The legal stuff,
plain and simple.
By using Topsplitters, you agree to these terms. We've written them to be readable — not to bury you in legalese.
1. Who we are
Topsplitters is a marketplace operated by Topsplitters, Inc., a company incorporated in the State of California, United States. By creating an account or using any part of our platform, you agree to be bound by these Terms.
2. Eligibility
You must be at least 18 years of age to use Topsplitters. You must also have the legal capacity to enter into a binding contract under the laws of your jurisdiction.
3. Your account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Contact us immediately if you suspect unauthorised access.
4. How Topsplitters works
Topsplitters operates a marketplace connecting buyers and sellers of sim racing hardware. We are not the seller of any item listed on the platform and never take ownership of it. The contract of sale for any transaction is between the buyer and the seller directly.
Payments are processed through Stripe, with Topsplitters as the merchant of record. This means the charge on your statement comes from Topsplitters, and we hold funds until they're released under the terms below. It does not mean we are a party to the underlying sale, or that we hold funds in trust on your behalf beyond what these Terms describe.
5. Buying on Topsplitters
When you complete a purchase, your payment is held until delivery is confirmed by tracking and a 72-hour window has passed, or until you release funds to the seller sooner. If a problem arises during that window, you may open a dispute rather than releasing funds; see our Buyer Protection and Returns & Disputes policies for the full process and possible outcomes.
You separately cover the cost of Stripe's payment processing on your purchase, currently 2.9% + $0.30. This is not a Topsplitters fee; it is passed through at the same rate Stripe charges any business accepting card payments, and we do not earn anything from it.
6. Selling on Topsplitters
To sell on Topsplitters, you must verify your account with a valid email address and phone number. Every listing must correspond to a product in our catalog and must include a completed Condition Report, a structured disclosure of the item's wear, damage, missing accessories, and included packaging, backed by photo evidence where applicable.
Once a sale is made, you have 24 hours to cancel it without explanation, after which the buyer is refunded automatically. Outside that window, you're required to ship within 2 business days and provide valid tracking. Repeated or frequent cancellations may affect your standing as a seller.
Standard seller accounts pay a 10% service fee on each completed sale, capped at $400. Official Partner and Manufacturer accounts, a separate tier we extend directly to vetted brands and authorized resellers, pay a reduced 5% fee under the same cap, and may list Brand New and Refurbished items unavailable to other sellers.
7. Prohibited items and listings
You may not list an item that is not in your possession, that you do not have the legal right to sell, or that does not exist in our product catalog. Listing an item under the wrong product page to gain visibility is not permitted.
Items must be fully functional. You may not list anything broken, faulty, missing a part required for it to work, or offered for parts or repair. Items that have been modified from their original factory or stock configuration are not accepted on Topsplitters under any condition grade.
You may not list counterfeit or stolen goods, items subject to an active safety recall, items you do not have the legal right to ship, or anything unrelated to sim racing hardware. We may remove any listing that violates this section without notice and take action against the account responsible.
8. Fees
Buyers separately cover the cost of Stripe's payment processing, currently 2.9% + $0.30. We do not add a markup to this fee and do not earn anything from it. Sellers pay a service fee deducted from the sale price upon a completed transaction: 10% for standard seller accounts, or 5% for Official Partner and Manufacturer accounts, each capped at $400 on high-value items. Listing is and will always be free, with no monthly subscriptions. We reserve the right to modify our fee structure with reasonable notice.
9. Disputes and returns
If an item you receive doesn't match its listing, arrives damaged, or never arrives at all, you may open a dispute within 72 hours of confirmed delivery. Once you open a dispute, our team reviews the listing, the Condition Report, and any evidence submitted before deciding an outcome.
If a dispute is resolved in the buyer's favor, we purchase a prepaid, insured return label at no cost to either party. Once tracking confirms the item has reached the seller, they have 72 hours to confirm its condition or raise a concern of their own. If the seller does not respond in that window, the return is treated as confirmed and the buyer's refund proceeds automatically. If the seller raises a concern, our team reviews the matter directly rather than deciding automatically for either side.
If a dispute is resolved in the seller's favor, the held funds are released to the seller in full and the transaction is considered final.
10. Prohibited conduct
You agree not to list items outside our catalog, misrepresent any item, conduct transactions off-platform to circumvent fees, use the platform for fraudulent or illegal purposes, harass other users, manipulate ratings, or use automated tools to scrape platform data without written permission. Violations may result in immediate account suspension.
11. Intellectual property
All content on the Topsplitters platform — including design, text, graphics, logos, and software — is the property of Topsplitters, Inc. and is protected by applicable intellectual property laws. You may not reproduce or distribute any platform content without our express written permission.
12. Disclaimer of warranties
Topsplitters provides the platform on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the platform's operation, reliability, or the accuracy of any content. All purchases are made at the buyer's own risk, subject to our Buyer Protection policy.
13. Indemnification
You agree to indemnify and hold Topsplitters, its officers, employees, and agents harmless from any claim, loss, or expense, including reasonable legal fees, arising from your use of the platform, any item you list or purchase, your violation of these Terms, or your violation of any right of a third party. Because the contract of sale between a buyer and seller is theirs alone, we are not a party to a dispute between them and are not responsible for resolving disagreements outside the dispute process described in these Terms.
14. Limitation of liability
To the fullest extent permitted by law, Topsplitters, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the platform. Our total liability for any claim shall not exceed the greater of (a) fees paid by you to Topsplitters in the preceding 12 months, or (b) $100.
15. International users
Topsplitters is operated from the United States. Buying and selling on the platform is currently available only to users with a United States shipping address, and, for sellers, a connected United States bank account through Stripe. Browsing the platform is available from anywhere, but a transaction outside these limits cannot be completed.
16. Governing law & disputes
These Terms are governed by the laws of the State of California. Any dispute shall be resolved exclusively in the state or federal courts located in Los Angeles County, California.
17. Class action waiver
Any claim arising from these Terms or your use of Topsplitters must be brought individually, not as part of a class, collective, or representative action. Neither party may participate in a class action against the other, and an arbitrator or court may not combine more than one person's claims into a single proceeding unless both parties agree to it separately.
18. Changes to these Terms
We may update these Terms from time to time. For material changes, we'll notify you by email. Continued use of the platform after changes take effect constitutes acceptance of the revised Terms.
19. Contact
Questions about these Terms? Contact us.
Last updated: September 2026