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Payouts Terms of Service

The Terms and Conditions described herein constitute a legal agreement (“Agreement” or “Trendful Payouts Terms”) between you (if your business is a sole proprietorship) or your business (if you are signing on behalf of a corporation or other legal entity) (the “Client”, “you” or “your”) and Trendful Inc., a Delaware corporation with offices located at 16497 Acoustic Loop, Land O Lakes, FL 34638 (“Trendful”, “we”, “us”, or “our”).

By using the payout services offered by Trendful you agree to be bound by this Agreement, which is in addition to the Trendful Terms of Service and the Privacy Policy. Any new features or tools added to Trendful Payouts are also subject to this Agreement. Trendful reserves the right to update and change this Agreement by posting updates and changes. You are advised to check this Agreement from time to time for any updates or changes that may impact you.

1. The Trendful Payouts Service

1.1. Our role. The Trendful Payouts service (“Trendful Payouts” or the “Payouts Service”) is a (i) payment account boarding, (ii) payment underwriting, and (iii) payment data transmission service that helps you integrate with a payment processor (the “Processor”), as described more fully in this Agreement. You hereby appoint us as your agent to deliver information and instructions on your behalf to the Processor.

Under the separate Trendful Terms of Service (the “Trendful Terms”), Trendful Inc. provides you with its Trendful Admin Account, Price Database, Resale App, and other services (collectively, the “Trendful Services”). The Trendful Terms are incorporated herein by reference and by accepting this Agreement you are also accepting them.

Trendful Inc. is not a bank, payment institution, or money service business, but is instead a supplier of the Trendful Services supplied under the Trendful Terms and of the Payouts Service under this Agreement. Trendful does not receive, hold, or transmit your funds or your sellers’ funds. Funds used for payouts are held in a financial account in your own name with the Processor, as described in Section 3.

1.2. The Processor. The Processor is Stripe, Inc., organized under the laws of Delaware, which is a technical services provider and may offer the services as an agent of one or more financial institutions in the United States (each, a “Financial Services Provider”). The processing and settlement of Transactions (“Payout Processing”) is carried out by the Processor and any of the Financial Services Providers. Before you can use the Payouts Service you must separately review and accept each of the following agreements with the Processor (collectively, the “Processor Terms”):

The Processor Terms are the legal agreement between you and the Processor. They are presented to you separately at onboarding and remain available to you at any time through your Trendful Admin Account.

Trendful partners with Stripe Payments Company for money transmission services and account services, with funds held at Fifth Third Bank, N.A., Member FDIC. Trendful is neither a bank nor a money transmitter, and your wallet is not a bank account.

USD balances in financial accounts, unless otherwise indicated, can be eligible for FDIC pass-through insurance if they meet certain requirements. The accounts are eligible only to the extent permitted by the rules and regulations of the FDIC, and if the requirements for pass-through insurance are satisfied. FDIC insurance applies up to 250,000 USD per depositor, per financial institution, for balances held in the same ownership category. Neither Trendful nor the Processor is an FDIC insured institution, and the FDIC’s insurance coverage only protects against the failure of an FDIC insured depository institution.

Trendful is not a party to the Processor Terms and is not liable to you in respect thereof. By accepting this Agreement and the Processor Terms you are agreeing to the creation of an account with the Processor for Payout Processing (the “Processor Account”). We reserve the right to change the Processor, subject to the terms of our agreement with the Processor. In the event of any inconsistency between this Agreement and the Processor Terms, this Agreement shall prevail, except in the event of any inconsistency concerning Payout Processing, the Processor Account, or your wallet, in which case the Processor Terms shall prevail.

1.3. Your role. To utilize the Payouts Service, you must operate a resale business in a country in which Trendful makes the Payouts Service available. Availability differs by payout method: the wallet, ACH payouts, and Venmo payouts are available only to businesses located in the United States, and PayPal payouts are available in the countries PayPal supports for your account. Trendful does not market or offer the wallet outside the United States.

1.4. The Payouts Service. Trendful hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable right to use the Payouts Service (the “License”). The License shall be for the term of this Agreement only. Neither the License nor any other provision hereof shall grant any rights in the Payouts Service or other intellectual property rights except the limited License of use set out above.

You shall not: (i) permit any third party to access the Payouts Service, including, but not limited to, your Trendful Admin Account (the “Trendful Admin”), except as permitted herein, and to carry out Transactions; (ii) create derivative works based on the Payouts Service; (iii) copy, frame, or mirror any part of the content of the Payouts Service, other than copying or framing for your internal business purposes; (iv) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or trade secrets for any of the Payouts Service; or (v) access the Payouts Service in order to build a competitive product or service.

It is your responsibility to obtain your sellers’ (customers’) consent to receive their payouts through the Payouts Service.

1.5. Payout methods. The Payouts Service supports payouts by ACH bank transfer, PayPal, and Venmo, subject to availability for your account, your plan, and your country. ACH and Venmo payouts are available only to businesses located in the United States. ACH payouts are funded from your wallet as described in Section 3. PayPal and Venmo payouts are sent using the PayPal credentials you configure and are funded from your own PayPal account; they do not draw on your wallet. Your use of PayPal and Venmo is additionally subject to PayPal’s applicable terms, and you are responsible for the accuracy of those credentials.

You assume sole and exclusive responsibility for the use of the Payouts Service. You also assume sole and exclusive responsibility for Transactions under the Processor Terms.

