Terms & Conditions

1.3 These Terms shall also apply to all future Orders between you and RealReal even if RealReal does not refer to them each time. By using or accessing the Services, you are considered to have agreed to these Terms.

1.4 These Terms apply to the exclusion of all others. Different, conflicting or supplementary terms will only become part of an Order if and to the extent that RealReal has consented to such terms in writing.

1.5 Where these Terms use the expressions ‘in writing’, ‘in written form’ or variations thereof, this refers to handwritten signatures. The electronic exchange of documents signed by hand, as well as documents signed with a simple electronic signature (e.g. Cloudsign), will suffice. Simple emails will suffice if and to the extent expressly stated in these Terms.

1.6 Unless stated otherwise in these Terms, any notices and declarations given or made by you to RealReal must be made at least via email or via other electronic methods in text form.

2.2 RealReal may, in its sole discretion, implement new versions, modifications and upgrades of the Services including, but not limited to, changes that affect the design, operation, specifications, content, features, and other functions of the Services. These changes may be made at any time in accordance with applicable law, particularly when necessary to maintain compliance with the law or to ensure and/or improve usability or operation of the Services or for other technical, business, or legal reasons.

2.3 RealReal may grant you access to the Services at a reduced Service Fee as part of a trial evaluation for a period determined by RealReal at its sole discretion (“Discounted Offer”). RealReal may revoke or terminate any Discounted Offer at any time without prior notice.

2.4 RealReal may, in its sole discretion, engage subcontractors, including third-party software suppliers, for the fulfillment of any of its obligations under any Order at any time.

2.5 RealReal may include in its Services and make available to you certain third-party content which requires you to open or maintain an independent account and/or subscription with the service provider (such as a music or other content streaming service). This content is optional for you, and will only be provided if, and for as long as, you maintain an active account and/or subscription with such third-party provider and are entitled to receive the content under the separate agreement with the content provider. Additional terms and conditions (e.g. by a third-party service provider) may apply, which you may need to accept before use. Your account and subscription may be subject to additional fees as determined and charged by the third-party service provider.

3.2 If you are under the age of thirteen (13), you may not create a User Account, place an Order, or otherwise use the Services, unless expressly specified otherwise in these Terms or in the respective Order. In addition, if you are under 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian, or other legal representative. Any agreement entered into without such consent may be subject to cancellation in accordance with applicable law. 

3.3 If you wish to access the Services, you must place an Order with RealReal through your User Account. Offers made by RealReal for Services are not binding. By placing an Order, you make a binding offer to conclude an Order. Your offer shall not be binding on RealReal until RealReal confirms acceptance of your offer via email (“Order Confirmation”). The Order Confirmation will also include detailed information about your Order. 

3.4 You should save a copy of these Terms and any other terms and conditions applicable to the Order. These Terms or any other terms and conditions may not remain accessible to you online after concluding the Order process.

4.2 You must not (and must not permit any third party to), directly or indirectly: (a) sublicense, sell, resell, transfer, assign, distribute, share, lease, rent, make any business or commercial use of, outsource, or otherwise generate income from the Services; (b) copy the Services onto any public or distributed network; (c) decompile, reverse engineer or disassemble any portion of the Services, or otherwise attempt to discover any source code, object code or underlying structure, ideas, know-how or algorithms or other operational mechanisms of the Services, in each case, unless expressly permitted by mandatory law; (d) modify, adapt, translate or create derivative works based on all or any part of the Services (except to the extent expressly permitted by RealReal in writing or authorized within the Services); (e) modify any proprietary rights notices that appear in the Services or components thereof; (f) use any Services in violation of any applicable laws and regulations or outside of the scope of the rights granted under this Clause 4; (g) use the Services to (i) store, download or transmit infringing, libelous, or otherwise unlawful or tortious material, or malicious code or malware; or (ii) engage in phishing, spamming, denial-of-service attacks or other fraudulent or criminal activity; (iii) interfere with or disrupt the integrity or performance of the Services or third-party systems, or the services or data contained therein, including circumventing any rate limits or restrictions or bypassing any protective measures or safety mitigations; (iv) gain unauthorized access to the Services or RealReal’s systems or networks; or (v) perform, or engage any third party to perform, penetration testing, vulnerability assessments or other security assessments, or (h) use automated programs, applets, bots or the like to access, download, extract or copy the Services (in particular, the RealReal website and RealReal app) and any content thereon or Output for any purpose, including, by way of example, downloading content, indexing, scraping or caching any content; RealReal reserves the right to text and data mining in relation to the content provided as part of the Services and explicitly prohibits such access and use by others.

