Terms of Service

Fitzzy is an online marketplace where healthcare workers and approved sellers buy and sell pre-loved medical scrubs and apparel. We provide the platform. The actual sale happens between buyer and seller. Some inventory is sold directly by Fitzzy as Fitzzy Verified items, in which case Fitzzy is the seller and the listing is clearly badged. Otherwise we are not the seller of any item listed on Fitzzy and we don't take ownership of any peer-to-peer item.

“Fitzzy,” “we,” “us,” and “our” refer to Fitzzy LLC. “You” refers to anyone using the Fitzzy website, mobile app, or related services (the “Services”).

By creating an account or using the Services, you agree to these Terms of Service, our Privacy Policy, our Acceptable Use Policy, and any other policies referenced here. If you don't agree, don't use Fitzzy.

• You must be at least 18 years old.
• You must be able to form a legally binding contract under the laws of your country and state.
• You must provide accurate information about who you are and what you're selling.
• To sell on Fitzzy, you must complete signup and link a valid Stripe Connect account.

You are responsible for everything that happens through your account, including listings, messages, sales, and purchases. Keep your password private. Tell us right away if you suspect unauthorized use.

One person, one account. Don't create multiple accounts to evade suspensions, manipulate ratings, or buy your own listings.

When you list an item, you're making an offer to sell it for the price you set. You promise that:

• You own the item or have the right to sell it.
• The photos, brand, size, color, and condition you describe are accurate.
• The item meets our condition standards (no biohazards, no patient information visible, no counterfeits, no items that violate our Acceptable Use Policy).
• You will ship the item within 5 business days of sale (after which unshipped orders are auto-refunded).

You may remove a listing at any time before sale. After sale, the listing becomes a binding contract.

When you click “Buy Now” or accept an offer at the agreed price, you agree to purchase the item at that price plus shipping. We charge your payment method immediately at checkout. Buyer Protection coverage (see the Buyer Protection Policy) applies for 30 days after delivery even after funds have been transferred to the seller.

For peer-to-peer items, you're buying directly from the seller. Fitzzy is not the seller and does not warrant the item beyond what's covered by our Buyer Protection Policy. For Fitzzy Verified items, Fitzzy is the seller and the same Buyer Protection coverage applies.

Sellers fall into two categories:

• Healthcare workers and resellers (peer-to-peer): nurses, doctors, students, other healthcare workers, and individuals/boutiques reselling scrubs obtained from legitimate sources. Sellers self-identify their background at signup.
• Fitzzy Verified (first-party): inventory purchased, inspected, and listed by Fitzzy LLC itself, clearly badged on each listing.

All sellers must follow these terms. Resellers must clearly indicate the source/condition of items and may not misrepresent themselves as healthcare workers.

All payments are processed by Stripe. By selling on Fitzzy, you agree to Stripe's Connected Account Agreement in addition to these terms.

Fitzzy charges a 7% commission on the item price (not shipping) for every completed sale. You set your own item price; shipping is quoted live at checkout via USPS Priority Mail through our Shippo integration and passed through to the buyer at cost. Sellers receive payouts to their linked bank account on Stripe's standard payout schedule (typically within a few business days of the sale).

Sellers are responsible for their own taxes (income tax, sales tax where applicable). Fitzzy may issue 1099-K forms to U.S. sellers who exceed the IRS reporting threshold.

Sellers must ship within 5 business days of sale using a tracked shipping method. If a paid order is not shipped within that window, Fitzzy will automatically refund the buyer in full and cancel the sale. Fitzzy provides a prepaid USPS Priority Mail label (funded from checkout) through our Shippo integration, or sellers can mark the order shipped manually with their own tracking number. Risk of loss transfers to the buyer once the carrier accepts the package.

If an item arrives damaged, missing, or significantly different from its listing, the buyer may open a dispute within 30 days of delivery. Fitzzy will mediate based on photos, messages, and tracking info. See our Buyer Protection Policy for full details.

Standard buyer's remorse returns are not supported. Fitzzy is a marketplace of secondhand items, not a retail store.

You may not list or sell items that:

• Are contaminated, biohazardous, or have not been laundered;
• Contain visible patient names, faces, or any other Protected Health Information (PHI);
• Are counterfeit or infringe a brand's trademark;
• Violate any applicable law, including U.S. HIPAA regulations or your local equivalent;
• Fall under any other prohibited category in our Acceptable Use Policy.

All Fitzzy sales must be completed on Fitzzy — checkout on the platform, shipping via the Fitzzy label or manually reported tracking, and chat inside Fitzzy Messages. This is what makes buyer protection, shipping insurance, and dispute resolution possible.

You may not:

• Ask a buyer or seller to pay through Venmo, CashApp, Zelle, PayPal, Apple Pay, Google Pay, cash, check, wire, or any other off-Fitzzy payment method;
• Share or request phone numbers, email addresses, or handles on Instagram, TikTok, Snapchat, Telegram, WhatsApp, Signal, Discord, or any other outside channel in listings, messages, profile bios, or photos;
• Arrange in-person meetups to hand off items outside a Fitzzy-labeled shipment;
• Coordinate off-platform contact or payment through coded language, spelled-out digits, or images that carry the same content.

Fitzzy scans chat, listings, profile bios, and listing photos for off-platform coordination attempts. Confirmed violations result in warnings, hidden content, and — on repeat offenses — account suspension. Suspended users may appeal by replying to their suspension email.

The Fitzzy name, logo, design, code, and content are owned by Fitzzy LLC and protected by copyright and trademark law. You may not copy, modify, or redistribute the Services without our written permission. Brand names of scrub manufacturers (FIGS, Jaanuu, Cherokee, etc.) belong to their respective owners and appear on Fitzzy solely to identify products being resold.

When you upload photos, descriptions, messages, or reviews to Fitzzy, you keep ownership but grant us a worldwide, non-exclusive, royalty-free license to host, display, and promote that content as part of operating the Services. You promise that any content you upload is yours to share and doesn't infringe anyone else's rights.

Our Privacy Policy describes what data we collect and how we use it. By using Fitzzy you consent to those practices.

You may close your account at any time from your profile settings. We may suspend or terminate accounts that violate these terms, our policies, or applicable law, with or without notice depending on severity.

Pending sales must be completed in good faith even if your account is being closed.

The Services are provided “as is” and “as available.” Fitzzy doesn't guarantee that listings are accurate, that buyers will pay, that sellers will ship, or that the Services will be uninterrupted or error-free.

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, Fitzzy's total liability to you for any claim arising from your use of the Services is limited to the greater of (a) the total fees you paid to Fitzzy in the 12 months before the claim, or (b) US$100.

We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or business interruption.

You agree to defend, indemnify, and hold Fitzzy harmless from claims, damages, and expenses (including reasonable attorney fees) arising from your use of the Services, your listings, your sales, or your violation of these terms.

These terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules. Any dispute between you and Fitzzy that can't be resolved informally will be settled by binding individual arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules. You and Fitzzy each waive the right to a jury trial and to participate in a class action.

We may update these terms occasionally. If we make material changes, we'll notify you by email or by a prominent notice on the site at least 14 days before the changes take effect. Continued use of Fitzzy after the effective date means you accept the updated terms.

Questions about these terms? Email us at legal@fitzzy.com.