1.6. Client service. Trendful will use its commercially reasonable efforts to provide you with client support to help resolve issues related to the Payouts Service. The Processor retains sole and exclusive responsibility for the Payout Processing of Transactions, including the settlement of funds, but Trendful will provide reasonable assistance in liaising between you and the Processor concerning the Payout Processing services. You assume sole and exclusive responsibility for providing customer service or support to your sellers (customers) for any and all issues related to your products and services, including, but not limited to, issues arising from the processing of bank transfers through the Payouts Service.

1.7. Your sellers. You will provide an informational slip or receipt to your sellers (customers) at the conclusion of the Transaction that includes all information required under Payout Network Rules and applicable law.

1.8. Security. We maintain commercially reasonable administrative, technical and physical procedures to protect all the personal information regarding you and your sellers (customers) that is stored in our servers from unauthorized access, accidental loss, or modification. Trendful cannot, however, guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes.

1.9. Audit right. If Trendful believes that a security breach, personal data breach, or other compromise of data may have occurred, Trendful may require you to have a third party auditor that is approved by Trendful conduct a security audit of your systems and facilities and issue a report to be provided to Trendful, and at Trendful’s discretion, to the Processor, its Financial Services Provider, Payout Networks, and law enforcement, at your sole cost and expense.

1.10. Privacy. Your privacy and the protection of your data are very important to us. You acknowledge that you have received, read in full, and agree with the terms of our Privacy Policy, our Data Processing Addendum, and the Processor’s privacy policy. Our Privacy Policy and Data Processing Addendum are hereby incorporated into this Agreement. They contain important information about the collection, use, retention, and disclosure of personal information, and explain how and for what purposes we and the Processor collect, use, retain, disclose, and safeguard the information you provide us. You agree that these policies may be modified at Trendful’s or the Processor’s option, and you will check them on a regular basis.

We will at all times comply with the provisions of applicable data protection law, including the EU General Data Protection Regulation (“GDPR”), where applicable. If we process any of your personal data when performing our obligations under this Agreement, we will do so as a “data controller”, as defined by the GDPR. If we process any Bank Account Data on your behalf, we and you both agree that it is our intention that you shall be the “data controller” and we shall be the “data processor” in relation to that data. We shall process the personal data only in accordance with the terms of this Agreement and any lawful instructions reasonably given by you to us from time to time. Additionally, you acknowledge that the Processor serves as a “data controller” with regard to any personal data that it may process under this Agreement and that we are not responsible for how it processes such data.

We will notify you within a reasonable time frame if we receive a request from a person to have access to, or to erase that person’s personal data, a complaint, or a request relating to your obligations under applicable data protection legislation, or any other communication relating directly to the processing of any personal data in connection with this Agreement. You acknowledge that such requests may be subject to independent legal retention or confidentiality requirements, as permitted by the GDPR.

We will provide you with reasonable co-operation and assistance in relation to any complaint or request made in respect of any personal data processed by us on your behalf, including by providing you with details of the complaint or request, helping you to comply with any data subject access requests within the relevant timescales set out in applicable data protection legislation, and providing you with any personal data we hold in relation to a person making a complaint or request.

You acknowledge that we are relying on you for direction as to the extent to which we are entitled to use and process the personal data in the Bank Account Data that you provide us with. Consequently, we will not be liable for any claim brought by a data subject arising from any action or omission by us, to the extent that such action or omission resulted from your instruction.

You consent to the exchange of your information between the account you have established through the Trendful Services and the Payouts Service established under this Agreement. Trendful will commingle such accounts and refer to them together in this Agreement as the “Trendful Payouts Account”.

Where a data subject is located in the European Economic Area, that data subject’s personal data will be processed by Trendful, Inc. in accordance with our Privacy Policy. As part of providing the Payouts Service, this personal data may be transferred to other regions, including Canada and the United States. Additionally, in order to process, use, record, and disclose your personal information, information related to your business, and Data, we or our agents may transfer such information to and receive it from the Processor, its Financial Services Provider, or their respective agents and, in so doing, we may transmit or possess it outside of your jurisdiction.

Additionally, in order to provide the Payouts Service, we use a variety of third-party sub-processors that fall into several broad categories — for example, we use sub-processors to help us: (i) protect you and Trendful from potentially risky transactions, security threats, or fraud; (ii) perform administrative tasks; (iii) deliver portions of the Payouts Service, including third parties that work with us to process bank transfers or conduct any shipping; (iv) develop and improve our products and the Payouts Service; (v) generate analytics or other information relating to the Payouts Service; and (vi) build our technical infrastructure. By using the Payouts Service, you consent to our use of sub-processors, which is described in more detail in our Privacy Policy.

1.11. Privacy of others. You represent to us that you are in compliance with all applicable privacy laws and that you maintain a publicly accessible privacy policy that accurately discloses how you collect, use, and disclose personal data, including through the Payouts Service. Additionally, you represent to us that you have obtained all necessary rights and consents under applicable law to allow us and the Processor to collect, use, retain, and disclose any Bank Account Data that you provide to us, or authorize us to collect, and to use that data to provide the Payouts Service.

Further, you represent that we will not be in breach of any such laws by collecting, receiving, using, and disclosing such information in connection with the Payouts Service as described in our Privacy Policy. As between the parties to this Agreement, you are solely responsible for disclosing to your sellers (customers) that we will collect and process their Bank Account Data in our supply of the Payouts Service to you, that in so doing we may transmit or possess it outside of your or their jurisdiction, and that it may be subject to disclosure as required by applicable law.

If you receive information about others, including other sellers (customers), through the use of the Payouts Service, you must keep such information confidential and only use it in connection with the Payouts Service or as otherwise permitted by the subject of such information.

You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless you receive the express consent of the subject thereof to do so. You may not disclose Bank Account Data to any third party other than in connection with processing a Transaction requested by your seller (customer).

