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Terms of Service

By signing up for a Trendful Admin Account (as defined in Section 1) or by using any Trendful Services (as defined below), you are agreeing to be bound by the following terms and conditions (the "Terms of Service").

As used in these Terms of Service, "we", "us" and "Trendful" means the applicable Trendful Contracting Party (as defined in Section 4 below).

Trendful provides software that enables resale businesses to acquire pre-owned goods directly from their customers and to manage the resale lifecycle from intake through payout (the "Services"). The Services support merchants that operate fully online, from one or more physical locations where customers bring items in person to sell or consign, or both. Any new features or tools which are added to the current Services shall also be subject to these Terms of Service. Trendful reserves the right to update and change the Terms of Service by posting updates and changes to the Trendful website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. If you do not accept such amendments, you must cease using the Services.

You must read, agree, and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Trendful’s Acceptable Use Policy ("AUP") and Privacy Policy, before you may sign up for a Trendful Admin Account or use any Trendful Service.

Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Trendful or any Trendful Services, you are agreeing to these terms. Be sure to check back for updates.

1. Trendful Admin Account Terms

1.1. To access and use the Services, you must first register for a Trendful Admin account (“Account”) by providing your full legal name, current mailing address, phone number, valid email address, and any other information indicated as required. Trendful may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.

1.2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

1.3. You confirm that you are receiving any Services provided by Trendful for the purposes of carrying on a business activity and not for any personal, household, or family purposes.

1.4. You acknowledge that Trendful will use the email address you provide on opening an Account, or as updated by you from time to time, as the primary method of communication with you. You must monitor the primary Account email address you provide to Trendful, and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Trendful can only be authenticated if they come from your primary Account email address.

1.5. You are responsible for keeping your password secure. Trendful cannot be liable for any loss or damage from your failure to maintain the security of your Account and password.

1.6. You acknowledge that you are responsible for the operation of your reselling business.

1.7. Trendful is not a marketplace. Any contract of purchase through your Resale App, Sell Form, or Trendful Admin Account is directly between you and the seller.

1.8. You are responsible for all activity and content such as photos, images, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted, or exhibited on or in connection with your Account (“Materials”).

1.9. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Trendful, may result in an immediate termination of your Services.

2. Trendful Admin Account Activation

2.1. Store Owner

       2.1.1. Subject to Section 2.1.2, the person signing up for the Services by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service.

       2.1.2. If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

       2.1.3. Your Trendful Admin Account and Resale App can only be associated with one Store Owner.

2.2. Staff Accounts

       2.2.1. Based on your Trendful subscription plan, you can create staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can prevent Staff Account access from initiating payouts or changing general account settings).

       2.2.2. The Store Owner is responsible and liable for the acts, omissions, and defaults arising from the use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions, or defaults.

       2.2.3. The Store Owner and the users under Staff Accounts are each referred to as a “Trendful User”.

2.3. Trendful Payouts

       2.3.1. Upon completion of sign up for the Service, you will be able to pay out your sellers (customers) directly from your Trendful Admin Account, subject to the availability and limits of the applicable payout methods.

       2.3.2. By using Trendful’s Payout Service you are agreeing to the Trendful Payouts Terms of Service. If you do not accept the Trendful Payouts Terms of Service, do not use Trendful’s Payout Service.

       2.3.3. If you do not use Trendful’s Payout Service, then it is your responsibility to pay out your seller (customer) for the pre-owned product(s). Trendful will not be liable for any unpaid payout due to your sellers (customers).

3. General Conditions

You must read, agree with, and accept all of the terms and conditions contained in these Terms of Service, including the AUP, the Privacy Policy, and, if you operate an E.U.-based Store, the EU Terms, before you may become a Trendful User.

3.1. Technical support in respect of the Services is only provided to Trendful Users.

3.2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Florida, as further set out in Section 12.

3.3. You acknowledge and agree that Trendful may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Trendful’s website, and such amendments to the Terms of Service are effective as of the date of posting. For material changes, Trendful will provide notice through the Trendful Admin Account or by email to the primary Account email address. Your continued use of the Services after the amended Terms of Service are posted to Trendful’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service. If the EU Terms apply to your Store, then amendments to these Terms of Service will be provided in accordance with the EU Terms.

