Version: 2026-09-10
Effective date: September 10, 2026
Last updated: September 10, 2026
This Seller Agreement (the "Agreement") governs your use of the Smailor marketplace as a seller. It is made between Victor ANDRE EI, operating Smailor ("Smailor", "we", "us"), and the person or organization accepting it ("Seller", "you").
By confirming acceptance in the seller center, you agree to this Agreement and represent that you have authority to bind the Seller. If you do not agree, do not list a domain, accept a buyer request, or receive marketplace payouts.
This Agreement supplements the Smailor Terms of Service, Acceptable Use Policy, and Privacy Policy. If there is a conflict about marketplace selling, this Agreement controls for that subject only.
1. Who may sell
The seller program is intended for business and professional activity. You must:
- be at least 18 years old and legally capable of entering into contracts;
- provide complete, accurate, and current identity, business, tax, and payment information;
- complete any identity, ownership, sanctions, fraud, or payment-provider checks we reasonably require; and
- use only domains and content that you are legally entitled to commercialize.
You may not act for another person or organization without their authorization or use the marketplace to conceal the true owner or beneficiary of a listing.
2. What a seller offers
A listing offers a buyer the right to use a specific email address on a domain you control, together with the marketplace features described at checkout. It does not transfer ownership of the domain, trademark, mailbox infrastructure, or any other intellectual property unless a separate written agreement expressly says so.
You remain responsible for the domain, its registration, renewal, DNS configuration, security, reputation, and lawful use. You must keep the domain active and technically able to provide every paid address for the duration of the relevant buyer subscription.
3. Listings and buyer requests
You must ensure that each listing and response to a buyer request is accurate, current, lawful, and not misleading. In particular, you must disclose material restrictions and must not:
- list an address that is unavailable, reserved, or promised to someone else;
- use names, marks, or terms in a way that infringes third-party rights or facilitates impersonation;
- manipulate pricing, demand, reviews, trust signals, or marketplace ranking;
- contact a buyer to bypass Smailor fees or move a marketplace transaction off-platform; or
- use buyer information for an unrelated purpose.
You choose the available address, price, billing cycle, minimum term, and other options offered by the seller tools. A buyer order becomes binding when payment is confirmed and provisioning succeeds. An accepted custom request may create or update a listing on the terms shown before you confirm it.
4. Service level and continuity
You must act reasonably to maintain continuous domain ownership, valid DNS, deliverability, and address availability. You must promptly investigate warnings and incidents shown in the seller center.
You may pause new sales at any time. Pausing or removing a listing does not end existing subscriptions or your obligations to existing buyers. You must not intentionally disrupt, redirect, monitor, or reclaim an active buyer address except where required to address abuse, security, non-payment, or law, and then only through the controls and procedures Smailor provides.
If you expect to lose control of a domain or cannot continue service, contact [email protected] immediately. Smailor may pause sales, protect or migrate active subscriptions where technically possible, refund buyers, and offset the resulting amounts against your balance.
5. Prices, platform fee, and taxes
The seller center displays the price charged to the buyer and the applicable Smailor platform fee. The fee rate recorded when a subscription is purchased applies to that subscription; a later rate change does not retroactively change that recorded rate.
Your earnings are the collected buyer payment less the platform fee, refunds, chargebacks, reversals, taxes Smailor is required to withhold, and other adjustments expressly permitted by this Agreement. Displayed balances are accounting records, not bank deposits or guaranteed funds.
You are responsible for determining, reporting, and paying all taxes, social contributions, duties, and registration obligations arising from your seller activity. You must provide tax information or invoices when legally required. Smailor may collect, report, or withhold amounts where required by law.
6. Payouts and reserves
Payouts require an accepted current Seller Agreement and a connected, verified payout account. Payment services may be supplied by an independent regulated provider under its own terms.
Seller earnings normally remain pending for the buyer-protection period displayed in the seller center, currently at least seven days after collection. The minimum payout request is currently EUR 10. Smailor may delay a payout or maintain a reasonable reserve where necessary for refunds, disputes, chargebacks, suspected fraud, sanctions screening, legal obligations, or an elevated risk of seller non-performance.
You are responsible for accurate payout details. We are not responsible for delays caused by incomplete checks, incorrect details, banking networks, payment providers, or legally required reviews. No interest accrues on pending balances or reserves.
7. Refunds, disputes, and chargebacks
Smailor may refund or credit a buyer when provisioning fails, an address is unavailable, the domain or address stops working, the service materially differs from the listing, fraud or infringement is reasonably suspected, or consumer law otherwise requires it.
Refunds, chargebacks, payment reversals, and associated provider charges may be deducted from pending or available seller balances. If those balances are insufficient, the amount becomes payable by you and may be offset against future earnings. We will provide available transaction information and a reasonable opportunity to respond unless immediate action is required by law, a payment network, security, or buyer protection.
You must cooperate promptly and provide truthful supporting records for disputes. Smailor may make the final platform decision about account access, listing status, and internal balance adjustments, without limiting either party's rights under applicable law.
8. Buyer data and privacy
Use buyer identity, contact, transaction, and usage data only to perform the marketplace transaction, provide support, prevent abuse, or comply with law. Do not sell it, enrich unrelated profiles with it, or send marketing without a separate lawful basis.
Smailor, the seller, and the buyer each act independently for the personal data they control in connection with a marketplace transaction. The DPA does not govern that independent-controller relationship. You must implement appropriate security, provide any notices required for your own processing, and notify [email protected] promptly of any incident affecting marketplace or buyer data.
9. Prohibited activity
In addition to the Acceptable Use Policy, you must not use the seller program for spam, phishing, malware, fraud, unlawful surveillance, deceptive identity practices, trafficking in stolen domains or accounts, sanctions evasion, money laundering, or any activity likely to damage email deliverability or trust in Smailor.
You must not interfere with marketplace security, automate access contrary to published limits, create related accounts to evade enforcement, or attempt to access another seller's or buyer's data.
10. Intellectual property
You retain your rights in your domains, brand material, and listing content. You grant Smailor a non-exclusive, worldwide, royalty-free license for the term of this Agreement to host, reproduce, format, and display that material as necessary to operate, secure, and promote the marketplace and fulfill active subscriptions.
You represent that your listings and performance do not violate intellectual property, privacy, publicity, consumer-protection, or other third-party rights. Smailor may remove or restrict disputed material while a claim is investigated.
11. Monitoring and enforcement
Smailor may use automated and manual checks to protect buyers, sellers, infrastructure, and deliverability. Trust labels are operational risk signals, not endorsements or guarantees.
We may warn you, limit a feature, pause listings or payouts, cancel a listing, suspend or terminate seller access, or preserve information when we reasonably believe this Agreement has been breached or action is needed for security, fraud prevention, buyer protection, payment-provider requirements, or law. Where practicable, we will explain the reason and provide an opportunity to correct or contest the issue.
12. Warranties and liability
The marketplace is provided on an "as is" and "as available" basis to the extent permitted by law. Smailor does not guarantee sales volume, revenue, buyer conduct, domain value, uninterrupted availability, or the outcome of a dispute.
To the fullest extent permitted by law, neither party is liable under this Agreement for indirect, incidental, special, consequential, or punitive damages, or loss of profit, goodwill, or business opportunity. Smailor's aggregate liability arising from the seller program in any twelve-month period is limited to the platform fees retained from your marketplace sales during that period.
Nothing excludes liability that cannot legally be excluded, including liability for fraud, wilful misconduct, or death or personal injury caused by negligence.
13. Indemnity
To the extent permitted by law, you will defend and indemnify Smailor against third-party claims, losses, and reasonable costs arising from your domain or listings, your breach of this Agreement or law, infringement by your material, tax obligations assigned to you, or your intentional disruption of an active buyer subscription, except to the extent caused by Smailor's breach or fault.
14. Term and termination
This Agreement starts when you accept it and continues while you use the seller program or have an active buyer subscription, unpaid balance, reserve, or unresolved obligation.
You may stop new sales through the seller center and may terminate your seller participation after all active subscriptions and outstanding obligations are resolved. Smailor may terminate this Agreement for material breach, prolonged inactivity, legal or provider requirements, or discontinuation of the seller program. Reasonable advance notice will be given where circumstances permit.
Termination does not erase accrued payment, refund, tax, confidentiality, data-protection, liability, indemnity, dispute, or record-retention obligations.
15. Changes to this Agreement
We may update this Agreement for legal, security, operational, or commercial reasons. The seller center will identify the current version. For a material change, we will provide reasonable advance notice where practicable and require renewed acceptance before affected seller features or payouts continue. An urgent change required by law or security may take effect sooner.
16. Governing law and disputes
This Agreement is governed by French law. Courts with jurisdiction under applicable law will hear disputes. Mandatory protections and jurisdiction rules that cannot be waived remain unaffected.
Before filing a claim, please contact [email protected] and allow a reasonable opportunity to resolve the issue informally.
17. General terms
This Agreement and the incorporated documents are the complete agreement about marketplace selling. You may not assign it without our written consent, except as part of a genuine transfer of your business and the relevant domains. If one provision is unenforceable, the remainder continues. A delay in enforcement is not a waiver. Neither party is liable for delay caused by events beyond its reasonable control.
The English version controls unless mandatory law requires otherwise. Notices may be delivered to the email associated with your account or through the seller center. Smailor's legal identity and administrative contact details are in the Legal Notice.