1.12. Restricted use. You are required to obey all laws, rules, and regulations applicable to your use of the Payouts Service, including those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising. In addition to any other requirements or restrictions set forth in this Agreement, you shall not: (i) submit any Transaction for processing that does not arise from buying pre-owned goods from a seller (customer); (ii) act as a payment intermediary or aggregator or otherwise resell the Payouts Service on behalf of any third party; or (iii) use the Payouts Service or the Payout Processing services in a manner that a Payout Network reasonably believes to be an abuse of the Payout Network or a violation of the Payout Network Rules.

You further agree not to permit any third party to do any of the following: (i) access or attempt to access our systems, programs, or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell, or distribute, in any way, material from us; (iii) permit any third party to use and benefit from the Payouts Service via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Payouts Service, use any tool to enable features or functionalities that are otherwise disabled in the Payouts Service, or decompile, disassemble, or otherwise reverse engineer the Payouts Service, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Payouts Service, prevent access to or use of the Payouts Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Payouts Service except as expressly allowed under this section.

1.13. Suspicion of unauthorized or illegal use. We reserve the right to not provide the Payouts Service in respect of any Transaction you submit that we believe, in our sole discretion, is in violation of this Agreement, any other Trendful or Processor agreement, or exposes you, Trendful, the Processor, or any other third party to actual or potential risk or harm, including, but not limited to, fraud and other criminal acts. You are hereby granting us authorization to share information with law enforcement about you, your Transactions, or your Trendful Payouts Account.

1.14. Payout Network Rules. The Payout Networks have established guidelines, bylaws, rules, and regulations in the form of the Payout Network Rules. You are required to comply with all applicable Payout Network Rules. The Payout Networks may amend the Payout Network Rules at any time and without notice to us or to you. Insofar as the terms of this Agreement or the Processor Terms are inconsistent with the Payout Network Rules, the Payout Network Rules shall prevail. We reserve the right to amend this Agreement at any time, with notice to you, as may be necessary to comply with the Payout Network Rules.

1.15. Disclosures and notices. You agree that Trendful can provide disclosures and notices that we deem appropriate regarding the Payouts Service to you by emailing such disclosures and notices to the email address listed in your Trendful Admin Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within twenty-four hours of the time they are emailed to you, unless we receive notice that the email was not delivered.

1.16. Automatic reminders. We may use automated telephone dialing, text messaging systems, and email to provide messages to you about your Trendful Payouts Account. The telephone messages may be played by a machine automatically when the telephone is answered, whether answered by you or another party. These messages may also be recorded by your answering machine or voicemail. You give us permission to call or send a text message to any telephone number that you have given us and to play pre-recorded messages or send text messages with information about this Agreement or your account. You agree that we will not be liable to you for any such calls or electronic communications even if information is communicated to an unintended recipient. You understand that when you receive such calls or electronic communications you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that we have no liability for such charges. You agree to immediately notify us if you change telephone numbers or are otherwise no longer the subscriber or customary user of a telephone number or email address you have previously provided to us.

2. Getting a Payouts Account

2.1. Registration. The Payouts Service is only made available to persons operating a resale business buying pre-owned goods, in the countries in which Trendful makes the service available and subject to the per-method limits in Section 1.3. You may not use the Payouts Service for non-commercial, personal, family, or household purposes. To use Trendful Payouts for your resale business, you are required to register for a Trendful Payouts Account. When you register, we will collect information such as your name (if you are a sole proprietor), your business or trade name, your address, email, phone number, business identification or registration number, and certain other information that we require. We may also collect personal information, including name, birth date, and government-issued identification number, about your beneficial owners or principals.

You may register as an individual (sole proprietor) or as a corporation or other legal entity. If you register as a corporation or other legal entity, you must be authorized to act on behalf of such entity, have the authority to bind the entity to this Agreement, and you must agree to this Agreement on behalf of such entity. You understand that by registering for a Trendful Payouts Account, you are also registering for a Processor Account under the Processor Terms, and that you are simultaneously providing your information to Trendful for the purpose of opening a Trendful Payouts Account and to the Processor for the purpose of establishing your Processor Account.

2.2. Business description. As part of your registration, you must provide the name under which you do business, which may be the business’s legal name or a “doing business as” name, and a billing descriptor. These fields and your site URL may appear in your sellers’ (customers’) bank statements. To avoid confusion and Transaction disputes it is important that you enter a description that clearly identifies your business. You hereby agree to indemnify us from any costs, liabilities, losses, or expenses from disputes due to your failure to do so.

2.3. Verification and underwriting. To verify your identity, we may require additional information to help verify your identity and assess your business risk, including, but not limited to, business invoices, reseller authorization or distributor information, a driver’s license or other government-issued identification, or a business license, for you or for any of the owners or principals of your business. We may ask you for your financial statements. We may request your permission to do a physical inspection at your place of business and to examine books and records that pertain to your compliance with this Agreement. Your failure to comply with any of these requests within five (5) days may result in suspension or termination of your Trendful Payouts Account and the Processor Account. You authorize us to retrieve additional information about you from third parties and other identification services.

After we have collected and verified all your information, we will review your account and determine if you are eligible to use the Payouts Service. We will notify you once your Trendful Payouts Account has been either approved or deemed ineligible.

By accepting the terms of this Agreement, you are providing us with authorization to retrieve information about you by using third parties, including credit bureaus and other information providers. You acknowledge that such information retrieved may include your name, address history, credit history, and other data about you. We may periodically update this information to determine whether you continue to meet the eligibility requirements.

