PreLovedScents Marketplace — Platform License & Legal Agreement
Effective date: June 17, 2026 Last updated: June 17, 2026
IMPORTANT — READ CAREFULLY BEFORE USING THE PRE LOVED SCENTS APPLICATION, WEBSITE, OR ANY RELATED SERVICES (COLLECTIVELY, THE "PLATFORM"). BY CREATING AN ACCOUNT, ACCESSING, BROWSING, LISTING, BUYING, SELLING, MESSAGING, OR OTHERWISE USING THE PLATFORM, YOU ("USER," "YOU," OR "YOUR") AGREE TO BE BOUND BY THIS AGREEMENT ON BEHALF OF YOURSELF AND ANY ENTITY YOU REPRESENT. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.
This Platform License & Legal Agreement ("Agreement") is entered into between you and PreLovedScents Marketplace, operator of the Pre Loved Scents peer-to-peer fragrance marketplace ("PreLovedScents," "Company," "we," "us," or "our"). This Agreement supplements and is incorporated into our Terms of Service and Privacy Policy. In the event of a conflict, the provision that most limits Company liability or most protects the Platform shall control to the fullest extent permitted by law.
SECTION 1 — DEFINITIONS
1.1 "Content" means all text, photographs, images, videos, listings, descriptions, messages, reviews, ratings, pricing data, metadata, and other materials submitted, posted, transmitted, or made available through the Platform by any User or by Company.
1.2 "Listing" means any offer to sell, or request to buy, a used or partial perfume or cologne bottle displayed on the Platform.
1.3 "Transaction" means any communication, negotiation, offer, acceptance, payment, shipment, or other interaction between Users relating to a Listing, whether or not completed through in-app checkout.
1.4 "User Content" means Content that you or other Users submit. Company Content means Content we own or license.
SECTION 2 — NATURE OF THE PLATFORM; NO AGENCY
2.1 Marketplace facilitator only. PreLovedScents operates a technology platform that enables independent third-party buyers and sellers to discover one another and transact in used and partial fragrance bottles. Except where we expressly state otherwise in writing, PreLovedScents is not the buyer, seller, retailer, distributor, broker, agent, insurer, escrow provider, authenticator, appraiser, or guarantor of any product listed on the Platform.
2.2 No partnership or employment. No agency, partnership, joint venture, employment, or franchise relationship is created between you and PreLovedScents by this Agreement or your use of the Platform.
2.3 User responsibility. Each User acts solely on the User's own behalf. You are solely responsible for your Listings, communications, compliance with law, tax obligations, product safety, shipping restrictions, and fulfillment of any Transaction.
SECTION 3 — ELIGIBILITY; UNITED STATES ONLY
3.1 You represent and warrant that you are at least eighteen (18) years of age, have legal capacity to contract, and are a resident of the United States with a valid U.S. address when buying or selling.
3.2 The Platform is not offered where prohibited by law. You may not use the Platform if you have been suspended, terminated, or banned, or if doing so would violate export control, sanctions, or other applicable regulations.
SECTION 4 — LIMITED LICENSE TO USE THE PLATFORM
4.1 Subject to your compliance with this Agreement, PreLovedScents grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for lawful personal or internal business purposes related to buying or selling authentic used or partial fragrance products.
4.2 No ownership. This Agreement grants no ownership interest in the Platform, our software, algorithms, trade dress, databases, or Company Content. All rights not expressly granted are reserved by PreLovedScents and its licensors.
4.3 Updates. We may modify, suspend, or discontinue any part of the Platform at any time without liability.
SECTION 5 — RESTRICTIONS ON USE
You shall not, and shall not permit any third party to:
(a) copy, scrape, crawl, harvest, mine, or reverse engineer the Platform or its underlying code, models, or data; (b) circumvent security, authentication, rate limits, or access controls; (c) use bots, scripts, or automated means except as we expressly authorize; (d) frame, mirror, or resell access to the Platform; (e) upload malware or interfere with Platform operation; (f) impersonate any person, misrepresent affiliation with PreLovedScents or any brand, or create multiple accounts to evade enforcement; (g) list or promote counterfeit, replica, "inspired by," empty, adulterated, or unlawfully obtained fragrance products; (h) solicit or complete Transactions off-platform to avoid fees, monitoring, or buyer/seller protections; (i) use the Platform for unlawful, harassing, discriminatory, or fraudulent activity; (j) remove or alter proprietary notices; or (k) use the Platform in any manner that could damage, disparage, or impair PreLovedScents.
