Using any Etsy Service, even just browsing, means you accept the Terms
The Terms are described as a legally binding contract between you and Etsy. They cover Etsy.com, Pattern by Etsy, the mobile apps and the other services Etsy provides (all called the "Services"). The Terms say you agree to them by using any Service, including just browsing a website or app, and that if you do not agree you may not use the Services. The Terms are made up of this document plus the other documents it references.
Supporting quotations
This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).
The Terms are a legally binding contract between you and Etsy.
This contract sets out your rights and responsibilities when you use Etsy.com, Pattern by Etsy, our mobile apps, and the other services provided by Etsy (we’ll refer to all of these collectively as our “Services”)
By using any of our Services (even just browsing one of our websites or apps), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
Qualifications & exceptions
Acceptance is stated to happen by using the Services, not only by signing up for an account.
The document is a set: this text together with the documents it references forms the "Terms".
Not stated here
This card describes how the Terms say agreement happens; it does not say whether a particular use or sign-up flow would legally count.
Legal Rights & Agreement Rules · Context
Which Etsy company you contract with depends on where you live
If you live in North America or South America, the contract is with Etsy, Inc. If you live elsewhere, it is with Etsy Ireland UC, a subsidiary of Etsy, Inc. The Terms then use "Etsy" to mean Etsy, Inc. and all of its subsidiaries together, so a rule or promise stated for "Etsy" is written for the whole group rather than one company.
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If you live in North America or South America, the contract is between you and Etsy, Inc.; if you live elsewhere, the contract is between you and Etsy Ireland UC, a subsidiary of Etsy, Inc. We’ll just refer to Etsy, Inc. and all of its subsidiaries collectively as “Etsy.”
Qualifications & exceptions
The split is by where you live (North or South America versus elsewhere).
Separately, buyers may deal with a different Etsy company as merchant of record (see the merchant-of-record card).
Legal Rights & Agreement Rules · Restriction or exception
Disputes with Etsy go to individual arbitration for users in North and South America, unless you opt out
The opening of the Terms points to Section 11, a binding arbitration agreement and class action waiver for users in North and South America. Under it, you and Etsy agree to resolve disputes exclusively through binding individual arbitration, which means giving up the right to sue in court, to a jury trial and to take part in a class or representative action. Section 11 applies only to users in North or South America. There are limited exceptions: either side may bring qualifying individual claims in small claims court, and either side may seek an injunction in court for infringement or misuse of intellectual property rights. A new user can opt out within 30 days after first accepting the Terms, but the choice-of-law and forum rule in Section 11.I still applies after an opt-out. Users in Europe, Asia, Australia or Africa are covered by Section 12 instead (see the later cards for the details of each section).
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Please note that Section 11 of the Terms below contains a binding arbitration agreement and class action waiver for users in North and South America.
Unless you validly opt out, you agree to resolve any disputes with Etsy exclusively through binding individual arbitration, with only limited exceptions. This means you and Etsy are waiving the right to sue in court, have a trial by jury, or participate in a class or representative action.
This Section 11 (which we’ll also refer to as the “Arbitration Agreement” or “Agreement”) applies only if you are a user in North or South America, and applies to the fullest extent allowable by law.
The exception is that we each may (1) bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court; and (2) seek injunctive relief in court for infringement or misuse of intellectual property rights (like trademarks, copyrights, and patents).
If you are a new user of our Services, you can opt out of this Arbitration Agreement (excluding Section 11.I) within 30 days after you first accept the Terms.
For clarity, this Section 11.I will continue to apply even if you validly opt out of arbitration under Section 11.G.
This Section 12 applies if your country of principal residence or establishment is within Europe (including the European Economic Area, Switzerland, and the United Kingdom), Asia, Australia, or Africa.
Qualifications & exceptions
Applies only to users in North or South America.
Applies unless you validly opt out; the opt-out is described as available to a new user within 30 days after first accepting the Terms.
Small claims court and IP injunction claims are carved out.
Section 11.I (choice of law and forum) continues to apply even after a valid opt-out.
Not stated here
This overview does not explain how to opt out or what the arbitration process involves; those details are in Section 11.
The Terms do not say whether a user who is not a "new user" has an opt-out window.
Legal Rights & Agreement Rules · Context
Etsy's policies are part of the Terms
Anyone who uses the Services agrees to the Terms, the Privacy Policy and the Anti-Discrimination Policy. The Terms add that all of the policies they list are part of the Terms, and that the Terms together with the policies that make them up replace any other agreement between you and Etsy about the Services.
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If you use any of our Services, you agree to these Terms, our [Privacy Policy](https://www.etsy.com/legal/privacy), and our [Anti-Discrimination Policy](https://www.etsy.com/legal/policy/anti-discrimination-policy/123551108902).
All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you.
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Etsy regarding the Services.
Qualifications & exceptions
The Privacy Policy and Anti-Discrimination Policy are stated to apply to anyone who uses any Service; other policies apply depending on how you use the Services (see the next card).
Not stated here
The text of the linked policies is not supplied in this document and is not explained here.
The Terms do not say which document controls if two of them conflict.
