Terms of Service

Effective date: [EFFECTIVE DATE] · Last updated: [LAST UPDATED]

1. Agreeing to these terms

These Terms of Service (“Terms”) are an agreement between you and [LEGAL ENTITY NAME, currently: Nick Quigley d/b/a Flip Canary] (“Flip Canary,” “we,” “us”). They cover flipcanary.com, the web app, and our Telegram, Discord, SMS and email channels (the “Service”). By using the Service or joining the waitlist, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the Service.

2. Who can use Flip Canary

You must be at least 18 years old and able to enter a binding contract. If you use the Service for a business, you're agreeing to these Terms for that business. The Service is currently meant for users in the United States.

3. What the Service does

You paste listing text or upload a screenshot of a listing you found. Flip Canary tries to identify the item, estimates a resale range and profit after fees, suggests an opening offer and walk-away price, and flags common scam patterns. We don't scrape, crawl or automatically fetch any marketplace. We only analyze what you send us.

The Service is in early access. Features, limits (such as the free plan's daily checks) and supported channels may change, and the Service may sometimes be unavailable.

4. Estimates, not advice

Verdicts, price ranges, profit estimates, offer suggestions, confidence scores and scam flags are informational estimates only. They're based on limited information, including what's in the listing and the comparison data we have, and they can be wrong. They are not financial, investment, legal, tax or appraisal advice. We don't guarantee:

• that you'll make a profit, or what any item will sell for;
• that a listing is, or isn't, a scam;
• that an item is authentic, works, is safe, or is legal to buy or sell where you are;
• that a seller is who they say they are.

Use your own judgment, and check things yourself before you buy.

5. Your deals are your own

We're not a marketplace, broker, buyer, seller or agent, and we're not a party to any transaction between you and anyone else. You're solely responsible for what you buy, sell, offer or pay, and for your own safety when you meet people. To the extent the law allows, we aren't responsible for losses, damages, injuries or disputes that come from any purchase, sale or meeting, even if you relied on something the Service told you.

6. Marketplace rules

Facebook Marketplace, Craigslist, OfferUp, eBay and other platforms have their own terms. You're responsible for following them when you view, copy or act on their listings. Only submit content you have the right to share. Flip Canary isn't affiliated with or endorsed by any marketplace, and marketplace names are trademarks of their owners.

7. Your content

You keep whatever rights you have in the text, screenshots, links and messages you submit (“Your Content”). You give us a limited, non-exclusive, royalty-free license to store, process and display Your Content only as needed to run, secure and improve the Service for you, and as described in our Privacy Policy. You confirm that you have the right to submit Your Content and that it doesn't break any law or anyone else's rights. Please don't submit passwords, payment details or other sensitive information.

8. Acceptable use

You agree not to:

• use the Service, or any tool connected to it, to scrape, crawl or bulk-collect listings from any marketplace, or feed it automatically collected listings;
• scrape, crawl or copy the Service itself, or access it with bots or scripts, except through an interface we provide for that purpose;
• harass, threaten, spam or deceive sellers, buyers or anyone else, including by mass-messaging sellers;
• use the Service to plan or commit fraud or scams, or to buy or sell illegal, stolen or recalled goods;
• get around plan limits, for example by creating many sessions or identities;
• interfere with the Service, probe it for vulnerabilities without our permission, or reverse engineer it except where the law allows;
• resell or white-label the Service without our written permission;
• break any law or anyone else's rights.

9. Plans, billing and cancellation

Early access: nobody is charged during early access. Joining the waitlist is free and doesn't commit you to a paid plan.

When paid plans launch:

• Plans: Free ($0, 5 checks a day), Flipper ($12 a month) and Pro ($29 a month, includes SMS). Current prices and features are shown on the site.
• Billing: paid plans are billed monthly in advance through our payment processor, Stripe, and renew automatically every month until you cancel. Prices don't include taxes, which may be added where required.
• Cancel anytime: you can cancel from your account or by emailing hello@flipcanary.com. Cancellation takes effect at the end of your current billing month, and you keep paid features until then.
• Refunds: [PLACEHOLDER, Nick to confirm: Payments are non-refundable, and we don't give refunds or credits for partial months, except where the law requires.]
• Price changes: we'll give you at least [30] days' notice before a price change applies to you, so you can cancel first.
• Failed payments: if a payment fails, we may move you to the Free plan until it's fixed.

10. SMS terms

The Flip Canary SMS program (included with Pro) lets you text a listing or screenshot and get a verdict back by text.

• Consent: by texting our number or turning on SMS, you agree to receive text messages from Flip Canary at that number. Consent isn't a condition of buying anything.
• Frequency: message frequency varies. We mostly reply to the messages you send us, plus occasional account notices, such as plan or usage alerts.
• Cost: message and data rates may apply. Check with your wireless carrier.
• Opt out: reply STOP at any time to stop messages. We'll send one confirmation, and then no more texts unless you opt in again.
• Help: reply HELP, or email hello@flipcanary.com.
• Carriers aren't liable for delayed or undelivered messages.
• See our Privacy Policy for how we handle your number. We don't share mobile opt-in information with third parties for their marketing.

11. Third-party services

The Service relies on outside services, such as Cloudflare, Stripe, Twilio, Telegram, Discord and eBay. Your use of those services is also governed by their own terms. We aren't responsible for them, or for third-party websites we link to.

12. Our property

The Flip Canary name, logo, software, site design and analysis output formats belong to us or our licensors. You can use the Service and the results it gives you for your own buying and reselling. Apart from that, these Terms don't give you any rights in our property. If you send us feedback or ideas, we may use them without any obligation to you.

13. Disclaimers

The Service is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied. That includes warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and that the Service will be uninterrupted or error-free.

14. Limits on liability

To the fullest extent the law allows: (a) we won't be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data or the cost of goods you bought, even if we were told they were possible; and (b) our total liability for any claim about the Service is limited to the greater of what you paid us in the 12 months before the claim, or [$50].

Some places don't allow some of these limits, so they may not all apply to you.

15. Indemnity

If someone brings a claim against us because of your deals, Your Content, your breaking of these Terms, or your breaking of a law or a marketplace's rules, you agree to cover our reasonable losses and costs from that claim, including reasonable attorneys' fees, to the extent the law allows.

16. Suspension and termination

You can stop using the Service at any time. We may suspend or end your access if you break these Terms, if we need to in order to protect the Service or other people, or if we stop offering the Service. If we end a paid plan for reasons other than your breaking these Terms, we'll refund any prepaid, unused portion. Sections 4 to 7 and 12 to 19 continue to apply after termination.

17. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in [COUNTY] County, Florida, and you and we agree to those courts' jurisdiction. Either of us may bring a qualifying claim in small-claims court instead. Before filing a claim, please email hello@flipcanary.com so we can try to resolve it informally first. [LAWYER: decide whether to add arbitration or a class-action waiver.]

18. Changes

We may update these Terms. If we do, we'll change the date at the top. If a change is significant, we'll also give notice on the site or by email before it takes effect. If you keep using the Service after a change takes effect, you accept the new Terms.

19. Other terms

These Terms and the Privacy Policy are the whole agreement between you and us about the Service. If any part of these Terms can't be enforced, the rest still applies. If we don't enforce a term right away, we haven't given up the right to enforce it later. You can't transfer these Terms without our consent. We may transfer them as part of a merger, sale or reorganization of the business.

20. Contact us

Email hello@flipcanary.com, or write to [LEGAL ENTITY NAME], [MAILING ADDRESS].