Terms of Service

These Terms of Service ("Terms") govern your use of the OffTorque platform operated by OffTorque LLC ("OffTorque," "we," "us"). By creating an account or using the platform, you agree to these Terms.

1. Eligibility

You must be at least 18 years old to use OffTorque. By creating an account you confirm that you meet this requirement and that all information you provide is accurate and complete.

2. Account Types

Customers may submit service requests, receive quotes from service professionals, and make payments through the platform.

Service professionals must be approved by OffTorque before accessing the platform. Approval is at our sole discretion. Service professionals are independent contractors, not employees, agents, or partners of OffTorque. OffTorque does not control how service professionals perform their work, set their schedules, or dictate their tools or methods.

eXchange buyers and sellers. Any account holder may buy items on OffTorque eXchange. Any account holder may also sell, once they have completed payment-account onboarding through Stripe. Selling on eXchange does not require becoming a service professional, and does not change an existing account's role. Section 7 governs eXchange.

3. Platform Role

OffTorque operates two marketplaces on one platform.

Services. We connect customers with independent service professionals across 40+ trades. We do not perform any services, employ service professionals, or guarantee the quality of any work performed. All service agreements are made directly between the customer and the service professional. OffTorque is not a party to those agreements.

eXchange (goods). We provide a venue where users list and sell their own tangible items to one another. OffTorque never owns, stocks, inspects, handles, stores, or ships any item listed on eXchange. We are not a retailer, reseller, consignee, auctioneer, or broker of any item. Every sale is a contract directly between the buyer and the seller, and OffTorque is not a party to it. We do not verify the authenticity, condition, legality, provenance, safety, or description accuracy of any item.

Because payment is processed on OffTorque's Stripe account before the seller's share is transferred to them, OffTorque may appear as the merchant of record on your card statement. That is a payment-processing arrangement only. It does not make OffTorque the seller of the item, and it does not make OffTorque responsible for the item.

4. Service Professional Verification

Before being approved to accept jobs, service professionals are required to complete identity verification through Stripe and a background check completed in person at their local BCI/FBI office, confirmed by an OffTorque administrator. Verification approval does not constitute an endorsement of any service professional's skills, workmanship, or professionalism. OffTorque makes no representations or warranties regarding the suitability of any service professional for a particular job.

5. Payments

Payments are processed through Stripe, a third-party payment processor. By making a payment, you also agree to Stripe's Terms of Service. OffTorque charges a platform fee on transactions, applied at the same rate to both service payments and eXchange orders. On eXchange, the platform fee applies to the item price and to any shipping the seller charges. All applicable fees are disclosed before payment is completed. Payments are final once processed.

6. Refunds and Disputes

Platform and subscription fees are final and non-refundable, except in the limited cases set out in our Refund Policy or where a refund is required by applicable law. Charges for a service professional's labor and parts are an agreement between the customer and the service professional, and charges for an eXchange item are an agreement between the buyer and the seller; OffTorque is not a party to either. eXchange sales are final and OffTorque does not operate a returns program, as set out in Section 7.6 and the Refund Policy. For billing questions or unresolved disputes, contact support@offtorque.com.

7. OffTorque eXchange

This section governs OffTorque eXchange, the marketplace where users buy and sell tangible items. It applies in addition to the rest of these Terms. Where this section conflicts with another section, this section controls for eXchange transactions.

7.1 Who may sell

You may list items once you have completed Stripe payment-account onboarding. You must be the lawful owner of every item you list, or be authorized by the owner to sell it, and you must have the legal right to transfer it. You are responsible for determining whether your selling activity requires any business licence, sales-tax registration, or other authorization where you live, and for meeting those obligations yourself.

7.2 Listing accuracy

You must describe each item honestly, including its condition, and use photographs of the actual item. Do not misstate authenticity, brand, model, age, defects, or completeness. Listings that are false, misleading, or duplicated may be removed without notice.

7.3 Prohibited and restricted items

You may not list:

• Titled motor vehicles, including cars, trucks, motorcycles, RVs, trailers, and boats, where the sale requires a certificate of title to transfer. Ohio and most states collect tax on a vehicle sale at title transfer through the county clerk, so paying for one through platform checkout risks the buyer being taxed twice. The Vehicles category is for parts, accessories, and untitled items. A titled vehicle may be listed for contact and arrangement only, with payment and title transfer completed off-platform between buyer and seller. This restriction is under review and may be lifted.
• Firearms, ammunition, explosives, and weapon components
• Controlled substances, prescription medicines, tobacco, vaping products, and alcohol
• Stolen property, counterfeit or replica branded goods, and items that infringe another party's intellectual property
• Recalled products, and items subject to a safety ban
• Hazardous materials, live animals, and human remains or bodily fluids
• Personal data, account credentials, financial instruments, gift cards, and tickets prohibited from resale
• Adult material, and anything unlawful to sell or possess where either party is located
• Services of any kind. Services belong on the services side of the platform, not eXchange.

We may remove any listing, and suspend any account, at our sole discretion.

7.4 Fulfilment, risk, and title

Each listing offers local pickup, shipping, or both, as the seller chooses. Shipping is currently limited to addresses within the United States.

The seller is solely responsible for fulfilment, including packing, postage, carrier choice, insurance, tracking, customs, and delivery timing. OffTorque provides no shipping, no labels, no insurance, and no delivery guarantee. Title to and risk of loss in an item pass from seller to buyer on delivery to the buyer, or on handover at a pickup.