3.4. You may not use the Trendful Service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the State of Florida. You will comply with all applicable laws, rules, and regulations in your use of the Service and your performance of obligations under the Terms of Service.

3.5. The Trendful API License and Terms of Use govern your access to and use of the Trendful API (as defined therein and in Section 21 below). You are solely responsible for the activity that occurs using your API Credentials (as defined in the API Terms) and for keeping your API Credentials secure.

3.6. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission of Trendful.

3.7. Acceptable Use. You will use the Services in compliance with Trendful’s Acceptable Use Policy (“AUP”), which is incorporated into these Terms of Service. The AUP describes the activities that are prohibited on the Services, including automated or bot submissions to, and unauthorized data harvesting from, the Sell Form and the Resale App. A breach of the AUP is a breach of these Terms of Service.

3.8. You shall not purchase search engine or other pay-per-click keywords (such as Google Ads), or domain names, that use Trendful or Trendful trademarks and/or variations and misspellings thereof.

3.9. Questions about the Terms of Service should be sent to Trendful Support.

3.10. You understand that your Materials (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

3.11. You acknowledge and agree that your use of the Services, including information transmitted or stored by Trendful, is governed by its Privacy Policy.

3.12. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Trendful’s Terms of Service available in another language, the most current English version of the Terms of Service will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Trendful (acting in its sole discretion) or as required by applicable law.

3.13. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns, and legal representatives. Trendful shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Trendful’s prior written consent, to be given or withheld in Trendful’s sole discretion.

3.14. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality, or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal, or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

4. Trendful Contracting Party

4.1. “Trendful Contracting Party” means Trendful Inc., a Delaware corporation, located at 16497 Acoustic Loop, Land O Lakes, FL 34638.

4.2. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Florida, as further set out in Section 12, with respect to any dispute or claim arising out of or in connection with the Terms of Service.

5. Trendful Rights

5.1. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. Not all Services and features are available in every jurisdiction.

5.2. We reserve the right to refuse service to anyone for any reason at any time.

5.3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.

5.4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Trendful client, Trendful employee, member, or officer will result in immediate Account termination.

5.5. Trendful does not pre-screen Materials, and it is in our sole discretion to refuse or remove any Materials from the Service.

5.6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Trendful employees and contractors may also be Trendful clients and they may compete with you, although they may not use your Confidential Information (as defined below in Section 6) in doing so.

5.7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.

5.8. Trendful retains the right to determine, in our sole judgment, rightful Account ownership and to transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Trendful reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

6. Confidentiality

6.1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software (including Trendful Admin, APIs, Resale App, Sell Form, and Price Database), client lists, prospective client lists, names, addresses, and other information regarding clients and prospective clients, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans, and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Trendful’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public, including information related to our security program and practices.

6.2. Each party agrees to use the party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service, including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure, or use of any such Confidential Information, other than (i) by or to its employees, agents, and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without the use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightfully obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

7. Warranties & Limitation of Liability

7.1. Trendful warrants that the Services shall, during the term of the Agreement, perform substantially in accordance with the applicable Subscription Plan’s guidelines, provided that Trendful’s liability for breach of such warranty shall be limited as set forth in this Agreement. If, during the term of the Agreement, you report to Trendful in writing any defect in the Services and Trendful fails to correct such material defect within thirty (30) days, you may terminate the Agreement in accordance with the provisions of Section 26 below. THIS EXPRESS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7.2. EXCEPT FOR THE LIMITED WARRANTIES CONTAINED IN SECTION 7.1, THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” USE OF THE SERVICES IS AT YOUR OWN RISK. TRENDFUL DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES OR ANY OTHER SERVICES PROVIDED BY TRENDFUL, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, LACK OF VIRUSES, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS PROVIDED IN SECTION 7.1 ABOVE, TRENDFUL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY RELATING TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, ACCURACY, OR COMPLETENESS OF THE SERVICES, ANY DATA, INFORMATION, RECORD, OR RESULTS OBTAINED THROUGH OR RESULTING FROM THE USE OF THE SOFTWARE, OR THE ACCURACY OF THE INFORMATION OR OTHER CONTENT, FOR ANY PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRENDFUL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (2) THE SERVICES WILL BE ERROR-FREE, OR (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED.

7.3. You expressly understand and agree that, to the extent permitted by applicable laws, Trendful shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the Service.

