These Terms and Conditions (the "Terms") constitute a binding legal agreement between you and CapStacks ("CapStacks," "we," "us," or "our") governing your access to and use of the CapStacks mobile application and website (collectively, the "Platform" or "Services").
BY CREATING AN ACCOUNT, CLICKING "I AGREE," OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
We may update these Terms at any time. Material changes will be communicated by email to your registered address and/or by prominent in-app notice at least 30 days before taking effect. Your continued use of the Services after the effective date of any update constitutes acceptance of the revised Terms.
You must be at least 13 years of age to create a CapStacks account or use any feature of the Services. By creating an account, you represent and warrant that you are at least 13 years old. Users between the ages of 13 and 17 may use collection tracking features only. If you are under 13, you may not use the Services under any circumstances.
You must be at least 18 years of age to access or use any Marketplace feature, including buying, selling, or trading hats. By using Marketplace features, you represent and warrant that you are 18 years of age or older. Users under 18 may not use Marketplace features under any circumstances, including with parental consent.
You must create an account to use the Services. You agree to provide accurate, current, and complete information at registration and to keep your account information up to date. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
Each person may maintain only one account. Creating multiple accounts to circumvent bans, avoid fees, or manipulate reputation scores is a material breach of these Terms and grounds for immediate termination of all associated accounts.
If you misrepresent your age to gain access to Marketplace features, you indemnify and hold harmless CapStacks from any and all claims, damages, losses, or liability arising from that misrepresentation. CapStacks reserves the right to terminate your account immediately upon discovering any age misrepresentation.
CapStacks is a marketplace facilitator. We provide the technology, payment infrastructure, shipping logistics, and dispute resolution framework that enables transactions between buyers, sellers, and traders. CapStacks is not a buyer, seller, or party to any transaction between users. We do not own, inspect, authenticate, grade, or guarantee any item listed on the Platform.
Listing an item on the Platform does not constitute any endorsement, authentication, or verification of that item by CapStacks. The Platform's condition grading system is self-reported by sellers. CapStacks does not independently verify hat condition, authenticity, or any other seller representation.
Each seller is solely responsible for the accuracy, completeness, and legality of their listings, including all descriptions, photos, condition grades, and other representations about items offered for sale or trade.
CapStacks provides tools for logging and organizing your personal hat collection, including hat details, condition, photos, wear logs, Stacks, and Locations. These features are provided for your personal, non-commercial use. Collection data is private by default; you may choose to make certain data public through the per-item visibility settings described in our Privacy Policy.
Wear logs you mark as public will be visible to other users through the community Explore feed and your public profile. You are responsible for ensuring that any photos or information you share publicly do not contain personal information you do not wish to disclose.
Sellers may list hats for sale by setting an asking price, providing a description, and uploading photos. Listings are evergreen — they remain active until the item sells, the seller removes the listing, or the account is terminated. CapStacks reserves the right to remove any listing that violates these Terms without notice.
A buyer may purchase at the listed asking price or submit an offer below asking price. A seller may accept or decline any offer. No binding transaction occurs until the seller accepts an offer and both parties complete the required verification steps. A seller's acceptance of an offer creates a binding obligation to ship the item as described.
Before a sale transaction may proceed, the seller must complete identity verification through Stripe Connect. The buyer's shipping address is withheld from the seller until verification is confirmed. If the seller does not complete verification within the required window, the transaction is automatically cancelled and any payment authorization is released.
CapStacks generates a prepaid USPS shipping label via EasyPost on behalf of the seller once verification and payment are complete. CapStacks is the shipper of record. EasyPost insurance is included on all shipments. Sellers must ship using the CapStacks-generated label only — arranging independent shipment outside the Platform voids all seller protections and constitutes a breach of these Terms.
Sellers must ship within 72 hours of label generation. If no USPS acceptance scan is detected within 72 hours of label generation, CapStacks will flag the transaction, notify the buyer, and may initiate an automatic refund in accordance with Section 9.
