Terms of Use

These Terms of Use govern the legally binding conditions regarding your use of the platform.

1. Introduction and Definitions

These Terms of Use (“Terms”) govern the legally binding conditions regarding the use of the website with the domain name www.elonky.com, mobile applications, seller panels, buyer accounts, API connections, messaging systems, payment and order infrastructures, advertising and visibility solutions, and all related digital services (collectively the “Platform” or “Services”) operated by Elonky LLC and/or its respective affiliates (“Elonky”, the “Company”, “we”, “us”, “our”).

Elonky is an online marketplace operating on a global scale and acts as an intermediary service provider that brings together independent sellers and buyers. Elonky is not the direct owner, manufacturer, stocker, importer, distributor, or retail seller of the products listed on the Platform; unless explicitly stated otherwise, Elonky solely provides the technical and commercial infrastructure where sellers can list their products, buyers can view and order products, and parties can conduct transactions.

Accessing the Platform, creating an account, opening a store, listing products, placing an order, uploading content, using messaging systems, or even merely visiting the Platform implies that you accept these Terms. If you do not agree to the Terms, you must not use the Platform.

These Terms apply to sellers, buyers, visitors, business partners, ad users, integration users, and all natural and legal persons who benefit from the Platform in any way.

2. Acceptance of Terms and Changes

2.1. Acceptance

By using the Platform or creating an account:

  • You declare that you have read, understood, and accepted these Terms and all related policies (User Policy, Privacy Policy, Seller Policy, Prohibited Items Policy, Fees and Payments Policy, etc.).
  • You acknowledge that the Terms constitute a legally valid contract and are binding under applicable laws.

2.2. Changes

The Platform may update the Terms from time to time. Updates become effective as soon as they are published on the Platform. Your continued use of the services after changes implies that you accept the new terms.

2.3. Regional Applicability, Venue, and Jurisdiction

These Terms may be established between you and Elonky LLC or the relevant affiliate of Elonky, depending on your country of location, your payment currency, your place of residence, your seller or buyer status, and the region where the relevant service is provided. Elonky may offer services through affiliated companies, regional service providers, or representative offices in different countries in the future.

Although Elonky operates as a global marketplace, local mandatory consumer law, e-commerce regulations, tax legislation, data protection regulations, export-import rules, sanction regimes, and electronic payment legislations may apply in certain countries. These Terms do not override applicable local mandatory legal provisions; in case of conflict, the relevant mandatory legal rules shall take precedence.

Since the Platform operates globally, the Terms may be presented on behalf of different legal entities in certain regions. For example, the contracting party may be another legal entity (e.g., “Platform Ireland Ltd.”) for users in the European Economic Area (EEA) and the UK, and “Platform Inc.” for users in the Americas. The legal entity you contract with is determined based on your country of location. Applicable legal liabilities and dispute resolution methods may vary depending on the region.

3. Related Documents

In addition to these Terms, the following documents also contain the conditions you accept and must comply with while using the Platform:

  • Privacy Policy: Explains the rules regarding the collection, use, and storage of your personal data.
  • Seller Policy: Regulates listing, production, customer service, return/content rules, and service levels for sellers.
  • Buyer Policy: The natural or legal person viewing, ordering, or purchasing products or services via the Platform.
  • Prohibited Items Policy: Lists the categories of products/services that are prohibited or restricted for sale.
  • Fees and Payments Policy: Includes no listing fee, “0” commission, 5% payment processing fee.
  • Other Guides and Manuals: Additional documents and guides such as search and visibility, advertising policies, community guidelines, Return, cancellation, and dispute Policy, Identity Verification / KYC / AML Policies.

These documents are integral parts of the Terms. As long as you continue to use the Platform, any changes made to these documents will also be binding upon you.

4. Privacy, Personal Data, and Data Protection

Elonky values the protection of users' personal data. If you use the Platform, you accept that your personal data may be processed in accordance with our Privacy Policy and applicable data protection legislation.

Elonky aims to comply with the following regimes to the extent applicable in the regions where it operates or acquires users:

  • European Union General Data Protection Regulation (GDPR)
  • Personal Data Protection Law of the Republic of Turkey (KVKK)
  • California Consumer Privacy Act (CCPA) and similar local regulations
  • Electronic communications and cookie legislation
  • Data processing requirements for payment, fraud prevention, and authentication purposes

Elonky may process data for order processing, payment verification, fraud prevention, customer support, account security, fulfillment of legal obligations, tax reporting, advertising and visibility optimization, improving user experience, and platform security.

