously used. Such items are sold "as described in the listing" and not "as new." They may show signs of age, wear, prior installation, or storage. Cosmetic or functional imperfections that are not disclosed in the listing should be raised with the seller (or with Unbuilt, where Unbuilt is facilitating the transaction) before or promptly after delivery.

Assumption of Risk

BY PURCHASING CONSTRUCTION OR BUILDING MATERIALS THROUGH THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT:

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY MATERIAL IS SUITABLE, SAFE, AND LEGALLY PERMITTED FOR YOUR INTENDED USE
YOU ASSUME ALL RISK ASSOCIATED WITH THE SELECTION, PURCHASE, TRANSPORTATION, STORAGE, INSTALLATION, AND USE OF ANY MATERIALS OBTAINED THROUGH THE PLATFORM
UNBUILT IS NOT LIABLE FOR ANY DAMAGE, INJURY, OR LOSS ARISING FROM THE USE OR MISUSE OF MATERIALS PURCHASED THROUGH THE PLATFORM, WHETHER USED IN ACCORDANCE WITH OR CONTRARY TO ANY LISTING DESCRIPTION

6. Seller Terms

This section applies to you when you list items for sale on the Platform or have items listed on the Platform on your behalf. These terms are in addition to all other provisions of these Terms of Service. If you have entered into a separate written agreement with Unbuilt (such as a seller agreement, consignment agreement, or similar arrangement), the terms of that separate agreement will supplement these Seller Terms, and in the event of a conflict, the separate agreement will control.

Right to Sell

By listing items on the Platform (or authorizing Unbuilt to list items on your behalf), you represent and warrant that:

You are the owner of the items, or you have the legal right and authority to sell them
The items are free of any liens, encumbrances, or third-party claims that would prevent or restrict their sale
You grant Unbuilt a non-exclusive right to display, market, and facilitate the sale of your items on the Platform, including the right to use photos, descriptions, and other listing content you provide

Listing Accuracy

You are responsible for the accuracy of all information about your items, including condition, dimensions, specifications, descriptions, and any other material details. If Unbuilt assists you with listing creation — including drafting descriptions, taking photos, or supplementing information — you remain responsible for the accuracy of the underlying representations about your items. You should review any listing content before it goes live and promptly notify Unbuilt of any errors or inaccuracies.

Authenticity and Condition

You certify that all items you list are authentic and that you have accurately and completely disclosed all known condition issues, defects, damage, or material imperfections. You must not misrepresent the origin, age, manufacturer, material composition, or any other characteristic of an item.

Pricing

You will typically set prices for your items. If you opt in to Unbuilt-managed pricing, as part of your specific Seller agreement with us, you acknowledge that Unbuilt may set or adjust listing prices at its discretion, and that prices will likely be lower than the original retail price, and may change from time to time to encourage buyer interest.

Fees and Payments

Sellers may be subject to fees, commissions, or revenue-sharing arrangements as specified in the Platform, in your account settings, or in a separate agreement with Unbuilt.

Cancellation and Withdrawal

You may cancel or withdraw items from listing before they are sold, subject to any applicable terms in your agreement with Unbuilt. Once an item has been sold, you are obligated to fulfill the transaction in accordance with the listing terms and these Terms of Service, unless otherwise agreed with the buyer or with Unbuilt.

Storage and Logistics

Should you engage with Unbuilt to provide storage, warehousing, or logistics services for your items, Unbuilt will use commercially reasonable care in handling your goods. However, Unbuilt is not an insurer of goods in its custody. Liability for loss of or damage to items while in Unbuilt's care is limited as specified in your applicable agreement with Unbuilt. You are responsible for maintaining adequate insurance on your items.

Abandonment

If Unbuilt stores items on your behalf, is unable to sell them within 1 year, and is unable to contact you using the contact information on file for a period of six (6) months or more, your items may be deemed abandoned and handled in accordance with the terms of your applicable agreement with Unbuilt and applicable law.

Contact and Responsiveness

You must keep your contact information current and accurate at all times. You agree to respond to communications from Unbuilt and from buyers in a timely manner. Failure to maintain current contact information or respond to communications may result in delisting of your items, suspension of your account, or other actions at Unbuilt's discretion.

Compliance with Law

You are solely responsible for complying with all applicable laws, regulations, and industry standards related to the sale of your items, including any licensing, permitting, disclosure, or consumer protection requirements.

Seller Indemnification

In addition to the general indemnification obligations in Section 14, you agree to indemnify, defend, and hold harmless Unbuilt and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your items, including any claims related to their condition, quality, safety, authenticity, or fitness for use
Your listing content and representations
Your breach of any warranty or representation in these Seller Terms
Any claim that items you sold caused personal injury, property damage, or violated applicable law

This indemnification obligation survives termination of these Terms and your use of the Platform.

7. Fees and Taxes

Platform Fees

Unbuilt reserves the right to charge fees for use of the Platform and its services, including listing fees, transaction fees, commission fees, service fees, or other charges. The applicable fees for any service will be disclosed to you before you incur them, whether through the Platform, your account settings, or a separate agreement.