7.4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRENDFUL’S AGGREGATE LIABILITY TO YOU ARISING FROM THESE TERMS OF SERVICE OR THE USE OF THE SERVICES SHALL BE LIMITED TO YOUR DIRECT DAMAGES AND SHALL NOT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO TRENDFUL FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY. YOU HEREBY ACKNOWLEDGE THAT TRENDFUL SHALL NOT BE LIABLE TO YOU FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO ECONOMIC, EMOTIONAL, SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION BASED UPON CONTRACT, EQUITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY OF LIABILITY (INCLUDING BREACH OF WARRANTY) ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OR PERFORMANCE OF OR INABILITY TO USE THE SERVICES OR ANY ERROR, OMISSION, OR INACCURACY CONTAINED IN ANY DATA, INFORMATION, RECORD, OR RESULTS OBTAINED THROUGH OR RESULTING FROM THE USE OF THE SERVICES OR FROM ANY LOSS OR CORRUPTION OF DATA, EVEN IF TRENDFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TRENDFUL BE LIABLE FOR DAMAGES FOR LOSS OF USE, FOR DELAY, LOSS OF BUSINESS, LOSS OF REVENUE, PROFITS OR SAVINGS, BUSINESS INTERRUPTION LOSS, LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF PRIVACY, LOSS OF GOODWILL, AND LIABILITY TO THIRD PARTIES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATED TO THE USE OR PERFORMANCE OF OR INABILITY TO USE THE SERVICES OR ANY DATA, INFORMATION, RECORD, OR RESULTS OBTAINED THROUGH OR RESULTING FROM THE USE OF THE SOFTWARE, ANY LOSS OR CORRUPTION OF DATA, OR ARISING FROM ANY FAILURE TO MEET ANY DUTY, INCLUDING ANY DUTY OF GOOD FAITH OR TO EXERCISE COMMERCIALLY REASONABLE CARE. YOU ACKNOWLEDGE THAT YOU ARE WAIVING ANY RIGHTS YOU MAY HAVE UNDER ANY LAWS WHATSOEVER TO BRING ANY CLAIM OR SEEK ANY REMEDY, EITHER DIRECTLY OR INDIRECTLY, AGAINST TRENDFUL FOR ANY ACTION MENTIONED IN THIS SECTION.

7.5. Except for the express limited warranty in Section 7.1, your use of the Services is at your sole risk, and the Services are provided on an “as-is” and “as-available” basis without any warranty or condition, express, implied, or statutory.

7.6. Trendful does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

7.7. Trendful does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

7.8. Trendful is not responsible for any of your tax obligations or liabilities related to the use of Trendful’s Services.

8. Indemnification

8.1. You agree to indemnify, defend, and hold harmless Trendful, its affiliates, and their respective officers, directors, employees, agents, contractors, and partners from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use or misuse of the Services, including the Trendful Admin, Sell Form, Resale App, Price Database, Trendful Shipping, Trendful Payouts, Email Services, and the Trendful API;
  • Your Materials, including any claim that your Materials infringe, misappropriate, or violate the intellectual property, privacy, or other rights of any third party;
  • Your operation of your reselling business, including any transaction, offer, consignment, buyout, store credit, or payout between you and your sellers or customers;
  • Your violation of these Terms of Service, the AUP, the Privacy Policy, or any applicable third-party, carrier, insurance provider, or payment provider terms;
  • Your violation of any applicable law, rule, or regulation, including consumer protection, tax, privacy, and data protection laws;
  • Any claim, dispute, or demand brought by your sellers, customers, recipients, employees, or other third parties relating to your business or your use of the Services; and
  • Your failure to pay any Fees, shipping charges, payout amounts, customs duties, taxes, or other amounts owed.

8.2. Indemnification Process. Trendful will provide you with prompt written notice of any claim subject to indemnification, provided that failure to give prompt notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced. Trendful reserves the right, at its option, to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate fully with Trendful in asserting any available defenses. You may not settle any indemnified claim without Trendful’s prior written consent if such settlement would impose any obligation, admission, or liability on Trendful.

8.3. Survival. The provisions of these Terms of Service that by their nature should survive termination or expiration — including but not limited to payment obligations, Confidentiality, Warranties & Limitation of Liability, Indemnification, Intellectual Property, and Governing Law and Dispute Resolution — shall survive any termination or expiration of these Terms of Service or your access to the Services.