Legal Rights & Agreement Rules · Context
Which other Etsy policies apply depends on how you use the Services
The Terms group the extra policies by how you use Etsy. Sellers (anyone who lists items for sale) are bound by the seller policies. Anyone who browses or shops is bound by the buyer policies. A third group of policies applies to intellectual property owners, Etsy API users, affiliates and anyone requesting information from Etsy. A person can fall into more than one group depending on use.
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Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
If you list any items for sale through our Services, these policies apply to you.
If you use our Services to browse or shop, these policies apply to you.
These policies apply to [intellectual property owners](https://www.etsy.com/legal/ip), [Etsy API users](https://www.etsy.com/legal/api), [affiliates](https://www.etsy.com/legal/affiliates), and [anyone requesting information from Etsy](https://www.etsy.com/legal/requests-for-information).
Qualifications & exceptions
The seller policies apply if you list any items for sale; the buyer policies apply if you browse or shop; the third-party policies apply to the listed groups.
Not stated here
The seller, buyer and third-party policy texts are linked, not supplied, so their contents are not explained here.
Legal Rights & Agreement Rules · Restriction or exception
Sellers who are found to be joint controllers with Etsy agree to defend and indemnify Etsy
If a seller and Etsy are found to be joint data controllers of buyers' personal information, and Etsy is sued, fined or otherwise incurs expenses because of something the seller did or failed to do as a joint controller, the seller agrees to defend and indemnify Etsy in accordance with Section 9. Section 9's general indemnity covers claims, losses and expenses arising from your actions, including reasonable attorneys' fees, and lets Etsy control its own legal defense while you cooperate.
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If, however, you (as a seller) and Etsy are found to be joint data controllers of buyers’ personal information, and if Etsy is sued, fined, or otherwise incurs expenses because of something that you did (or failed to do) as a joint data controller of buyer personal information, then you agree to defend and indemnify Etsy in accordance with Section 9 below.
you agree to defend and indemnify us. That means, without limitation, you’ll defend, reimburse, compensate, and hold Etsy (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys’ fees)
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Qualifications & exceptions
Applies to sellers.
Applies only if the seller and Etsy are found to be joint controllers of buyer personal information.
The trigger is Etsy being sued, fined or incurring expenses because of something the seller did or failed to do as a joint controller.
Legal Rights & Agreement Rules · Context
The Terms do not create an agency, partnership, employment or franchise relationship
The Terms state that they do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Etsy.
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These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Etsy.
Legal Rights & Agreement Rules · Restriction or exception
You agree not to break the law, and sellers must meet legal requirements for their shops and sales
You agree not to violate any laws in connection with your use of the Services, including local, state, federal and international laws that may apply to you. The Terms give examples: it is your responsibility to obtain the permits or licenses your shop requires and to meet applicable legal requirements in the relevant jurisdictions, including for the sale and delivery of your items, such as age verification upon delivery where the law requires it. You may not sell anything that violates any laws, you must comply with Etsy's Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct or other unlawful acts or crimes against Etsy, another Etsy user or a third party.
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You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law.
You may not [sell anything that violates any laws](https://www.etsy.com/legal/prohibited); you must comply with our [Sanctions Policy](https://www.etsy.com/legal/policy/sanctions-policy/122383404929), and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Etsy, another Etsy user, or a third party.
Qualifications & exceptions
The permit, license and age-verification examples apply to shops and sales; age verification is required only where the law requires it.
Not stated here
The Sanctions Policy and the page on items that violate laws are linked, not supplied, so their specific requirements are not known from this document.
Legal Rights & Agreement Rules · Permission or license
You agree Etsy can send legal information electronically, and your electronic agreement equals a signature
From time to time Etsy provides certain legal information in writing. By using the Services you agree to the Electronic Communications Policy. As the Terms describe it, the policy says Etsy can send you information electronically, such as by email, instead of mailing paper copies, and that your electronic agreement is the same as your signature on paper.
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From time to time, Etsy will provide you with certain legal information in writing. By using our Services, you’re agreeing to our [Electronic Communications Policy](https://www.etsy.com/legal/electronic-communications), which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
Qualifications & exceptions
Agreement happens by using the Services.
The description of what the policy says comes from this document; the policy itself is not supplied.
Not stated here
The Electronic Communications Policy is linked, not supplied, so its full terms are not known from this document.
Legal Rights & Agreement Rules · Company practice
The Terms keep applying after your access or use ends
The Terms remain in effect even after your access to the Service is terminated or your use of the Service ends.
Supporting quotations
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Not stated here
The Terms do not list which parts continue to matter after access ends.
Legal Rights & Agreement Rules · Restriction or exception
Etsy does not make or inspect items sold, gives no warranties about them, and you release it from claims about them
The Terms say Etsy does not manufacture, store or inspect the items sold through the Services. Items are produced, listed and sold directly by independent sellers, so Etsy says it cannot and does not make warranties about their quality, safety, authenticity or legality. Any legal claim related to an item you purchase must be brought directly against the seller. You release Etsy from any claims related to items sold through the Services, including for defective items, seller misrepresentations, or items that caused physical injury such as product liability claims.
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You understand that Etsy does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Etsy cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item.
You release Etsy from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Qualifications & exceptions
Applies to items you purchase through the Services.
The release names defective items, misrepresentations by sellers and physical injury (product liability) as included claims.