4.3 The Services may be subject to export and/or re-export control laws and regulations of the European Union, the United States of America, the United Kingdom or similar laws applicable in other jurisdictions. You warrant that (a) you are not located in any country to which the European Union, the United States of America and/or the United Kingdom have embargoed goods or have otherwise applied any economic sanctions, and (b) you are (i) not a denied party under any applicable export and/or re-export laws and regulations of the European Union, the United States of America, the United Kingdom or similar laws applicable in other jurisdictions, or (ii) otherwise listed on any European Union and/or United States of America government list of prohibited or restricted parties.

4.4 You must not export or re-export, directly or indirectly, any Services or data related to them in breach of any applicable laws and regulations. Specifically, you must adhere to any sanctions imposed by the European Union, the United States of America and/or the United Kingdom, provided that this compliance does not result in a violation of or a conflict with mandatory laws, particularly with respect to any anti-boycott statutes that may apply to you. You are responsible for obtaining, at your own expense, all necessary customs, import, or other governmental authorizations and approvals.

4.5 You must not duplicate, process, distribute, share, or publicly reproduce any content of the Services without RealReal’s prior written consent, unless explicitly permitted by sharing options integrated within the Services. 

4.6 You may only use the Services as described in the Documentation. 

4.7 RealReal may monitor your use of the Services and may prohibit and/or suspend any use of the Services that RealReal reasonably believes may be in violation of this Clause 4.7

5.2 You must keep the information in your User Account up to date and accurate. You may not provide another person with the username and password to access your account or use the account of someone else. You are responsible for ensuring that user identities, passwords and similar credentials used for accessing the Services are used and stored securely, cannot be accessed or used by unauthorized third parties, and are immediately changed in the event of unauthorized disclosure. You must notify RealReal promptly of any unauthorized use of any password or User Account, or any other known or suspected breach of security or misuse of the Services.

5.3 You are solely responsible for the content of all data and any other material that you display, post, upload, store, exchange, or transmit through the Services (“Content”). RealReal does not control the information you submit when using the Services and cannot guarantee the accuracy of any information that you provide. As a condition of submitting Content, you hereby grant to RealReal a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from the Content; incorporate the Content into other works; and sublicense through multiple tiers the Content for the purpose of the operation, provision, maintenance, improvement, promotion, and analytics of the Services and related service functionality. You acknowledge that this license cannot be terminated by you once your Content is submitted to the Service, except as required under applicable laws or these Terms. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, RealReal, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or RealReal have any obligation to you or anyone else to maintain the confidentiality of the Content. You will not upload, display, or otherwise provide on or through the Service any Content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); (ii) in RealReal’s reasonable judgment, is objectionable, restricts or inhibits any other person from using the Service, or may expose RealReal or its users to any harm or liability of any kind.

5.4 RealReal may investigate any complaints or reasonably suspected violations of the Order or these Terms that come to its attention without liability. RealReal may, where reasonably necessary, do so without prior notice. RealReal may take any action it reasonably deems appropriate, including, but not limited to, rejecting, refusing to post, or removing any Content or other data, or restricting, suspending, or terminating your access to the Services. 

5.5 Subject to Clause 16, you will be liable for any losses or damage incurred by RealReal if you intentionally or negligently disclose your user identification/password to a third party, or if your user identification and password become known to an unauthorized party. 

7.2 RealReal will provide Support to you via email through support@werereal.com or any other email address that RealReal may designate from time to time. Support is available from Monday through Friday during regular business hours in the locations in Japan Standard Time (JST).

7.3 RealReal will use reasonable efforts consistent with prevailing industry standards to provide Maintenance for Services in a manner which minimizes errors and interruptions in the Services. You may notify RealReal of any errors via support@werereal.com, or any other email address that RealReal may provide from time to time. RealReal will use commercially reasonable efforts to timely correct any errors reported, provided that (a) you supply a detailed description of the error and its reproducibility, and (b) the priority of the error is reasonably determined by RealReal at its sole discretion.