9. Notices

All notices required or made pursuant to these Terms of Service to be given to you shall be given in writing either by way of the United States Postal Service, first-class postage prepaid, or through email to the address of record.

Trendful’s email address:

contact@trendful.com

Trendful’s mail address:

Trendful Inc.
Attn: Jacquelyn de la Parte
16497 Acoustic Loop
Land O Lakes, FL 34638

10. Default Provisions

10.1. Either party shall be in default of these Terms of Service if it:

       10.1.1. fails to perform or observe, according to its terms, any covenant contained in these Terms of Service or any other instrument or document executed in connection with these Terms of Service; or

       10.1.2. shall cease business as a going concern, make an assignment for the benefit of creditors, or file or have filed against it a petition for bankruptcy.

10.2. If either party is in default, the non-defaulting party shall have the right to exercise, concurrently or separately, and without any election of remedies to be deemed made, the following remedy, provided that the non-defaulting party shall have provided the defaulting party with at least thirty (30) days’ written notice prior to taking such action and the defaulting party has not cured such default by the end of such period:

       10.2.1. Termination of the Agreement.

11. Rights to Injunctive Relief

Both parties acknowledge that the remedies at law may be inadequate to provide Trendful or you with full compensation in the event of your or Trendful’s material breach of any provisions of these Terms of Service concerning confidentiality or limitations on the use of the Services, and that Trendful or you shall therefore be entitled to seek injunctive or other equitable relief, including specific performance, in the event of any such material breach. Such relief may be sought in the courts identified in Section 12 notwithstanding the agreement to arbitrate in that Section.

12. Governing Law, Dispute Resolution & Waiver of Jury Trial

PLEASE READ THIS SECTION CAREFULLY. It requires most disputes to be resolved by binding individual arbitration and waives your right to a jury trial and to participate in a class action.

12.1. Governing Law. The validity, construction, interpretation, and performance of these Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, except as to its principles of conflicts of laws.

12.2. Informal Resolution. Before initiating any formal dispute proceeding, the parties agree to first attempt to resolve the dispute informally. You agree to provide Trendful written notice of the dispute at contact@trendful.com describing the nature and basis of the claim and the relief sought. The parties will attempt in good faith to resolve the dispute within thirty (30) days of such notice.

12.3. Binding Arbitration. If the dispute is not resolved through informal resolution, any dispute, claim, or controversy arising out of or relating to these Terms of Service, or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be seated in Tampa, Hillsborough County, Florida, and judgment on the award may be entered in any court having jurisdiction.

12.4. Class Action Waiver. To the maximum extent permitted by applicable law, you and Trendful agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

12.5. Waiver of Jury Trial. Each party, as a condition of its right to enforce or defend any right under or in connection with these Terms of Service, waives any right to a trial by jury in any action, and agrees that any action permitted to proceed in court under Section 12.6 shall be tried before a court and not before a jury.

12.6. Exceptions; Judicial Forum. Notwithstanding the foregoing, (a) either party may seek injunctive or other equitable relief as described in Section 11, and (b) either party may bring an individual action in small claims court. Any claim not subject to arbitration, and any action to compel arbitration or enforce an arbitration award, shall be brought solely in the United States District Court for the Middle District of Florida, Tampa Division, or the Circuit Court for the Thirteenth Judicial Circuit of Florida, Hillsborough County, Tampa Division, and the parties irrevocably submit to the exclusive jurisdiction and venue of those courts and waive any objection based on inconvenient forum.

12.7. This Section 12 replaces the prior mediation and venue provisions in these Terms of Service in their entirety.

13. Force Majeure

Trendful shall not be liable for any delay or failure to perform its obligations under these Terms of Service where such delay or failure results from any cause beyond Trendful’s reasonable control, including but not limited to acts of God, natural disasters, fire, flood, epidemic or pandemic, government action, war, terrorism, civil unrest, labor disputes, power or internet outages, failures of telecommunications or hosting providers, failures or acts of third-party carriers, payment processors, or other service providers, or denial-of-service or other malicious attacks. This Section does not relieve you of your obligation to pay any Fees or other amounts owed.

14. Waiver of Breach

No waiver of breach or failure to exercise any option, right, or privilege under the Terms of Service on any occasion or occasions shall be construed to be a waiver of the same or any other option, right, or privilege on any other occasion.

15. Severability

If any of the provisions of these Terms of Service 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 Terms of Service, but rather a valid, 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, with the remaining terms, provisions, covenants, and restrictions of these Terms of Service to remain in full legal force and effect in accordance with their provisions. The headings used in these Terms of Service are for convenience only and shall not be used in interpreting or construing the meaning of these Terms of Service.

16. Intellectual Property

16.1. We do not claim any intellectual property rights over the Materials you provide to the Trendful Service. All Materials you upload to your Trendful Admin Account remain yours. You can remove your Trendful Admin Account at any time by deleting your Account.

16.2. By uploading Materials, you agree: (a) to allow Trendful to store, and in the case of Materials you post publicly, display and use your Materials; and (b) that Trendful can, at any time, review and delete all the Materials submitted to its Service, although Trendful is not obligated to do so.

16.3. You retain ownership over all Materials that you upload to the Store. You are responsible for compliance of the Materials with any applicable laws or regulations.

16.4. Trendful shall have the non-exclusive right and license to use the names, trademarks, service marks, and logos associated with your Store to promote the Service.

16.5. You acknowledge and agree that: (i) the Services and any Beta Services, including without limitation any associated software, APIs, documentation, applications, tools, and products, and any modifications, enhancements, and updates thereto, and all intellectual property rights therein (collectively, “Trendful IP”) are exclusively owned by Trendful; (ii) the Trendful IP contains valuable copyrighted material and is protected by United States Copyright Law; (iii) subject to your compliance with these Terms of Service, Trendful grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the Trendful IP, solely for the purposes of using the Services in compliance with the Terms of Service; and (iv) you have no rights in the Trendful IP other than the rights and licenses granted herein.

16.6. The trade names, trademarks, service marks, trade dress, and logos (collectively “Marks”) of each party, its parent, or affiliates are the exclusive property of such party and, except as otherwise provided in these Terms of Service, the other party shall not use such Marks or any abbreviation or adaptation thereof for any purposes without the prior written consent of the party who owns such Marks. You hereby grant Trendful a non-exclusive right and license to use your Marks to promote the Services, which includes the right to publicly identify you as a client of Trendful. Each party acknowledges that all use of the other party’s Marks shall inure to the benefit of and be on behalf of the party owning such Marks.

17. The Services and Trendful Admin

17.1. The Services are made available through subscription plans and add-ons that may change from time to time. Availability of specific Services and features depends on your subscription plan. Trendful’s current plans and the features included in each are described at trendful.com/pricing. References in these Terms of Service to a specific Service being included in, or requiring, a particular plan mean the subscription plan that then includes that Service.

17.2. Trendful Admin. Access to the Services requires an active and valid Trendful Admin Account. The Trendful Admin (the “Admin”) is the back-office through which you manage your resale operations, including offer management for buyout, consignment, and store-credit offers (whether submitted through the Sell Form or the Resale App), customer relationships, shipping, payouts, and related tools and features made available by Trendful from time to time. Offers submitted through the Sell Form or the Resale App are synced to the Admin.

17.3. Intake occurs whether you operate fully online, from a physical location where customers bring items in person to sell or consign, or both. In-person intake may be facilitated through Resale App features (such as a book-a-consultation option) or by drafting offer submissions directly in the Admin when a customer visits your location.

18. Sell Form Services

18.1. The Sell Form is an embeddable and shareable submission form that allows your customers to submit pre-owned items to your business through a link or an embed on your website. Submissions from the Sell Form are synced to your Trendful Admin Account. Access to and use of the Sell Form Services requires an active and valid Trendful Admin Account and a subscription plan that includes the Sell Form.

18.2. You agree to use the Sell Form Services in accordance with all procedures that may be provided by Trendful from time to time, and you are responsible for the offers you extend, and the transactions you enter into, with customers who submit through the Sell Form.

19. Resale App Services

In addition to the terms applicable to the Services generally, the following terms apply to your access and use of the Resale App Services. The Resale App Services include the customizable Resale App software that is integrated onto your website, access to the Trendful pricing and shipping functionality, instant pricing technology, documentation, tools, internet-based services, and components, and any and all updates, add-ons, and enhancements thereto provided to you by Trendful.

19.1. Access to and use of the Resale App Services requires an active and valid Trendful Admin Account and a subscription plan that includes the Resale App.