Not stated here
The Terms do not say how this release interacts with the Etsy Purchase Protection Program, which Section 8's liability cap mentions but this document does not describe.
Legal Rights & Agreement Rules · Restriction or exception
Etsy does not screen users beyond legal and compliance needs, and you release it from liability for your interactions
You may interact with other individuals through the Services, online or in person. Etsy says it does not screen users other than to meet certain compliance and legal obligations, and you release Etsy from all liability relating to your interactions with other users. The Terms urge caution and good judgment, especially when meeting someone in person, and link to a safety Help article.
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you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users.
Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Qualifications & exceptions
Etsy's screening is limited to what it needs for certain compliance and legal obligations.
Not stated here
The personal-safety article is linked, not supplied.
Legal Rights & Agreement Rules · Restriction or exception
The Services are provided "as is" and "as available" without warranties
The Terms say the Services are provided "as is" and "as available" without any kind of warranty, express or implied. Etsy expressly disclaims warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by course of performance, course of dealing or usage of trade.
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YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
Legal Rights & Agreement Rules · Restriction or exception
Etsy's liability to you is capped, and certain kinds of damages are excluded
To the fullest extent permitted by law, the Terms say Etsy (including its officers, directors, employees, agents, subsidiaries, partners and affiliates) is not liable to you for lost profits or revenues, or for consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or the Terms. Etsy's total liability for any damages is capped at the greater of three amounts: $100; any amounts due under the Etsy Purchase Protection Program, up to the price you paid for an item sold by a third party on Etsy (including any applicable sales tax) and its original shipping costs; or the amount you paid Etsy in fees in the 12 months before the action giving rise to the liability. The Terms add that some jurisdictions do not allow limits on incidental or consequential damages, so these limits may not apply to you.
Supporting quotations
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ETSY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS.
IN NO EVENT SHALL ETSY’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF: (A) $100, (B) ANY AMOUNTS DUE UNDER THE ETSY PURCHASE PROTECTION PROGRAM UP TO THE PRICE YOU PAID FOR AN ITEM SOLD BY A THIRD PARTY ON ETSY (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COSTS, OR (C) THE AMOUNT YOU PAID ETSY IN FEES IN THE PAST 12 MONTHS PRIOR TO ANY ACTION GIVING RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Qualifications & exceptions
Applies to the fullest extent permitted by law.
The cap is the greatest of three figures: $100, Purchase Protection amounts (limited to the item price paid plus sales tax and original shipping), or fees paid to Etsy in the past 12 months.
Some jurisdictions do not allow limits on incidental or consequential damages, so these limits may not apply to you.
Not stated here
The Etsy Purchase Protection Program is not described in this document, so when amounts are "due" under it is not known from this source.
Legal Rights & Agreement Rules · Restriction or exception
You agree to defend and indemnify Etsy if it faces claims because of what you did, and Etsy controls its defense
If Etsy is sued or receives a claim, notice, inquiry or demand because of something you did or failed to do, you agree to defend and indemnify Etsy. That includes defending, reimbursing and compensating Etsy and holding it and its employees, officers, directors, agents, subsidiaries and affiliates harmless from any allegation, claim, demand, lawsuit, loss, liability or expense of any kind, including reasonable attorneys' fees, that arises from your actions, your use or misuse of the Services, your breach of the Terms, items you buy or sell through the Services, or your actual or alleged violation of any law or third party's rights. Etsy reserves the right to handle its legal defense however it sees fit, even while you are indemnifying it, and you agree to cooperate.
Supporting quotations
if Etsy gets sued or receives a claim, notice, inquiry or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means, without limitation, you’ll defend, reimburse, compensate, and hold Etsy (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys’ fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, items you buy or sell through the Services, and/or your actual or alleged violation of any law or any third party’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Qualifications & exceptions
Triggered by Etsy being sued or receiving a claim, notice, inquiry or demand because of something you did or failed to do.
Covers items you buy or sell through the Services, and actual or alleged violations of law or third-party rights.
Not stated here
The Terms do not set a limit on the amount of the indemnity.
Legal Rights & Agreement Rules · Restriction or exception
You release Etsy from claims arising out of disputes with other users or third parties
You release Etsy from any claims, demands and damages arising out of disputes with other users or third parties. Section 8 contains related releases for items you purchase, content you access and your interactions with other users.
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You release Etsy from any claims, demands, and damages arising out of disputes with other users or third parties.
Legal Rights & Agreement Rules · Restriction or exception
Section 11 arbitration covers users in North or South America and starts with good-faith talks
Section 11, called the Arbitration Agreement, applies only if you are a user in North or South America, and applies to the fullest extent allowable by law. It opens by saying that if you are upset with Etsy you should let Etsy know and the two sides will work together in good faith. If that fails, you and Etsy, including Etsy's employees, officers, directors, agents, subsidiaries and affiliates, agree to submit disputes exclusively to binding individual arbitration, with no court or jury, except in the limited circumstances described in the section. A new user can opt out within 30 days of first accepting the Terms.
Supporting quotations
If you’re upset with us, let us know, and we’ll work together in good faith to resolve your issue. But if we can’t work it out, then you and Etsy (including our employees, officers, directors, agents, subsidiaries, and affiliates) agree to submit our disputes exclusively to binding individual arbitration, and we won’t sue each other in court before a judge or jury, except in the limited circumstances described below.
