Terms of Service
All terms and conditions are based upon the Biblical principles that a workman is worth their hire. Any fees listed are to ensure proper management of Kehilla so that sellers and buyers have an excellent experience. However, we also want to ensure that those putting the hard work into their products are properly compensated without excessive fees.
Transaction Fees
When you make a sale through kehillamarket.com, you will be charged a transaction fee of 5% of the total transaction price for each listing. If you offer optional personalization for an additional fee, the additional fee for personalization is added to the listing price you display and the total display price is subject to the same transaction fees described in this Section. See the Taxes section below for more information about whether you are required to include applicable taxes in your listing prices. Transaction fees are deducted from your current balance as each sale occurs, and are reflected in your payment account. Buyers will be charged a 3% fee on the total transaction price to cover the Stripe transaction fee. The Kehilla marketplace website, its hosting service, development efforts and support all have considerable cost. This fee structure is designed to provide a fair, responsible and righteous recovery of these costs.
Off-Platform Transactions
Buy and sell items safely and securely on Kehilla. Off-platform transactions are not protected by Kehilla’s secure payment platform or policies, and offers to buy or sell outside Kehilla are a potential fraud risk for buyers and sellers. Therefore, any action to move a transaction off the Kehilla platform is strictly prohibited by Kehilla. This includes, for example, encouraging buyers to purchase an item in your Kehilla shop through another venue or directing buyers to another venue via a QR code. A transaction initiated on Kehilla may not be completed off of Kehilla. The price stated in each listing description must be an accurate representation of the sale. Sellers may not alter the item's price after a sale for the purpose of avoiding Kehilla transaction fees, misrepresent the item’s location, or use another user's account without permission.
Paying your Kehilla Fees
Kehilla will automatically deduct all fees owed from your payment account, with the exception of the set-up fee which is charged to your card when you complete onboarding. Provided you have sufficient funds in your payment account, no further payment action is required. If your payment account does not contain sufficient funds, you are responsible for paying any fees owed in full within 15 days of the date of your monthly statement, or the account will be considered past due, and Kehilla may charge your card on file. If you make a sale while you have an outstanding balance, the net sale amount will be applied to it. You may pay your outstanding balance manually by credit card, debit card, or PayPal. Kehilla may suspend your selling privileges at any time, pending payment of your outstanding balance.
Taxes
You are responsible for collecting and paying any taxes associated with using and making sales through Kehilla’s services, including any fines, penalties and/or interest assessed directly or indirectly on such taxes (even if retroactive).
Marketplace Reporting of Seller Information
Kehilla will issue 1099-K forms to certain sellers to comply with IRS and applicable state requirements. You may opt-in at any time to receive your 1099-K form electronically. If you reached more than $20,000 USD in gross sales and more than 200 transactions in 2024 or met a threshold for your state. Kehilla will have a 1099-K form for you to use when filing for the 2024 tax year. Several states have different reporting thresholds from the IRS to be issued a 1099-K. You’ll be issued a Form 1099-K from Kehilla if you met either the federal threshold or a threshold for your state in 2024.
Your Account with Kehilla
You’ll need to create an account with Kehilla to use some of our Services. Here are a few rules about accounts with Kehilla:
A. Minors under 18 years of age are only permitted to use our Services with permission from and under direct supervision of a parent or legal guardian. Parents or legal guardians are responsible for any and all account activity conducted by a minor on the account.
B. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
C. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights or otherwise violates the Terms.
D. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Accounts are generally not transferable.
E. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
F. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Kehilla.
G. To participate in our case system or to appeal an action by Kehilla, you must have an account.
Your Content
Content that you post using our Services is your content. We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. By posting Your Content through our Services, you grant Kehilla and a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Kehilla function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree Kehilla may share your content on our social media accounts, community pages, etc to help promote your business and grow Kehilla as a whole.
C. By posting Your Content, you grant Kehilla and, as authorized by Kehilla in its sole discretion, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Kehilla, your Kehilla shop, other shops and listings, or the Services in general, in any formats and through any channels, including across any Kehilla Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
Consider these examples: if you upload a photo or video of a listing on your Kehilla shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile device; or if you post a beautiful photo or video of your latest handmade item, we can feature it– often along with your shop name and shop picture– on our community homepage, in one of our social media posts or even on an advertisement to help promote your business and Kehilla’s.
D. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
E. There are certain types of content we don’t want posted on Kehilla’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
A. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal 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). You may not sell anything that violates any laws 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 Kehilla, another Kehilla user, or a third party.
B. You are responsible for paying all fees that you owe to Kehilla. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
C. You agree not to reverse engineer or attempt to obtain the source code of the Services (including both Kehilla Intellectual Property and Seller Content) without our express permission.
D. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.
E. The name "Kehilla" and the other Kehilla marks, phrases, logos, and designs that we use in connection with our Services are trademarks, service marks, or trade dress of Kehilla in the US and other countries.
F. We love your suggestions and ideas! They can help us improve your experience and our Services. Any ideas or other materials you submit to Kehilla (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Termination
Termination By You. You may terminate your account with Kehilla anytime from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. If there are outstanding bill you’ll still have to pay them.
Termination By Kehilla. We may terminate or suspend your account (and any accounts Kehilla determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Kehilla will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or Kehilla terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services Kehilla reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Kehilla’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Items You Purchase. You understand that Kehilla 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 Kehilla 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 Kehilla 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). Content You Access. Kehilla is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With
You can use the Services to interact with other individuals, either online or in person. However, 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.
Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Kehilla is not a party to those agreements; they are solely between you and the third party.
Promotions. Kehilla special offers or promotions are managed by Kehilla in its sole discretion and redemption of and participation in such offers or promotions are subject to Kehilla's sole discretion. Kehilla is not responsible for special offers or promotions provided by sellers.
Indemnification
We hope this never happens, but if Kehilla 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 Kehilla (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.
Disputes with Other Users
If you find yourself in a dispute with another user of Kehilla’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites may contact us through their registered account. In our sole discretion, Kehilla will attempt to help you resolve disputes in good faith, but we will not make judgments or determinations regarding legal issues or claims. Kehilla has no obligation to resolve, or to assist in resolving, any disputes.
Changes to the Terms
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.