SECTION 6 — USER CONTENT; LICENSE GRANT TO PRELOVEDSCENTS
6.1 Your responsibility. You are solely responsible for User Content you submit and for ensuring you have all rights necessary to post it.
6.2 Broad license. By submitting User Content, you grant PreLovedScents a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, host, store, reproduce, modify, adapt, publish, translate, distribute, publicly display, publicly perform, create derivative works from, and otherwise exploit such User Content in connection with operating, promoting, securing, and improving the Platform and our business — in any media now known or later developed — without compensation to you.
6.3 Moderation. We may (but are not obligated to) monitor, review, remove, restrict, or refuse any User Content at any time, with or without notice, for any reason or no reason.
6.4 No confidentiality. Messages and Listings are not private communications to PreLovedScents. Do not submit information you wish to keep confidential from us.
SECTION 7 — LISTINGS; USED & PARTIAL BOTTLES
7.1 Seller warranties. By publishing a Listing, the seller represents and warrants that: (i) the item is an authentic fragrance product; (ii) photos and descriptions are accurate to the seller's knowledge; (iii) the seller has lawful title and right to sell; and (iv) the Listing complies with this Agreement and applicable law.
7.2 Fill level disclaimer. Fill percentages, remaining juice, spray function, batch codes, and condition descriptions are seller estimates unless expressly verified by PreLovedScents in writing (which we rarely do). PRELOVEDSCENTS DOES NOT GUARANTEE THE VOLUME, POTENCY, LEGITIMACY, OR CONDITION OF ANY BOTTLE. Buyers must confirm details with sellers via in-app Messages before purchase.
7.3 Pre-Loved Discount. Pricing tools, including any reference to a "Pre-Loved Discount" or similar depreciation model, are informational estimates only. They do not constitute an appraisal, offer, or guarantee of resale value, retail value, or sale price.
7.4 Prohibited items. Empty bottles sold as collectibles, decants misrepresented as factory bottles, samples misrepresented as retail sizes, and counterfeit goods are strictly prohibited.
SECTION 8 — AI & AUTOMATED TOOLS DISCLAIMER
8.1 Photo identification, fill estimates, pricing guidance, fraud scanning, and other automated features may use artificial intelligence or heuristics. SUCH OUTPUT IS PROVIDED "AS IS" FOR CONVENIENCE ONLY AND MAY BE INACCURATE OR INCOMPLETE.
8.2 You agree not to rely on AI or automated outputs as the sole basis for authentication, safety, legal compliance, tax reporting, or pricing decisions. PreLovedScents disclaims all liability arising from errors, omissions, or misuse of automated tools.
SECTION 9 — THIRD-PARTY TRADEMARKS
Fragrance, brand, and designer names appearing on the Platform are trademarks of their respective owners. PreLovedScents is not affiliated with, endorsed by, or sponsored by any fragrance house unless explicitly stated. Display of a brand name in a User Listing does not imply Company approval of that Listing or product.
SECTION 10 — PAYMENTS, FEES, AND TAXES
10.1 Fees disclosed in-app or in seller materials apply to applicable Transactions. You authorize us and our payment processors to charge fees, refunds, chargebacks, and adjustments as permitted by this Agreement.
10.2 Users are solely responsible for all sales, use, excise, income, and other taxes arising from their activity. PreLovedScents may collect and remit taxes where required by law but makes no representation regarding your tax obligations.
10.3 Off-platform payments are at your sole risk. We do not investigate, mediate, insure, or reimburse Transactions completed outside the Platform.
SECTION 11 — SHIPPING; HAZARDOUS MATERIALS
Users are solely responsible for lawful packaging, labeling, and shipment of fragrance products, including compliance with carrier rules, flammable-liquid restrictions, and international prohibitions. PreLovedScents does not provide shipping advice and is not liable for seizure, damage, delay, loss, or regulatory penalties.
SECTION 12 — MESSAGING; FRAUD MONITORING
12.1 You consent to automated and manual review of messages and Listings for fraud, policy violations, illegal content, and off-platform diversion.