This Section 11 (which we’ll also refer to as the “Arbitration Agreement” or “Agreement”) applies only if you are a user in North or South America, and applies to the fullest extent allowable by law.
Please read this Section carefully, as it affects your rights.
If you are a new user of our Services, you can opt out of this Arbitration Agreement (excluding Section 11.I) within 30 days after you first accept the Terms.
Qualifications & exceptions
Applies only to users in North or South America, and to the fullest extent allowable by law.
Etsy's employees, officers, directors, agents, subsidiaries and affiliates are included among the parties that agree to arbitrate.
The opt-out is described for new users within 30 days after first accepting the Terms.
Not stated here
The section says it applies to "a user in North or South America" and does not define how a user's location is determined.
Legal Rights & Agreement Rules · Restriction or exception
Nearly all claims about Etsy, including older disputes, must be arbitrated, with two court exceptions
You and Etsy agree to mandatory individual arbitration for all claims arising from or relating to the Services, these and earlier versions of the Terms, any products, data or content bought, sold, offered, accessed, displayed, transmitted or listed through the Services, and actions or statements by Etsy or its users. The scope includes disputes that arose before the effective date of these Terms. Each side may (1) bring qualifying individual claims in small claims court as long as they stay there, and (2) seek an injunction in court for infringement or misuse of intellectual property rights such as trademarks, copyrights and patents. All other disputes must be arbitrated, so you and Etsy each give up the right to sue in court and to a court or jury trial. For claims that are not subject to arbitration, Section 11.I requires litigation in state or federal court in New York County, New York, except that small claims may be filed in the county where you live.
Supporting quotations
You and Etsy agree to mandatory individual arbitration for all claims arising from or relating to the Services, these and prior versions of the Terms, any products, data, or content bought, sold, offered, accessed, displayed, transmitted, or listed through the Services, and actions or statements by Etsy or its users, in each case including disputes that arose before the effective date of these Terms (each, a “Dispute”).
The exception is that we each may (1) bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court; and (2) seek injunctive relief in court for infringement or misuse of intellectual property rights (like trademarks, copyrights, and patents). All other Disputes must be arbitrated, which means you and Etsy are each waiving your right to sue in court and have a court or jury trial.
if there are claims between you and Etsy that aren’t subject to arbitration, you and Etsy each agree to litigate those claims exclusively in state or federal court in New York County, New York, and to submit to the personal jurisdiction of those courts. The exception is if you file in small claims court–you can do that in the county of your residence.
Qualifications & exceptions
Covers disputes that arose before these Terms took effect, and claims relating to prior versions of the Terms.
The two exceptions are limited: small claims only while the claim stays in small claims court, and court injunctions only for infringement or misuse of intellectual property rights.
Applies to users in North or South America who have not opted out.
Legal Rights & Agreement Rules · Restriction or exception
Claims can be brought only individually, not as a class, representative or collective action
You and Etsy agree that each may bring claims against the other only on an individual basis, not on a class, representative or collective basis, and each waives any right to bring such claims. Each side may seek only individualized relief, and disputes between you and Etsy cannot be arbitrated or consolidated with those of any other person or entity, except through the batch arbitration process in Section 11.F. If a final decision, after all appeals, finds any part of this waiver unenforceable as to a particular claim or request for relief, such as public injunctive relief, only that claim or request is severed from arbitration and may be litigated in court, but only after the arbitrator issues an award on the arbitrable claims and remedies. Batch arbitration applies when 25 or more claimants with similar claims and the same or coordinated counsel file within a 90-day period.
Supporting quotations
You and Etsy agree that each of us may bring claims against the other only on an individual basis, and not on a class, representative, or collective basis (and we each waive any right we have to bring such claims). We each may only seek or obtain individualized relief, and, except as provided in Section 11.F (Batch Arbitration), disputes between us cannot be arbitrated or consolidated with those of any other person or entity.
If there is a final decision (after exhaustion of all appeals) that any part of this Section 11.B is unenforceable as to a particular claim or request for relief (e.g., public injunctive relief), then solely that particular claim or request for relief shall be severed from the arbitration and may be litigated in court (but only after the arbitrator issues an award on the arbitrable claims and remedies).
if within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 100 claimants each (“Batch”).
Qualifications & exceptions
Batch arbitration under Section 11.F is the stated exception to the rule against consolidation.
Severance applies only to a particular claim or request for relief found unenforceable after final decision and exhaustion of appeals, and that claim is heard in court only after the arbitrator's award.
Legal Rights & Agreement Rules · Procedure
Before arbitration, send a Notice of Dispute and allow 60 days for informal resolution
Before filing an arbitration, you and Etsy will try in good faith to resolve any Dispute informally. To start, you must send an individualized written Notice of Dispute to disputeresolution@etsy.com with your name, phone number, account email address, username and shop name (if applicable), and a description of the Dispute and how you would like it resolved. If Etsy has a Dispute with you, it sends a Notice of Dispute with the same information to your account email address. Once a complete Notice of Dispute is received, the recipient has 60 days to investigate. If either side asks for a settlement conference in that period, both must cooperate to schedule it by phone or videoconference; each will personally participate and can bring counsel, but the conference must be individualized. The statute of limitations for the claims in the Notice is tolled from the date it is received until the later of 60 days or completion of a timely requested settlement conference (the Informal Resolution Period). An arbitration cannot be filed until that period ends, and a court can enjoin the filing or pursuit of an arbitration that breaches this section. A court, not the arbitrator, decides whether a party complied with this informal process.
