PhyTu Marketplace

Terms of Service

Last Updated: July 14, 2026  ·  Version 1.0

1. Platform Role

The Site and marketplace are operated by PhyTu LLC, a Washington limited liability company. PhyTu LLC is wholly owned and managed by Humpathy LLC, its sole member and manager. References to "PhyTu," "we," "our," or "us" mean PhyTu LLC.

PhyTu operates a technology marketplace platform that enables independent users and third-party providers to list, exchange, or coordinate transactions involving live plants, fungi, animals (where legally permitted), and related education or coordination services.

PhyTu itself does not sell, provide, inspect, store, transport, house, or guarantee any goods or services. All offerings are provided by independent third parties, and availability may vary. Facilitated activities may include, where permitted by law:

• Marketplace listings for live plants, fungi, seeds, spores, animals, and other biological materials;
• Animal-related services offered by independent providers, such as pet sitting, walking, grooming, training, and non-medical coordination;
• Animal adoption, fostering, and rehoming coordination by third parties;
• Wildlife rescue or transport coordination with licensed or authorized partners (non-medical only); and
• Educational classes, workshops, and content on plants, animals, fungi, wildlife education, and homesteading.

PhyTu does not provide veterinary care, wildlife treatment, professional agricultural advice, or regulated services unless explicitly stated and performed by properly licensed third parties. All users are responsible for complying with applicable local, state, and federal laws.

In short — PhyTu: is not the seller, buyer, service provider, gifter, donor, rescuer, or adopter; does not own, inspect, store, house, transport, or guarantee any item or service; and does not provide veterinary, medical, legal, financial, or tax advice. All transactions occur directly between users.

2. Eligibility

You must be at least 18 years old, legally capable of entering a binding contract, and in compliance with all plant, animal, wildlife, agricultural, and species laws in your jurisdiction. You are solely responsible for confirming legality before participating in any transaction.

3. Services and Allowed Listings

PhyTu facilitates user-to-user interactions involving live goods and related education and services only.

3.1 Marketplace Goods (Live Goods Only)

Listings may include, where legally permitted: live plants, seeds, bulbs, tubers, cuttings, shrubs, trees, flowers, and other botanical materials; fungi, mushroom cultures, spores, mycelium, and other fungal materials; live domestic animals and live feeder insects; living organisms or biological materials for cultivation, propagation, education, conservation, or companionship; and digital goods directly related to live goods.

PhyTu does not permit the sale of general merchandise, clothing, apparel, fashion items, tools, supplies, accessories, or unrelated consumer goods, except items a vendor is expressly authorized by PhyTu to offer.

3.2 Digital Goods (Restricted Scope)

Digital goods must be directly related to live plants, animals, fungi, wildlife education, or their care, cultivation, ethical handling, or lawful use — for example, care and cultivation guides, educational materials and recordings, adoption or husbandry resources, and non-professional identification or instructional content. Digital goods are delivered electronically, are final sale and non-refundable, and are for personal or educational use unless stated otherwise. PhyTu does not guarantee accuracy, outcomes, or results.

3.3 Services, Education & Coordination

PhyTu may facilitate access to animal and plant-related services (e.g., pet sitting, walking, grooming, training, non-medical coordination, farm help, garden work); plant, garden, farm, or cultivation consultations; classes and workshops; animal adoption, fostering, and rehoming coordination; and wildlife rescue coordination (non-medical). All services are provided by independent third parties.

4. Fees, Payments & Financial Responsibility

4.1 Platform Fees

PhyTu's current standard seller fee is 3.1% + $0.89 per completed online transaction. The PhyTu platform fee is $0 on local-pickup orders. PhyTu charges no listing fee and no monthly seller subscription. The same schedule is displayed on the vendor application page and in the seller dashboard before listings are published. Rescue/changemaker listings and direct nonprofit donations carry no PhyTu platform fee. If PhyTu changes a seller fee, the updated amount will be disclosed before it applies to a new transaction.

4.2 Payment Processing

Payments processed on PhyTu use the payment methods enabled at checkout, including Stripe where available. A payment processor may impose its own processing, dispute, reversal, or account-hold terms. PhyTu is not an escrow service and does not control a processor's independent decisions. Any separate processor charge that applies is disclosed by the processor or checkout flow; PhyTu does not describe a processor charge as a hidden seller fee.

4.3 Taxes

Users are solely responsible for their own income taxes; sales, use, VAT, or similar taxes; and import, export, or customs duties. PhyTu does not provide tax advice.

5. Local Pickup & Off-Platform Transactions

Local pickup is arranged solely between users. PhyTu does not supervise or verify meetups, does not inspect items, and is not responsible for injury, loss, theft, damage, or disputes. Items are accepted as-is at pickup, and local-pickup transactions are final upon exchange.

Off-platform transactions (cash, Venmo, Zelle, PayPal direct, direct crypto transfers, etc.) are not processed, protected, or enforced by PhyTu and are solely the responsibility of the users involved.

6. Final Sale Policy (Platform-Wide)

ALL TRANSACTIONS ON PHYTU ARE FINAL. There are no returns, refunds, exchanges, or store credit. The only exception is when a seller or provider expressly states otherwise in the individual listing itself; if a listing does not say otherwise, the transaction is final. PhyTu does not issue refunds on behalf of users. This is described in full in the PhyTu Return & Refund Policy, and nothing here waives a right that cannot lawfully be waived.

7. Limitation of Liability

To the fullest extent permitted by law, PhyTu is not liable for injury, illness, or death; property damage or loss; the acts or omissions of users; outcomes of services, gifts, donations, or adoptions; the survival, health, or behavior of living items; or wildlife encounters or rescue attempts. Use of the platform is at your own risk. Nothing here limits liability that cannot lawfully be limited, including for PhyTu's gross negligence, willful misconduct, fraud, or violation of law.

8. Indemnification

You agree to indemnify and hold harmless PhyTu from any claims arising from your use of the platform; your listings, services, gifts, or donations; violations of law; or harm to people, animals, plants, or property — except to the extent caused by PhyTu's own gross negligence, willful misconduct, fraud, or violation of law.

9. Arbitration & Class Action Waiver

Except where prohibited by law, all disputes shall be resolved by binding arbitration, not court. You waive the right to jury trials and to class or representative actions. This provision does not apply to any claim or right that cannot lawfully be subjected to arbitration or waived, and it survives termination.

Governing law: Washington State, USA.

10. Modifications

PhyTu may update these Terms at any time. Continued use constitutes acceptance. Material changes will be posted here with a revised "Last Updated" date.

11. Contact

info@phytu.com  ·  https://phytu.com

These Terms work together with the PhyTu Privacy Policy, the Marketplace User Agreement & Liability Waivers, the Return & Refund Policy, and the Live Animals, Wildlife, Beneficial Organisms & Biological Materials Policy. Where a mandatory law provides greater protection, that law controls.