Seller funds are held by Stripe and released upon confirmed USPS acceptance scan, as recorded by EasyPost tracking data. The acceptance scan — CapStacks's confirmation that the item has entered the USPS system — is the triggering event for Stripe payment capture and seller payout. Funds are then disbursed to the seller's connected bank account on Stripe's standard payout schedule. CapStacks is not responsible for delays attributable to Stripe or the seller's financial institution.
CapStacks reserves the right to claw back seller funds, including by reversing a Stripe transfer, if a dispute is subsequently upheld in the buyer's favor. By accepting a payout triggered by an acceptance scan, the seller acknowledges that such funds remain subject to recovery if a valid buyer dispute is determined by CapStacks in accordance with Section 8.
A trade is a peer-to-peer exchange in which both parties simultaneously act as buyer and seller. Both parties must ship a hat to the other. Neither party receives compensation in the form of a monetary hat price; each party pays only the fees described in Section 6.2.
Before a trade may proceed, both parties must complete identity verification through Stripe Connect. Shipping addresses are withheld from both parties until both have completed verification and paid their respective fees. If either party fails to complete verification within the required window, the trade is automatically cancelled and all fees are refunded.
Prepaid USPS shipping labels for both sides of a trade become available once both parties have paid their fees and completed verification. Each party independently generates their label through the app. Neither party's label is available until both parties have paid — this ensures equal commitment before either party ships.
Both traders must ship within 72 hours of label generation. CapStacks monitors USPS acceptance scans via EasyPost webhooks in real time.
When both parties to a trade have paid the confirmation fee and generated shipping labels, each party is required to hand their package to USPS within 72 hours of label generation.
If one party's shipment shows a USPS acceptance scan and the other's does not within 72 hours of label creation, CapStacks may take the following actions:
(a) The non-shipping party's CapStacks account will be immediately and permanently suspended;
(b) The non-shipping party's Stripe Connect account will be permanently closed;
(c) The non-shipping party forfeits their $13.90 trade confirmation fee, which is transferred to the shipping party as compensation;
(d) The shipping party receives a full refund of their own $13.90 trade confirmation fee;
(e) CapStacks reserves the right to report the incident to applicable authorities, including the USPS Postal Inspection Service and the FBI Internet Crime Complaint Center (IC3).
Trade non-shipment suspensions are not subject to appeal.
By accepting a trade offer and paying the trade confirmation fee, each party expressly acknowledges and agrees to these consequences.
If one party's package is delivered and the other party's package is lost in transit, the parties' remedies are as follows: the party whose package was lost pursues an EasyPost insurance claim (Section 10); the delivered party retains the hat they received. CapStacks will assist with the insurance claim process but is not liable for carrier loss.
By listing an item for sale or trade on the Platform, you represent and warrant that:
A seller's failure to meet any of these representations is grounds for dispute resolution under Section 8, platform fees forfeited, account strikes, and potential permanent suspension.
CapStacks provides an in-platform dispute resolution process for claims that a received item was not as described, was wrong, or was damaged. The process operates as follows:
CapStacks does not require buyers to return disputed items as a condition of receiving a refund. This policy reflects the platform's determination that requiring return shipment would create a second, unresolvable dispute about item condition upon return — which is a separate question from the original misrepresentation claim. Sellers whose dispute is upheld against them accept this outcome as part of the seller representations made in Section 7.
If CapStacks sides with the buyer: a full refund is issued to the buyer's original payment method. The buyer retains the hat. No return is required. The seller forfeits the sale price and the hat.
If CapStacks sides with the seller: the dispute is closed with no refund. The buyer retains the hat they paid for.
CapStacks's dispute decision is final and binding on both parties. There are no appeals, second rounds, or further review. Both parties, by using the Platform, agree to accept CapStacks's dispute decision as the final resolution of the in-platform claim.
All dispute communication occurs through structured in-platform forms. Neither party is required to provide the other's contact information during the dispute process. CapStacks does not facilitate or require direct contact between disputing parties.
The in-platform dispute process is separate from Stripe's chargeback and payment dispute process. If a buyer bypasses the in-platform process and files a chargeback directly with their card issuer, CapStacks will respond to the chargeback using all available evidence, including tracking data, identity verification records, system message logs, and pack photos. Buyers who file chargebacks without first using the in-platform dispute process may have their accounts suspended.