Supporting quotations
Before filing an arbitration, you and Etsy will try in good faith to resolve any Dispute informally. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to disputeresolution@etsy.com that includes (1) your name, phone number, the email address for your account, username and shop name (if applicable), and (2) a description of the Dispute and how you’d like it resolved. If Etsy has a Dispute with you, we will send a Notice of Dispute with the same information to the email address for your account.
Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and Etsy must cooperate to schedule that meeting by phone or videoconference. You and Etsy each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties.
For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.
a court has exclusive authority to decide issues related to the arbitrability of a dispute, the enforceability of any part of this Section 11 (Arbitration and Dispute Resolution Agreement (North and South America)), and either party’s compliance with Section 11.C (Informal Dispute Resolution).
Qualifications & exceptions
The 60 days run only from receipt of a complete Notice of Dispute.
Tolling of the statute of limitations lasts until the later of 60 days or the completion of a timely requested settlement conference.
Etsy's own Notice of Dispute goes to the email address for your account.
Legal Rights & Agreement Rules · Procedure
Arbitration starts with a demand filed with the AAA and served on Etsy by mail
To start arbitration, you or Etsy must file an arbitration demand with the American Arbitration Association (AAA). You must serve Etsy with the demand by mail to Etsy, Inc. c/o United Agent Group Inc., 1521 Concord Pike, Suite 201, Wilmington, DE 19803. If Etsy has a dispute with you, it sends its arbitration demand to the email address for your account. If the AAA cannot or will not administer the arbitration under Section 11, you and Etsy will select another provider, and if you cannot agree, a court will choose the provider.
Supporting quotations
To initiate arbitration, either you or we must file an arbitration demand with the American Arbitration Association (“AAA”). You must serve Etsy with any arbitration demand by mail to: Etsy, Inc. c/o United Agent Group Inc., 1521 Concord Pike, Suite 201, Wilmington, DE 19803. If Etsy has a dispute with you, we will send an arbitration demand to the email address for your account. If the AAA cannot or will not administer the arbitration in accordance with Section 11, you and we will select another provider (and if we can’t agree, a court will choose the provider).
Qualifications & exceptions
Your service on Etsy is by mail to the listed address; Etsy's service on you is by email to your account address.
The alternate-provider rule applies only if the AAA cannot or will not administer the arbitration under Section 11.
Legal Rights & Agreement Rules · Procedure
Arbitration is in English before one arbitrator, usually on documents or by videoconference
The arbitration will be conducted in English by a single arbitrator. Unless the parties agree otherwise or the arbitrator orders otherwise, an amount in dispute under $25,000 is handled as a documents-only arbitration with no in-person or telephone hearing, and an amount of $25,000 or more is held by videoconference with no in-person hearing. If an in-person hearing is required, it will be held in the county where you live for US residents, in New York County, New York for non-US residents, or where the arbitrator decides in the case of Batch Arbitration.
Supporting quotations
The arbitration will be conducted in the English language by a single arbitrator. Unless otherwise agreed by the parties or ordered by the arbitrator, (i) if the amount in dispute is less than $25,000, the arbitration will be conducted as a documents-only arbitration (i.e., there will be no in-person or telephonic hearing); and (ii) if the amount in dispute is $25,000 or more, the arbitration will be held by videoconference (i.e., there will be no in-person hearing). If an in-person hearing is required, it will be held in the county where you live (for US residents), New York County, New York (for non-US residents), or as determined by the arbitrator (in the case of Batch Arbitration).
Qualifications & exceptions
The documents-only and videoconference defaults can be changed by the parties' agreement or the arbitrator's order.
The in-person hearing location depends on whether you are a US resident, a non-US resident, or part of a Batch Arbitration.
Legal Rights & Agreement Rules · Procedure
AAA Consumer Rules apply, or Commercial Rules for business users with claims over $75,000
The arbitration is decided under the American Arbitration Association's Consumer Arbitration Rules, as modified by the Arbitration Agreement. If you are using the Services as a business, such as a seller or developer, and either your or Etsy's claims exceed $75,000, the AAA's Commercial Arbitration Rules apply instead, again as modified by the agreement. As in court, the arbitrator must apply governing law, counsel must comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose sanctions available under the AAA rules, Rule 11 or other applicable law. The arbitrator must also enforce statutes of limitations and other time-based defenses, offers of judgment or compromise, and fee-shifting rules the same way a court would.
Supporting quotations
The arbitration will be decided under AAA’s [Consumer Arbitration Rules](https://adr.org/sites/default/files/Consumer%2520Rules.pdf), as modified by this Agreement.
But if you are using the Services as a business (e.g., a seller or developer) and either your or Etsy’s claims exceed $75,000, the AAA’s [Commercial Arbitration Rules](https://www.adr.org/sites/default/files/Commercial_Rules_Web.pdf) will apply, as modified by this Agreement.
