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Terms of Service Generator for Marketplaces

Generate Terms of Service for online marketplaces. Covers buyer-seller relationships, commission structures, dispute resolution, prohibited items, and platform liability.

Marketplace platforms face a uniquely complex legal challenge: you're not just managing your own relationship with users, but governing the relationships between buyers and sellers on your platform. Your Terms of Service must clearly define your role as an intermediary, limit your liability for transactions you facilitate but don't control, and establish fair rules that protect all parties.

The single most important legal question for any marketplace is whether you're an agent, a broker, or simply a venue. This distinction affects your liability for seller misrepresentation, product defects, delivery failures, and tax obligations. Your ToS must establish this relationship clearly to limit your exposure while maintaining user trust.

Our marketplace ToS generator addresses the three-party dynamic of marketplace platforms. It covers seller onboarding and vetting, buyer protections and expectations, commission and payment structures, dispute resolution between buyers and sellers, prohibited items and content, intellectual property claims, and the platform's limited liability as an intermediary.

What's Included

  • Platform role and intermediary liability limitations
  • Buyer and seller obligations and responsibilities
  • Commission structure and payment terms
  • Seller listing requirements and accuracy
  • Buyer protection and dispute resolution process
  • Prohibited items and content policies
  • Intellectual property and DMCA procedures
  • Review and rating system terms
  • Account suspension and marketplace bans

Compliance Frameworks Covered

Platform-to-Business Regulation (EU)Consumer protection lawsDMCAPayment services regulations

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Single document $14 · Bundle of 3 for $29 · See pricing

Frequently Asked Questions

How do I limit my liability for seller actions on my marketplace?
Your ToS should clearly state that you are a platform facilitating transactions, not a party to the sale. Include disclaimers that sellers are independent parties responsible for their listings, product quality, and compliance. Reference safe harbor protections where applicable (like Section 230 in the US). However, note that some jurisdictions limit how much platforms can disclaim responsibility.
Should my marketplace ToS include a dispute resolution process?
Yes, absolutely. Having a clear dispute resolution process between buyers and sellers reduces your exposure and support burden. Our generator includes a structured process: buyer contacts seller first, then escalates to the platform if unresolved, with the platform's decision being binding within the marketplace. This protects you from being dragged into every transaction dispute.
What about tax collection on my marketplace?
Marketplace facilitator laws in many US states and the EU's DAC7 directive require platforms to collect and report seller transaction data. Some jurisdictions require marketplaces to collect and remit sales tax on behalf of sellers. Your ToS should address tax responsibilities and clarify that sellers are responsible for their own income tax obligations.

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