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This page describes what the document states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability may vary by jurisdiction. Methodology
This is Poshmark's terms of service agreement that governs the use of its platform for buying and selling secondhand clothing and goods. The agreement establishes a commission structure whereby Poshmark retains 20% of transaction proceeds on sales of $15 or more, and $2.95 on sales below that threshold. The agreement grants Poshmark a license to use user-generated content, including photographs and descriptions, for platform operations and business purposes.
This document constitutes Poshmark's Terms of Service governing use of its peer-to-peer social commerce platform, establishing the contractual basis under which users buy, sell, and interact on the marketplace. The agreement states that users grant Poshmark a broad, royalty-free, sublicensable, transferable license to use, reproduce, modify, distribute, and display user-generated content, and the terms authorize Poshmark to collect a flat fee of $2.95 on sales under $15 and 20% on sales of $15 or more. The agreement includes a mandatory arbitration clause with a class action waiver, requiring individual binding arbitration for most disputes and providing a 30-day opt-out window from the date of account creation; these provisions limit users' access to courts and collective legal action, though enforceability of class action waivers varies by jurisdiction. The terms engage consumer protection frameworks including the FTC Act and California consumer protection law (CCPA for California residents), with additional exposure under state money transmission and marketplace facilitator regulations given Poshmark's role in processing payments and remitting sales proceeds. Compliance teams should note that the platform's user content license, combined with its role as an intermediary in financial transactions between private parties, creates layered obligations around payment processing, tax reporting, and data handling that may require jurisdiction-specific evaluation.
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Start Compliance free trial3 important changes detected
4 versions captured · Last updated: May 2026
Poshmark published a substantially expanded Privacy Policy on March 25, 2026, replacing version 8.1 with version 8.2. The new policy adds 249 sentences detailing what personal data Poshmark collects (name, …
View change record →New provision establishes DMCA compliance procedures and repeat infringer termination policy, important for legal compliance with copyright law.
Adds explicit age restriction requirement beyond COPPA compliance, protecting Poshmark from liability for minor users accessing the platform.
New indemnification clause shifts significant legal and financial risk from Poshmark to users by requiring users to cover all company defense costs and damages from user-related claims.
Removal of this explicit provision suggests either its incorporation into another section or reduced emphasis on Poshmark's unilateral modification rights, though similar language likely exists elsewhere in the terms.
Absence of prohibited items list in current version may indicate it was moved to separate policies or clarified that enforcement focuses on other mechanisms like IP takedowns and account termination.
Previous generic age restriction was replaced with more explicit and detailed "Age Restriction and Minors" provision that strengthens the requirement from medium to low severity while making it more comprehensive.
Previous version had no excerpt provided; current version now includes detailed arbitration clause with specific carve-outs for small claims court and injunctive relief.
Severity downgraded from high to medium; fee structure explicitly clarified to show seller retains 80% on qualifying sales and adds specific provision for Bundle sales commission.
Severity downgraded from high to medium; license scope narrowed to connection with "operating and providing the Services" rather than perpetual and irrevocable without limitation; added 'non-exclusive' language which theoretically gives users more rights.
Previous version had no excerpt provided; current version now includes full text showing Poshmark retains unilateral termination rights without cause or notice.
Severity downgraded from high to medium; previous version had no excerpt provided, current version now displays full liability cap language covering indirect, consequential, and punitive damages.
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