As in court, the arbitrator shall apply governing law and any counsel must comply with Federal Rule of Civil Procedure 11(b); and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law. The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgment/compromise, and fee-shifting rules in the same way as a court would.
Qualifications & exceptions
The Commercial Rules apply only if you are using the Services as a business and either side's claims exceed $75,000.
Both sets of AAA rules apply "as modified by this Agreement", so Section 11 controls where it differs.
Not stated here
The AAA rules are linked, not supplied, so their content is not known from this document.
Legal Rights & Agreement Rules · Restriction or exception
The arbitrator decides most issues, a court decides some threshold issues, and the award is final
The arbitrator has exclusive authority to resolve all issues, except that a court has exclusive authority to decide whether a dispute is arbitrable, whether any part of Section 11 is enforceable, and whether a party complied with the Section 11.C informal dispute process. Except in Batch Arbitration, the arbitrator can award damages and other relief only for the individual claimant and only as needed for that claimant's individual claims. The arbitrator is not bound by decisions in other arbitrations. The award is final and binding on you and Etsy, and judgment on it may be entered in any court with jurisdiction.
Supporting quotations
The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority to decide issues related to the arbitrability of a dispute, the enforceability of any part of this Section 11 (Arbitration and Dispute Resolution Agreement (North and South America)), and either party’s compliance with Section 11.C (Informal Dispute Resolution).
Except as provided in Section 11.F (Batch Arbitration), the arbitrator can award damages and other relief only in favor of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant’s individual claim(s). The arbitrator will not be bound by decisions reached in other arbitrations. The arbitrator’s award is final and binding on you and Etsy. Judgment on the award may be entered in any court with jurisdiction.
Qualifications & exceptions
The court-decides list is limited to arbitrability, enforceability of Section 11 and compliance with Section 11.C.
The individual-relief limit has an exception for Batch Arbitration.
Legal Rights & Agreement Rules · Restriction or exception
When 25 or more similar claims arrive together, they are arbitrated in batches of up to 100
If, within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 100 claimants each. On notice from either side, the AAA groups the claimants into one batch if there are 25 to 100, or batches of 100 with a smaller final batch if there are more than 100. Each batch is resolved as a single consolidated arbitration with one arbitrator appointed by the AAA, one set of arbitration fees and one hearing (if any) by videoconference or at a place the arbitrator decides. The parties agree to cooperate in good faith, the AAA Mass Arbitration Supplementary Rules apply except as the section provides, and challenges to AAA administrative determinations are heard by a single process arbitrator. If the batch process is held unenforceable for a particular claimant or batch, it is severed and those parties arbitrate individually.
Supporting quotations
F. Batch Arbitration. To ensure efficient resolution, if within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 100 claimants each (“Batch”).
Specifically, upon notice from either side, the AAA shall group the claimants into: (1) a single Batch (if there are 25-100 claimants), or (2) Batches of 100 claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than 100 claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of Arbitration Fees, and one hearing (if any) per Batch to be held by videoconference (or in a place decided by the arbitrator).
The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration, and agree that the AAA Mass Arbitration Supplementary Rules shall apply, except as provided in this Section. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this Section 11.F is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.
Qualifications & exceptions
Triggered only by 25 or more claimants with similar claims, within a 90-day period, represented by the same or coordinated counsel.
Batches hold up to 100 claimants each; a smaller final batch holds the remainder.
If the batch rule is unenforceable for a claimant or batch, that claimant or batch arbitrates individually.
Legal Rights & Agreement Rules · User right or choice
New users can opt out of arbitration within 30 days by email; the New York forum rule still applies
If you are a new user, you can opt out of the Arbitration Agreement, other than Section 11.I, within 30 days after you first accept the Terms. To opt out, you must send a timely email to arbitrationoptout@etsy.com with your name, the email address for your account, your username and your shop name (if applicable), and a request to opt out. If you validly opt out, neither you nor Etsy is required to arbitrate as a result of this or any prior version of the Arbitration Agreement, but the Terms and any other agreements otherwise still apply. If Etsy later updates the Terms, it will continue to respect your opt-out, but updates do not give a new opportunity to opt out. Section 11.I on choice of law and forum continues to apply even after a valid opt-out.
Supporting quotations
If you are a new user of our Services, you can opt out of this Arbitration Agreement (excluding Section 11.I) within 30 days after you first accept the Terms. To opt out, you must send a timely email to arbitrationoptout@etsy.com with your name, the email address for your account, your username and your shop name (if applicable), and a request to opt out of arbitration.
If you validly opt out, neither Etsy nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms (and any other agreements between us) will otherwise apply to you. If we update the Terms after you validly opt out, we will continue to respect your opt-out, but such updates do not provide a new opportunity to opt out of arbitration.
For clarity, this Section 11.I will continue to apply even if you validly opt out of arbitration under Section 11.G.
Qualifications & exceptions
Available to a "new user" within 30 days after first accepting the Terms.
Must be sent by timely email with the listed identifying details.
Section 11.I is excluded from the opt-out and keeps applying.
Not stated here
The Terms do not say whether a user who is not a new user has an opt-out window.