12.2 We may block, flag, delay, or report communications and cooperate with law enforcement, payment networks, and carriers without liability to you.
SECTION 13 — DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL CONTENT, SERVICES, AND AUTOMATED TOOLS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PRELOVEDSCENTS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, FREE OF VIRUSES, OR THAT LISTINGS ARE AUTHENTIC, COMPLETE, OR LAWFUL.
SECTION 14 — LIMITATION OF LIABILITY
14.1 Exclusion of damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRELOVEDSCENTS AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, PRODUCT DISPUTES, PERSONAL INJURY, PROPERTY DAMAGE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE PLATFORM OR ANY TRANSACTION — WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100.00) OR (B) THE TOTAL FEES YOU PAID TO PRELOVEDSCENTS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
14.3 Basis of bargain. You acknowledge that these limitations reflect a reasonable allocation of risk and are a fundamental basis of the bargain between you and PreLovedScents.
SECTION 15 — INDEMNIFICATION
You shall defend, indemnify, and hold harmless PreLovedScents and its owners, officers, directors, employees, contractors, agents, and licensors from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use of the Platform; (b) your User Content or Listings; (c) any Transaction; (d) your breach of this Agreement; (e) your violation of law or third-party rights, including intellectual property, privacy, and consumer protection laws; or (f) any dispute between you and another User.
We may assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully. You may not settle any claim without our prior written consent.
SECTION 16 — RELEASE
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE PRELOVEDSCENTS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN USERS, PRODUCT QUALITY, AUTHENTICITY, FILL LEVEL, SHIPPING, OR OFF-PLATFORM TRANSACTIONS.
SECTION 17 — DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
17.1 Informal resolution. Before initiating arbitration or court action (where permitted), you agree to contact legal@prelovedscents.com and attempt in good faith to resolve the dispute for at least thirty (30) days.
17.2 Binding arbitration. Except for qualifying small-claims matters and claims for injunctive relief to stop unauthorized use or intellectual property misuse, any dispute arising out of or relating to this Agreement or the Platform shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or as otherwise required by applicable law. The Federal Arbitration Act governs interpretation and enforcement of this section.
17.3 Class waiver. YOU AND PRELOVEDSCENTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
17.4 Opt-out. You may opt out of arbitration within thirty (30) days of first accepting this Agreement by emailing legal@prelovedscents.com with your name, account email, and a clear opt-out statement. Opt-out does not affect other provisions.
SECTION 18 — INJUNCTIVE RELIEF
You acknowledge that breach of Sections 5, 6, or 9 may cause irreparable harm to PreLovedScents for which monetary damages are inadequate. We may seek injunctive or equitable relief in any court of competent jurisdiction without posting bond to the extent permitted by law.
SECTION 19 — TERMINATION
We may suspend or terminate your account or access to the Platform at any time, with or without notice, for any reason or no reason, including suspected fraud or policy violations. Upon termination, your license ends immediately. Sections that by their nature should survive (including Sections 6, 8, 9, 13–18, and 20–22) survive termination.
SECTION 20 — MODIFICATIONS
We may amend this Agreement at any time by posting an updated version in Account Settings and/or notifying you through the Platform. Material changes may require renewed acceptance where mandated by law. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Platform and close your account.
SECTION 21 — GOVERNING LAW; VENUE
This Agreement is governed by the laws of the State of Nevada and applicable federal law of the United States, without regard to conflict-of-law rules that would apply another jurisdiction's laws. PreLovedScents Marketplace is incorporated in Nevada. Subject to Section 17, exclusive jurisdiction and venue for permitted court proceedings shall lie in the state or federal courts located in Nevada, and you consent to personal jurisdiction there.
SECTION 22 — GENERAL
22.1 Entire agreement. This Agreement, together with the Terms of Service and Privacy Policy, constitutes the entire agreement regarding the Platform and supersedes prior understandings.
22.2 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.
22.3 No waiver. Failure to enforce any provision is not a waiver of future enforcement.
22.4 Assignment. You may not assign this Agreement without our prior written consent. We may assign freely.
22.5 Force majeure. We are not liable for delays or failures due to events beyond our reasonable control.
22.6 Contact. Legal notices: legal@prelovedscents.com · Support: support@prelovedscents.com · Privacy: privacy@prelovedscents.com
© 2026 PreLovedScents Marketplace. All rights reserved.