Sellers may use buyers' name, address, contact, and order data only for the execution of the transaction, fulfillment of legal obligations, and legitimate customer support purposes. Sellers may not sell buyer data to third parties, use it without permission for marketing purposes, export it without authorization, or process the data unlawfully to build their own independent customer databases.

If a seller accidentally or unlawfully discloses, transfers, or misuses a buyer's personal data, they are exclusively responsible for the legal and financial consequences of this violation. When necessary, Elonky may conduct investigations regarding data protection violations, suspend accounts, restrict data sharing, or cooperate with competent authorities.

For detailed information on how data is processed, please review the Privacy Policy.

5. Account Creation and Management

You need to create an account to use certain parts of the Platform. The following rules apply when creating and using an account:

5.1. Eligibility

To open an account and conduct transactions on the Platform, you must be at least 18 years old or possess the legal capacity to enter into a valid contract according to the legal system in your location. Use by individuals under 18 is only possible if permitted by local law and under the supervision of a parent/legal representative; however, Elonky is not obliged to accept or support such uses. Users under 13 are prohibited from using the Platform. Elonky does not knowingly collect personal data from children under 13.

5.2. Obligation to Provide Accurate Information

All information you provide during and after account registration must be accurate, complete, up-to-date, and not misleading. Using fake names, pseudonymous business identities, misleading business titles, other people's data, fictitious company details, or stolen identity information is prohibited.

Your account information (username, password) must be kept confidential. Notify us immediately of any unauthorized use of your account.

You are responsible for all activities carried out under your account. Therefore, you should not share your account with another person.

5.3 KYC / AML / Verification Processes

Elonky reserves the right to request the following information, especially from sellers:

  • Identity document
  • Tax identification number or company registration information
  • Bank account or payment account verification
  • Address verification
  • Ultimate beneficial owner information
  • Supporting documents regarding the subject of activity and product source
  • Export, import, or license documents
  • Brand authorization documents or proof of distributorship

This information may be requested for risk analysis, sanction screening, fraud prevention, anti-money laundering, tax compliance, and payment security purposes. Until the requested documents are provided, Elonky may partially or completely suspend the account, store, listings, payments, or withdrawal transactions.

5.4 Account Name and Store Name

Usernames, store names, profile names, and display business names cannot be insulting, abusive, misleading, infringe upon someone else's trademark, mimic a corporate identity, or violate community guidelines. Elonky reserves the right to request a change or reject names it deems inappropriate.

5.5. Multiple Stores and Fake Accounts

Account sharing, delegation of authority, renting, selling, or using another person's account is prohibited on the Platform. Multiple users cannot be authorized under one business account. Additionally, opening multiple stores by listing the same category and same products to manipulate or gain an unfair advantage is prohibited. Likewise, creating fake buyer or seller accounts to manipulate reviews, likes, or sales statistics is strictly prohibited.

5.6. Account Security and User Responsibility

The account owner is responsible for the security of their account, password, authentication tools, session information, and authorized access. You are obligated to protect your password, prevent unauthorized access, and immediately report any suspicious activities to Elonky.

Transactions made from your account are generally accepted as made by you. If unauthorized access, fraud, account takeover, payment security breach, or suspicious use is detected, Elonky may take temporary or permanent security measures. These include logging out, halting withdrawals, freezing orders, requesting additional verification, making the store invisible, or closing the account.

6. Seller Obligations

If you use the Platform as a seller, you accept the following obligations:

6.1. Product Accuracy

All descriptions, technical specifications, dimensions, material information, origin, condition, intended use, safety warnings, delivery times, and pricing details regarding the products you list must be accurate, clear, up-to-date, and not misleading.

6.2. Legal Compliance

All products you list and sell must:

  • Comply with applicable local and international law,
  • Possess the necessary permits, licenses, certificates of conformity, or registrations if required,
  • Comply with export, import, customs, consumer safety, labeling, product safety, distance selling, environment, health, and sanctions rules.

6.3 Intellectual Property Responsibility

The seller guarantees that their products, images, descriptions, logos, brand uses, and other content will not violate third parties' copyrights, trademarks, design rights, patent rights, trade dress, personal rights, or other intellectual and industrial property rights.

