Terms of Service

1. Purpose and Scope

These Terms of Service (the "Terms") are a legal agreement between you and Vendit Mobile, LLC ("Vendit," "we," "us," or "our") that governs your access to and use of Vendit's mobile and web applications, APIs, integrations, dashboards, documentation, and related services (collectively, the "Service"). By using the Vendit Mobile, LLC website/mobile application and any of the information and services offered through the application, you agree to be bound by this agreement. The Service is offered in the United States and in English.

Relationship with eBay. Vendit is not affiliated with, endorsed by, or sponsored by eBay Inc. or its affiliates. eBay owns its marks and policies and enforces them. All references to eBay are for identification only; Vendit is not a party to transactions on eBay.

Non-contractual Literature. Any product descriptions, FAQs, demos, help-center articles, or marketing materials are informational only and do not create warranties, obligations, or guarantees beyond these Terms and the Privacy Policy.

Authority & Eligibility. If you use the Service on behalf of a company, you represent that you have authority to bind that company to this contract.

Your Acceptance. By clicking "Next," clicking "I agree," creating an account, or using the Service, you acknowledge that you have read and accept these Terms. If you do not agree, do not use the Service.

Changes to Terms. We may update these Terms. For material changes, we will provide notice as described in Section 16. Your continued use after the effective date constitutes acceptance. See Section 16 for details.

Contact. Questions or notices may be sent to support@venditmobile.com.

2. Key Definitions

• "User Content" means content you provide or create using the Service.
• "AI Outputs" means machine-generated text, suggestions, or visual transformations produced by the Service.
• "eBay Content" means data retrieved from eBay via your OAuth authorization.
• "Privacy Policy" means our separate privacy statement incorporated by reference.
• "Annex A" means the Mobile App Store Terms that apply only if you obtain the app via Apple or Google.

3. Eligibility

3.1 Age. You must be 18 or older. (If you connect to eBay or publish to eBay through the Service, you must meet eBay's age and eligibility requirements.)

3.2 Capacity and Compliance. You must be able to enter a binding contract and comply with applicable laws and eBay policies.

3.3 Prohibited Users. You may not use Vendit if you are (a) suspended or banned by Vendit or eBay; (b) on a U.S. or other applicable sanctions list; (c) located in a comprehensively sanctioned country; (d) a bot or automated system accessing the Service without written permission; (e) attempting to mask identity or location; (f) previously found to have violated IP or counterfeiting laws; (g) engaged in payment fraud or chargeback abuse; or (h) otherwise unable to lawfully contract. Vendit applies commercially reasonable efforts to enforce these rules.

3.4 Identity Checks. Vendit may request identity information if fraud or risk is suspected.

3.5 Use Scope. Personal and business use are allowed. If it violates eBay rules, it violates these Terms.

3.6 Export Controls & Sanctions. You represent you are not located in, and will not use the Service from, a jurisdiction subject to comprehensive U.S. embargo, and you are not on any U.S. government restricted party list. You will not use or export/re-export the Service or related technology in violation of U.S. export laws.

4. Retail Connection

4.1 OAuth and Revocation. You connect to Vendit using eBay's OAuth and may revoke our access at any time through eBay. Vendit does not retain eBay OAuth tokens after your revocation, subject to Section 8 and legal holds.

4.2 Data Freshness. Vendit fetches eBay data on demand. Displayed data may be delayed or stale between refreshes. Refresh to see accurate results.

4.3 Charts and Pricing. Vendit may generate its own charts or visualizations. Vendit does not use eBay Content to generate a specific numerical pricing suggestion or price range for any given product. You choose your prices and listing terms.

4.4 Artificial Intelligence and Restricted Use. Vendit will not train Vendit or third-party models on eBay Content or inputted content from the user. Third-party processors are narrowly scoped, used under data-processing agreements (DPAs), and are prohibited from training on your data.

4.5 No Bulk Export or Resale. No scraping, bulk export, resale, or commercialization of eBay Content or market data. Any caching of eBay Content is feature-limited and temporary to provide the best user experience.

4.6 Rate Limits and Dependencies. Vendit may throttle, queue, or limit features to comply with eBay/API rate limits or third-party dependencies. If an upstream provider changes or withdraws access, affected features may degrade or cease. Vendit has no obligation to provide replacements or workarounds.

4.7 Third-Party Beneficiary. eBay is an intended third-party beneficiary of Section 4 and may enforce it. No other third-party beneficiary rights are created.

5. AI Features

5.1 Features. Vendit may provide category suggestions, title generation, OCR, image recognition, and similar AI-assisted features to help you draft listings or do cleanup.

5.2 Your Control. You can edit all AI Outputs before posting or using them.

5.3 No Biometrics. Vendit does not perform face analytics or derive biometric identifiers.

5.4 AI Disclaimers. AI Outputs may be inaccurate or incomplete and may require human review. You are responsible for your listings, prices, disclosures, and compliance.

6. Listings and User Content

6.1 Ownership and License. You must own or have rights to your photos, descriptions, and other content. You retain ownership. You grant Vendit a limited, non-exclusive, worldwide, royalty-free license to host, process, transform, transmit, and display User Content solely to operate, secure, support, and improve the Service. Vendit will not use your content for marketing without your separate consent.

6.2 Prohibited Items and Policies. You must follow eBay's prohibited/restricted items policies and applicable laws.

6.3 Representations and Warranties. Your items, photos, and descriptions are accurate; you have the right to list/sell; your content does not infringe third-party rights; and you will comply with eBay rules and all applicable laws.

6.4 Counterfeits and Enforcement. Vendit may suspend or remove content and/or notify relevant platforms, rights holders, and eBay upon credible reports of counterfeit or unlawful items.

6.5 Indemnity (Listings). You will defend, indemnify, and hold harmless Vendit from claims arising from your listings, content, eBay policy breaches, fraud, violations of law, or misuse of data.

6.6 Taxes, Shipping, and Returns. Taxes, shipping, and returns are the user's responsibility under the arrangements and eBay policies. Vendit provides only the tooling to enhance the seller experience.

6.7 Retention of User Content. While your account is active, we host your User Content (including photos and extracted metadata) so features function as expected. Upon account closure or termination, we delete User Content from active systems within 30 days, subject to: (i) standard backup roll-off; (ii) legal holds; and (iii) minimal operational records (e.g., billing, security logs) retained for legitimate business purposes and then deleted per our schedules.

6.8 Listing Retention. To the full abilities of Vendit, any scanned items designated and pushed as a draft or listing on the adjoining eBay account(s) will remain. No action will be taken to foreclose progress if the user closes their account or ceases a service plan, unless it violates another section of the Terms.

7. Transactions

7.1 No Marketplace Funds. eBay handles buyer-to-seller funds. Vendit does not receive, hold, or transmit marketplace funds.

7.2 Plans & Pricing. Plans and pricing are shown in the app or on our site and may change prospectively.

7.3 Trial, Auto-Renewal, and Billing Cycle. If offered, trials convert to paid plans unless canceled before the trial ends. Plans auto-renew until canceled. Renewal terms, cadence, and price are disclosed at checkout and in your receipt.

7.4 Cancellation. You can cancel anytime from the app or web dashboard. Cancellation stops future charges; access continues through the current period.

7.5 Refunds. Except where required by law or expressly stated, fees are non-refundable once a period starts.

7.6 Upgrades/Downgrades. Upgrades take effect immediately; downgrades apply at the next renewal.

7.7 Taxes. Prices exclude taxes unless stated. You are responsible for applicable taxes.

7.8 Nonpayment; Chargebacks. Vendit may suspend or downgrade the Service for failed or late payments or suspected chargeback abuse.

7.9 Stripe Agreement. Web checkout is provided by Stripe; your payments are subject to Stripe's terms and policies.

7.10 Free/Promotional Use. Vendit may offer free or promotional access at its discretion and may modify or end such access.

8. Privacy Data

8.1 What We Collect and Share. We collect account information such as email and name, device/app telemetry, logs and diagnostic events, photos you upload, extracted metadata, and identifiers required for integrations. We do not sell personal data. We share personal data only with: (i) critical service providers/processors that help us operate, secure, or support the Service; (ii) platforms you connect as needed to provide features you request; (iii) legal/safety recipients when required by law or to protect rights, safety, or the Service; and (iv) other disclosures with your consent. Processors are bound by written contracts (DPAs) and may not use your data for their own model training or marketing.

8.2 Use and Deletion; Retention Windows. We use data to operate, secure, and improve the Service. We delete eBay draft payloads within 30 days of creation or within 24 hours after successful publish, whichever is sooner. Any cached eBay Content in the Service UI or logs is limited to 24 hours unless a shorter period is required by eBay policy or law. Backups roll off according to standard cycles and are not restored except for disaster recovery. You may request deletion of your account and personal data as described in the Privacy Policy.

8.3 Sub-processors. We use vetted third-party sub-processors for hosting, storage, image processing/OCR, email, logging, analytics, and payments. Each sub-processor is bound by a DPA and prohibited from training models on your data or using it for independent purposes. We maintain a current list of sub-processors in the Privacy Policy and will provide notice of material changes as described there.

8.4 Cross-Border Transfers. Allowed with lawful safeguards.

8.5 Marketing. We send transactional emails; marketing communications may be opted out of at any time.

8.6 Privacy Policy. See the separate Privacy Policy.

8.7 De-identified/Usage Data. Vendit may generate and use de-identified, aggregated statistics, telemetry, and usage data to operate, secure, and improve the Service and for capacity planning, provided Vendit will not re-identify individuals or sell personal data beyond the limits in these Terms and the Privacy Policy.

9. DMCA Notice Policy

9.1 DMCA Notice & Takedown Policy

Overview. Vendit respects intellectual property rights and will respond to clear notices of alleged infringement consistent with the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA").

Designated Agent. Notices should be sent to our DMCA Agent:

Submitting a DMCA Notice (Copyright Owners). To request removal of material you believe is infringing, send a notice to the DMCA Agent that includes ALL of the following (DMCA §512(c)(3)):

1. A physical or electronic signature of the person authorized to act for the owner.
2. Identification of the copyrighted work claimed to have been infringed (or a representative list).
3. Identification of the material claimed to be infringing, with sufficient detail for us to locate it.
4. Contact information for the complaining party (name, address, telephone, and email).
5. A statement that the complaining party has a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner.

Our Response. Upon receiving a valid notice, we will: (i) remove or disable access to the material; (ii) notify the user who posted it; and (iii) for repeat issues, apply our Repeat-Infringer Policy (below).

Submitting a Counter-Notice (Users). If you believe your material was removed by mistake or misidentification, you may send a counter-notice to the DMCA Agent containing:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled, and the location where it appeared before removal.
3. A statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address, and phone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if outside the U.S., to the jurisdiction of the United States District Court for the Northern District of Ohio, Eastern Division, and that you will accept service of process from the person who provided the original notice or that person's agent.

Put-Back Procedure. If we receive a valid counter-notice, we may restore the material within 14 business days after forwarding the counter-notice to the original complainant, unless the complainant notifies us that they have filed a court action to restrain the user from engaging in infringing activity.

Repeat-Infringer Policy. Vendit will, in appropriate circumstances, terminate accounts of users who are determined to be repeat infringers. We may also remove content and restrict access preemptively when we reasonably believe ongoing infringement is occurring.

Standard Technical Measures. We accommodate and do not interfere with standard technical measures recognized by the industry that copyright owners use to identify or protect copyrighted works, as required by the DMCA.

Misrepresentations. Under 17 U.S.C. §512(f), any person who knowingly misrepresents that material or activity is infringing, or that it was removed by mistake or misidentification, may be liable for damages (including costs and attorneys' fees).

Non-U.S. Users. This policy is for U.S. law compliance. If you operate or target the EU, see our Notice & Action disclosures under the Digital Services Act (if applicable).

Policy Updates. We may update this Section from time to time. The current version will be posted within these Terms.

9.2 Trademark Complaints

Trademark complaints may be submitted to the DMCA Agent email listed above. Vendit may remove allegedly infringing content where appropriate and may request additional information.

10. Acceptable Use

10.1 Prohibited Activities. You will not:

• Violate basic laws or eBay policies.
• Interfere with or disrupt the Service.
• Reverse engineer, decompile, or scrape except as permitted by law.
• Upload malware, spam, or harmful code.
• Infringe or misappropriate IP or rights of others.
• Circumvent security or access controls.
• Resell, rent, or lease the Service without permission.
• Abuse rate limits or attempt to overload systems.
• Use automated means to access the Service without written permission.
• Collect or harvest personal data except as permitted by law and eBay policy.
• Engage in conduct that we reasonably believe violates these Terms, our posted policies or guidelines, applicable law, or poses a security, integrity, or reputational risk to the Service or our users.

10.2 Enforcement. We may remove content, rate-limit features, suspend, or terminate access in our sole discretion where we reasonably believe a violation of these Terms, our policies, or applicable law has occurred, or where continued access presents a security, integrity, or reputational risk. We may notify you of the basis for action where appropriate; however, we are not obligated to provide prior notice in urgent or unlawful circumstances.

11. Service Changes

11.1 Changes and Dependencies. Vendit may modify or suspend features at any time, including due to changes by eBay or other third-party providers.

11.2 Uptime; Maintenance. Vendit targets commercially reasonable uptime. Planned maintenance and urgent security updates may affect availability.

11.3 Support. Support is provided via in-app help or email to support@venditmobile.com. Vendit does not provide guaranteed response times or service credits unless expressly stated.

11.4 Beta/Experimental Features. Beta or experimental features may be offered "as is," may be discontinued, and may have additional terms.

11.5 Beta Launch. The user understands that upon declaration, the current offered application is in "Beta," some features may not be available and the user assumes full responsibility and liability for any features that are omitted from the service process.

12. Limitation of Liability

12.1 AS IS / NO WARRANTIES. THE SERVICE (INCLUDING THE APP, ANY BETA OR EXPERIMENTAL FEATURES, AI FEATURES, CHARTS, AND THIRD-PARTY INTEGRATIONS) IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, VENDIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INTERRUPTION. VENDIT DOES NOT PROMISE TO PRESERVE OR MAINTAIN ANY SPECIFIC DATA, DRAFTS, OR OUTPUTS.

12.2 NO CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VENDIT AND ITS SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS, GOODWILL, OR BUSINESS INTERRUPTION.

12.3 CAP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VENDIT'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO VENDIT IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR $100, WHICHEVER IS LESS.

12.4 SPECIFIC RISKS. YOU ARE RESPONSIBLE FOR BACKING UP YOUR CONTENT. VENDIT IS NOT RESPONSIBLE FOR OUTAGES, DATA LOSS, OR FAILURES CAUSED BY THIRD-PARTY SERVICES, NETWORKS, OR YOUR DEVICES.

12.5 EXCLUSIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; SOME PROVISIONS MAY NOT APPLY TO YOU.

13. Indemnity

13.1 Scope. You will defend, indemnify, and hold harmless Vendit and its affiliates, personnel, and suppliers from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your listings or content; (b) alleged or actual infringement or violation of rights; (c) violations of eBay policies or these Terms; (d) fraud or illegal acts; or (e) misuse of data.

13.2 Process. Vendit will promptly notify you of a claim, and you will control the defense and settlement, provided you may not settle any claim without Vendit's prior written consent if it imposes obligations on Vendit or admits fault. Vendit may participate with its own counsel at its own expense.

13.3 Exclusions. This Section does not require indemnification for claims caused primarily by Vendit's willful misconduct.

14. Dispute Resolution

14.1 Arbitration (Consumer Rules). Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitrator shall have exclusive authority to resolve all disputes covered by this Section. If there is a conflict between this Section and the Consumer Rules, this Section controls to the extent permitted by law. Fees. Vendit will pay or advance all filing, case-management, and arbitrator fees required by the AAA Consumer Arbitration Rules for disputes between you and Vendit, except where the arbitrator determines your claim is frivolous under applicable law.

14.2 No Class Actions or Jury Trials (Where Allowed). To the extent permitted by law, you and Vendit waive any right to a jury trial and to participate in a class, collective, consolidated, or representative proceeding.

14.3 Small-Claims Option. Either party may bring an individual claim in small-claims court in the county or parish of the user's residence (or the equivalent court), so long as the matter remains in that court and proceeds on an individual (non-class) basis.

14.4 30-Day Opt-Out (Easy). You may opt out of arbitration within 30 days after you first accept these Terms by emailing support@venditmobile.com with your account email and "Arbitration Opt-Out" in the subject line. Opting out does not affect prior agreements to arbitrate disputes that arose before your opt-out.

14.5 Governing Law; Venue; Consumer Protections. These Terms are governed by the laws of the state where you reside, without regard to conflict-of-laws rules, and without limiting any non-waivable consumer protections under the laws of your state of residence. For court proceedings permitted by this Section, the parties consent to the state or federal courts in the county or parish of your residence, or, if required, another court of competent jurisdiction. Arbitration Location. Unless you choose otherwise, arbitration hearings will occur in your county/parish of residence or by video.

15. Termination

15.1 Term. These Terms begin when you accept them and continue until terminated as provided here.

15.2 Suspension/Termination. We may suspend or terminate access for violations, risk, or nonpayment. You may stop using the Service at any time.

15.3 Effects. Upon termination, access to the Service ceases immediately. We will delete User Content from active systems within 30 days (subject to backup roll-off and legal holds). We may retain minimal records necessary for fraud prevention, security, or accounting, which we delete on a schedule. We may retain minimal records as required by law or for legitimate business purposes.

16. Changes to Terms

16.1 Updates. We may update these Terms from time to time. For material changes, we will provide advance notice. The notice will state the effective date. Continued use after the effective date constitutes acceptance.

16.2 Prior Versions. We will not make prior versions available.

17. Support

17.1 Accessibility & Support. For accessibility requests or support, contact support@venditmobile.com. We will make reasonable efforts to assist.

17.2 Notices. We may provide notices by email, in-app messages, or posting.

18. Miscellaneous

18.1 Entire Agreement. These Terms and any policies referenced are the entire agreement between you and Vendit regarding the Service.

18.2 Severability. If any part is unenforceable, the rest remains in effect.

18.3 Assignment. You may not assign these Terms without our consent; we may assign in connection with a merger, acquisition, or sale of assets.

18.4 No Waiver. Failure to enforce a provision is not a waiver.

18.5 Force Majeure. We are not liable for delays or failures due to causes beyond our reasonable control.

18.6 Headings. Headings are for convenience only and do not affect interpretation.

18.7 Relationship. The parties are independent contractors.

18.8 Survival. Provisions that by their nature should survive termination will survive.

18.9 Interpretation. "Including" means "including without limitation." References to "laws" include regulations and applicable platform policies.

ANNEX A – Mobile App Store Terms (Apple App Store; Google Play)

A1. Apple App Store

If you downloaded the iOS app from the Apple App Store:

• Parties. These Terms are between you and Vendit only; Apple is not a party.
• Maintenance & Support. Apple has no obligation to furnish maintenance or support. Vendit provides support (support@venditmobile.com).
• Warranties & Refunds. In the event of a failure to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the app.
• Product & Legal Claims. Apple is not responsible for product, legal/regulatory, or IP claims regarding the app.
• IP Rights. In the event of any third-party claim that the app or your possession/use infringes that party's IP rights, Vendit (not Apple) will be responsible for the investigation, defense, settlement, or discharge of such claims to the extent required by law.
• Third-Party Beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of this Annex and may enforce these Terms against you as a third-party beneficiary.
• Usage Rules & Account. You agree to comply with the Apple Media Services Terms and App Store Usage Rules.
• Export & Sanctions. You are not in a country subject to U.S. embargo or on a U.S. sanctions list; you won't export/re-export in violation of law.
• Device/OS Compatibility. Vendit does not warrant compatibility with any specific iPhone/iPad model or iOS version.

A2. Google Play

If you downloaded the Android app from Google Play:

• Parties. These Terms are between you and Vendit Mobile, LLC only; not Google. Google is not responsible for the app or its contents.
• Maintenance & Support. Vendit—not Google—provides maintenance and support. Questions: support@venditmobile.com.
• Warranties & Claims. Google provides no warranties. All issues with the app are governed by the "AS IS" and liability limits in the Terms.
• Product & IP Claims. Google is not responsible for product, legal/regulatory, or IP claims regarding the app.
• Policies & Device Compatibility. You agree to comply with Google Play policies. Vendit does not warrant compatibility with any specific Android device or OS version.
• Third-Party Beneficiary. Google and its affiliates may be third-party beneficiaries to the extent required by Play policies.

A3. Payments and Subscriptions via App Stores

If you purchase through Apple or Google, the store's payment terms, refunds, and billing rules apply to that purchase. Otherwise, Vendit's web checkout/Stripe terms apply.

A4. Contact

Support, legal notices, and refund/billing inquiries: support@venditmobile.com.