9.2 You must make payment of the Service Fees using the payment methods offered on RealReal’s website, or in case of any Order through a third-party provider, the payment methods offered by such third-party providers. All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will RealReal be responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtime or payment service outages.

9.3 You may only set-off your claims against RealReal’s claims if and to the extent that your claims have been (a) finally established by a court of law; (b) are uncontested; or (c) have been agreed to by RealReal. 

10.2 Any Order for Services shall remain in effect for an indefinite period of time, unless terminated in accordance with the Order or these Terms (“Term”). 

10.3 You or RealReal may immediately terminate your right to access or use the Service for good cause. Good cause for termination shall exist if the other party commits a material breach of the Order or these Terms, and such breach has not been cured within thirty (30) days after receipt of written notice thereof (simple email shall suffice). Good cause for RealReal also includes situations where: (a) you breach the use restrictions under Clause 4. Good cause also includes material modification of Service as set out in Clause 2.1. In addition, RealReal may terminate your right to access or use the Services for any business reason. RealReal will inform you in advance where reasonably practicable.

     

10.4 If you wish to delete your account and terminate your use of the Services, please contact us for assistance. Once your account is deleted, your license will be revoked, you will no longer have access to your profile, and all information contained in your profile will be deleted. We accept no liability for the deletion of information or content from your profile. You acknowledge that certain user content may remain even after your profile is cancelled, and that the user content license will not be revoked or terminated.

11.2 A License only applies to the Services defined in the applicable Order at the time of purchase and does not extend to any future services. 

11.3 Neither RealReal nor you may terminate any Order for a License for convenience. You and RealReal’s right to immediately terminate any Order for a License for good cause, as defined in Clause 10.3 shall remain unaffected.

12.1 You represent and warrant that you have verified that the specifications of the Services, as described in the Documentation, meet your needs. You are aware of the functionality and features of the Services. The scope, nature, and quality of the Services are governed by these Terms, the Order, and the Documentation. Any other requirements will only form part of the Order if mutually agreed upon in writing by you and RealReal. Product descriptions, illustrations, etc. do not constitute guarantees or agreements on certain specifications. For any such agreement to be valid, it must be expressly agreed to in writing by the director of RealReal.

12.2 RealReal will provide the Services in accordance with the Documentation. Any claims for damages due to a breach of this warranty are subject to the limitations set forth in Clause 16.

12.3 You are not permitted to obtain or access the source code of the Services for any reason.

13.1 RealReal and its vendors and licensors own and shall retain all proprietary rights, including all copyrights, database rights, patents, trade secrets, trademarks, and all other intellectual property rights and technical solutions, in and to the Services. This includes but is not limited to any contents and didactic methods. You acknowledge that the rights granted under any Order do not confer to you any title to or ownership of the Services. 

13.2 If necessary for performance of Services, RealReal may transfer your data to third-party service providers in accordance with RealReal's privacy policy.     

The processing and use of personal data by RealReal is described in RealReal’s privacy policy, which can be accessed here.

15.1 Without prejudice to any other liability of you under contract or statutory law, you shall defend, indemnify and hold harmless, at your expense, RealReal and its Affiliates, and their employees, subcontractors, suppliers, licensors and resellers from and against any third-party claim arising out of or in connection with your breach of Clause 4, your violation of the RealReal Code of Conduct or otherwise from your use of the Services to the extent caused by your breach, negligence, or willful misconduct, and you shall pay all costs and damages finally awarded against RealReal by a court of competent jurisdiction as a result of any such claim. “Affiliate” is defined as any entity that directly or indirectly controls, is controlled by, or is under direct or indirect common control with RealReal, or is a wholly-owned subsidiary of RealReal, where ‘control’ means owning, directly or indirectly, at least fifty-one percent (51%) of the equity securities or equity interests of an entity.

15.2 In connection with any claim for indemnity under this Clause 15, RealReal will promptly provide you with notice of any claim that RealReal believes falls within the scope of your indemnity obligations. However, the failure to provide such notice shall not relieve you of your obligations under this Clause 15, except to the extent that such failure materially prejudices your defense of such claim. RealReal may, at its own expense and at its sole discretion, assist in the defense of such claim, but you shall control the defense and all negotiations related to the settlement of any such claim. You may not enter into any settlement intended to bind RealReal without RealReal’s written consent, which shall not be unreasonably withheld, conditioned, or delayed.

