Licenční smlouva s koncovým uživatelem doplňku Underpriced App - AI Profit Checker App for Resell
Underpriced App - AI Profit Checker App for Resell od Underpriced.App - AI Profit Checker for Resellers
Licenční smlouva s koncovým uživatelem doplňku Underpriced App - AI Profit Checker App for Resell
- Agreement to Terms
By accessing or using Underpriced (the "Service"), including our website at underpriced.app, web application, browser extension, and any related services, you agree to be bound by these Terms of Use. If you disagree with any part, please do not use our services.
Changes to Terms
We reserve the right to modify these Terms at any time. Changes required by law or for security become effective immediately. Material changes (new fees, dispute resolution changes, significant policy shifts) become effective 30 days after posting. We will notify users of material changes via email and/or in-app notification. Continued use after the effective date constitutes acceptance.
Right to Reject: If you disagree with material changes, you may terminate use prior to the effective date.
2. Description of Service
Underpriced provides:
AI-Powered Analysis: Upload screenshots or photos of marketplace listings to receive AI-generated market value estimates, deal ratings, ROI calculations, and flipping insights
Flip Tracker: Inventory management to track purchases, listings, sales, and profit/loss
Browser Extension: Optional tool to analyze listings directly from marketplace websites
Analysis History: Access to your past analyses and favorites
Service Modifications & Discontinuation
We reserve the right to modify, suspend, or discontinue any feature or the entire Service at any time without prior notice. We may impose limits on features or restrict access. We will not be liable to you or any third party for any modification, suspension, or discontinuation.
Third-Party Platform Policies
Our browser extension is distributed through Chrome Web Store and other platforms with their own policies. We are not responsible if a platform removes or restricts the extension. Extension availability is subject to platform decisions outside our control.
3. User Accounts & Subscriptions
Account Creation: Users may create accounts using Google authentication. You are responsible for maintaining the confidentiality of your account and all activities under it.
Subscription Plans:
Free tier provides limited monthly analyses with restricted features
Paid plans (Starter, Reseller, Pro, Ultra) provide increased analysis limits and features
Subscriptions auto-renew monthly unless cancelled
Cancel anytime via Account Center → Manage Subscription
Promotional pricing (e.g., 50% off first month) applies only to the first billing cycle
Refund Policy: Due to the nature of digital services with immediate access, refunds are generally not provided for partial months. Exceptions may be made at our discretion or as required by applicable consumer protection laws.
Account Termination: We may suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or abuse the Service.
4. Your Responsibilities & Acceptable Use
By using Underpriced, you agree to:
Use the Service for personal or legitimate business purposes
Provide accurate information when creating your account
Take responsibility for your own purchasing and resale decisions
Verify AI-generated information before making significant decisions
Prohibited Activities
You agree NOT to:
Use the Service for any illegal purpose or to facilitate illegal transactions
Upload malicious, harmful, infringing, or illegal content
Attempt to reverse-engineer, hack, or compromise the Service
Use automated systems, bots, or scrapers to access the Service beyond normal use
Circumvent usage limits, security measures, or payment systems
Resell, redistribute, or commercially exploit the Service without authorization
Impersonate Underpriced, its team, or other users
Use the Service to harass, stalk, or harm others
Upload content you don't have rights to use
Violation of these terms may result in immediate termination of your account and potential legal action.
5. AI-Generated Content & Disclaimers
⚠️ CRITICAL DISCLAIMER: AI Estimates Are Not Guarantees
All valuations, price estimates, market data, ROI calculations, and analysis provided by Underpriced are AI-generated estimates based on available data and should be used for informational purposes only.
You acknowledge and agree that:
AI outputs may contain errors, inaccuracies, or outdated information
Market conditions change rapidly and past sales data may not reflect current values
We do not guarantee the accuracy, completeness, or reliability of any valuations
The "BUY" or "PASS" recommendations are suggestions, not commands
Confidence levels and data point counts are estimates, not certainties
You should always conduct your own research and verify information
Final purchasing decisions are solely your responsibility
The AI analyzes images using computer vision and cross-references with market data. It cannot physically inspect items, verify authenticity, or guarantee condition. Items may be counterfeit, damaged, or misrepresented in ways the AI cannot detect from photos alone.
6. Not Financial, Investment, or Professional Advice
Underpriced is an informational tool for deal analysis. We are NOT:
Financial advisors, investment professionals, or fiduciaries
Licensed appraisers, valuators, or authenticators
Tax professionals or accountants
Legal advisors
Nothing in the Service constitutes:
A recommendation to buy, sell, or hold any item
Financial or investment advice
A guarantee of profit or return on investment
Professional valuation or appraisal
If you need professional financial, tax, or legal advice, consult a qualified professional in your jurisdiction.
7. Intellectual Property & Trademarks
Our Property: The Service, including its design, features, branding, logos, user interface, code, and content, is owned by Underpriced and protected by intellectual property laws globally.
Trademark & Trade Dress Notice
"Underpriced", "Underpriced.app", the "Underpriced" wordmark, and the distinctive "Underpriced" trade dress (including the specific combination of the downward trending arrow icon with the "Underpriced" wordmark in our signature violet/indigo color scheme) are common law trademarks and/or service marks of Underpriced.
You may not use our trademarks, trade dress, or confusingly similar marks in connection with any product or service without our prior written consent. All other trademarks not owned by Underpriced that appear on the Service are the property of their respective owners.
Your Content: You retain ownership of images and content you upload. By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to process, store, and display it for providing the Service and improving our AI models.
