Terms of Service

Last updated: January 29, 2025

BY USING FLIPHERO, YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING RISKS:

  • Your Facebook, Amazon, eBay, Walmart, or other platform accounts MAY BE SUSPENDED OR PERMANENTLY BANNED for using automation tools or violating their terms of service
  • WE ARE NOT RESPONSIBLE for any account bans, suspensions, or penalties
  • YOU ARE SOLELY RESPONSIBLE for complying with all third-party platform terms
  • YOU CANNOT SUE US for any losses resulting from account bans or platform penalties
  • This service includes BINDING ARBITRATION - you waive your right to jury trial

1. Agreement to Terms and Binding Arbitration

By accessing or using FlipHero ("Service", "we", "us", "our"), including our Chrome extension and web application, you ("you", "your", "User") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you disagree with any part of these Terms, you may not access or use the Service.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 15) THAT AFFECTS YOUR RIGHTS ABOUT RESOLVING DISPUTES. PLEASE READ IT CAREFULLY.

2. Description of Service

FlipHero is a Chrome browser extension and web application that provides tools to extract product information from e-commerce websites and assists with creating Facebook Marketplace listings. The Service includes:

  • Product data extraction from supported websites (Amazon, eBay, Walmart, Best Buy, Target, AliExpress, Home Depot)
  • Image downloading and management
  • Auto-fill assistance for Facebook Marketplace
  • Usage tracking and limits management
  • Premium features available through paid subscriptions

THE SERVICE IS PROVIDED AS A TOOL ONLY. WE DO NOT GUARANTEE SUCCESS, PROFITS, OR FREEDOM FROM PLATFORM PENALTIES.

3. Third-Party Platform Compliance and Risk Acknowledgment

3.1 YOUR SOLE RESPONSIBILITY

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE for ensuring your use of FlipHero complies with the terms of service, policies, and guidelines of ALL third-party platforms, including but not limited to:

  • Facebook and Facebook Marketplace
  • Amazon
  • eBay
  • Walmart
  • Best Buy
  • Target
  • AliExpress
  • Home Depot
  • Any other website or platform you interact with

3.2 PLATFORM BAN RISK ACKNOWLEDGMENT

YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT THAT:

  • Using automation tools, browser extensions, or data extraction software MAY VIOLATE the terms of service of third-party platforms
  • Your accounts on Facebook, Amazon, eBay, or other platforms MAY BE SUSPENDED, RESTRICTED, OR PERMANENTLY BANNED
  • You may lose access to your seller accounts, buyer accounts, or social media profiles
  • You may lose pending payments, inventory, or business opportunities
  • Platforms may take legal action against you for terms violations
  • WE ARE NOT RESPONSIBLE FOR ANY OF THESE CONSEQUENCES

3.3 NO LIABILITY FOR PLATFORM ACTIONS

FlipHero shall have ABSOLUTELY NO LIABILITY for any actions taken by third-party platforms against you, including but not limited to account suspensions, bans, penalties, legal actions, or loss of business. You agree to bear all risks associated with using our Service.

4. User Accounts and Responsibilities

4.1 Registration and Age Requirement

You must be at least 18 years old to use this Service. By registering, you represent and warrant that you are of legal age and have the legal capacity to enter into these Terms. You agree to provide accurate, current, and complete information during registration.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to immediately notify us of any unauthorized use. We are not liable for any loss or damage from your failure to secure your account.

4.3 One Account Per User

Each account is for individual use only. Creating multiple accounts to circumvent usage limits or sharing accounts is strictly prohibited and will result in immediate termination.

4.4 User Conduct and Legal Compliance

You are solely responsible for your conduct and any content you create, extract, or distribute using our Service. You must comply with all applicable local, state, federal, and international laws and regulations.

5. Subscription Plans and Billing

5.1 Plan Types

  • FREE: 10 listings per month with basic features
  • PREMIUM ($5/month): Unlimited listings, profit calculator, priority support, export history, and all future features

5.2 Billing and Auto-Renewal

Paid subscriptions are billed monthly in advance and automatically renew unless cancelled. Payments are processed through Stripe. By subscribing, you authorize us to charge your payment method for recurring payments.

5.3 No Refunds Policy

ALL SALES ARE FINAL. We do not offer refunds for any reason, including but not limited to account bans on third-party platforms, dissatisfaction with the Service, or failure to use the Service. You may cancel future billing at any time.

5.4 Price Changes

We reserve the right to modify prices at any time. Price changes will apply to subsequent billing cycles with 30 days' notice.