Disputes must be filed within 14 days of confirmed delivery as shown by EasyPost tracking data. Claims filed after this period will not be eligible for in-platform resolution. This limitation does not affect your rights under Stripe's chargeback process, which is governed by your card issuer's terms.
CapStacks monitors dispute patterns across all accounts. Buyers who file disputes at a rate or in a pattern that suggests bad faith — including repeated claims of misrepresentation across multiple transactions, or dispute behavior inconsistent with the platform's records of item condition and seller history — are subject to account suspension or permanent termination. Because CapStacks does not require return of disputed items, the no-return policy is conditioned on buyers using the dispute process honestly. Abuse of the dispute process to obtain refunds while retaining items constitutes fraud and a material breach of these Terms.
All sales and trade commitments are final once a seller accepts an offer and the buyer's payment is authorized. CapStacks does not offer a buyer-initiated cancellation flow. If you have an issue with a transaction after acceptance, your remedies are the in-platform dispute process (Section 8) and Stripe's chargeback process.
Sales. There is no seller-initiated cancellation flow. Once a buyer completes checkout, the seller has two sequential obligations:
CapStacks monitors both windows automatically. Sellers who accumulate two or more cancelled sales for failure to meet either deadline will have their account suspended. Suspended accounts may appeal by contacting appsupport@capstacksapp.com.
Trades. Trade shipping obligations and the consequences of non-shipment are governed by Section 6.6.
CapStacks may cancel a transaction if either party fails to complete identity verification within the required window, if a listing is found to violate these Terms, or if fraud is detected. In a platform-initiated cancellation: the buyer receives a full refund; platform fees are refunded to both parties.
Platform fees are non-refundable except as specified in Sections 9.2, 9.3, and in circumstances where CapStacks determines a refund is warranted in its sole discretion. Stripe payment processing fees are governed by Stripe's terms and may not be fully recoverable in all cancellation scenarios.
Trade fee refunds are governed by Section 6.6 (Non-Shipment) and Section 6.3 (verification failure). There is no self-service cancellation flow for trades after both parties have paid the confirmation fee.
If you believe extraordinary circumstances warrant a post-payment cancellation, contact CapStacks at appsupport@capstacksapp.com — such requests are reviewed at CapStacks's sole discretion and are not guaranteed. Shipping fees for labels already generated are non-refundable if the label has received a USPS acceptance scan.
CapStacks generates all shipping labels through EasyPost and is the shipper of record with USPS. Insurance claims for lost or damaged packages must be filed by CapStacks on behalf of the affected party. Individual users cannot file EasyPost insurance claims directly.
All shipments include EasyPost insurance coverage up to the declared value of the item. For sale shipments, CapStacks declares the hat's sale price as the insured amount. For trade shipments, CapStacks declares a platform-set value of fifty dollars ($50.00) (the "Trade Declared Value"). Payout under EasyPost insurance typically occurs within 7–10 business days of a verified claim.
For packages lost in transit, buyers must report the issue through the CapStacks app within 45 days of the USPS acceptance scan. CapStacks will file an EasyPost insurance claim on the affected party's behalf; claims cannot be filed until at least 15 days after the USPS acceptance scan, consistent with carrier requirements.
For packages damaged in transit, buyers must submit a damage report through the CapStacks app within thirty (30) days of delivery, including photographic documentation of both the damaged item and the original packaging. CapStacks will file an insurance claim with EasyPost on the buyer's behalf. All shipments are made via USPS Ground Advantage, which carries no built-in carrier insurance; all coverage is provided exclusively through EasyPost insurance up to the applicable declared value as defined in Section 10.2. CapStacks makes no guarantee of claim approval, which is determined solely by EasyPost in accordance with its claims policies. Failure to provide adequate photographic documentation of both the item and packaging may result in claim denial.
A seller's failure to produce a USPS acceptance scan is treated as non-shipment (Section 6.6), not a shipping loss. EasyPost insurance does not cover non-shipment — insurance covers packages that entered the USPS system and were subsequently lost or damaged. The distinction is material and governs which remedy applies.
