Terms of Service
Last Updated: 13, September 2025
1. Introduction & Agreement
These Terms of Service (the "Terms" or "Agreement") govern your use of the CSWhale online marketplace and related services (the "Marketplace") operated by CSWhale LLC, and the subscription services ("Pro" and "Elite") operated by CSWhale FlexKapG (together "CSWhale," "we," "us," or "our").
By using the Marketplace or subscribing to Pro or Elite, you enter into a binding agreement with:
CSWhale LLC
A Wyoming limited liability company
Registered agent: Northwest Registered Agent Service Inc
30 N Gould St Ste N, Sheridan, WY 82801, United States
(Marketplace services)
CSWhale FlexKapG
Firmenbuchnummer 659009g
Bergmanngasse 40, 8010 Graz, Austria
(Subscription services)
Support & DSA contact: team@cswhale.com
CSWhale FlexKapG solely provides access to Pro and Elite subscription features. It does not process, handle, or intermediate any user-to-user marketplace payments or payouts. All marketplace payments are operated exclusively by CSWhale LLC.
By accessing or using CSWhale, you agree to be bound by these Terms. If you do not agree, do not use CSWhale.
2. Eligibility & Accounts
- You must be 18 years or older to use CSWhale.
- You may only register one account per natural person. Multiple Steam accounts may be linked to your user account, but account sharing or multiple user accounts per person is strictly prohibited.
- You must maintain an active public Steam inventory while selling.
- You are responsible for all activity on your account. If you suspect unauthorized use, you must contact us immediately.
3. Platform Role & Services
Business Structure
- CSWhale LLC operates as a peer-to-peer facilitating platform only for virtual goods marketplace services.
- CSWhale FlexKapG operates the Pro and Elite subscription plans.
- Marketplace payments and payouts are entirely managed by CSWhale LLC. CSWhale FlexKapG does not at any time receive, access, control, or facilitate marketplace transaction funds.
- FlexKapG's role is strictly limited to offering subscription-based digital access to enhanced platform features.
Our Platform Services
- CSWhale does not purchase, sell, or resell any virtual items. All transactions occur directly between users.
- Sellers control item pricing and availability. CSWhale provides standardized platform procedures for transaction timing and fund management to ensure marketplace security and functionality.
- CSWhale does not act as a contracting party (Vertragspartner) to the underlying sales contracts between buyers and sellers.
- CSWhale does not take ownership or title to any funds or items.
- All payments are processed by Stripe Connect via individual seller-connected accounts. Funds are held by Stripe on behalf of sellers until payout, and are never commingled with CSWhale's corporate funds.
- Virtual item transfers occur via Steam's systems operated by Valve, outside CSWhale's direct control or involvement.
- CSWhale's role is limited to payment facilitation, marketplace technology, and administrative services.
- CSWhale only earns revenue from technology service fees and subscriptions.
4. Marketplace Rules
Buyer pays immediately when placing an order.
After payment confirmation, the seller has 24 hours to send the Steam trade offer.
After the trade offer is sent, the buyer has 24 hours to accept it.
Once the buyer accepts, the transaction is final immediately. There is no grace period or dispute window after acceptance.
After buyer acceptance, the funds remain in the seller's Stripe Connect Express account for 8 days (Steam tradelock period) before becoming withdrawable.
Users outside the EEA, USA, and Canada may browse and buy only but cannot sell or receive payouts.
5. Fees, Fines, and Payments
| Fee Type | Standard Users | Pro/Elite Users |
|---|---|---|
| Technology Service Fee | 4% | 1% |
| Withdrawal Fee | 0.25% per withdrawal | |
| Minimum Withdrawal | $10 (or native equivalent) | |
Additional Information:
- Deposit fees: May apply depending on payment method, currency, or country. These are pass-through processor fees — CSWhale does not profit from them.
- Fines: We may impose fines or penalties if a seller fails to send or a buyer fails to accept within the deadlines.
- Invoicing: Invoices for item sales are issued directly by the seller to the buyer. CSWhale does not issue or receive invoices for these transactions.
- Marketplace funds: Transaction funds are never routed through or accessible to CSWhale FlexKapG. Subscription payments are separate and unrelated to marketplace user-to-user trades.
- Payment processing: All payments are processed by Stripe. We do not collect or store credit card or banking details.
6. Subscriptions (Pro / Elite)
Pro and Elite are operated by CSWhale FlexKapG.