6.4 Order Performance

The Seller is obligated to:

  • Prepare orders within the declared timeframe,
  • Avoid late shipments,
  • Provide a tracking number when necessary,
  • Respond to buyer messages within a reasonable time,
  • Cooperate in return and dispute processes,
  • Comply with the Platform's performance metrics.

6.5 Product Safety and Recalls

The seller bears primary responsibility for product safety. If a product is identified as dangerous, defective, non-compliant with regulations, or subject to recall, the seller must notify Elonky immediately and take necessary corrective actions.

6.6 Tax and Accounting

The seller is responsible for their tax, invoicing, accounting, record-keeping, and reporting obligations in their own country and in the markets where they sell.

6.7 Prohibited Behaviors

The seller cannot engage in the following actions:

  • Create fake orders,
  • Buy their own product or have someone else buy it,
  • Collect fake reviews,
  • Manipulate sales figures,
  • Direct the buyer outside the Platform to conduct a transaction,
  • Evade Platform fees,
  • Unfairly report competitor sellers,
  • Manipulate Elonky’s search and visibility system.

7. Buyer Obligations

If you use the Platform as a buyer:

  • Before placing an order, you must carefully review the product descriptions, estimated delivery times, store policies, and return conditions.
  • The payment information you provide for the purchase must belong to you, be valid, and usable.
  • Fraudulent chargebacks, baseless claims of non-delivery, malicious return requests, pressuring or threatening the seller, or systematic abuse is prohibited.
  • Certain obligations, such as customs duties, import taxes, documents, and permits required upon entry to the country, may belong to the buyer depending on the destination country.
  • Sending communication containing insults, threats, hate speech, harassment, or discrimination to other users over the Platform is prohibited.

For more detailed information on buyer rights and obligations, you can review the Buyer Policy.

8. Prohibited Items and Prohibited Activities

To create a safe and lawful marketplace, Elonky prohibits or restricts the listing, sale, or promotion of certain products and activities. Examples of these include:

  • Counterfeit, imitation, or unauthorized branded products
  • Stolen goods
  • Illegal drugs, controlled substances, or related equipment
  • Weapons, ammunition, explosives, or hazardous materials
  • Regulated products posing a serious risk to human health
  • Unlicensed medical devices, medicines, or products with health claims
  • Hate speech, violence-promoting materials
  • Content evoking child exploitation or of illegal nature
  • Illegal digital products, hacking tools, stolen accounts, copyright-infringing software
  • Prohibited products connected to sanctioned countries, individuals, or organizations
  • Products that cannot be sold without valid age verification
  • Products or services promising misleading financial gains

Elonky reserves the right to update the Prohibited Items list at any time. Permitting a product to be listed does not mean that product is lawful in all countries; sellers must independently evaluate the legislation of every country they ship to. For detailed information, please review the Prohibited Items Policy page.

9. Content Ownership and User Content

The content you upload to the Platform, as a rule, belongs to you, or you declare that you have sufficient rights over that content. However, by using the Platform and uploading content, you accept the following:

  • You have all the necessary rights for your content to be published, reproduced, displayed, and distributed,
  • Your content does not violate third-party rights,
  • Your content is accurate, not misleading, and lawful,
  • You bear any legal and financial liability that may arise due to your content.

Your content covers product descriptions, photos, videos, store name, profile images, username, comments, ratings, messages, ad copy, brand displays, and all other elements you share on the Platform.

10. Content License Granted to Elonky

When you publish content on the Platform, you grant Elonky and third parties authorized by it a non-exclusive, worldwide, royalty-free, sub-licensable, transferable, perpetual, irrevocable license to use said content for the purposes of operating, developing, securing, promoting, advertising, localizing, and conducting commercial activities of the Platform.

This license covers the rights to host, reproduce, format, resize, translate, crop, adapt, publicly display, distribute, present in search results, use in advertising materials, show in social media and promotional campaigns, evaluate in AI-supported recommendation and ranking systems, analyze for user experience optimization, and make it technically compatible with Platform interfaces.

Elonky may use your store name, store image, product images, product videos, and descriptions to promote the Platform or your store on the Platform, as long as it is reasonably necessary.

11. Intellectual Property Violations and Notification Process

Elonky adopts respecting intellectual and industrial property rights as a fundamental principle. Rights holders who believe that products, content, store pages, or other elements on the Platform violate their copyrights, trademarks, design rights, patent rights, or other intellectual property rights can notify Elonky of this situation.

Violation notifications must clearly identify the content subject to the violation and include sufficient information and documents supporting ownership of the rights.

If Elonky receives an appropriate and sufficiently detailed notification, it may:

  • Temporarily remove the content,
  • Request a defense from the seller,
  • Suspend or close the account in cases of repeated violations,
  • Respond to the demands of competent authorities.

Unfounded, malicious, or anti-competitive infringement notifications also constitute a violation and may be subject to sanctions.

Elonky implements a content removal procedure under the Digital Millennium Copyright Act (DMCA). Rights holders can send their infringement notices to [email protected]. Upon receipt of an appropriate notice, content may be removed, and accounts may be closed for repeated violations.

12. Inappropriate, False or Misleading Content

The following content is prohibited on the Platform:

  • Abusive, threatening, derogatory, defamatory, or harassing content
  • Hate speech based on race, religion, gender, ethnicity, nationality, disability, age, sexual orientation, or other protected characteristics
  • False medical claims, misleading financial promises, unrealistic performance claims
  • Content disclosing personal data of others without consent
  • Spam, manipulation, or content aimed at deceiving users
  • Content threatening Platform security

Elonky may, at its discretion, remove, reduce visibility, review any content, or restrict the related account.

13. Method of Using Services and License of Use

Elonky grants you a limited, revocable, non-exclusive, non-transferable use license to use the Platform solely in accordance with these Terms. This license does not transfer the ownership of the Platform or its software to you.

The following behaviors are prohibited:

  • Attempting to decode the Platform's source code, business logic, data structure, or operation through reverse engineering
  • Unauthorized data collection using robots, scrapers, crawlers, or automated data extraction tools
  • Overloading the system by sending excessive requests to the Platform
  • Uploading malware, viruses, trojans, bots, or malicious code
  • Systematically extracting data without API access
  • Manipulating search and ranking algorithms
  • Attempting unauthorized access to the Platform
  • Conducting security tests without permission

13.1. Electronic Communications and Acceptance of Electronic Records

By using the Platform, you agree that Elonky may provide you with contractual, commercial, operational, legal, and informative notices electronically. These notices may be delivered via e-mail, SMS, account dashboard notifications, pop-up messages, mobile notifications, or in-Platform messaging.

Notifications made electronically carry the force of a written notification to the extent permitted by relevant legislation. Your electronic consent may be considered equivalent to your physical signature. You are responsible for keeping your contact information up-to-date.

13.2. Fees, Commissions, Payments, and Collections

Elonky adopts a seller-friendly, transparent, and sustainable pricing model. In this context, no product listing fee and sales commission are charged on the Platform.

For sales transactions conducted through the Platform, only a 5% payment processing fee is collected concerning the provision of payment services. This fee is calculated over each sales transaction, and the relevant amount is deducted from the payment to be made to the Seller.

In the future, depending on the scope of platform services, Elonky may offer additional services such as;

  • advertising and promotional services,
  • subscription models,
  • visibility enhancement services,
  • currency conversion transactions,
  • dispute resolution processes

and may determine fees for these services. Such fees are announced clearly and understandably on the Platform before they go into effect.

Sellers accept the payment processing fee and possible deductions to be applied within the scope of the sales they carry out through the Platform.

Elonky has the right to, when necessary;

  • make deductions from the seller balance,
  • apply deductions from payments to be made,
  • execute collections via payment tools

as it holds these rights.

Elonky is not the “merchant of record” in payment transactions. Payments are processed directly on behalf of the Seller through licensed third-party payment providers. In this case, the independent contracts and terms of service of the relevant providers will also apply.

13.3. Reserve, Delayed Payment, and Chargeback Rights

Elonky may hold all or part of the seller's revenue in reserve for a certain period for seller accounts or transactions it deems risky. Such a decision may be taken for reasons like:

  • High return rate
  • Suspicious sales spike
  • Fraud risk
  • Lack of identity/verification
  • Newly opened stores that have not yet built a trust score
  • Numerous buyer complaints
  • Suspicion of prohibited items
  • Chargeback or payment dispute risk

In the event of a chargeback, payment dispute, or fraudulent transaction claim made by the buyer to the bank, Elonky may deduct the relevant amount from the seller's balance, halt the payment transfer, or request additional assurance.

13.4. Return, Cancellation, Dispute, and Buyer Protection Program

Sellers may set their own return and cancellation conditions, provided they do not conflict with applicable mandatory consumer law and Elonky's relevant policies. However, seller policies cannot override the mandatory consumer provisions in the relevant country.

Elonky may activate buyer protection mechanisms in the following cases:

  • If the product is never delivered,
  • If the delivered product is materially contrary to the description,
  • If the product appears counterfeit or unlawful,
  • If the product is severely damaged or delivered incomplete,
  • If the seller refuses reasonable resolution cooperation.

In case of a dispute, Elonky may request documents, photos, messaging logs, tracking data, customs documents, proof of production, or other evidence from the parties. At its own discretion, Elonky may:

  • Issue a return decision,
  • Apply a partial refund,
  • Issue a full refund,
  • Make a deduction from the seller balance,
  • Close the case,
  • Place the related account under risk review.

Elonky’s dispute review is not in the nature of a judicial decision; however, it may be binding concerning in-Platform application.

13.5. Feedback, Suggestions, and Idea Rights

Suggestions, feedback, business idea contributions, interface suggestions, new feature requests, process improvement ideas, or similar contributions you provide to Elonky may be considered non-confidential information. Excluding materials specifically protected within your content, you grant Elonky the right to use, develop, adapt, and commercially evaluate such feedback provided to Elonky without paying any compensation.

13.6. Suspension, Closure of Accounts, and Termination of Service

Elonky may temporarily or permanently suspend, restrict, or terminate your account, store, listings, payment access, or all or part of the Services without prior notice in the following cases:

  • Violation of these Terms
  • Violation of related policies
  • Listing prohibited items
  • Suspicion of counterfeit or fraud
  • Intellectual property violations
  • Non-compliance with the KYC/AML process
  • Suspicious payment activities
  • Numerous serious complaints
  • Behaviors threatening Platform security
  • Legal obligations or requests from official authorities

The user may also close the account themselves; however, account closure does not eliminate fees, taxes, refunds, compensations, disputes, or inspection obligations that have already arisen.

Elonky also reserves the right to change, suspend, or discontinue all or part of the Services at any time. Elonky shall not be liable for the impact of changes made to the Services on users' revenues or commercial activities.

13.7. Disclaimer of Warranties

The Platform and Services are provided “as is” and “as available” to the maximum extent permitted by law. Elonky makes no express or implied warranties. This includes, but is not limited to, any warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, continuous availability, security, uninterrupted, and error-free operation.

Elonky specifically does not guarantee that:

  • The Platform will always be accessible,
  • Every error will be corrected,
  • The Services will be completely free of viruses or malicious software,
  • Search, ranking, or recommendation systems will produce specific results,
  • The products of sellers are legal, safe, original, or flawless,
  • Buyers will always act honestly.

13.8. Limitation of Liability

To the maximum extent permitted by applicable law, Elonky is not liable for indirect, incidental, special, punitive, or consequential damages. This includes loss of profit, data loss, business interruption, or loss of reputation.

Elonky's total liability can under no circumstances exceed the total service fees collected from the user within the last 12 months prior to the event subject to the claim. This amount is limited to 100 USD in any case.

13.9. Arbitration and Class Action Waiver

The parties agree that any disputes arising from this contract shall be resolved through binding arbitration before resorting to court. The arbitration process is conducted within the framework of the American Arbitration Association (AAA) rules.

The parties explicitly waive any right to file a class action or participate in such lawsuits.

13.10. Force Majeure

Elonky cannot be held responsible for delays or service interruptions arising from events beyond its control (natural disasters, war, terrorism, infrastructure outages, internet failures, cyber attacks, decisions of official authorities, etc.).

13.11. Risk and Fraud Prevention

Elonky may use automated systems to detect fraud, abuse, and suspicious transactions. When necessary, transactions may be suspended, payments delayed, or accounts placed under review.

14. Contact Information

For your questions regarding these Terms, you can contact us via the contact information below.

E-mail: [email protected]

Address: Elonky, LLC. 8 The Green, Ste D, Dover, DE 19901, USA