EasyPost insurance covers packages through delivery confirmation. CapStacks is not responsible for theft, loss, or damage occurring after USPS records a delivered status. Buyers are responsible for ensuring a secure delivery location.
Sellers must accurately represent item value. Under-declaration of value will reduce insurance claim payouts proportionally. CapStacks's price history data may be used as a reference for reasonable declared values. Over-declaration of value for the purpose of collecting excess insurance proceeds may constitute insurance fraud and will result in immediate account termination and referral to applicable authorities.
The following items may not be listed, sold, or traded on the Platform under any circumstances:
Shipments may only contain the hat(s) described in the listing. Sellers and traders may not include any additional items in a shipment, including but not limited to hazardous materials, controlled substances, or any other unsolicited materials. CapStacks bears no responsibility for any items included in a shipment beyond the listed hat.
CapStacks reserves the right to remove any listing suspected of violating this Section, to suspend or terminate the associated account, and to report suspected violations to brand rights holders, law enforcement, or both. Sellers whose listings are removed for prohibited item violations forfeit all platform fees paid in connection with the removed listing.
You agree not to:
Violations of this Section may result in immediate account suspension or termination, forfeiture of pending funds, account strikes, and/or referral to law enforcement.
Marketplace features require identity verification through Stripe Connect. Stripe collects and holds identity data (including SSN last four digits and, where required by Stripe's risk algorithms or volume thresholds, full SSN and government ID). CapStacks does not receive, store, or have access to this data. Stripe's collection and use of your identity data is governed by Stripe's Privacy Policy.
Verification is a condition precedent to completing any sale or trade transaction. CapStacks does not guarantee that completing verification will result in approval — Stripe's verification decisions are made by Stripe independently. If Stripe does not approve your verification, you will not be able to complete sales or trades.
Successful completion of identity verification does not constitute CapStacks's endorsement, recommendation, or vouching of any user. Verification confirms identity for fraud deterrence and tax reporting purposes only.
CapStacks is committed to transparent fee disclosure. The total cost to the buyer, including all platform fees and payment processing charges, will be displayed before you confirm any transaction. No fees will be charged that were not disclosed at the time of transaction.
All payments are processed by Stripe, Inc. By using Marketplace features, you agree to Stripe's Terms of Service. CapStacks does not store credit or debit card numbers. Payment processing fees are charged by Stripe and are included in the all-in cost disclosed at checkout.
Sales tax may apply to purchases based on your shipping address and applicable law. CapStacks will calculate and collect applicable taxes as required. Tax obligations vary by jurisdiction; CapStacks makes no representation about the tax treatment of any transaction from your perspective. Consult a tax professional for advice specific to your situation.
Sellers who exceed applicable IRS thresholds for gross sales may receive a Form 1099-K generated by Stripe. Providing accurate identity information at verification is required for 1099-K compliance. CapStacks is not responsible for tax obligations arising from your use of the Platform; those obligations are yours alone.
CapStacks uses a progressive account strike system for violations of these Terms. Strike history is recorded on your account and is permanent. Strikes may result from non-shipment, misrepresentation, prohibited conduct, or other violations. CapStacks may notify you when a strike is issued to your account.
CapStacks may suspend your account with or without notice if you: accumulate multiple account strikes; are suspected of fraud, misrepresentation, or prohibited conduct; are the subject of multiple unresolved or upheld dispute claims; or engage in any conduct that CapStacks determines, in its sole discretion, threatens the integrity of the Platform or the safety of other users.
CapStacks may permanently terminate your account at any time, with or without cause, and with or without notice. Grounds for immediate termination without progressive discipline include: selling or trading counterfeit or stolen goods; providing false identity information; coordinated fraud; and any conduct involving illegal activity.
Upon termination: (a) your access to the Platform is immediately revoked; (b) all active listings are removed; (c) pending transactions in progress will be handled as follows: pending buyer payments are refunded; seller funds held in Stripe Connect pending payout will be handled in accordance with Stripe's terms for terminated Connect accounts; open trade offers are cancelled. CapStacks is not liable for any loss or damage arising from termination of your account.