- Available as monthly or yearly subscriptions.
- Plan changes take effect at the next billing cycle.
- No refunds are provided, except where required by law.
- VAT (if applicable) on subscription fees will be handled by CSWhale FlexKapG in accordance with EU VAT rules.
EU Consumers Notice:
By subscribing, you are informed of your 14-day withdrawal right. If you choose to start immediately, you waive this right by checking the consent box at checkout.
7. Prohibited Conduct
Using bots, scripts, scraping tools, or automated trading is strictly forbidden unless explicitly approved by us.
Price manipulation, wash trading, or fake sales to transfer balances is prohibited.
Inducing trades off-platform to avoid fees is prohibited.
Any attempt to reverse a Steam trade after it was marked completed on CSWhale is strictly prohibited and may result in permanent suspension and forfeiture of funds.
8. Tax Responsibilities & VAT Compliance
⚠️ Important Tax Notice
- You are solely responsible for determining, reporting, and paying ALL applicable taxes (VAT, sales tax, income tax, customs duties, etc.) related to your CSWhale activity.
- CSWhale does not provide tax advice, VAT collection services, tax reporting, or tax determinations and does not issue tax documents (e.g. DAC7 or 1099-K) at this time.
- You must consult qualified tax and legal professionals regarding your specific tax obligations.
- If your trading activity requires VAT registration in any jurisdiction, you are solely responsible for such registration and compliance.
- CSWhale operates as a technology facilitator, not as a deemed supplier, reseller, or vendor of virtual goods.
- You agree to indemnify and hold harmless CSWhale against any tax-related claims, assessments, penalties, or liabilities arising from your use of the platform.
9. Platform Legal Basis & Regulatory Position
- CSWhale operates based on established legal interpretations, industry practices, and professional legal consultation regarding peer-to-peer virtual goods marketplaces.
- CSWhale actively monitors regulatory developments and adapts operations in accordance with applicable law.
- CSWhale operates in good faith reliance on current legal interpretations and established industry practices.
- CSWhale makes no representations about the tax or legal treatment of user transactions and disclaims all liability for user compliance obligations.
- Users acknowledge that virtual goods trading may be subject to evolving regulatory frameworks and accept responsibility for understanding and complying with applicable requirements.
10. Data Protection (GDPR)
- CSWhale FlexKapG acts as the GDPR data controller for all EU/EEA users.
- Personal data is processed solely to provide and operate the services, handle payments, prevent fraud, and comply with legal obligations.
- You have the right to access, correct, or delete your data and may contact team@cswhale.com for GDPR inquiries.
- A full Privacy Policy will be made available at [PRIVACY POLICY URL].
11. Liability & Disclaimers
- CSWhale provides its services as-is and without warranty.
- We are not responsible for Steam's systems, outages, trade failures, or third-party service interruptions.
- We are not liable for lost profits, indirect damages, consequential losses, or tax-related penalties.
- Tax Disclaimer: CSWhale specifically disclaims all liability for user tax compliance, VAT obligations, regulatory changes, or related penalties.
- Our total liability is limited to the greater of (i) €100 or (ii) the total fees you paid to us in the last 6 months.
- Regulatory Risk: Users acknowledge that virtual goods trading involves regulatory uncertainty and assume all related risks.
12. Termination
- We may suspend or terminate your account for any violation of these Terms, abusive behavior, fraudulent activity, or legal compliance requirements.
- Termination does not entitle you to any compensation or reimbursement. If your account is permanently terminated, your remaining balance may be forfeited.
- Users remain responsible for all tax obligations arising from platform activity regardless of account termination.
13. Governing Law and Dispute Resolution
Marketplace (CSWhale LLC):
Governed by the laws of Wyoming, USA. Non-EU users agree to binding arbitration under JAMS rules and waive any right to class actions.
Subscriptions (CSWhale FlexKapG):
Governed by Austria law, with mandatory EU consumer rights preserved.
EU users retain the right to bring claims in their country of residence as required by EU consumer law.
Tax Disputes: Users acknowledge that tax-related disputes are between users and relevant tax authorities, not CSWhale.
14. Changes to These Terms
We may update these Terms at any time to reflect legal requirements, regulatory changes, or operational updates. Changes will be posted here with a new "Last Updated" date. Continued use of CSWhale after changes take effect constitutes your acceptance.
15. Contact
Email: team@cswhale.com
CSWhale FlexKapG
Bergmanngasse 40
8010 Graz, Austria