You agree that Trendful is permitted to contact and share information about you and your application, including whether you are approved or declined, your Trendful Payouts Account, and the Processor Account with the Processor and other third parties in order to perform the Payouts Service. This includes sharing information: (i) about Transactions for regulatory or compliance purposes; (ii) for use in connection with the management and maintenance of the Payouts Service; (iii) to create and update our and their customer records about you; and (iv) to conduct our and their risk management process.

2.4. Designated country. In registering for a Trendful Payouts Account, you are obliged to identify the location from which you are operating the business that will use the Payouts Service. By registering, you are confirming that you are duly established and, if necessary, registered or licensed as a business entity authorized to conduct business in that location. You may only use the Payouts Service from the location you have identified, and only with the payout methods available there under Section 1.3. A wallet may only be opened and used by a business located in the United States.

2.5. Prohibited businesses. The following categories of businesses and business practices are prohibited from using the Payouts Service (“Prohibited Businesses”). Prohibited Business categories may be imposed by law or through the Payout Network Rules, by Trendful, or by the requirements of the Processor’s Financial Services Providers. The types of businesses listed below are representative but not exhaustive. If you are uncertain as to whether your business is a Prohibited Business, or have questions about how these requirements apply to you, please contact Trendful Support. We may add to or update the Prohibited Business list at any time.

Financial and professional services. Investment and credit services: securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; investment services; real estate opportunities; lending instruments. Money and legal services: financial institutions, money transmitters, and money services businesses; check cashing; wire transfers; money orders; currency exchanges or dealers; bill-pay services; crowdfunding; insurance; bail bonds; collections agencies; law firms collecting funds for any purpose other than to pay fees owed to the firm for services provided by the firm. Virtual currency or stored value: virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world; cryptocurrency mining equipment; initial coin offerings; digital wallets; sale of stored value or credits maintained, accepted, and issued by anyone other than the seller.

Intellectual property infringement, regulated or illegal products and services. Adult content and services. Counterfeit or unauthorized goods: counterfeit goods, unauthorized purchasing, and resale of brand name or designer products or services; purchasing and sale of goods or services that are illegally imported or exported. Gambling: lotteries; bidding fee auctions; sports forecasting or odds making for a monetary or material prize; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance. Intellectual property or proprietary rights infringement: resale, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; any product or service that directly infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party; use of Trendful intellectual property without express consent. Regulated or illegal products or services: cannabis dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online pharmacies; prescription-only products; peptides and research chemicals; fake references or ID-providing services; age-restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state or country basis. Sanctions: use of the Payouts Service in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including any person or entity on government sanctions lists.

Products or services that are otherwise prohibited by law or our financial partners. Aggregation: engaging in any form of licensed or unlicensed aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds; payment facilitation. Drug paraphernalia. High-risk businesses, including any business that we believe poses elevated financial risk or legal liability, or that violates network or bank policies, and any business or organization that engages in, encourages, promotes, or celebrates unlawful violence or physical harm to persons or property, or unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic. Multi-level marketing: pyramid schemes; network marketing and referral marketing programs. Pseudo-pharmaceuticals. Social media activity: sale of followers, likes, views, and other forms of social media activity. Substances designed to mimic illegal drugs. Use of Trendful Payouts in a manner inconsistent with its intended use or as expressly prohibited in the Processor Terms, including use to process where there is no bona fide good or service bought. Video game or virtual world credits.

Unfair, predatory, or deceptive practices. Get rich quick schemes. Mug shot publication or pay-to-remove sites. No-value-added services: sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers.

3. Your Wallet

3.1. What the wallet is. ACH payouts are funded from your Trendful wallet. The wallet is a financial account held in your own connected account with the Processor, with funds held at Fifth Third Bank, N.A., Member FDIC. It is not a bank account, deposit account, checking account, or savings account, and Trendful is neither a bank nor a money transmitter. The funds in it are yours. Trendful does not take ownership of them, does not hold them, and acts only to transmit your payout instructions to the Processor. Your use of the wallet is subject to the Processor Terms in addition to this Agreement.

3.2. Funding the wallet. You are responsible for maintaining a sufficient wallet balance. You may fund the wallet by ACH debit from the bank account linked to it, or by transferring funds to it by other means the Processor supports.

3.3. Insufficient balance. A payout is only sent when your available balance covers both the payout amount and the applicable Payout Transaction Fee. Where your balance is insufficient, the payout is still created and held, and is sent automatically once your wallet is funded.

3.4. Expiry. A payout that remains unsent for more than 30 days will be marked expired. An expired payout is not sent. You may create a new payout for the same items.

3.5. No interest, no negative balance. You agree that: (i) you are not entitled to any interest or other compensation associated with the funds held in the wallet; (ii) you may not assign any interest in those funds or that account; and (iii) you may not carry a negative wallet balance. You must promptly bring any negative balance to zero, and we may suspend payouts while your balance is negative.

3.6. Withdrawing from your wallet. The wallet is intended to fund payouts to your sellers (customers), not as a place to hold funds generally. You may request the return of some or all of your available wallet balance at any time by contacting Trendful Support, and Trendful will transfer it by ACH to the verified bank account linked to your wallet. Trendful may also return a balance without a request.

A withdrawal is limited to the balance available after payouts you have already sent have settled or been returned, after any amounts you owe under this Agreement or the Trendful Terms have been deducted in accordance with Sections 4.7 and 4.8, and after any reasonable reserve Trendful holds to cover payouts that may still be returned. Payouts you have created but not yet sent are not deducted from a withdrawal; they will be cancelled or will remain unsent if the remaining balance no longer covers them.

Trendful does not guarantee a timeframe for a withdrawal and may delay or decline one where required by the Processor, by a Financial Services Provider, or by applicable law, or where Trendful reasonably suspects fraud. Section 6.3 governs the return of your balance on termination.