Local pickup means two people meeting in person. Read our Safety Policy before arranging one. Meet in a public place, in daylight, and bring someone with you where you can. OffTorque does not supervise, attend, or vet these meetings.

7.5 Condition of items

Every item on eXchange is sold as-is, where-is, with all faults, and without any warranty of any kind from OffTorque. OffTorque makes no representation as to merchantability, fitness for a particular purpose, authenticity, safety, or conformity to description. Any warranty is between the buyer and the seller alone. Inspect before you buy where you can, and ask the seller questions through in-platform messaging before purchasing.

7.6 Sales are final

OffTorque does not operate a returns, buyer-protection, or money-back programme for eXchange, and eXchange sales are final. If an item does not arrive, arrives damaged, or is not as described, that is a matter between the buyer and the seller to resolve directly, and OffTorque is not a party to it and does not adjudicate it. Sellers may offer their own return terms voluntarily; any such promise is the seller's alone and OffTorque does not enforce it.

The narrow circumstances in which OffTorque itself will issue a refund are set out in the Refund Policy and are limited to duplicate charges, platform billing errors, and orders cancelled before the seller shipped or handed over the item. Nothing in this section limits any right you have that cannot be waived under applicable consumer-protection law.

7.7 Chargebacks

Contact support@offtorque.com, and the other party, before disputing a charge with your bank. Where a buyer files a chargeback on an eXchange order, OffTorque may withhold, reverse, or recover the corresponding amount from the seller's payout, and may set it off against the seller's future payouts, since the seller received the proceeds of that sale. Sellers agree to cooperate and to provide proof of delivery or handover on request. Repeated chargebacks, on either side, may result in suspension.

7.8 Taxes

OffTorque does not currently calculate, collect, or remit sales tax on eXchange orders. Sellers are responsible for determining and meeting their own tax obligations, including any sales-tax registration, collection, and remittance duties, and for reporting their own income. Buyers are responsible for any use tax they owe. This allocation may change if OffTorque is later determined to be a marketplace facilitator, in which case we will update these Terms and notify users.

8. Prohibited Conduct

You agree not to:

• Use the platform for any unlawful purpose
• Circumvent the platform by transacting directly with service professionals, customers, buyers, or sellers you met through OffTorque to avoid platform fees
• Post false, misleading, or fraudulent information, including in an eXchange listing
• List an item you do not own, may not lawfully sell, or do not intend to deliver
• Manipulate marketplace signals, including by buying your own listings, arranging sham transactions, or posting reviews you did not earn
• Harass, threaten, or abuse other users
• Attempt to gain unauthorized access to any part of the platform or its infrastructure
• Use automated tools (bots, scrapers, or similar) to access the platform
• Impersonate another person or entity

9. Intellectual Property

All content on OffTorque, including the OffTorque name, logo, brand, design, and software, is owned by OffTorque LLC and protected by applicable copyright, trademark, and intellectual property laws. You may not copy, reproduce, modify, or distribute any part of the platform without our prior written permission. Listing photographs and descriptions you upload remain yours; you grant OffTorque a licence to display them as described in Section 10.

10. Reviews and User Content

By submitting a review, message, listing, listing photograph, or other content through the platform, you grant OffTorque a non-exclusive, royalty-free license to use, display, and moderate that content in connection with operating and promoting the platform. You are responsible for ensuring that any content you submit is accurate, lawful, and does not infringe the rights of others, including that you hold the rights to any photograph you upload.

11. Disclaimer of Warranties

OffTorque is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the platform will be uninterrupted, error-free, or secure; that any service professional will be available or qualified for your specific service need; or that any eXchange listing is accurate, authentic, lawful, safe, or that any seller will fulfil an order. Items sold on eXchange are sold as-is by their sellers, and OffTorque disclaims all warranties in respect of them, as set out in Section 7.5. Your use of the platform is at your own risk.

12. Limitation of Liability

To the fullest extent permitted by applicable law, OffTorque LLC, its officers, directors, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the platform, services obtained through it, or items bought or sold through eXchange. This includes damages resulting from work performed by a service professional, from an item that is not delivered, is defective, is not as described, or causes injury or loss, and from any in-person meeting arranged through the platform. Our total aggregate liability to you shall not exceed the amount you paid to OffTorque in the 30 days prior to the claim.

13. Indemnification

You agree to indemnify and hold harmless OffTorque LLC, its officers, directors, and employees from any claims, losses, liabilities, damages, or expenses (including reasonable attorney's fees) arising from your use of the platform, your violation of these Terms, your violation of any third-party rights, or, if you sell on eXchange, from any item you list or sell, including claims that it was defective, unsafe, counterfeit, not as described, or unlawful to sell.

14. Account Termination

We reserve the right to suspend or terminate any account at our sole discretion, with or without notice, for violations of these Terms or conduct we determine to be harmful to the platform or its users. You may request deletion of your account at any time by contacting support@offtorque.com.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Ohio, United States, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or your use of the platform shall be resolved through binding arbitration in Ohio under the rules of the American Arbitration Association, except where prohibited by law. You waive any right to a jury trial or class action proceeding.

16. Changes to These Terms

We may update these Terms at any time. We will notify registered users by email or by posting a notice on the platform at least 14 days before material changes take effect. Continued use of OffTorque after changes take effect constitutes your acceptance of the revised Terms.

17. Contact

For questions about these Terms:
support@offtorque.com
OffTorque LLC, Ohio, United States