The Terms do not say how Etsy confirms a valid opt-out.
Legal Rights & Agreement Rules · Procedure
Changes to the Arbitration Agreement take effect after 30 days' notice unless you reject them by email
Etsy will notify you of material changes to the Arbitration Agreement at least 30 days before they take effect. You may reject future changes by emailing arbitrationchanges@etsy.com within 30 days after you receive notice, including your name, account email address, username and shop name (if applicable). If you do not reject, you are bound by the change, and the modified Arbitration Agreement applies to all disputes between you and Etsy, including those that arose before the effective date, but excluding claims already pending in arbitration (or in court, if permitted) on that date. If you reject a change, you are bound by the most recent version of the Arbitration Agreement before the change you rejected.
Supporting quotations
Etsy will notify you of material changes to this Arbitration Agreement at least 30 days before they become effective. You may reject future changes to the Arbitration Agreement by emailing arbitrationchanges@etsy.com within 30 days after you receive notice, including your name, email address associated with your account, your username, and shop name (if applicable).
Otherwise, you’ll be bound by the change, and the modified Arbitration Agreement shall apply to all Disputes between you and Etsy, including those arising before the effective date of the changes, but excluding any claims pending in arbitration (or court, if permitted) as of the effective date. If you reject a change, you’ll be bound by the most recent version of the Arbitration Agreement before the change you rejected.
Qualifications & exceptions
Notice is promised for material changes, at least 30 days before they become effective.
Rejection must be by email within 30 days after you receive notice.
Applies to disputes arising before the effective date, except claims already pending.
Legal Rights & Agreement Rules · Restriction or exception
Non-arbitrated claims by North and South America users go to New York courts under New York law, with a Canada variation
Section 11.I says claims between you and Etsy that are not subject to arbitration are litigated exclusively in state or federal court in New York County, New York, and both sides submit to those courts' personal jurisdiction. If you file in small claims court, you can do so in the county where you live. Except where the law prohibits it, the Terms are governed exclusively by New York law, without regard to conflict-of-law rules, and by US federal law including the Federal Arbitration Act. If you are based in Canada, you may instead bring non-arbitrable claims in the courts, and under the laws (including federal law), of either Quebec (if you are an individual or sole proprietor in Quebec) or Ontario. Section 11.I continues to apply even if you validly opt out of arbitration.
Supporting quotations
Etsy is based in New York, so if there are claims between you and Etsy that aren’t subject to arbitration, you and Etsy each agree to litigate those claims exclusively in state or federal court in New York County, New York, and to submit to the personal jurisdiction of those courts. The exception is if you file in small claims court–you can do that in the county of your residence. Except as prohibited by law, these Terms shall be governed exclusively by New York law, without regard to conflict-of-law rules, and U.S. federal law (including the Federal Arbitration Act).
However, if you are based in Canada, you may instead bring any non-arbitrable claims in the courts and under the laws (including federal law) of either Quebec (if you are an individual or sole proprietor in Quebec), or Ontario. For clarity, this Section 11.I will continue to apply even if you validly opt out of arbitration under Section 11.G.
applies only if you are a user in North or South America
you can opt out of this Arbitration Agreement (excluding Section 11.I) within 30 days after you first accept the Terms
The exception is that we each may (1) bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court; and (2) seek injunctive relief in court for infringement or misuse of intellectual property rights (like trademarks, copyrights, and patents).
Qualifications & exceptions
Section 11 applies only to users in North or South America, so this rule is part of that section.
Small claims court can be in your county of residence.
New York law and the forum choice apply except as prohibited by law.
The Canada alternative is Quebec for an individual or sole proprietor in Quebec, or Ontario.
Not stated here
The Terms do not say which law or forum applies to users in North or South America who are outside the US and Canada beyond this section's general rule.
Legal Rights & Agreement Rules · Restriction or exception
Rest of world: Irish law and courts apply, with an Australian exception
Section 12 applies if your country of principal residence or establishment is within Europe (including the European Economic Area, Switzerland and the United Kingdom), Asia, Australia or Africa. Because the contract in those cases is with Etsy Ireland UC, you and Etsy agree that the Terms and any disputes are governed exclusively by Irish law and decided exclusively in the courts of Ireland, except to the extent prohibited by law. If you are based in Australia, the Terms and any disputes are instead governed by the laws and courts of Australia. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Supporting quotations
This Section 12 applies if your country of principal residence or establishment is within Europe (including the European Economic Area, Switzerland, and the United Kingdom), Asia, Australia, or Africa. Because your contract is with Etsy Ireland UC, we each agree that the Terms and any disputes between us will be exclusively governed by Irish law, and exclusively decided in the courts of Ireland, except to the extent prohibited by law. However, if you are based in Australia, the Terms and any disputes will be governed by the laws and courts of Australia.
The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Qualifications & exceptions
Applies based on your country of principal residence or establishment.
Irish law and courts apply except to the extent prohibited by law; Australia has its own law and courts.
Consumer protections are addressed in the next card.
Legal Rights & Agreement Rules · User right or choice
Rest of world: individual consumers keep local consumer protections, and Etsy enforces against them only at home
If you use the Services as an individual consumer under Section 12, you may be entitled to invoke the mandatory consumer protection laws of your country of residence and/or to bring legal proceedings in the courts of that country. If Etsy needs to enforce its rights against you as an individual consumer, it says it will do so only in your country of residence.