3.7. Conditions imposed by the Processor. Trendful serves only as an intermediary between you and the Processor in respect of the wallet. Where the Processor or its partner bank requires a condition to be applied to your wallet, Trendful is required to apply it and has no discretion to do otherwise. Without limiting the foregoing, a wallet that has been inactive for three (3) months may be closed. Where that happens, Trendful will return any remaining balance to you in accordance with Section 6.3.

4. Payouts, Fees, and Deductions

4.1. How payouts are created. You initiate payouts from your Trendful Admin Account. Where you pay several items to the same seller (customer) at once, those items are combined into a single payout to that seller, and the seller receives a single notification covering all of them.

4.2. Payout Transaction Fees. You agree to pay the fees for processing that are set out in your Trendful Admin Account, which are incorporated herein by reference (the “Payout Transaction Fees”). Fees vary by plan and payout method. The rate and any cap that applies to your account are shown in the Trendful Admin Account before you confirm a payout, and, except in the case of manifest error, that displayed amount is the amount charged. Where a displayed fee is manifestly erroneous, the fee actually charged will not exceed the correct fee for your plan and payout method.

Where a cap applies, it applies once per payout. Where a single payout covers several items for the same seller, the fee is calculated on the combined amount of that payout, not on each item separately.

Fees for the Trendful Services are collected by Trendful pursuant to the Trendful Terms (the “Trendful Services Fees”). Payout Transaction Fees and Trendful Services Fees are referred to herein collectively as the “Fees”.

4.3. When fees are charged. The Payout Transaction Fee is calculated on the payout amount after any Payout Deductions and is charged at the time the payout is sent. No fee is charged for a payout that has been created but not yet sent, and cancelling a payout before it is sent incurs no fee.

4.4. Payout Deductions. You may configure Trendful to deduct certain costs from a seller’s payout, including the cost of a shipping label, shipping insurance, and authentication (each a “Payout Deduction”). Which deductions apply is your configuration choice, and you are responsible for disclosing them to your sellers (customers). You represent and warrant that each deduction you configure is authorised under your agreement with the affected seller and permitted by applicable law.

Shipping label and shipping insurance costs are deducted once per shipment, however the items in that shipment are paid. Where several items shipped in one package are paid across separate payouts, the shipping cost is deducted only from the first such payout. Where one payout covers items that shipped in separate packages, the cost of each package is deducted.

Shipping label and insurance costs are deducted only once the package is in transit or has been delivered. Until then the label may still be voided and its cost refunded, and no deduction is taken.

Total deductions may not exceed the payout amount. A payout whose deductions equal or exceed the amount will not be created.

4.5. Changes to Fees. We reserve the right to change the Fees at any time, subject to a thirty (30) day notice period to you in accordance with Section 1.15. If you continue to use the Payouts Service for such thirty (30) days, then you are deemed to have accepted the change in Fees contemplated by such notice.

4.6. Penalties and fines. In addition to the Fees, you are also responsible for any penalties and fines imposed on you or on us by any bank, money service business, payout network, financial institution, or other financial intermediary resulting from your use of the Payouts Service in a manner not permitted by this Agreement or by such financial intermediary’s rules and regulations.

4.7. Security interest. As security for performance of your obligations under this Agreement, you grant us a first priority lien and security interest on all funds processed and deposited, as defined in the Processor Terms, and any other bank accounts associated with your Trendful Payouts Account, and in any funds processed using the Payout Processing services. These security interests and liens will secure payment and performance of all of your obligations under this Agreement and any other agreements now existing or later entered into between us and you, including, without limitation, your obligation to pay any amounts due and owing to us. You will execute, deliver and pay the fees for any documents we request to create, perfect, maintain, and enforce this security interest.

4.8. Our collection rights. To the extent permitted by law, we may collect any obligations you owe to us under this Agreement by deducting the corresponding amounts from your wallet. Fees will be assessed at the time a payout is sent. If your wallet balance is not sufficient to meet your obligations to us, we may charge the bank account associated with your Trendful Payouts Account. Your failure to fully pay amounts that you owe us on demand will be a breach of this Agreement. You will be liable for our costs associated with collection in addition to the amount owed, including, without limitation, attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest.

Additionally, we may require a personal guarantee from a principal of a business for funds owed under this Agreement. If we require a personal guarantee we will specifically inform you in advance.

In addition to any amount due, delinquent accounts may be charged with fees that are incidental to the collection of delinquent accounts, including, but not limited to, collection fees and convenience fees, and other third-party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Trendful by you. Such communication may be made by Trendful or by anyone on its behalf, including, but not limited to, a third-party collection agent.

5. Returned, Failed, and Cancelled Payouts

5.1. Accuracy of payout details. You are responsible for the accuracy of the payout details your sellers (customers) provide. Trendful is not liable for a payout sent to details that a seller supplied incorrectly.

5.2. Returned and failed payouts. A payout may fail or be returned after it has been sent, including where the recipient’s account has been closed, is invalid, or cannot accept the transfer. Where the funds are returned, they are credited back to the account the payout was drawn from: your wallet for ACH payouts, or your PayPal account for PayPal and Venmo payouts. Trendful does not guarantee that a sent payout can be recalled or recovered, including where it was sent to details that were incorrect but accepted by the receiving institution.

5.3. Refund of the fee on a returned ACH payout. Where an ACH payout is returned or fails after being sent, Trendful refunds the Payout Transaction Fee charged on that payout to your wallet. This applies notwithstanding any provision of the Trendful Terms of Service stating that Trendful does not provide refunds.