Unbuilt reserves the right to introduce, modify, or discontinue fees for any feature or service on the Platform at any time. If we introduce new fees or change existing fees, we will provide advance notice through the Platform or by email. Your continued use of the affected feature or service after the fee change takes effect constitutes acceptance.

Taxes

You are responsible for determining and paying all taxes applicable to your transactions on the Platform, including sales tax, use tax, value-added tax, and income tax.

Where required by law, Unbuilt may collect and remit sales tax or other transaction taxes on behalf of sellers. In such cases, the applicable tax will be displayed during checkout. Unbuilt's collection and remittance of taxes does not constitute tax advice. Consult a tax professional for guidance on your specific obligations.

8. Content License

Your Content

"Your Content" means any text, photos, images, videos, descriptions, reviews, messages, or other materials you submit, post, or transmit through the Platform.

You retain ownership of Your Content. However, by submitting Your Content to the Platform, you grant Unbuilt a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from Your Content in connection with operating, promoting, and improving the Platform. This license continues even if you stop using the Platform, to the extent Your Content has been shared with or relied upon by other users or incorporated into the Platform's operations (for example, cached listings or transaction records).

You represent and warrant that:

You own or have the necessary rights and permissions to submit Your Content
Your Content does not infringe the intellectual property, privacy, or other rights of any third party
Your Content is accurate and not misleading

Unbuilt's Right to Remove Content

We may remove or disable access to any content that we believe, in our sole discretion, violates these Terms, infringes third-party rights, or is otherwise objectionable. We are not obligated to monitor all content but reserve the right to do so.

9. Intellectual Property

Unbuilt's Intellectual Property

The Platform, including its design, text, graphics, logos, icons, software, and all other content created by Unbuilt, is the property of Unbuilt or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the Platform without our prior written consent.

"Unbuilt," the Unbuilt logo, and other Unbuilt marks are trademarks of Unbuilt, Inc. You may not use our trademarks without prior written permission.

Copyright Infringement (DMCA)

Unbuilt respects the intellectual property rights of others. If you believe that content on the Platform infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent:

DMCA Agent
Unbuilt, Inc.
Email: customer_support@unbuilt.co
Subject line: DMCA Takedown Notice

Your notice must include:

Identification of the copyrighted work you believe is infringed
Identification of the material on the Platform that you believe is infringing, with enough detail for us to locate it
Your contact information (name, address, phone number, email)
A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf
Your physical or electronic signature

We will respond to valid DMCA notices in accordance with applicable law, which may include removing or disabling access to the allegedly infringing material.

Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification to the DMCA Agent above, including:

Identification of the material that was removed and its location before removal
A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
Your name, address, and phone number, and a statement that you consent to the jurisdiction of the federal court in your district and will accept service of process from the person who filed the original DMCA notice
Your physical or electronic signature

10. Communications

By creating an account or using the Platform, you consent to receive communications from Unbuilt, including:

Transactional messages related to your account, listings, purchases, or inquiries
Service announcements and administrative messages
Marketing and promotional messages about Unbuilt, its features, and related products or services

You may opt out of marketing communications at any time by using the unsubscribe link in any marketing email or by contacting us at customer_support@unbuilt.co. Opting out of marketing communications does not affect transactional or administrative messages, which are necessary for the operation of your account.

11. Privacy

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and share your personal information. By using the Platform, you acknowledge that you have read and understand the Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

12. No Warranty / Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL CONTENT, MATERIALS, INFORMATION, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

UNBUILT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE
ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR LISTING ON THE PLATFORM
ANY WARRANTY REGARDING THE QUALITY, SAFETY, LEGALITY, OR SUITABILITY OF ANY ITEM LISTED ON THE PLATFORM

WITHOUT LIMITING THE FOREGOING, UNBUILT DOES NOT OWN THE GOODS LISTED ON THE PLATFORM AND MAKES NO WARRANTY THAT ANY CONSTRUCTION OR BUILDING MATERIAL AVAILABLE THROUGH THE PLATFORM IS FIT FOR ANY PARTICULAR PURPOSE, COMPLIANT WITH ANY BUILDING CODE OR STANDARD, OR SUITABLE FOR ANY SPECIFIC APPLICATION. EVEN WHERE UNBUILT PROVIDES SERVICES SUCH AS STORAGE, LOGISTICS, PAYMENT PROCESSING, OR LISTING ASSISTANCE, UNBUILT DOES NOT INDEPENDENTLY WARRANT THE PRODUCTS THEMSELVES. SEE SECTION 5 (BUILDING MATERIALS DISCLAIMER) FOR ADDITIONAL TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

UNBUILT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF UNBUILT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL UNBUILT'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO UNBUILT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.

THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS RELATED TO:

THE CONDITION, QUALITY, SAFETY, OR LEGALITY OF ANY ITEM LISTED ON OR PURCHASED THROUGH THE PLATFORM
THE ACCURACY OF ANY LISTING DESCRIPTION OR SPECIFICATION
ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE USE OF MATERIALS OBTAINED THROUGH THE PLATFORM
ANY DISPUTE BETWEEN USERS OF THE PLATFORM
ANY SERVICES PROVIDED BY UNBUILT IN CONNECTION WITH A TRANSACTION, INCLUDING STORAGE, LOGISTICS, PAYMENT PROCESSING, OR FULFILLMENT COORDINATION

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

14. Indemnification

You agree to indemnify, defend, and hold harmless Unbuilt, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use of the Platform
Your violation of these Terms
Your violation of any applicable law or regulation
Your Content
Any transaction you enter into through the Platform, including any dispute with another user
Any claim that materials you sold, listed, installed, or used (or recommended for use) caused personal injury, property damage, or code violations
Your infringement of any third party's intellectual property, privacy, or other rights

This indemnification obligation survives termination of these Terms and your use of the Platform.

15. Release

If you have a dispute with another user of the Platform, you release Unbuilt (and its officers, directors, employees, agents, and affiliates) 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.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

"A general release does not extend to claims that 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 by him or her, would have materially affected his or her settlement with the debtor or released party."

You acknowledge that this waiver is an essential term of these Terms and that without it, Unbuilt would not provide the Platform to you.

16. Arbitration and Dispute Resolution

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.

Informal Resolution

Before filing any formal proceeding, you agree to try to resolve any dispute with Unbuilt informally. You may contact us at customer_support@unbuilt.co with a written description of your claim, including your name, account information, and the relief you seek. We will try to resolve the dispute within thirty (30) days. If the dispute is not resolved within that period, either party may proceed as described below.

Binding Arbitration

If a dispute is not resolved informally, you and Unbuilt agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (including the formation, interpretation, breach, or termination of these Terms) will be resolved exclusively through binding individual arbitration, except as provided below. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. ss. 1-16) and applies regardless of your state of residence.

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which are available at www.adr.org. If AAA is unavailable, the parties will select an alternative arbitral forum.

The arbitration will be conducted by a single arbitrator. The arbitrator will have exclusive authority to resolve all issues, including the scope and enforceability of this arbitration provision.

Class Action Waiver

YOU AND UNBUILT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

Batch Arbitration

If fifteen (15) or more similar arbitration demands are filed against Unbuilt within a ninety (90) day period, the parties agree that they constitute a "batch." In that case:

The AAA (or alternative forum) will group the claims into batches of no more than fifty (50) claims each
One claim from each batch will be selected as a bellwether case and proceed to individual arbitration
All other claims in the batch will be stayed pending resolution of the bellwether case
After the bellwether case is resolved, the parties will attempt to resolve the remaining claims based on the bellwether outcome. Any claims not resolved will proceed to individual arbitration in subsequent batches.

Small Claims Court Exception

Either party may bring an individual claim in small claims court if the claim falls within that court's jurisdictional limits and the claim remains on an individual (non-class) basis.

Opt-Out

You may opt out of this arbitration provision by sending a written notice to customer_support@unbuilt.co within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, you and Unbuilt retain all rights to pursue claims in court.

Governing Law

These Terms and any dispute arising out of or relating to them are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. If the arbitration provision is found unenforceable as to a particular claim, that claim may be brought in a court of competent jurisdiction in the State of Delaware.

17. Modification of Terms

Unbuilt may modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Platform with a revised effective date and, where practicable, by sending you an email or in-app notification.

Your continued use of the Platform after the revised Terms take effect constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Platform.

Material changes will not apply retroactively to disputes that arose before the changes were posted, unless otherwise required by law.

18. Termination

By You

You may stop using the Platform and close your account at any time by contacting us at customer_support@unbuilt.co.

By Unbuilt

We may suspend or terminate your account or access to the Platform at any time, with or without cause and with or without notice, including if we reasonably believe that:

You have violated these Terms
Your conduct creates risk or legal exposure for Unbuilt or other users
Your account has been inactive for an extended period
We are required to do so by law

Effect of Termination

Upon termination:

Your right to use the Platform ceases immediately
Provisions of these Terms that by their nature should survive will survive, including Sections 5, 6, 8, 9, 12, 13, 14, 15, 16, and 19
Unbuilt is not liable to you for any termination of your access to the Platform
Any pending transactions at the time of termination will be handled at Unbuilt's reasonable discretion
If you are a seller with items stored by Unbuilt, you must arrange for retrieval of your items within thirty (30) days of termination, subject to the terms of your applicable agreement

19. General Provisions

Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly referenced herein (such as a separate seller agreement), constitute the entire agreement between you and Unbuilt regarding the Platform and supersede all prior or contemporaneous agreements, representations, and understandings.

Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

No Waiver

Unbuilt's failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Unbuilt. You may not represent yourself as an agent or representative of Unbuilt.

Assignment

You may not assign or transfer these Terms or any rights under them without Unbuilt's prior written consent. Unbuilt may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Force Majeure

Unbuilt is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, internet or infrastructure failures, or pandemics.

Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

Survival

Obligations and rights that by their nature should survive termination of these Terms will survive, including indemnification, limitation of liability, dispute resolution, and any accrued obligations.

20. Contact Information

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

Unbuilt, Inc.
Email: customer_support@unbuilt.co
Website: unbuilt.co

These Terms of Service were last updated on April 3, 2026.