Terms of Service
Effective Date: January 20, 2025
Welcome to Pricing Tool: for eBay Sellers (the "App"). By accessing or using the App, you agree to be bound by these Terms of Service (the "Terms"). If you do not agree with these Terms, please do not use the App.
Questions or concerns? Reading these terms of service will help you understand your rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at [email protected].
TABLE OF CONTENTS
1. Acceptance of Terms
2. Subscription and Payments
3. Use of the App
4. eBay and Third-Party Service Disclaimer
5. Data and Pricing Information
6. User Responsibility and Professional Advice
7. Intellectual Property
8. Disclaimer of Warranties
9. Limitation of Liability
10. Privacy Policy
11. Termination
12. Changes to Terms
13. Governing Law
14. Contact Us
1. Acceptance of Terms
By downloading, installing, or using the App, you confirm that you are at least 18 years old and legally capable of entering into a binding agreement.
2. Subscription and Payments
2.1 Subscription Overview
- The App offers Weekly ($4.99) and Monthly ($9.99) subscriptions to access pricing research features.
- Subscriptions are billed on a recurring basis until canceled.
- You may cancel your subscription at any time through your device's subscription settings. There are no refunds for subscription fees for any reason.
2.2 Payment Processing
- Payments are processed through the Apple App Store.
- By subscribing, you authorize the App Store to charge your chosen payment method.
- Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period.
2.3 Subscription Features and Expiration
- Active subscriptions provide access to pricing research, filtering tools, and eBay listing integration.
- Upon subscription expiration, access to pricing research features will be disabled.
- No user data is deleted upon expiration. Access is restored immediately upon resubscription.
2.4 Cancellation and Refunds
- Subscription fees are non-refundable under any circumstances.
- You may cancel your subscription at any time through your Apple device's subscription settings.
- Cancellations take effect at the end of the current billing period.
2.5 Changes to Pricing
- We reserve the right to modify subscription fees at any time, with prior notice provided through the App or App Store.
- Price changes will not affect active subscriptions until the next renewal period.
3. Use of the App
3.1 License Grant
- We grant you a limited, non-exclusive, non-transferable license to use the App for personal or business purposes related to eBay selling activities.
3.2 Prohibited Activities
You agree not to:
- Use the App for unlawful purposes or in violation of eBay's Terms of Service.
- Reverse engineer, decompile, or modify the App.
- Attempt to gain unauthorized access to any systems or data.
- Use the App to manipulate markets, engage in price fixing, or violate antitrust laws.
- Resell, redistribute, or share access to the App or its data.
4. eBay and Third-Party Service Disclaimer
- Not Affiliated with eBay: This App is an independent tool and is NOT affiliated with, endorsed by, sponsored by, or approved by eBay Inc. eBay is a registered trademark of eBay Inc.
- No Official Partnership: We have no business relationship, partnership, or official agreement with eBay Inc.
- Independent Service: All product names, trademarks, brands, and registered trademarks mentioned in this App are property of their respective owners.
- eBay Compliance: Users must independently comply with eBay's Terms of Service, seller policies, and community standards. We are not responsible for any violations of eBay policies.
- eBay Account Required: Use of listing features requires your own eBay seller account. This App does not create, modify, or manage eBay listings directly.
- eBay API and Data: We access publicly available eBay listing data. We do not guarantee continuous access to eBay data and are not responsible if eBay changes their policies or restricts data access.
5. Data and Pricing Information
- Current Listings Data: Pricing data is based on current active eBay listings at the time of search and reflects asking prices, not actual sold prices.
- No Sold Data (V1): This version does not include completed or sold listings data. Pricing reflects market asking prices only.
- Data Accuracy: We do not guarantee the accuracy, completeness, or reliability of pricing data. eBay listings may contain errors, outdated information, or misleading prices.
- Real-Time Limitations: Pricing data may not reflect the most current eBay listings due to caching, API delays, or technical limitations.
- Market Volatility: Prices change rapidly. Data shown is a snapshot in time and may not reflect current market conditions.
- No Data Storage: We do not permanently store pricing data or maintain historical price databases.
6. User Responsibility and Professional Advice
- Informational Purpose Only: This App provides market research tools for informational purposes only. It does not constitute financial, business, tax, or legal advice.
- Your Pricing Decisions: You are solely responsible for all pricing, listing, and selling decisions. We do not recommend specific prices or guarantee sales results.
- No Guarantee of Profit: Use of this App does not guarantee sales, profits, or successful eBay selling outcomes.
- Consult Professionals: For tax, legal, or business advice related to reselling or eBay selling, consult qualified professionals.
- Due Diligence: You are responsible for verifying all pricing data, researching market conditions, and making informed decisions.
- Compliance: You must comply with all applicable laws, regulations, and eBay policies related to online selling, taxes, and business operations.
7. Intellectual Property
All content, features, and functionality in the App (including but not limited to text, graphics, logos, design, and code) are owned by or licensed to Cultivate Digital, LLC and are protected by intellectual property laws.
8. Disclaimer of Warranties
- The App is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
- We do not warrant that pricing data is accurate, current, complete, or reliable.
- We do not guarantee that the App will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
- We do not warrant that eBay data access will continue or that eBay will not restrict our ability to access listing information.
- We make no guarantees about sales results, pricing accuracy, or business outcomes from using the App.
9. Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE APP.
- This includes but is not limited to: lost profits, lost sales, business interruption, incorrect pricing decisions, inaccurate data, reliance on App information, or any other commercial damages or losses.
- Our total liability for all claims related to the App shall not exceed the amount paid by you for the subscription during the twelve (12) months preceding the claim.
- We are not liable for eBay policy violations, account suspensions, listing errors, or any consequences of your selling activities.
- We are not responsible for service interruptions due to eBay policy changes, API restrictions, technical failures, or circumstances beyond our control.
- Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
10. Privacy Policy
- Your use of the App is also governed by our Privacy Policy, which details how we collect, use, and protect your data.
- We do not collect, store, or share your eBay account credentials or personal selling data.
11. Termination
- We reserve the right to suspend or terminate your access to the App at any time if you violate these Terms, engage in fraudulent activities, or misuse the App.
- Upon termination, your subscription will be canceled without refund.
- We may discontinue the App or specific features at any time without liability.
12. Changes to Terms
- We may update these Terms from time to time. We will notify you of material changes through the App or via email.
- Continued use of the App after changes constitutes acceptance of the revised Terms.
- If you do not agree to updated Terms, you must stop using the App and cancel your subscription.
13. Governing Law
- These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict of law principles.
- Any disputes shall be resolved exclusively in the state or federal courts located in Michigan.
14. Contact Us
If you have any questions regarding these Terms, please contact us at:
[email protected]
By using Pricing Tool: for eBay Sellers, you acknowledge that you have read, understood, and agreed to these Terms of Service.