19.2. All offers received from the Resale App will be synced automatically with your Trendful Admin Account.

19.3. You may terminate your Resale App Services without terminating your Trendful Admin Account; you will continue to be billed for, and will pay for, the Services (other than the terminated Resale App Services).

19.4. You agree to use the Resale App Services in accordance with all procedures that may be provided by Trendful from time to time.

19.5. You agree to pay any shipping fees accrued from your sellers (customers) using the Resale App as part of the Resale App Services.

20. Price Database Services

In addition to the terms applicable to the Services generally, the following terms apply to your access and use of the Price Database Services. The Price Database Services include the pricing software, documentation, tools, internet-based services, and components, and any and all updates, add-ons, and enhancements thereto provided to you by Trendful.

20.1. Access to and use of the Price Database Services requires an active and valid subscription plan that includes the Price Database, whether as part of a resale software plan or as a standalone Price Database plan. Search volume, rollover, and other limits depend on your plan.

20.2. You agree to use the Price Database Services in accordance with all procedures that may be provided by Trendful from time to time. The fair market values and other information provided through the Price Database are estimates provided for your business use, and Trendful makes no warranty as to their accuracy or completeness, as set out in Section 7.

21. Inventory Management and Trendful API

21.1. Inventory Management. The inventory management system, including location tracking and connection to Shopify, is available as a paid add-on to certain resale software plans and is included with the highest-tier plan. Access requires an active and valid Trendful Admin Account and either the applicable add-on or a plan that includes inventory management.

21.2. Trendful API. Access to the Trendful API for custom development is available only with a subscription plan that includes API access and is not available on a standalone basis. Your access to and use of the Trendful API is governed by these Terms of Service and the Trendful API License and Terms of Use. You are solely responsible for all activity that occurs using your API Credentials and for keeping your API Credentials secure.

22. Trendful Shipping

22.1. You can purchase shipping labels within your Trendful Admin Account for the delivery of pre-owned goods from your sellers (customers), and you can generate return labels within your Trendful Admin Account for inventory or items in your possession. Shipping labels may also be generated by your customers or automatically through the Resale App, based on your configured settings. In addition to these Terms of Service, your access to and use of Trendful Shipping is subject to the Trendful Shipping Terms of Service. Trendful Shipping is currently available for shipments within the United States and Canada only.

22.2. You will pay for any and all accrued shipping and insurance charges from shipping labels and return labels generated within your Trendful Admin Account, as well as shipping labels automatically generated from your Resale App or by your customers.

22.3. Shipping and insurance charges are billed as set out in the Trendful Shipping Terms of Service. In the event of any conflict between these Terms of Service and the Trendful Shipping Terms of Service regarding Trendful Shipping, the Trendful Shipping Terms of Service shall govern.

23. Trendful Email

You may generate or send emails from your Account using the Trendful email services (the “Email Services”). In addition to the terms applicable to the Services generally (including Trendful’s Acceptable Use Policy and Privacy Policy), the following terms apply to your access and use of the Email Services:

23.1. Trendful employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery (“Content Scanning”). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Terms of Service or Trendful’s Acceptable Use Policy (collectively, “Threats”). By using the Email Services, you explicitly grant Trendful the right to employ such Content Scanning. Trendful does not warrant that the Email Services will be free from Threats, and each Trendful client is responsible for all content generated by their respective Accounts.

23.2. BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “EMAIL SERVICES REQUIREMENTS”). TRENDFUL, OR ITS THIRD-PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.

       23.2.1. Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email (“UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.

       23.2.2. Your use of the Email Services must comply with Trendful’s Privacy Policy. It is your responsibility to read and understand the Privacy Policy applicable to your use of the Email Services and the emails you generate or send through the Email Services.

       23.2.3. You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”), through the Email Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data.

       23.2.4. Your use of the Email Services must follow all applicable guidelines established by Trendful. The guidelines below are examples of practices that may violate the Email Services Requirements when generating or sending emails through the Email Services:

  • Using non-permission-based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting in to receive those emails);
  • Using purchased or rented email lists;
  • Using third-party email addresses, domain names, or mail servers without proper permission;
  • Sending emails to non-specific addresses (i.e., webmaster@domain.com or info@domain.com);
  • Sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE);
  • Failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
  • Failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
  • Failing to include in each email a link to the then-current privacy policy applicable to that email;
  • Disguising the origin or subject matter of any email, or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
  • Failing to include in each email your valid physical mailing address or a link to that information; or
  • Including “junk mail,” “chain letters,” “pyramid schemes,” incentives (i.e., coupons, discounts, awards, or other incentives), or other material in any email that encourages a recipient to forward the email to another recipient.