Supporting quotations
If you are using the Services as an individual consumer, you may be entitled to invoke the mandatory consumer protection laws of your country of residence, and/or to bring legal proceedings in the courts of that country. If Etsy needs to enforce its rights against you as an individual consumer, we will do so only in your country of residence.
Qualifications & exceptions
Applies to individual consumers under Section 12.
Phrased as what you "may be entitled" to, not a guaranteed outcome.
Not stated here
Which consumer laws apply is not stated and depends on the country of residence.
Legal Rights & Agreement Rules · Procedure
Rest of world: contact Support or use the informal process; EU sellers get a complaint system; mediation is available
Under Section 12, if a dispute arises Etsy encourages you to contact Etsy Support to seek a resolution and/or to follow the informal dispute resolution process in Section 11.C, which provides for good-faith informal resolution before any proceeding. For EU sellers, Etsy provides a complaint-handling system that is free of charge and easily accessible, and links to information about the EU Platform-to-Business (P2B) Regulation, how complaints are handled, and a way to raise a P2B concern or complaint. You or Etsy may also refer disputes to mediation before the Centre for Effective Dispute Resolution.
Supporting quotations
If a dispute arises between you and Etsy, we encourage you to contact [Etsy Support](https://help.etsy.com/hc/en-us/articles/115013375488-How-to-Contact-Etsy-Support?segment=shopping) to seek a resolution, and/or to follow the Informal Dispute Resolution process outlined in Section 11.C above.
For EU sellers, Etsy provides a complaint-handling system that is available free of charge and easily accessible.
You or Etsy also may refer disputes to mediation before the [Centre for Effective Dispute Resolution](https://www.cedr.com/mediation-services/schemes/platform-to-business-services).
Before filing an arbitration, you and Etsy will try in good faith to resolve any Dispute informally.
Qualifications & exceptions
The complaint-handling system and P2B information are described for EU sellers.
Mediation referral is stated as something either you or Etsy "may" do.
Not stated here
Section 11.C is written for the arbitration process; the Terms do not say how its steps or deadlines would apply to a Section 12 user.
The linked P2B, Support and mediation pages are not supplied.
Legal Rights & Agreement Rules · Company practice
Etsy can change the Terms; continued use after the effective date means you accept
Etsy may update the Terms from time to time, including by adding entirely new terms and deleting existing ones. If the changes are material, Etsy says it will let you know in advance by posting the changes through the Services and/or sending you an email or message. Your use of the Services after the effective date of the changes counts as acceptance of the updated Terms. If you do not agree with the changes, you may close your account. Changes to the Arbitration Agreement have their own notice and rejection process in Section 11.H.
Supporting quotations
We may update these Terms from time to time, including by adding entirely new terms and deleting existing terms. If the changes are material, we’ll let you know in advance by posting the changes through the Services and/or sending you an email or message about the changes. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may close your account.
Etsy will notify you of material changes to this Arbitration Agreement at least 30 days before they become effective.
Qualifications & exceptions
Advance notice is promised only if the changes are material.
Notice may be by posting through the Services and/or an email or message.
Acceptance is by continued use after the effective date.
Not stated here
The Terms do not state how far in advance material changes are announced (outside Section 11.H).
Legal Rights & Agreement Rules · Context
The Terms are the whole agreement, unenforceable parts are trimmed, and non-enforcement is not a waiver
The Terms, including all of the policies that make them up, supersede any other agreement between you and Etsy about the Services. Except as provided in Section 11, if any part of the Terms is found invalid or unenforceable, that part is limited to the minimum extent necessary and severed so the rest stays in full force. Etsy's failure to enforce any part of the Terms is not a waiver of its right to enforce that or any other part later.
Supporting quotations
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Etsy regarding the Services. Except as provided in Section 11, if any part of the Terms is found to be invalid or unenforceable, that part will be limited to the minimum extent necessary and severed so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.
Qualifications & exceptions
Severability is subject to the "Except as provided in Section 11" carve-out; Section 11 has its own severance rules.
Legal Rights & Agreement Rules · Permission or license
Etsy may assign its rights and obligations under the Terms
Etsy states that it may assign any of its rights and obligations under the Terms. The Terms do not say whether you may assign yours, though Section 4 says accounts are generally not transferable.
Supporting quotations
We may assign any of our rights and obligations under the Terms.
Not stated here
The Terms do not describe notice to you of an assignment or any limit on who Etsy may assign to.
Legal Rights & Agreement Rules · Procedure
Questions about the Terms go to legal@etsy.com
For questions about the Terms, the Terms give an email address, legal@etsy.com.
Supporting quotations
If you have any questions about the Terms, please email us at legal@etsy.com.
Legal Rights & Agreement Rules · Context
The Terms state they were last updated on Sep 30, 2026
The document ends with the statement "Last updated on Sep 30, 2026". This is the date the document gives itself; the Terms do not say when the changes took effect.
Supporting quotations
Last updated on Sep 30, 2026
Not stated here
The Terms do not say whether Sep 30, 2026 is the effective date of this version or the date it was posted.