Terms of Service

1. Acceptance & Eligibility

• You must be at least 18 years old to create an account, list animals, or make any purchase.
• By using the Platform you represent that you are at least 18 years of age and have full legal capacity to enter into this agreement.
• If you are using the Platform on behalf of a business, you represent that you have authority to bind that business to these Terms.
• You represent that your use of the Platform, and any animals you list or purchase, complies with all applicable laws in your jurisdiction.

2. Accounts

• You are responsible for maintaining the confidentiality and security of your account credentials.
• You must provide accurate, complete, and current registration information and keep it up to date.
• You may not share your account with others or create multiple accounts without our express written permission.
• You are responsible for all activity that occurs under your account.
• Account authentication is handled by Clerk, Inc. Use is subject to Clerk's Terms of Service (clerk.com/legal/terms) in addition to these Terms.
• We reserve the right to suspend or permanently terminate accounts that violate these Terms.

3. Marketplace & Transactions

Herpify is a marketplace platform. We provide a venue for buyers and sellers to connect. We are not a party to any transaction between them. When you buy or sell an animal through Herpify:

• The contract for sale is between the buyer and the seller. Herpify is not a buyer, seller, agent, auctioneer, or broker in any transaction.
• Herpify does not inspect, authenticate, or take possession of any animal. We do not guarantee the accuracy of listing descriptions, the health or quality of any animal, or the conduct of any user.
• Buyers are solely responsible for verifying that an animal is legal to purchase, import, and keep in their jurisdiction before completing a transaction.
• Sellers are solely responsible for ensuring that animals are legal to sell and transport, and for obtaining all required permits and documentation prior to shipping.
• Herpify does not process payments between buyers and sellers for animal sales. Any payment arrangements are made directly between the parties. Herpify subscription fees are the only payments processed by Herpify.

4. Listings

Permitted listings

You may list captive-bred (CB), captive-hatched (CH), or legally acquired wild-caught (WC) reptiles, amphibians, and invertebrates that you legally own and are entitled to sell in your jurisdiction. You must accurately declare the source status (CB, CH, or WC) on every listing.

Absolutely prohibited listings

Regardless of any claimed permit or legal status, the following are prohibited on the Platform:

• Animals obtained through poaching, theft, or illegal collection from the wild
• CITES Appendix I species without valid export and import permits issued by the relevant Management Authority
• Species prohibited from private ownership under the laws of your jurisdiction (e.g., Schedule 1 species under Australia's EPBC Act without appropriate Commonwealth approval)
• Venomous species in any jurisdiction where private keeping or sale without a specific dangerous animals licence is prohibited
• Animals listed under the US Endangered Species Act (16 U.S.C. § 1538) without valid ESA permits
• EU-protected species (Birds and Habitats Directives) without valid CITES documentation and EU Certificates
• Species subject to domestic protection or sale prohibitions under German Naturschutzgesetz, UK Wildlife & Countryside Act 1981, or equivalent legislation in supported jurisdictions

This list is non-exhaustive. Users are solely responsible for knowing the law in their jurisdiction. Listing a prohibited animal is grounds for immediate account termination and may be reported to wildlife authorities.

Listing requirements

• All listing information must be accurate, complete, and not misleading.
• Photos must show the actual animal(s) being offered for sale, not stock photos or images of different animals.
• Species and morph must be accurately identified. Misrepresenting a species or morph is grounds for permanent ban.
• Prices must be in the currency of your country. Do not include fees that are not payable by the buyer.
• Where legally required (e.g., microchip numbers under NSW Biosecurity Act, permit numbers for CITES-listed species), that information must be included in the listing.
• Shipping arrangements must comply with all relevant animal welfare, transport, and import/export regulations in both origin and destination countries.
• Listings for deceased animals are not permitted.

5. Wildlife Law & CITES Compliance

Herpify operates across jurisdictions with varying wildlife protection laws. You are solely responsible for compliance with all applicable wildlife legislation. Key frameworks include:

• CITES (all 5 countries): If an animal is listed under CITES Appendix I or II, the seller must hold valid CITES export permits and the buyer must ensure valid import permits are obtained before shipment. CITES documentation must be available on request.
• Australia: Environment Protection and Biodiversity Conservation Act 1988 (Cth) and relevant state/territory legislation (e.g., National Parks and Wildlife Act 1974 (NSW), Wildlife Act 1975 (Vic)).
• United States: Lacey Act (16 U.S.C. § 3371), Endangered Species Act, and applicable state laws.
• United Kingdom: Wildlife & Countryside Act 1981, Control of Trade in Endangered Species Regulations 2018.
• European Union (Germany, France, Poland): Council Regulation (EC) 338/97 on protection of species of wild fauna and flora, national implementing legislation.
• Japan: Act on Conservation of Endangered Species of Wild Fauna and Flora (Law No. 75/1992).
• South Korea: Wildlife Protection and Management Act.
• South Africa: National Environmental Management: Biodiversity Act 10 of 2004.
• Canada: Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA).

