Terms of Service

The short version

This summary is here to help you read the Terms. It is not a substitute for them, and the full Terms below control.

• FLIPSAIL is an independent tool. We are not affiliated with, endorsed by, or approved by any marketplace.
• Marketplaces can restrict or ban automated tools, and can warn, limit, suspend, or close your marketplace account at any time. Using FLIPSAIL carries that risk, and you accept it.
• When you connect a marketplace, FLIPSAIL acts on that account at your direction. You remain responsible for your listings, sales, and compliance with each marketplace's rules.
• Our liability is limited to what you paid us in the last 12 months.
• Disputes are resolved individually by arbitration or small-claims court, not in class actions. You can opt out within 30 days (see Section 15).

1. Who We Are and Acceptance of These Terms

FLIPSAIL is operated by Ilan Elfen, a sole proprietor doing business as FLIPSAIL ("FLIPSAIL," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of the FLIPSAIL website, dashboard, Chrome extension, cloud automation, and related services (together, the "Service").

By creating an account, installing the extension, connecting a marketplace, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service. You must be at least 18 years old and able to form a binding contract to use the Service.

2. The Service

FLIPSAIL provides tools for resellers who sell on online marketplaces, currently including Poshmark, eBay, Mercari, Depop, Etsy, Grailed, Vinted, and Whatnot (each a "Marketplace"). Features include crosslisting, sale detection, automatic delisting of sold items, automation such as sharing, relisting, and offers, and pricing and fee comparisons. Available features vary by Marketplace and by plan, and they may change over time.

FLIPSAIL is not affiliated with, endorsed by, sponsored by, or approved by any Marketplace. Marketplace names and trademarks belong to their owners and are used only to identify the services FLIPSAIL works with.

3. Marketplace Rules and Automation Risk

Please read this section carefully. Each Marketplace is an independent third party with its own terms, policies, and enforcement systems ("Marketplace Rules"). You acknowledge and agree that:

• Marketplace Rules may restrict or prohibit automated tools, bots, scripts, or third-party access to your account, and Marketplaces may change their rules, limits, and detection methods at any time without notice to you or to us.
• Any Marketplace may, at its sole discretion, warn you, limit your activity, remove your listings, withhold funds, or suspend or permanently close your Marketplace account, including because of activity performed through FLIPSAIL.
• FLIPSAIL's rate limits, delays, and safety settings are designed to reduce this risk. They do not eliminate it, and we do not represent that any setting, speed, or volume is safe or acceptable to any Marketplace.
• You alone decide whether to use automation on each Marketplace and how to configure it, and you are solely responsible for complying with the Marketplace Rules that apply to you.
• We have no control over Marketplace decisions and cannot reverse or appeal them for you.

YOU USE AUTOMATION FEATURES AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLIPSAIL IS NOT RESPONSIBLE FOR ANY WARNING, RESTRICTION, LISTING REMOVAL, WITHHELD FUNDS, SUSPENSION, OR TERMINATION OF ANY MARKETPLACE ACCOUNT, OR FOR ANY LOSS THAT RESULTS FROM IT.

4. Connecting Your Marketplace Accounts

When you connect a Marketplace account, you authorize FLIPSAIL to access that account using the session or authentication data you provide or that the extension collects for this purpose, as described in our Privacy Policy. You authorize FLIPSAIL, as your agent, to perform the actions you set up or trigger, such as creating, editing, sharing, relisting, and delisting listings. These actions may run from your browser or from our cloud servers, including while your computer is off.

You confirm that you own each account you connect or are authorized to connect it. You can withdraw this authorization at any time by disconnecting the Marketplace in your dashboard, signing out of the Marketplace, or uninstalling the extension. Actions already in progress may still complete.

Sale detection and auto-delist depend on Marketplaces being reachable and behaving as expected. Detection can be delayed or missed, and an item can sell on more than one Marketplace before it is delisted. You remain responsible for your listings, inventory, sales, cancellations, shipping, buyer communications, returns, fees, and taxes.

5. Your Account

You are responsible for:

• Providing accurate account information and keeping it current
• Keeping your FLIPSAIL and Marketplace credentials secure
• All activity that occurs under your account
• Reviewing your automation settings and the actions FLIPSAIL performs for you

Each FLIPSAIL account is for one person. Tell us promptly at legal@flipsail.io if you believe your account has been compromised.

6. Acceptable Use

You agree not to:

• Use the Service to break any law or infringe anyone's rights
• List counterfeit, stolen, or prohibited items, or post misleading listings
• Connect or operate accounts you are not authorized to use
• Share your FLIPSAIL account or resell access to the Service
• Reverse engineer, decompile, or disassemble the Service, except where the law expressly allows it
• Bypass or tamper with rate limits, safety controls, or plan limits
• Interfere with, overload, or try to gain unauthorized access to the Service or its systems

7. Your Content and Automated Suggestions

You keep ownership of the listings, photos, and other content you bring to the Service ("Your Content"). You give FLIPSAIL a limited license to store, copy, adapt, and send Your Content only as needed to provide the Service, for example to crosslist an item to another Marketplace. You confirm that you have the rights needed to grant this license.