15.3 RealReal shall, at its expense, defend you from (or, at RealReal’s option, settle) any third-party claim to the extent such claim alleges that the Services infringe or misappropriate any patent, copyright, trademark or trade secret of a third party. RealReal shall pay all costs and damages finally awarded against you by a court of competent jurisdiction as a result of any such claim. If the use of the Services is, or in RealReal’s sole opinion is likely to become, subject to such a claim, RealReal may, at its option and expense, (a) replace the applicable Services with functionally equivalent non-infringing technology; (b) obtain a license for your continued use of the applicable Service; or (c) if necessary, immediately terminate the Order in whole or in part and provide a pro-rata refund of the Service Fees that have been paid in advance for the applicable Services. 

15.4 Clause 15.3 does not apply if (a) the Services are modified by you or by any third party for which you are responsible, (b) the Services are combined with other non-RealReal products, applications, or processes, but solely to the extent that the alleged infringement is caused by such combination, or (c) the Services are used in an unauthorized manner.

15.5 Your rights under this Clause 15 represent your sole remedy with respect to any claim of infringement of third-party intellectual property rights and trade secrets.

16.1 RealReal shall not be liable for damages resulting from the breach of non-material obligations through simple negligence of RealReal, its legal representatives or vicarious agents. RealReal's liability for simple negligence is limited to (i) breaches of material obligations (fundamental duties which form the essence of the Order and of the performance on which you may rely) which are essential to enable the ordinary implementation of the Order, (ii) whose breach would jeopardize the achievement of the purpose of the Order, and (iii) on which you may rely under regular circumstances.

16.2 In the event of a breach of such a material obligation, RealReal shall be only liable for the foreseeable, typical contractual damage. This limitation also applies to breaches of duty by RealReal’s legal representatives or vicarious agents. The personal liability of RealReal’s legal representatives, vicarious agents and employees for damages caused by them due to slight negligence (i.e., negligence that is not gross negligence) is excluded.

16.3 Subject to Clauses 16.1 and 16.2, the total aggregate liability of RealReal arising out of or in connection with these Terms or any Order, whether in contract or tort, or otherwise, shall in no circumstances exceed one hundred percent (100%) of the total Service Fees paid or payable by you under the relevant Order.

16.4 The limitations set forth in Clause 16.1 to 16.3 do not apply in case of (i) a contractual guarantee given by RealReal, (ii) injury or damage to life, body and health; or (iii) any liability due to willful concealment of defects or gross negligence.

16.5 RealReal shall be liable for loss of data only up to the amount of typical recovery costs that would have been incurred had proper and regular data backup measures been taken by you.

16.6 RealReal does not guarantee, represent, or warrant any specific language learning progress or success will be achieved by you through your use of the Services.

16.7 Neither RealReal nor you shall be liable for any failure or delay in performance under the Order or these Terms to the extent that such failure or delay is proximately caused by force majeure, i.e., causes beyond a party’s reasonable control and occurring without such party’s fault or negligence.

17.1 Pursuant to statutory law, you have the following right of withdrawal:

Right of Withdrawal

You may withdraw from this contract within fourteen (14) days without giving any reasons.

The withdrawal period will expire after fourteen (14) days from the day on which this contract is entered into. To exercise your right of withdrawal, you must inform RealReal Inc. (registered office: 1-1-12 Sendagaya, Shibuya-ku, Tokyo (Japan), 151-0051, email: support@werereal.com) of your decision to withdraw from this contract by a clear statement (e.g. email). 

To meet the withdrawal deadline, it is sufficient for you to send your communication stating that you exercise the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal 

If you withdraw from this contract, RealReal shall refund all payments received from you, including the costs of delivery (if applicable), without undue delay, and in any event no later than fourteen (14) days from the day on which we are notified of your decision to withdraw from this contract. RealReal will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

17.2 Your right of withdrawal as set out in Clause 17.1 expires prematurely in the case of a contract for the delivery of digital content that is not contained in a tangible medium (in case of Services: if RealReal has commenced performance of the contract after you have expressly consented that RealReal will commence performance of the contract prior to the expiry of the withdrawal period, you have acknowledged that by consenting you will lose your right of withdrawal from the contract upon performance of the contract having commenced, and RealReal has provided you with a contract confirmation containing a reproduction of the contract content, the legally required information as well as your consent and confirmation of acknowledgement on a durable medium (e.g. via email) prior to delivery. The aforementioned consent and confirmation are usually provided as part of the process of placing an Order.