Misrepresentation of an animal's source (e.g., claiming CB status for a WC animal) is a violation of these Terms and may constitute a criminal offence under applicable wildlife law. Herpify will cooperate fully with wildlife authorities investigating any such violations.

6. Waitlists & Deposits

Herpify allows sellers to create waitlists for upcoming clutches and accept expressions of interest or deposits before animals hatch or are ready for sale. The following conditions apply:

• Sellers who collect deposits must clearly state the deposit amount, whether it is refundable, and the conditions under which refunds are given (e.g., if the clutch does not produce the requested morph).
• A deposit does not create a binding contract of sale unless the seller explicitly confirms the reservation in writing after the animal is available.
• Sellers must not collect deposits for animals they do not reasonably expect to produce. Collecting deposits for non-existent or speculative animals may constitute fraud.
• Herpify is not responsible for the management or return of deposits between buyers and sellers. Deposit disputes are between the buyer and seller directly.
• Buyers are advised to use traceable payment methods for any deposit and to obtain written confirmation of refund terms before paying.

7. Payments & Subscriptions

• Herpify subscription fees are processed through Stripe, Inc. By subscribing, you also agree to Stripe's Terms of Service (stripe.com/legal).
• Subscriptions are offered on monthly or annual billing cycles and auto-renew unless cancelled.
• Cancellations take effect at the end of the current billing period. You retain access to paid features until the period ends.
• Prices are displayed in the currency relevant to your country. We reserve the right to change subscription pricing with at least 30 days' written notice via email.
• Refunds are not provided for partial billing periods, except: (a) as required by Australian Consumer Law or other mandatory consumer protection legislation applicable in your jurisdiction; or (b) within our 30-day money-back guarantee window for first-time paid subscribers.
• If your payment fails, we will attempt to retry the charge. Continued payment failure may result in downgrade to the FREE tier.
• The FREE tier is provided as-is with no service-level commitments. Paid tiers are subject to the features described on the pricing page at the time of subscription.

8. Breeder Verification

Herpify offers a Verified Breeder programme for users on the Breeder subscription tier. Verification confirms a breeder's identity and, where applicable, their reptile keeper licence status. It does not guarantee the quality, health, or legality of any specific animal listed by a verified breeder.

Identity verification via Stripe

The primary verification method uses Stripe Identity, a secure third-party identity verification service operated by Stripe, Inc. When you choose automated verification:

• You will be redirected to a Stripe-hosted page to photograph your government-issued ID and take a selfie.
• Stripe processes your identity documents and biometric data (facial imagery) solely for the purpose of verifying your identity. Herpify never receives, sees, or stores your ID images or biometric data.
• Herpify receives only a pass/fail result and a verification session identifier from Stripe.
• Before proceeding, you must provide explicit consent to Stripe processing your biometric data for verification purposes. You may withdraw consent at any time, though this will prevent completion of the verification process.
• Stripe retains biometric data for up to 1 year and non-biometric identity data for up to 3 years, unless you request earlier deletion. You may request deletion at any time by contacting us.
• Use of Stripe Identity is subject to Stripe's Privacy Policy in addition to these Terms.

Manual verification

As an alternative, you may opt for manual review. Our team will contact you with instructions for securely submitting documentation. Manual reviews are typically completed within 1–3 business days.

Licence numbers

Where your country requires a reptile keeper licence, you may be asked to provide your licence number during verification. Licence numbers are encrypted at rest using AES-256-GCM and retained for 7 years to satisfy record-keeping obligations under applicable wildlife legislation.

Your obligations

• All information and documents submitted for verification must be accurate, current, and truthful.
• You must comply with all applicable wildlife laws in your jurisdiction.
• If your licence expires, is revoked, or your circumstances change materially, you must notify us promptly.
• Submitting fraudulent, forged, or stolen identity documents is grounds for immediate and permanent account termination and may be reported to law enforcement authorities.

Verification decisions

We reserve the right to approve, reject, or revoke verification status at our discretion. If your application is not approved, you will receive feedback and may resubmit at any time. If you believe a decision was made in error, you may contact us at [email protected] . We review every appeal personally. Our verification process is still evolving as we onboard breeders across different countries with different regulatory frameworks, and we welcome your feedback.

9. User Content

By posting content on the Platform (listings, photos, messages, reviews, profile information), you:

• Retain full ownership of your content.
• Grant Herpify a worldwide, non-exclusive, royalty-free, sublicensable licence to use, display, reproduce, and distribute that content solely for the purpose of operating and promoting the Platform.
• Represent and warrant that you own or have all necessary rights to the content you post, and that it does not infringe any third-party rights, including intellectual property rights or privacy rights.
• Represent and warrant that all photos of animals are photos of the actual animal(s) being listed for sale by you.
• Acknowledge that we may remove any content that violates these Terms or that we determine, in our sole discretion, to be harmful, misleading, or otherwise inappropriate.