Some features generate suggestions automatically, including with AI, such as category mapping, pricing comparisons, and field conversions between Marketplaces. These suggestions may be inaccurate or incomplete. You are responsible for reviewing listings before and after they are published.

8. Plans, Trials, and Billing

Free plan. Some features are available free of charge, subject to the limits shown on our pricing page. We may change or end free features at any time.

Trial. New accounts may receive a 14-day trial of paid features without a payment card. When the trial ends, your account moves to the free plan unless you subscribe.

Subscriptions. Paid plans are billed in advance, monthly or annually, through our payment processor. Your subscription renews automatically at the end of each billing period at the then-current price until you cancel. You can cancel at any time in Dashboard > Settings > Billing. Cancellation takes effect at the end of the current billing period, and you keep paid features until then.

Refunds. You can request a full refund within 14 days of your first payment for a plan by emailing legal@flipsail.io. Otherwise, fees are non-refundable and we do not refund partial billing periods, except where the law requires it. A Marketplace restricting or suspending your account does not by itself entitle you to a refund outside that 14-day window.

Price changes. We will give you at least 30 days' notice by email before a price change affects your subscription. The new price applies from your next renewal after the notice period. You can cancel before then.

9. Changes to the Service

Marketplaces change often, and features that depend on them may stop working, work differently, or be withdrawn with little or no notice. We may add, change, suspend, or remove features at any time, including to reduce risk to users' Marketplace accounts. We do not guarantee that any feature will stay available or that the Service will be uninterrupted.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT SALES WILL BE DETECTED OR ITEMS DELISTED IN TIME TO PREVENT DOUBLE SALES; THAT LISTINGS WILL BE PUBLISHED ACCURATELY; OR THAT USING THE SERVICE WILL NOT RESULT IN ANY MARKETPLACE WARNING, RESTRICTION, SUSPENSION, OR BAN.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLIPSAIL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, INCLUDING LOSSES ARISING FROM A MARKETPLACE RESTRICTING, SUSPENDING, OR CLOSING YOUR ACCOUNT, FROM MARKETPLACE FEES OR PENALTIES, OR FROM ITEMS SOLD MORE THAN ONCE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLIPSAIL'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FLIPSAIL IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US$50.

These limits apply to every theory of liability, including contract, tort (including negligence), and statute. Some jurisdictions do not allow certain exclusions or limits, so some of them may not apply to you.

12. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold FLIPSAIL harmless from any claims, losses, liabilities, and expenses, including reasonable attorneys' fees, brought by a third party (including a Marketplace or a buyer) that arise from Your Content, your listings or sales, your breach of these Terms or of any Marketplace Rules, or your misuse of the Service.

13. Suspension and Termination

You can stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if your use creates risk or legal exposure for FLIPSAIL or other users, or if we stop offering the Service. If we end the Service entirely without cause, we will refund the unused portion of any prepaid subscription.

Sections 3, 4 (your responsibilities), 7, and 10 through 17 survive termination.

14. Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules. Section 15 is governed by the U.S. Federal Arbitration Act. Any claim that is not subject to arbitration will be brought exclusively in the state or federal courts located in Delaware, and you and FLIPSAIL consent to their jurisdiction.

15. Dispute Resolution, Arbitration, and Class Action Waiver

Talk to us first. Before starting any formal proceeding, email legal@flipsail.io describing your issue and the resolution you want. You and FLIPSAIL will try in good faith to resolve it within 60 days.

Arbitration. If we cannot resolve the dispute informally, you and FLIPSAIL agree to settle any dispute arising from or relating to these Terms or the Service by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration may take place by video or phone, or on written submissions. Either party may instead bring an individual claim in small-claims court if it qualifies.

No class actions. YOU AND FLIPSAIL MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this class action waiver is found unenforceable for a claim, the arbitration agreement does not apply to that claim, and that claim will be decided in court under Section 14.

Opting out. You can opt out of this Section 15 by emailing legal@flipsail.io within 30 days of first agreeing to these Terms. Include your name, your account email, and a clear statement that you are opting out of arbitration.

16. Consumers Outside the United States

If you live in a country whose consumer protection laws give you rights that cannot be waived by contract, nothing in these Terms limits those rights. In that case, sections that conflict with those laws apply only to the extent those laws allow.

17. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and FLIPSAIL about the Service.
• Severability. If any provision is unenforceable, the rest of these Terms remain in effect.
• No waiver. If we do not enforce a provision, we have not waived our right to enforce it later.
• Assignment. You may not transfer these Terms without our consent. We may transfer them, including to a company formed to operate FLIPSAIL or to a successor to the business.
• Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, including Marketplace outages or changes.

18. Changes to These Terms

We may update these Terms from time to time. We will email you about material changes at least 14 days before they take effect. By continuing to use the Service after that date, you accept the updated Terms. Changes to Section 15 do not apply to disputes that arose before the change.

19. Contact

For questions about these Terms, contact us at legal@flipsail.io.