17.3 Your right of withdrawal as set out in Clause 17.1 expires prematurely in the case of a contract for services (within the meaning of the right of withdrawal under applicable statutory law)upon full performance of the services if you have expressly provided your consent on a durable medium that RealReal will start performance of the contract prior to the expiry of the withdrawal period and you have acknowledged that by consenting you will lose your right of withdrawal from the contract upon full performance of the contract. If you withdraw from an Order involving services (e.g., Q＆A Session Services) before your right of withdrawal has expired, you may be obliged to compensate RealReal for the value of such services provided until the withdrawal is effective.

17.4 RealReal shall not be liable for any costs or expenses that you may incur from third parties engaged by you (e.g. banks and payment service providers) or for any non-refundable taxes as part of the withdrawal process.

18.1 RealReal may assign these Terms and any Order and/or any associated rights, in whole or in part, to a third party, provided that such assignment shall not impair your rights under such Order. 

18.2 At RealReal’s request, you shall enter into a novation agreement with a third party for any Order without undue delay in order to enable RealReal to exercise its rights pursuant to Clause 18.1.

18.3 You must not assign any of your rights or obligations under any Order and these Terms without the prior written consent of RealReal, except for any payment claims.

19.1 The Order and these Terms represents the entire agreement between you and RealReal with respect to their subject matter and supersedes all prior negotiations and agreements, whether written or oral.

19.2 Should any provision of the Order including these Terms be or become ineffective or invalid in whole or in part, the effectiveness and validity of the other provisions shall not be affected. Any ineffective or invalid provision shall be replaced by a provision that, as closely as legally possible, achieves the intent and purpose of the original provision. If the ineffectiveness or invalidity of a provision is due to the determination of a certain level of performance or a certain time (deadline or fixed date), such ineffective or invalid level or time shall be replaced by the level or time which comes as close as legally possible to the original level or time. This also applies to any unintended omission or error in an Order or these Terms. 

19.3 Without prejudice to Clause 20, any valid amendments or supplements to any Order must be mutually agreed upon and made in writing (exchange of simple emails to suffice). The same shall apply to any agreement to deviate from or cancel the requirements of this Clause 19.3.

20.1 RealReal may amend and/or update these Terms for existing Orders from time to time with future effect and as necessary for technical, economic or legal reasons. RealReal will notify you of any changes to these Terms as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. You may either approve or object to such changes before their proposed effective date. All changes shall be deemed approved by you, unless you object to the revision before the proposed effective date. RealReal shall expressly inform you of the proposed effective date in the announcement of such changes.

20.2 RealReal may amend and/or update these Terms from time to time for future Orders at any time for any reason without notice.

21.2 The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

21.3 RealReal is not obligated to participate in any alternative dispute resolution proceedings or in dispute resolution proceedings before any other consumer arbitration board, except where required under applicable laws or regulations. 

The following country-specific provisions shall apply and shall supersede the corresponding provision(s) stated in the Terms above in case your habitual residence, at the time of placing an order with RealReal, is/has been in one of the countries mentioned below:

16.1 IN NO EVENT WILL RealReal BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES RESULTING YOUR USE OF THE SERVICES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RealReal’S LIABILITY FOR DIRECT DAMAGES EXCEED THE FEES YOU HAVE PAID TO RealReal. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. 

16.2 RealReal does not guarantee, represent or warrant any specific language learning progress or language learning success to be achieved by you through your use of the Services.

16.3 Neither RealReal nor you shall be liable for any failure or delay in performance under the Order or these Terms to the extent that such failure or delay is proximately caused by force majeure, i.e., causes beyond a party’s reasonable control and occurring without such party’s fault or negligence.

1-1-12 Sendagaya, Shibuya-ku, Tokyo, Japan, 151-0051

22 MAY 2026