Terms of Service

1. Acceptance of Terms

Welcome to DealFlipAI. By accessing or using our website, mobile application, API, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you and DealFlipAI ("we," "us," or "our"). We reserve the right to modify these Terms at any time, and your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

2. Description of Services

DealFlipAI is an AI-powered marketplace intelligence platform that helps users discover undervalued items on Facebook Marketplace and other online marketplaces. Our Services include:

• Automated Marketplace Scanning: We use third-party scraping services (including Apify) to collect publicly available listing data from Facebook Marketplace based on your specified categories and locations.
• AI-Powered Valuations: We utilize artificial intelligence (including OpenAI's GPT-4 and other AI models) to estimate fair market values for items across various categories including vehicles, electronics, furniture, and other consumer goods.
• Deal Scoring & Analysis: Our proprietary algorithms analyze listings and assign deal scores (0-100) based on multiple factors including price vs. market value, condition, seller information, and potential red flags.
• Deception Detection: We employ AI to identify potentially fraudulent listings, scams, misleading descriptions, and other deceptive practices.
• Real-Time Alerts: We provide notifications via email, SMS, Discord, Telegram, and push notifications when deals matching your criteria are found.
• Market Data Integration: We may integrate with third-party services including eBay's API to provide comparative market pricing data.
• API Access: Certain subscription tiers include programmatic access to our deal discovery and valuation services.

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

3.2 Account Security

When you create an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breach

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, suspected fraudulent activity, abuse of our Services, or for any other reason at our sole discretion.

4. Important Disclaimers and Limitations

4.1 Not a Broker, Dealer, or Marketplace

DealFlipAI is an information service only. We do not:

• Facilitate, broker, or participate in any transactions between buyers and sellers
• Provide escrow, payment processing, or financial services
• Verify the accuracy of listings, seller claims, or item conditions
• Guarantee the availability, quality, or legality of any listed items
• Act as an agent for buyers or sellers

You are solely responsible for all aspects of any transaction you choose to pursue, including contacting sellers, negotiating prices, inspecting items, arranging payment, and completing purchases.

4.2 Estimates and Predictions Only

All valuations, deal scores, price predictions, negotiation suggestions, and scam/deception flags provided by our Services are estimates based on algorithms and AI analysis. These estimates:

• May be inaccurate, incomplete, outdated, or inappropriate for your specific situation
• Should not be relied upon as professional appraisals or financial advice
• Do not guarantee actual market value, resale potential, or transaction outcomes
• May vary significantly from actual conditions, prices, or seller intentions

You assume all risk for any decisions or transactions made based on information provided by our Services.

4.3 Third-Party Platform Dependency

Our Services rely on third-party platforms (including Facebook Marketplace, Apify, OpenAI, eBay, and others). We are not affiliated with, endorsed by, or sponsored by these platforms. Changes to third-party platforms, APIs, terms of service, or data availability may affect our Services' functionality, accuracy, or availability without notice.

4.4 No Professional Advice

DealFlipAI does not provide legal, tax, financial, investment, or professional appraisal advice. Any information provided through our Services is for informational purposes only and should not be construed as professional advice. Consult qualified professionals for advice specific to your situation.

5. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Services for any illegal activities, fraud, or deceptive practices
• Attempt to gain unauthorized access to our systems, accounts, or data
• Reverse engineer, decompile, or attempt to extract source code from our Services
• Use automated tools (bots, scrapers) to access our Services beyond authorized API usage
• Circumvent security features, rate limits, or access restrictions
• Use our Services to harass, threaten, defame, or exploit others
• Violate any applicable laws, regulations, or third-party rights
• Interfere with or disrupt the integrity or performance of our Services
• Resell, redistribute, or sublicense access to our Services without authorization

5.1 Compliance with Third-Party Terms

When using information from or interacting with third-party platforms (such as Facebook Marketplace), you are responsible for complying with those platforms' terms of service, community guidelines, and policies. We are not responsible for your violations of third-party terms.

6. Subscriptions and Billing

6.1 Subscription Plans

We offer various subscription tiers (Free, Pro, Business) with different features and usage limits. Current pricing and features are available on our website and may change at any time.

6.2 iOS In-App Subscriptions

If you purchase a subscription through our iOS mobile application:

• Payment is charged to your Apple ID account at confirmation of purchase
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage and cancel subscriptions in your Apple ID account settings
• Deleting the app does not cancel your subscription
• Apple's refund policies and processes apply to iOS purchases

6.3 Website Subscriptions

If you purchase a subscription through our website, billing and renewal terms will be presented at checkout. You authorize us to charge your payment method on a recurring basis until you cancel.