Feedback: If you provide feedback, suggestions, or feature requests through any channel, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback without restriction or compensation.
DMCA & Copyright
If you believe content on our Service infringes your copyright, send a proper DMCA notice to support@underpriced.app. Include: identification of the copyrighted work, identification of the infringing material, your contact information, and a statement of good faith belief. False claims may result in liability under 17 U.S.C. § 512(f).
8. Third-Party Marketplaces & Links
Underpriced analyzes listings from third-party marketplaces (eBay, Facebook Marketplace, OfferUp, Craigslist, etc.). We are NOT:
Affiliated with, endorsed by, or sponsored by any marketplace
Responsible for the accuracy of marketplace listings
Responsible for transactions conducted on third-party platforms
Guaranteeing that sellers are legitimate or items are as described
Use of marketplace names is nominative fair use for identification purposes only. Once you leave our Service to visit third-party sites, their terms and privacy policies apply.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Underpriced and its affiliates, officers, employees, agents, and licensors shall NOT be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
Loss of profits, revenues, data, use, goodwill, or other intangible losses
Purchasing decisions made based on AI-generated analysis
Items that were counterfeit, damaged, or misrepresented
Missed opportunities or deals
Service interruptions, errors, or downtime
Unauthorized access to or alteration of your data
Aggregate Liability Cap
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF: (A) $100 CAD, OR (B) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
This cap applies to all theories of liability (contract, tort, negligence, etc.) but does NOT apply where prohibited by law (e.g., liability for death, personal injury, fraud, or gross negligence where such exclusions are not permitted).
10. "As Is" Service — No Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
We disclaim all warranties including, but not limited to:
Warranties of merchantability, fitness for a particular purpose, and non-infringement
That the Service will be error-free, uninterrupted, or secure
That defects will be corrected
That results will be accurate or reliable
That the Service will meet your specific requirements
You use the Service at your own risk. We are not responsible for decisions made based on AI analysis.
11. Indemnification
You agree to indemnify, defend, and hold harmless Underpriced, its creators, affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:
Your use or misuse of the Service
Your violation of these Terms
Your violation of any third-party rights
Content you upload to the Service
Your purchasing or resale decisions
Disputes with buyers, sellers, or marketplaces
- Dispute Resolution & Arbitration
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS
Informal Resolution First: Before filing any formal dispute, contact us at support@underpriced.app. We will attempt to resolve issues within 30 days through good-faith negotiation.
Arbitration Agreement (US & Canada): For users in the United States and Canada, any dispute arising from these Terms or the Service will be resolved by binding arbitration under the Arbitration Act, 1991 (Ontario), rather than in court.
Class Action Waiver
You agree to resolve disputes only on an individual basis. You waive any right to participate in class actions, class-wide arbitrations, consolidated proceedings, or representative actions.
Exceptions to Arbitration:
Either party may bring claims in small claims court if qualified
Either party may seek injunctive relief for intellectual property violations
Opt-Out Right (30 Days): You may opt out of arbitration by emailing support@underpriced.app within 30 days of first using the Service with subject "Arbitration Opt-Out," your full name, and date of first use.
Consumer Protections
EU/UK Consumers: The arbitration clause does NOT prevent you from bringing claims in EU/UK courts for breach of statutory rights under EU Directive 93/13/EEC or UK Consumer Rights Act 2015.
Australian Consumers: You retain rights under Australian Consumer Law to pursue claims through Australian courts.
Other Jurisdictions: If mandatory arbitration is prohibited in your jurisdiction, this provision is modified to comply with local law.
13. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of law principles.
Exclusive Jurisdiction: Any disputes not subject to arbitration will be resolved exclusively in the courts of Ontario, Canada. You irrevocably consent to the jurisdiction of these courts.
14. Consumer Protection Rights
Universal Savings Clause: Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law. If you are a consumer with mandatory protection rights, those statutory rights are preserved.
Canadian Consumers:
Ontario: Consumer Protection Act, 2002 protections apply
Quebec: Consumer Protection Act (R.S.Q., c. P-40.1) protections apply
International Consumers: Your mandatory statutory rights under local consumer protection law (EU Directive 2019/770, UK Consumer Rights Act 2015, Australian Consumer Law, etc.) are not affected by these Terms.
15. Termination
You can stop using Underpriced anytime by logging out and not returning. To delete your account, use Account Center → Preferences → Delete Account.
We may terminate or suspend your account immediately, without prior notice, for:
Violation of these Terms
Fraudulent or abusive activity
Non-payment of subscription fees
At our sole discretion for any reason
Survival: Sections relating to Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law survive termination.
16. Beta & Experimental Features
Features labeled "beta," "experimental," "alpha," or similar are:
Provided for testing and feedback only
Not fully tested and may contain errors
Subject to change or removal without notice
Provided "AS IS" with no warranties whatsoever
- Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, pandemics, strikes, fires, floods, power outages, internet failures, or government actions.
18. Severability
If any provision of these Terms is found unenforceable by a court, that provision will be limited or eliminated to the minimum extent necessary. All other provisions remain in full force and effect.
19. No Waiver
Our failure to enforce any right or provision will not constitute a waiver of that right. Any waiver must be in writing and signed by us.
20. Assignment
Our Rights: We may assign or transfer these Terms to any party (including in mergers or acquisitions) without your consent.
Your Rights: You may not assign or transfer your rights without our written consent.
21. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Underpriced regarding the Service and supersede all prior agreements.
22. Contact Us
Questions about these Terms? Contact us at:
Email: support@underpriced.app
Website: underpriced.app