23.3. If you or a customer knows of or suspects any violations of the Email Services Requirements, please notify Trendful. Trendful will determine compliance with the Email Services Requirements in its discretion.

23.4. Trendful’s Email Services utilize third-party providers. Your use of the Email Services is subject to the applicable third-party provider’s acceptable use policy as it may be amended from time to time.

24. Payment of Fees

24.1. You will pay the Fees applicable to your subscription to the Services (“Subscription Fees”) and other applicable fees, including but not limited to applicable fees relating to Trendful Shipping (“Shipping Fees”), fees relating to add-ons, and fees relating to the value of offers made through your Store when using Trendful Payouts (“Payout Transaction Fees”). Together, the Subscription Fees, Shipping Fees, add-on fees, and Payout Transaction Fees are referred to as the “Fees”.

24.2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Trendful will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Trendful will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency, except where a specific Service (such as certain shipping charges) is billed in another currency as set out in the applicable terms.

24.3. Subscription Fees are paid in advance and will be billed on a recurring basis according to your billing interval (each such date, a “Billing Date”). Payout Transaction Fees, Shipping Fees, and add-on fees will be charged from time to time at Trendful’s discretion or as set out in the applicable terms. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the email provided. An invoice will also appear on the Account page of your Trendful Admin Account.

24.4. If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your Resale App during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Trendful reserves the right to terminate your Account.

24.5. You must maintain an accurate location in the settings section of your Trendful Admin Account. If you change jurisdictions, you must promptly update your location.

24.6. Trendful does not provide refunds of Subscription Fees, Shipping Fees, or add-on fees. Payout Transaction Fees charged on payouts sent by bank transfer (ACH) are returned to your Trendful Payout Wallet if the payout is returned or fails, as set out in the Trendful Payouts Terms of Service. Payout Transaction Fees charged on payouts sent by other methods are not refundable.

25. Cancellation and Termination

25.1. You may cancel your Account and terminate the Terms of Service at any time by contacting Trendful Support and then following the specific instructions indicated to you in Trendful’s response.

25.2. Upon termination of the Service by either party for any reason:

       25.2.1. Trendful will cease providing you with the Services, and you will no longer be able to access your Trendful Admin Account and Price Database;

       25.2.2. Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro-rata or otherwise;

       25.2.3. Any outstanding balance owed to Trendful for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

       25.2.4. Your Trendful Resale App will be taken off your website.

25.3. If, at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

25.4. We reserve the right to modify or terminate the Trendful Service, the Terms of Service, and/or your Account for any reason, without notice, at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.

25.5. Fraud. Without limiting any other remedies, Trendful may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.

25.6. Data Retention and Deletion.

       25.6.1. Lifecycle. Whether these Terms of Service are terminated by you (for example, by cancelling your Account under Section 25.1) or by Trendful (for example, for non-payment under Section 24.4 or for any reason under Section 25.4), your Account and associated data will move through the following stages: suspension, termination, a retention window, and permanent deletion.

       25.6.2. Suspension. Upon a failed payment or any other event permitting suspension under these Terms of Service, Trendful may suspend access to your Account and the Services. During suspension, your data is retained, but access may be limited or unavailable.

       25.6.3. Termination. Your Account is terminated when you cancel it or when Trendful terminates it in accordance with these Terms of Service, including where Fees remain unpaid for the period set out in Section 24.4. Upon termination, Trendful will cease providing the Services and you will lose access to the Trendful Admin as described in Section 25.2.

       25.6.4. Retention Window. Following termination, Trendful will retain your Account data for a period of 90 days (the “Retention Window”), during which you may request reactivation or an export of your data. For Accounts that register but never activate a paid subscription and show no meaningful activity, meaning no subscription is ever started and no items, listings, or customers are ever submitted, Trendful may shorten or forgo the Retention Window and delete the Account after 30 days.

       25.6.5. Deletion. After the Retention Window ends, Trendful may permanently delete your Account and associated data from its active production systems. Data residing in routine backups is deleted on Trendful’s standard backup rotation schedule and is not necessarily purged at the same time as production data.