5.4. PayPal and Venmo. For PayPal and Venmo payouts, the Payout Transaction Fee is collected as part of the same payout batch. Where such a payout is cancelled before the fee has settled, Trendful will make reasonable efforts to cancel the fee. Once the fee has settled it is not automatically refunded; you may contact Trendful Support, and Trendful may refund the fee in its sole discretion. Except as provided in Section 5.3 and this Section 5.4, Payout Transaction Fees are non-refundable.

5.5. A returned or failed payout is final. It is not retried automatically. You may create a new payout for the same items once the seller’s details are corrected, and that new payout is subject to a new Payout Transaction Fee.

5.6. Invalid payout details. Trendful may mark a seller’s payout details invalid following a returned payout, and may decline further payouts to those details until they are updated.

6. Termination

6.1. Term. This Agreement is effective upon the date you agree to it, by electronically indicating acceptance, and continues so long as you use the Payouts Service or until terminated by you or by Trendful.

6.2. Termination. You may terminate this Agreement by closing your Trendful Payouts Account at any time by contacting Trendful Support. We may terminate this Agreement and close your Trendful Payouts Account at any time, for any reason, upon notice to you in accordance with Section 1.15. We may suspend your Trendful Payouts Account and access to the Payouts Service, or terminate this Agreement, at any time, including if: (i) we determine that you may be ineligible for the Payouts Service because of the risk associated with your Trendful Payouts Account, including, without limitation, significant credit or fraud risk; (ii) you do not comply with any of the provisions of this Agreement or the Processor Terms; or (iii) upon request of the Payout Network or the Processor. Termination of the Processor Terms may, at the discretion of Trendful, result in a termination of this Agreement. Termination of this Agreement shall entitle Trendful to cause the Processor to terminate the Processor Terms.

If the Processor terminates the Processor Terms or indicates its intention to do so, or if you elect to cease processing with such Processor, we have the right, but not the obligation, to offer you a substitute payout processor that is integrated with your Trendful Admin Account. Upon acceptance of the terms of service of such substitute payout processor, they shall be deemed to have replaced the Processor contemplated herein, provided that your liabilities to the Processor herein shall not be diminished on account of accepting the terms of the substitute payout processor.

6.3. Effects of termination. Upon termination and closing of your Trendful Payouts Account, we will discontinue your access to the Payouts Service. Payouts you have created but which have not been sent are cancelled, and no Payout Transaction Fee is charged for a payout that is never sent. A payout that has already been sent is not recalled by termination or suspension; it will settle, fail, or be returned in the ordinary course, and Section 5 continues to apply to it.

Your wallet balance remains your money. Trendful does not take ownership of it on termination or suspension. Your remaining wallet balance is returned to you on request: contact Trendful Support and, once payouts that were already sent have settled or been returned, the balance will be transferred by ACH to the verified bank account linked to your wallet. Trendful may also return the balance without a request. Trendful may first deduct amounts you owe under this Agreement or the Trendful Terms, and may hold a reasonable reserve for a period sufficient to cover payouts that may still be returned.

You will not be refunded the remainder of any Fees that you have paid for the Payouts Service if your access to or use of the Payouts Service is terminated or suspended. Termination does not relieve you of your obligations as defined in this Agreement, and the Processor may elect to continue to hold any funds deemed necessary, pending resolution of any other terms or obligations defined in this Agreement. Termination of this Agreement will not necessarily terminate the Trendful Terms, unless Trendful determines otherwise.

You remain responsible for amounts owed to your sellers (customers), whether or not a payout was created, sent, or expired, including any obligations under applicable unclaimed-property or escheatment laws.

Upon termination you agree: (i) to immediately cease your use of the Payouts Service; (ii) to discontinue use of any Trendful or Processor trademarks and to immediately remove any Trendful or Processor references and logos from your website and/or physical location, if applicable; (iii) that the license granted under this Agreement shall end; (iv) that we reserve the right, but have no obligation, to delete all of your information and account data stored on our servers; (v) that we will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Payouts Service, or any termination or suspension of the Payouts Service, or deletion of your information or account data; and (vi) that you will still be liable to us for any fees or fines, or other financial obligation incurred by you or through your use of the Payouts Service prior to termination.

7. General Legal Terms

7.1. Ownership. The Payouts Service is licensed and not sold. We reserve all rights not expressly granted to you in this Agreement. The Payouts Service is protected by copyright, trade secret, and other intellectual property laws. We own the title, copyright, and other worldwide Intellectual Property Rights in the Payouts Service and all copies of the Payouts Service. This Agreement does not grant you any rights to our trademarks or service marks.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

You may choose to, or we may invite you to, submit comments or ideas about the Payouts Service (“Ideas”). By submitting any Idea you agree that your disclosure is gratuitous, unsolicited, and without restriction, will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

7.2. Your liability and indemnification. Nothing in this Agreement shall serve to diminish your liability under the Processor Terms or Trendful Terms. You are obliged to fulfill your obligations under this Agreement and those under the Processor Terms and Trendful Terms.

Trendful has agreed to indemnify and hold the Processor harmless for some, and in some cases all, of your liabilities occurring under the Processor Terms, including, but not limited to, disputes, refunds, reversals, and fines. Insofar as Trendful becomes liable to the Processor or any other third party for any penalties, fines, fees, or other liabilities under or in respect of the Processor Terms, the Payouts Service, the Payout Processing services, or the Payout Network Rules, you agree to indemnify and hold Trendful harmless from and against any and all such liabilities.