10. Prohibited Conduct

You must not:

• List, sell, or facilitate the sale of illegally obtained, wild-caught without permits, or stolen animals
• Misrepresent species, morph, age, sex, health status, or source (CB/CH/WC)
• Conduct or facilitate off-platform transactions to circumvent Platform rules
• Solicit other users to move to competing platforms or to conduct transactions outside of Herpify
• Harass, threaten, defame, or abuse other users
• Post spam, fraudulent listings, duplicate listings, or listings for animals you do not own
• Create fake reviews, testimonials, or inflate engagement metrics
• Impersonate another user, breeder, or Herpify staff member
• Use automated tools, bots, or scrapers without our express written permission (see Section 11)
• Attempt to reverse-engineer, decompile, or compromise the security of the Platform
• Use the Platform for any unlawful purpose or in violation of any applicable law
• Collect or harvest personal data of other users from the Platform
• Introduce malware, viruses, or any malicious code into the Platform

Violations may result in immediate account termination without refund and, where appropriate, referral to law enforcement or wildlife authorities.

11. API & Automated Access

Access to Herpify's API or automated access to any part of the Platform is permitted only with our express written approval. Unauthorised automated access (including scraping, crawling, or data harvesting) is prohibited and may constitute a violation of applicable computer misuse legislation. Approved API access is subject to rate limits and any additional terms provided at the time of approval.

12. Intellectual Property

The Platform, including its design, code, trademarks, logos, and all content produced by Herpify, is owned by Herpify Pty Ltd and protected by Australian and international intellectual property law. You may not copy, reproduce, modify, or distribute any Herpify-owned content without our express written permission. Your feedback, suggestions, and feature requests submitted to us may be used by Herpify without compensation or attribution.

13. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED ACCESS. WE DO NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, SECURE, OR AVAILABLE AT ALL TIMES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, LEGALITY, OR RELIABILITY OF ANY LISTING OR USER CONTENT.

Nothing in these Terms is intended to exclude implied guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) to the extent they cannot lawfully be excluded. EU and UK consumers retain rights under applicable mandatory consumer protection law.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Herpify, its directors, employees, and contractors will not be liable for any:

• Indirect, incidental, special, consequential, exemplary, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Losses arising from transactions between buyers and sellers on the Platform
• Losses arising from an animal's failure to survive transport, disease, or any other cause post-sale
• Losses arising from regulatory action, seizure, or legal proceedings relating to any listed animal
• Platform unavailability, data loss, or security breaches beyond our reasonable control

Our total aggregate liability to you for all claims arising under these Terms shall not exceed the greater of (a) the total subscription fees paid by you to Herpify in the 12 months preceding the claim, or (b) AUD $100.

15. Indemnification

You agree to defend, indemnify, and hold harmless Herpify, its directors, employees, agents, and contractors from and against any claims, damages, penalties, fines, losses, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Platform or breach of these Terms
• Any listing you post, including claims that it is inaccurate, misleading, or infringes third-party rights
• Any transaction you enter into as buyer or seller through the Platform
• Any violation of applicable wildlife, customs, or import/export law in connection with any animal you list or purchase
• Any content you upload, including photos to which you do not hold the rights

16. Termination

You may terminate your account at any time via Account Settings. Upon termination: your listings will be removed, your profile will be deactivated, and your access to paid features will cease at the end of the current billing period.

We may terminate or suspend your account immediately and without prior notice if we determine, in our sole discretion, that you have materially breached these Terms, engaged in fraudulent or illegal conduct, or pose a risk to other users or the integrity of the Platform. No refund will be issued on termination for cause.

Sections 9, 12, 13, 14, 15, and 17 of these Terms survive termination.

17. Governing Law & Disputes

These Terms are governed by the laws of Victoria, Australia, without regard to conflict-of-laws principles. You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria for resolution of any dispute arising under these Terms.

Before commencing formal proceedings, you agree to first contact us at [email protected] and attempt to resolve the dispute in good faith within 30 days.

If you are an EU or UK consumer, mandatory consumer protection laws of your country of residence apply in addition to these Terms where they confer greater protections, and you may bring proceedings in the courts of your country of residence. EU consumers may also use the European Commission's Online Dispute Resolution platform (ec.europa.eu/consumers/odr).

If you are an Australian consumer, nothing in these Terms excludes your rights under the Australian Consumer Law, including guarantees that cannot be excluded under the Competition and Consumer Act 2010 (Cth).

18. Changes to These Terms

We may modify these Terms at any time. For material changes, we will provide at least 14 days' notice by email and by posting a notice on the Platform. Continued use of the Platform after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and may terminate your account.

19. Contact

Questions about these Terms: [email protected]