       25.6.6. Notice and Export. Before permanently deleting an Account, Trendful will use commercially reasonable efforts to notify the Store Owner at the primary Account email address and to provide an opportunity to export data, except where an Account never activated or where such notice is not reasonably practicable.

       25.6.7. Holds. Notwithstanding the foregoing, Trendful will not delete an Account, and may extend the Retention Window, while any of the following remains outstanding: an unpaid balance owed to Trendful; an open or pending payout; an open or pending shipping or insurance claim; an open dispute or investigation; or any legal, regulatory, or contractual obligation requiring retention.

       25.6.8. Records Retained by Law. Even after an Account is deleted, Trendful may retain transaction, invoice, financial, and other records to the extent required to comply with applicable law, resolve disputes, and enforce these Terms of Service. Such records are kept only as long as necessary for those purposes.

       25.6.9. Seller and Customer Data. You acknowledge that your Account may contain personal information of your sellers and customers. You are responsible for your own obligations to those individuals, including any deletion or data-subject requests, and for exporting or preserving any such data you require before deletion.

25.6.10. Accounts Created by Automated or Abusive Sign-Ups. Trendful may close and delete an Account at any time, without notice and without a Retention Window, where the Account was created through automated sign-ups, or otherwise in abuse of the sign-up form, including where it was created on behalf of a person who did not request it. Such Accounts have no billing or submission history to preserve, and retaining personal information Trendful has no use for would run against the data minimisation principle described in the Privacy Policy.

26. Modifications to the Service and Prices

26.1. Prices for using the Services are subject to change upon 30 days’ notice from Trendful. Such notice may be provided at any time by posting the changes to the Trendful Site (trendful.com) or the home page within your Trendful Admin Account via an announcement.

26.2. Trendful reserves the right at any time, and from time to time, to modify or discontinue the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).

26.3. Trendful shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

27. Beta Service

From time to time, Trendful may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all clients (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Trendful will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Trendful Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Trendful’s prior written consent. Trendful makes no representations or warranties that the Beta Services will function. Trendful may discontinue the Beta Services at any time in its sole discretion. Trendful will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Trendful may change or not release a final or commercial version of a Beta Service in its sole discretion.

28. Feedback and Reviews

Trendful welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion, or related material, or any review of the Services, Third-Party Services, or any Third-Party Provider (collectively, “Feedback”), to Trendful be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Trendful (whether submitted directly to Trendful or posted on any Trendful-hosted forum or page), you waive any and all rights in the Feedback, and Trendful is free to implement and use the Feedback if desired, as provided by you or as modified by Trendful, without obtaining permission or license from you or from any third party. Any reviews of a Third-Party Service or Third-Party Provider that you submit to Trendful must be accurate to the best of your knowledge and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Trendful reserves the right (but not the obligation) to remove or edit Feedback of Third-Party Services or Third-Party Providers but does not regularly inspect posted Feedback.

29. Rights of Third Parties

Save for Trendful and its affiliates, Trendful Users, or anyone accessing Trendful Services pursuant to these Terms of Service, and unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class, or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.

30. Privacy & Data Protection

Trendful is firmly committed to protecting the privacy of your personal information and the personal information of your sellers (customers). By using the Service, you acknowledge and agree that Trendful’s collection, usage, and disclosure of this personal information is governed by our Privacy Policy.

Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, Trendful’s collection and use of personal information of any European residents are also subject to our Data Processing Addendum.

31. Entire Agreement; Oral Modification Void

These Terms of Service, together with the supplemental terms expressly incorporated by reference into them (including the Trendful Payouts Terms of Service and the Shipping Terms of Service), contain the entire agreement between Trendful and you relating to the subject matter hereof. No representative of Trendful or any affiliate thereof has any authority to make any oral modifications to these Terms of Service. You warrant and represent that, in entering into these Terms, you have not relied upon any representation made by or on behalf of Trendful not expressly contained in writing in these Terms of Service.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THE TERMS OF SERVICE ARE A COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN TRENDFUL AND YOU, AND THAT THEY SUPERSEDE ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS, NEGOTIATIONS, AND DISCUSSIONS RELATING TO THE SUBJECT MATTER OF THE TERMS OF SERVICE.

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