You may delete your account at any time using the in-app deletion option. Account deletion is subject to the open-transaction restriction described in our Privacy Policy: you may not delete your account while any transaction is in progress (i.e., you have accepted a trade or sale offer that has not yet been completed). You must resolve all open transactions before deleting your account.
The Platform, including its software, design, trademarks, trade dress, and all original content created by CapStacks, is owned by CapStacks and protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, create derivative works of, or commercially exploit any CapStacks IP without our express written consent.
By uploading photos, descriptions, listing details, wear logs, or any other content to the Platform ("User Content"), you grant CapStacks a non-exclusive, royalty-free, worldwide, sublicensable, transferable license to use, display, reproduce, and distribute that User Content solely for the purpose of operating and promoting the Services. This license terminates when you delete the content or your account (subject to retention obligations in our Privacy Policy).
CapStacks does not own any rights in the brand marks, team logos, league insignia, or licensed designs that appear on hats listed on the Platform. Listing a hat does not grant any license to those marks. All intellectual property rights in hat designs belong to their respective owners.
CapStacks respects intellectual property rights. If you believe that content on the Platform infringes your copyright, please submit a notice to our designated DMCA agent at: legal@capstacksapp.com, with the information required by 17 U.S.C. § 512(c)(3). We will respond to valid takedown notices expeditiously in accordance with the Digital Millennium Copyright Act.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAPSTACKS DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
CAPSTACKS DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DEFECTS WILL BE CORRECTED; (C) THE PLATFORM OR ANY ITEM LISTED ON IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
CAPSTACKS MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY ITEM LISTING, CONDITION GRADE, PHOTO, OR SELLER REPRESENTATION. ALL TRANSACTIONS ARE BETWEEN BUYERS AND SELLERS; CAPSTACKS IS A FACILITATOR ONLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAPSTACKS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL PLATFORM FEES PAID BY YOU TO CAPSTACKS IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
IN NO EVENT SHALL CAPSTACKS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE GOODS OR SERVICES, EVEN IF CAPSTACKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless CapStacks and its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) any item you list, sell, trade, or purchase on the Platform; (c) your breach of these Terms; (d) your violation of any applicable law or regulation; (e) your infringement of any third-party right, including intellectual property rights; or (f) your misrepresentation of age or identity.
Before initiating any formal dispute, you agree to contact CapStacks at legal@capstacksapp.com and attempt to resolve the dispute informally for at least 30 days. Many concerns can be resolved quickly through this process.
If informal resolution fails, all disputes, claims, or controversies arising out of or relating to these Terms or the Services (other than claims for injunctive or other equitable relief where permitted) shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in Orange County, California, or, at your election if you are a consumer, in the county of your primary residence. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You may opt out of the binding arbitration agreement in Section 20.2 by sending written notice to legal@capstacksapp.com within 30 days of the date you first create a CapStacks account (for new users) or within 30 days of the effective date of these Terms (for existing users at the time these Terms take effect). Your opt-out notice must include your full name, the email address associated with your account, and a clear statement that you are opting out of arbitration. Opting out of arbitration does not affect any other provision of these Terms. Opting out of arbitration does not affect the Class Action Waiver in Section 20.4, which remains in full force regardless of your arbitration election. If you do not opt out within the applicable 30-day window, you will be bound by the arbitration agreement in Section 20.2.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE, THEN THE ENTIRETY OF SECTION 20.2 SHALL BE NULL AND VOID.
Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent imminent harm to intellectual property rights or Platform security. Small claims court matters within the applicable jurisdictional limit are excluded from mandatory arbitration.
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. For any claims not subject to arbitration, you consent to exclusive jurisdiction and venue in the state and federal courts located in Orange County, California.
These Terms, together with the Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and CapStacks with respect to the Services and supersede all prior agreements and understandings.
If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force and effect.
CapStacks's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or CapStacks's right to enforce it in the future.
You may not assign or transfer your rights or obligations under these Terms without CapStacks's prior written consent. CapStacks may assign these Terms, in whole or in part, without restriction.
CapStacks shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, government actions, labor disputes, carrier failures, or third-party service outages (including Stripe, EasyPost, or Supabase outages).
Questions about these Terms or DMCA notices: legal@capstacksapp.com
General support: appsupport@capstacksapp.com