You agree to indemnify and defend Trendful, our affiliates, and their respective employees, agents, and service providers (each, a “Trendful Entity”) against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a “Claim”) brought by a third party against a Trendful Entity, and you agree to fully reimburse the Trendful Entities for any Claims that result from: (i) your breach of any provision of this Agreement; (ii) any fees, fines, penalties, disputes, or reversals, or any other liability we incur that results from your use of the Payouts Service; (iii) negligent or willful misconduct of your owners, employees, contractors, or agents; (iv) contractual or other relationships between you and your sellers (customers), including any payout, non-payment, delayed payment, expired payout, or Payout Deduction; or (v) third party indemnity obligations we incur as a direct result of your acts or omissions, including, but not limited to, indemnification of the Processor or any Payout Network.

If you are liable for any amounts owed to us, we may immediately deduct the amounts owed to us from your wallet or the bank account on file with us.

7.3. Your representations, warranties, and covenants. You represent and warrant to us that: (i) if you are a sole proprietor, you are at least eighteen (18) years of age or, if you are a corporation or other entity, that the person entering into this Agreement on your behalf is at least eighteen (18) years of age, is authorized to act on your behalf, and has the authority to bind you to this Agreement; (ii) you are eligible to register and use the Payouts Service and have the right, power, and ability to enter into and perform under this Agreement; (iii) the name identified by you when you registered is your name or business name under which you buy and sell pre-owned goods and the information that you have provided to us is accurate and complete; (iv) you are not a member of an organized crime group, a party who has been a member of an organized crime group in the past five years, a quasi-member of an organized crime group, a corporate racketeer, or other similar party, nor are any of your officers or employees a member of the foregoing; (v) neither you nor, to your knowledge, any seller (customer) you pay is subject to sanctions administered by the U.S. Office of Foreign Assets Control or located in a comprehensively sanctioned jurisdiction; and (vi) you will not carry out, nor use a third party to carry out, any of the following unlawful acts: (a) the act of making violent demands; (b) the act of making unreasonable demands exceeding legal responsibilities; (c) the act of using threatening behavior or violence in relation to a transaction; (d) the act of spreading rumors, using fraudulent means, or using force to harm the other party’s reputation or obstruct the party’s business; or (e) the act of buying and reselling products for the purpose of money laundering.

You hereby covenant to us that: (i) any payout submitted by you will represent a bona fide purchase of pre-owned product(s) by you; (ii) any payout submitted by you will accurately describe the pre-owned goods bought and delivered to you; (iii) you will fulfill all of your obligations to each seller (customer) for which you submit a payout and will resolve any disputes or complaints directly with your sellers (customers); (iv) you and all payouts initiated by you will comply with all applicable laws, rules and regulations applicable to your business; (v) except in the ordinary course of business, no payout submitted by you through the Payouts Service will represent a payout sent to any principal, partner, proprietor, or owner of your entity; (vi) you will not use the Payouts Service, directly or indirectly, for any fraudulent undertaking or in a manner so as to interfere with the use of the Payouts Service; and (vii) any information you provide to us will be accurate and complete.

You are responsible for any tax reporting arising from payouts you make to your sellers (customers), including the issuance of any information returns required in your jurisdiction.

7.4. No warranties. THE PAYOUTS SERVICE AND ALL ACCOMPANYING DOCUMENTATION ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE PAYOUTS SERVICE IS AT YOUR OWN RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE PAYOUTS SERVICE OR FROM: (I) TRENDFUL; (II) THE PROCESSOR, SUPPLIERS OR LICENSORS OF TRENDFUL OR THE PROCESSOR; OR (III) ANY OF THE RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES OF ANY OF THE ENTITIES LISTED ABOVE (COLLECTIVELY, THE “DISCLAIMING ENTITIES”), WILL CREATE ANY WARRANTY. YOU SPECIFICALLY ACKNOWLEDGE THAT WE DO NOT HAVE ANY CONTROL OVER THE PRE-OWNED PRODUCTS THAT ARE PAID FOR WITH THE PAYOUTS SERVICE.

WITHOUT LIMITING THE FOREGOING, THE DISCLAIMING ENTITIES DO NOT WARRANT THAT: (I) THE INFORMATION THEY PROVIDE OR THAT IS PROVIDED THROUGH THE PAYOUTS SERVICE IS ACCURATE, RELIABLE, OR CORRECT; (II) THE PAYOUTS SERVICE WILL MEET YOUR REQUIREMENTS; (III) THE PAYOUTS SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (IV) THE PAYOUTS SERVICE WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; (V) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (VI) THE PAYOUTS SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DISCLAIMING ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT HOW LONG WILL BE NEEDED TO COMPLETE THE PROCESSING OF A PAYOUT.

7.5. Limitation of liability and damages. IN NO EVENT SHALL A DISCLAIMING ENTITY BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THIS AGREEMENT OR THE PAYOUTS SERVICE, INCLUDING, WITHOUT LIMITATION, THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE PAYOUTS SERVICE. UNDER NO CIRCUMSTANCES WILL ANY OF THE DISCLAIMING ENTITIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PAYOUTS SERVICE OR YOUR TRENDFUL PAYOUTS ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

WITHOUT LIMITING THE FOREGOING, THE DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES, AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO TRENDFUL DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. NOTHING IN THIS SECTION LIMITS OR EXCLUDES TRENDFUL’S OBLIGATION TO REFUND PAYOUT TRANSACTION FEES UNDER SECTION 5.3, OR TO RETURN YOUR WALLET BALANCE UNDER SECTION 6.3.

THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. THE LIMITATIONS APPLY EVEN IF TRENDFUL OR THE PROCESSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Payouts Service is controlled and operated from facilities in the United States. We make no representations that the Payouts Service is appropriate or available for use in other locations. Those who access or use the Payouts Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States, Canadian, foreign and local laws and regulations. You may not use the Payouts Service if you are a resident of a sanctioned country embargoed by the United States, Canada, or the European Union, or are a foreign person or entity blocked or denied by the governments of the United States, Canada or the European Union.

7.6. Disputes, choice of law, jurisdiction, and venue. You agree that any disputes arising out of or relating to this Agreement or the Payouts Service shall be resolved in accordance with this Section 7.6.

This Agreement is governed by the laws of the State of Florida, except for any security interest created pursuant to Section 4.7, which will be governed by and construed in accordance with the laws of the applicable country, state, province, territory, or other jurisdiction in which such security interest is registered, and in each case without regard to its choice of law provisions to the contrary. The exclusive venue for any actions or claims arising under or related to this Agreement shall be a court of competent jurisdiction in the State of Florida.

Each party, as a condition of its right to enforce or defend any right in connection with this Agreement, waives any right to a trial by jury in any action to enforce or defend any right under this Agreement, and agrees that any action shall be tried before a court and not before a jury.

Trendful may, or may direct the Processor to, respond to and comply with any subpoena, warrant, or other legal order (“Legal Process”) that we believe to be valid. The Processor or any applicable Financial Services Provider may deliver or hold any funds or any Data as required under such Legal Process, even if you are receiving funds or Data on behalf of other parties. Where permitted by law, we will make reasonable efforts to provide you notice of such Legal Process by sending a copy to the email address we have on file for you. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our response or compliance with a Legal Process.

7.7. Dispute resolution. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree to submit the dispute to a mediator selected by the parties or, if the parties are unable to agree on a mediator, to submit the dispute to mediation under the rules of the American Arbitration Association (AAA). The mediation rules of the AAA shall govern any dispute between the parties to this Agreement submitted to mediation. If the dispute is not resolved through mediation within sixty (60) days of the initiation of the dispute resolution process, either party may pursue any right or remedy it may have in law or in equity.

7.8. Right to amend. We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Payouts Service with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice in your Trendful Admin Account or on any website maintained or owned by us for the purposes of providing services in terms of this Agreement. Material changes will be notified through your Trendful Admin Account or by email. Any use of the Payouts Service after our publication of any such changes shall constitute your acceptance of this Agreement as modified.

7.9. Change of business. You agree to give us at least thirty (30) days prior notification of your intent to change your current product types or your business or trade name. You agree to provide us with prompt notification within three (3) days if you are the subject of any voluntary or involuntary bankruptcy or insolvency application, petition or proceeding, receivership, or similar action or proceeding initiated by or against you or any of your principals (a “Bankruptcy Proceeding”). You also agree to promptly notify us within three (3) days of any adverse change in your financial condition, any planned or anticipated liquidation or substantial change in the basic nature of your business, any transfer or sale of twenty-five percent (25%) or more of your total assets, or any change in the control or ownership of you or your parent entity. You will also notify us within three (3) days of any judgment, writ, warrant of attachment or execution, or levy against twenty-five percent (25%) or more of your total assets.

You will include us on the list and matrix of creditors as filed with any bankruptcy, commercial or civil court in connection with any Bankruptcy Proceeding, whether or not a claim may exist at the time of filing. Failure to do so will be cause for immediate termination of this Agreement and shall allow the pursuit of any other action available to us under the applicable Payout Network Rules or law.

7.10. Force majeure. No party will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, non-performance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations under Sections 4.2 or 7.2, including, without limitation, for reversals, claims, fines, fees, or refunds.

7.11. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without consent or other restriction.

7.12. Parties. This Agreement binds you and your respective heirs, representatives, and permitted and approved successors, including those by merger and acquisition, or any permitted assigns.

7.13. Waiver of breach. No waiver of breach or failure to exercise any option, right, or privilege under the terms of this Agreement on any occasion shall be construed to be a waiver of the same or any other option, right, or privilege on any other occasion.

7.14. Severability. If any of the provisions of this Agreement shall be invalid or unenforceable under the laws of the jurisdiction where enforcement is sought, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Agreement, but rather a valid and enforceable provision as similar as possible in application to the invalid or unenforceable provision shall be deemed substituted in lieu thereof, and the rights and obligations of Trendful and you shall be construed and enforced accordingly.

7.15. Entire agreement and remedies. These terms and conditions, and all policies and procedures that are incorporated herein by reference, constitute the entire agreement between you and Trendful with respect to the provision of the Payouts Service. Except as otherwise set out herein, in the event of a conflict between this Agreement and any other Trendful or Processor agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. Except as expressly provided in this Agreement, these terms describe the entire liability of Trendful and our vendors and suppliers and set forth your exclusive remedies with respect to the Payouts Service.

This Agreement has been reviewed by you with the benefit of independent legal counsel to the extent you consider necessary, and any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply. The rights conferred upon us in this Agreement are not intended to be exclusive of each other or of any other rights and remedies we may have at law or in equity; rather, each right is cumulative and concurrent, and in addition to every other right. This Agreement may be available in languages other than English. To the extent of any inconsistency or conflict between this English Agreement and a version available in another language, the most current English version will prevail.

7.16. Survival. In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections survive and remain in effect in accordance with their terms upon the termination of this Agreement: Sections 1.5, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, 1.15, and 1.16; Section 3.5; and Sections 4, 5, 6, and 7 in their entirety.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN TRENDFUL AND YOU WITH RESPECT TO THE PAYOUTS SERVICE AND THAT IT SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS, NEGOTIATIONS, DISCUSSIONS, AND PROPOSALS, ORAL OR WRITTEN, RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Questions about these Payouts Terms should be sent to Trendful Support.

Trendful Inc.
16497 Acoustic Loop
Land O Lakes, FL 34638
United States

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