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eBay User Agreement: Five Clauses Sellers Should Read Before Listing

This page is general information, not legal advice.

If you live in the United States, the eBay User Agreement is a contract with eBay Inc. For existing users, the current version took effect June 28, 2026. Five of its clauses shift cost or risk onto sellers. For each one, you get the exact wording, why it matters and what to ask for instead. Individual sellers can rarely negotiate standard terms, so treat this as a checklist. Rules also vary by jurisdiction.

1. Account limits at eBay's sole discretion

If we believe you are violating this User Agreement or any of our policies, or abusing eBay and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services ... remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

Source: https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259, retrieved 2026-10-30.

Why it works against you

eBay only has to believe a violation happened, and it doesn't have to give notice. Sellers who miss eBay's minimum performance standards can also face "additional fees." eBay may end the agreement "at any time for any reason." It also says it isn't liable for "a suspension or other action taken with respect to your account." If your business runs on eBay, you could lose income and get no compensation.

What to ask for instead

Sample wording to propose (illustrative): "Except for fraud or urgent legal risk, eBay will give written notice naming the policy breached and a reasonable period to fix it before suspending a seller account."

2. Fee changes and fees on sales outside eBay

We may change our selling fees from time to time by posting the changes on the eBay site fourteen (14) days in advance ... If you are a seller, you are liable for fees arising out of all sales made using some or all of our Services, even if sales terms are finalized or payment is made outside of eBay.

Source: https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259, retrieved 2026-10-30.

Why it works against you

Fourteen days is a short window to reprice your stock, and a notice posted on the site is easy to miss. If you share contact details with a buyer, you may owe a final value fee "even if the item doesn't sell." If your payment method fails, "late fees will apply," and eBay may report your account to credit bureaus. See late payment fee clauses explained.

What to ask for instead

Sample wording to propose (illustrative): "eBay will email sellers at least 30 days before any fee increase. A final value fee is due only when a sale is completed."

3. Refunds charged back to you

When an item is returned or if a transaction is canceled after payment has been completed, eBay may issue a refund to the buyer on the seller's behalf and charge the seller for the amount of the refund. ... You agree to comply with the policy and permit us to make a final decision on any eBay Money Back Guarantee case.

Source: https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259, retrieved 2026-10-30.

Why it works against you

eBay decides the case and then collects the money from you. That can include return label costs and "other reasonable fees." If you don't pay, eBay may use collection agencies. Its payment entities also "may restrict access to your funds" to protect eBay from risk. Compare Etsy seller policy explained.

What to ask for instead

Sample wording to propose (illustrative): "Before charging a seller for a refund, eBay will share the buyer's evidence, allow a reasonable time to respond and explain its decision."

4. A perpetual license over your listing content

When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services ... in any media known now or developed in the future.

Source: https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259, retrieved 2026-10-30.

Why it works against you

eBay can use your photos and descriptions forever and sublicense them down a chain of other companies. You also "waive your right to enforce your Intellectual Property Rights, including any moral rights" against eBay and its sublicensees. eBay may promote your listings, username and feedback "in any format and through any channel." Even so, you are fully responsible for listing accuracy, including text written with eBay's own AI tools. See perpetual content licenses explained.

What to ask for instead

Sample wording to propose (illustrative): "The license ends when the seller deletes the listing or closes their account, and covers only promoting that seller's listings."

5. Arbitration, with a 30-day opt-out

IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO OPT OUT OF THIS AGREEMENT TO ARBITRATE ("OPT OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS FROM THE DATE YOU FIRST ACCEPT THIS USER AGREEMENT.

Source: https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259, retrieved 2026-10-30.

Why it works against you

Unless you opt out, disputes go to binding arbitration, with no jury and no class actions. Small claims court is the main exception. Before arbitration, you must complete a 45-day informal dispute process. You can only opt out by signed mail, and opting out doesn't undo an earlier arbitration agreement you already accepted. If you do opt out, claims go to courts in Salt Lake County, Utah, under Utah law. Some terms help you. US residents generally arbitrate in their home county. If you completed the informal process and your claim is $10,000 or less, eBay will pay the arbitration fees if you ask. See mandatory arbitration clauses explained and governing law and jurisdiction clauses explained. Whether this applies to you is a question for a qualified lawyer.

What to ask for instead

Sample wording to propose (illustrative): "Any user may opt out of arbitration at any time by email, and may sue in their home county."

Also worth a look

If eBay is found liable, its liability is capped at the greatest of a few amounts, with a floor of "$100" (Source: https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259, retrieved 2026-10-30). See limitation of liability clauses explained. You release eBay from claims tied to disputes with other users. You also indemnify eBay against third-party claims, including "reasonable legal fees." See indemnification clauses explained. eBay can change the agreement with 30 days' notice, but changes to its posted policies "take effect when we post them."

Scan your own document free

eBay's policies change, and programs like eBay Live add their own terms. Upload a PDF, DOCX, TXT or MD file, or a photo of the document, to the ScanMyTerms Terms of Service checker. In about a minute, it lists the clauses that work against you. Each one comes with a risk level, the exact wording, why it hurts and how to change it. The free preview needs no sign-up and shows the risk count and the first two findings. The full report is $5. Your documents aren't used to train AI models, and reports are deleted after 7 days.

This page is general information, not legal advice.

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