These Terms of Service (the "Terms") are a binding agreement between you and Ecom Websites, the operator of the Sell Products AI service available at sellproducts.ai (the "Service," "we," "us," or "our"). By accessing the Service, taking the quiz, creating a store, or making any purchase, you agree to these Terms, our Privacy Policy, Purchase Agreement, and Refund Policy, which are incorporated into these Terms. If you do not agree, do not use the Service.
โ ๏ธ Please read Section 12 carefully. It requires disputes to be resolved through binding individual arbitration and includes a waiver of class actions and jury trials, with a 30-day right to opt out.
Sell Products AI is a software tool. It helps you select a product from participating suppliers, generates an e-commerce storefront for you, and assists you in launching that storefront on third-party platforms (such as Shopify). We provide software and setup assistance. We are not selling a business opportunity, a franchise, employment, an investment, or any promise of income. What you build with the tool, and what results you get, are yours and depend on you.
We make no promise, representation, or guarantee that you will earn any money using the Service. Any numbers shown in the Service โ including product prices, supplier costs, margins, "profit per sale" figures, or example calculations based on your stated goals โ are mathematical illustrations only, not projections, predictions, or statements of typical results. They do not account for advertising costs, payment processing fees, subscription fees, taxes, refunds, or other business expenses.
Most new online stores make few or no sales. Your results depend on factors within and outside your control, including your effort, skill, marketing, spending, product selection, competition, and market conditions. You should not purchase the Service with the expectation of earning any particular amount, or any amount at all.
You must be at least 18 years old and able to form a binding contract to use the Service. The Service is not directed to children.
The Service integrates with and depends on third parties we do not control, including Shopify (store hosting), Stripe (payments), and independent product suppliers (inventory and shipping). Your use of those services is governed by their own terms and fees โ for example, Shopify charges its own subscription (promotional pricing such as $1/month for an initial period is set by Shopify and may change). We are not responsible for the acts, omissions, pricing, availability, shipping times, or product quality of any third party, including suppliers who fulfill orders from your store.
Affiliate disclosure: we may receive compensation from third parties โ including referral commissions from Shopify โ when you sign up for their services through the Service. This does not change the price you pay.
Once your store is live, you are the merchant of record for your store and solely responsible for operating it lawfully, including: the accuracy of claims made on your store; honoring orders placed by your customers; customer service and refunds to your customers; complying with advertising, consumer-protection, product-safety, and tax laws that apply to you; and any content you add. You agree not to use the Service for anything unlawful, deceptive, or infringing.
We own the Service, including its software, design, and content we generate. Upon purchase, we grant you a limited, non-exclusive, non-transferable license to use the storefront materials the Service generates for you, for operating your store. You retain ownership of content you supply. You grant us a license to use content you supply solely to provide the Service.
You will not: reverse engineer, scrape, or copy the Service; resell it without our written consent; interfere with its operation; misrepresent your identity; or use it to sell prohibited, dangerous, counterfeit, or unlawful products.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY STORE WILL ACHIEVE ANY LEVEL OF SALES OR REVENUE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOST DATA; AND (b) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
You agree to defend, indemnify, and hold us harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from your store, your products, your marketing, your violation of these Terms, or your violation of any law or third-party right.
Informal resolution first. Before filing any claim, you agree to contact us at support@sellproducts.ai and give us 30 days to resolve the issue informally. Most concerns can be fixed this way, including refunds under our 30-day policy.
Binding arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. Judgment on the award may be entered in any court of competent jurisdiction. For claims of $10,000 or less, you may choose whether the arbitration is conducted by documents only, by phone, or by video.
CLASS ACTION WAIVER: YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING. Disputes may be brought only in an individual capacity. If this class action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) shall proceed in court, and the waiver shall remain enforceable for all other claims.
Small claims carve-out: either party may bring an individual claim in small claims court instead of arbitration.
30-day right to opt out: you may opt out of this arbitration agreement and class action waiver by emailing support@sellproducts.ai with the subject "Arbitration Opt-Out," your name, and the email used for your purchase, within 30 days of first accepting these Terms. Opting out will not affect any other part of these Terms or your ability to use the Service.
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 12. Where a claim proceeds in court under these Terms, it must be brought in the state or federal courts located in Delaware, and you consent to their jurisdiction.
We may update these Terms by posting a revised version with a new effective date; material changes will be notified by email or in the Service, and continued use after the effective date constitutes acceptance. We may suspend or terminate access for violation of these Terms. You may stop using the Service at any time; Sections 2 and 7โ13 survive termination.
These Terms (with the incorporated policies) are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
Questions about these Terms: support@sellproducts.ai