6. Prohibited Uses and Activities

You agree NOT to use the Service to:

  • Violate any laws, regulations, or third-party rights
  • Engage in fraud, deception, or misrepresentation
  • Sell counterfeit, stolen, or illegal items
  • Infringe upon intellectual property rights
  • Harass, abuse, or harm another person
  • Distribute viruses, malware, or harmful code
  • Reverse engineer, decompile, or hack the Service
  • Use automated systems (bots) to access the Service beyond intended functionality
  • Resell or redistribute the Service without written permission
  • Scrape or harvest data from the Service itself
  • Create multiple accounts to bypass limitations
  • Violate the terms of service of any third-party platform
  • Use the Service for any illegal, harmful, or unethical purpose

7. Intellectual Property Rights

7.1 Our Property

The Service and its original content, features, and functionality are owned by FlipHero and protected by international copyright, trademark, and other intellectual property laws. You may not copy, modify, or reverse engineer any part of our Service.

7.2 Your Content

You retain rights to content you create using our Service. However, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your content to provide the Service.

7.3 Third-Party Content

YOU ARE SOLELY RESPONSIBLE for ensuring you have the right to use any content extracted from third-party websites, including product images, descriptions, and data. We are not liable for any copyright or intellectual property violations resulting from your use of extracted content.

8. DISCLAIMERS (PLEASE READ CAREFULLY)

8.1 "AS IS" SERVICE

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

8.2 No Guarantee of Results

WE DO NOT GUARANTEE:

  • That you will make any sales or profits
  • That extracted data will be accurate or complete
  • That the Service will work with all websites or platforms
  • That Facebook or other platforms won't change their systems
  • That your accounts won't be banned or restricted
  • That the Service will always be available

8.3 Third-Party Actions

We have no control over and assume no responsibility for actions taken by third-party platforms, including account suspensions, content removal, or legal actions against you.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • FLIPHERO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • WE ARE NOT LIABLE FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
  • WE ARE NOT LIABLE FOR ACCOUNT BANS, SUSPENSIONS, OR PLATFORM PENALTIES
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS
  • SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU

10. INDEMNIFICATION (YOUR AGREEMENT TO PROTECT US)

You agree to defend, indemnify, and hold harmless FlipHero, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorney's fees) arising from:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights or platform terms
  • Your violation of any applicable laws or regulations
  • Any content you create, extract, or distribute using our Service
  • Any consequences resulting from account bans or platform penalties

This means if someone sues us because of something you did, you agree to pay for our defense and any damages awarded against us.

11. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including:

  • Breach of these Terms
  • Fraudulent, abusive, or illegal activity
  • Non-payment of fees
  • Creating multiple accounts
  • At our sole discretion for any reason

Upon termination, your right to use the Service will cease immediately. We are not obligated to maintain or provide your data after termination.

12. Data and Privacy

Your use of our Service is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of your information as described in the Privacy Policy. We may delete your data at any time after account termination.

13. Modifications to Service and Terms

We reserve the right to modify or discontinue the Service at any time without notice. We may also modify these Terms at any time. Material changes will be notified via email or through the Service. Your continued use after changes constitutes acceptance of the new Terms.

If you do not agree to the modified Terms, you must stop using the Service immediately.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware.

15. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

15.1 Agreement to Arbitrate

You and FlipHero agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court.

15.2 Arbitration Rules

Arbitration shall be initiated through the American Arbitration Association ("AAA") under the Consumer Arbitration Rules. The arbitration will be conducted in Delaware, unless you and we agree otherwise. Each party will be responsible for their own attorneys' fees.

15.3 Class Action Waiver

YOU AND FLIPHERO 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.

15.4 Waiver of Jury Trial

YOU AND FLIPHERO HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

15.5 30-Day Opt-Out Period

You have the right to opt out of this arbitration provision by sending written notice of your decision to opt out to support@fliphero.io within 30 days of first using the Service. Your notice must include your name and address.

16. General Provisions

16.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and FlipHero regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 Assignment

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

16.5 Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control.

17. Contact Information

For questions about these Terms or the Service, please contact us:

For arbitration opt-out notices, please send to the email address above with subject line "ARBITRATION OPT-OUT".

18. Acceptance of Terms

By using FlipHero, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms, please do not use the Service.

This is a legally binding agreement. We recommend that you consult with a qualified attorney if you have any questions about these Terms. Your use of the Service constitutes acceptance of these Terms.