6.4 Price Changes

We reserve the right to change subscription prices at any time. Price changes will apply to new subscriptions and renewals after the effective date. For iOS subscriptions, Apple's subscription price change flow applies.

6.5 Refunds

All fees are non-refundable except where required by law or as explicitly stated in our refund policy. For iOS purchases, Apple's refund policies and processes apply. Contact Apple Support for refund requests on iOS subscriptions.

6.6 Free Trials

We may offer free trials for certain subscription plans. If you do not cancel before the trial ends, you will be automatically charged for the subscription. Trial eligibility may be limited to new users or specific conditions.

7. API Access and Rate Limits

If your subscription includes API access:

• You are responsible for all activity under your API keys and must keep them confidential
• Do not share API keys publicly or embed them in client-side code
• We may impose rate limits, usage quotas, and technical restrictions
• We may suspend or terminate API access for abuse, security risks, or Terms violations
• API availability, features, and endpoints may change without notice
• You must comply with all applicable laws and third-party terms when using our API

8. Intellectual Property Rights

DealFlipAI and its licensors own all rights, title, and interest in and to the Services, including:

• Software, algorithms, and proprietary scoring methodologies
• Trademarks, logos, and brand elements
• Website design, user interface, and visual elements
• Documentation, content, and materials

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes. This license does not include any right to:

• Modify, copy, distribute, or create derivative works from our Services
• Reverse engineer or attempt to extract source code
• Remove or alter any proprietary notices or labels
• Use our trademarks or branding without written permission

9. User Content and Data

You may submit or provide certain information through the Services, including:

• Account information and preferences
• Saved searches, categories, and locations
• Favorites, notes, and custom settings
• Support requests and feedback

By submitting User Content, you grant DealFlipAI a worldwide, non-exclusive, royalty-free license to host, use, reproduce, modify, and process your User Content solely to operate, improve, and provide the Services.

You represent and warrant that you have all necessary rights to provide your User Content and that it does not violate any laws or third-party rights.

10. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as described in the Privacy Policy.

11. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEALFLIPAI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, or completeness of information
• Warranties that the Services will be uninterrupted, secure, or error-free
• Warranties that defects will be corrected or that the Services are free of viruses or harmful components

We do not warrant that:

• Deals will be found or that alerts will be timely or accurate
• Valuations, scores, or predictions will be accurate or reliable
• Scam detection will identify all fraudulent listings
• Third-party platform data will be available or accurate
• The Services will meet your specific requirements or expectations

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEALFLIPAI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, exemplary, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Damages resulting from your use or inability to use the Services
• Damages resulting from any transactions or interactions with third parties
• Damages resulting from unauthorized access to or alteration of your data
• Damages resulting from errors, omissions, or inaccuracies in our Services

IN ALL CASES, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• (A) The amount you paid to DealFlipAI in the 3 months immediately preceding the event giving rise to the claim, OR
• (B) $100 USD

These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless DealFlipAI and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Services
• Your violation of these Terms or applicable laws
• Your User Content or any content you submit
• Your violation of any third-party rights
• Any transactions or interactions you have with third parties through or based on the Services

14. Termination

You may stop using the Services and close your account at any time. We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice, for any reason including:

• Violation of these Terms or our policies
• Suspected fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Legal or regulatory requirements
• Security risks or technical issues

Upon termination:

• Your right to access and use the Services immediately ceases
• We may delete your account and data (subject to our Privacy Policy and legal obligations)
• You remain liable for any outstanding fees or obligations
• Sections of these Terms that by their nature should survive (including disclaimers, limitations of liability, and indemnification) will continue to apply

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms and any disputes arising out of or related to the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

15.2 Informal Resolution

Before filing a claim, you agree to contact us at support@dealflip.ai to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations.

15.3 Jurisdiction and Venue

Any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the personal jurisdiction of such courts.

15.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND DEALFLIPAI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through:

• Email notification to your registered email address
• In-app notification or banner
• Posting the updated Terms on our website with a new "Last Updated" date

Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and DealFlipAI regarding the Services and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17.5 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, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18. Contact Information

If you have any questions, concerns, or complaints about these Terms or our Services, please contact us: