Terms of Service
Last updated: [DATE]
This is a drafting template, not legal advice. It was generated to give you a solid, comprehensive starting point covering the sections a resale/marketplace- adjacent app like Cashd typically needs — but it has not been reviewed by a licensed attorney, and it can't verify compliance with the specific laws of every place you operate in. Bracketed items like [Legal Entity Name] must be filled in before this is usable, and you should have this reviewed by a qualified attorney in your jurisdiction — especially before serving users in the EU/UK (GDPR), California (CCPA), or any other region with its own consumer-protection or data-privacy law.
These Terms of Service ("Terms") govern your access to and use of Cashd (the "Service"), operated by [Legal Entity Name] ("Cashd", "we", "us"). By accessing or using the Service — including browsing it as a guest, without creating an account — you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least [13 / 16 / 18 — pick one] years old to use the Service. If you are under the age of majority in your jurisdiction, you may only use the Service with the involvement and consent of a parent or legal guardian.
2. What Cashd Is — and Is Not
Cashd lets you photograph an item you want to sell and provides:
- An automated, AI-assisted guess at what the item is (category, brand, model);
- An estimated resale value, drawn from a mix of real market data sources and, where none applies, an AI or arithmetic estimate;
- A drafted listing title, description, and suggested marketplaces for that item.
Cashd does not buy, sell, appraise, authenticate, or take possession of your items. We are not a marketplace, broker, dealer, appraiser, or payment processor. We do not post listings to any third-party marketplace on your behalf — "Post Listing" opens that marketplace's own listing-creation page in a new tab with a draft for you to review and submit yourself. Any listing, sale, purchase, shipment, or payment happens entirely between you and the third-party marketplace and buyer/seller, and is governed by that marketplace's own terms — not these Terms.
3. Estimates Are Estimates — No Valuation or Pricing Guarantee
Every value, price range, or trend figure Cashd shows you (however it is labeled in the product — including but not limited to results marked as AI-estimated, or a rough heuristic) is an estimate only, not an appraisal, guarantee, offer, or promise of what an item is worth or will sell for. Estimates may be based on real market data, general AI knowledge, or simple arithmetic, and may be wrong, outdated, or substantially different from what a buyer actually pays. You are solely responsible for independently verifying value before listing, pricing, or selling any item, and for any decision you make relying on an estimate Cashd shows you.
4. AI-Generated Content
Item recognition, valuation, and listing titles/descriptions may be generated in whole or part by third-party AI models. This content can be inaccurate, incomplete, or inappropriate. You are responsible for reviewing and editing any AI-generated content before relying on it or using it elsewhere (including on a third-party marketplace), and for ensuring it is accurate and doesn't infringe anyone's rights.
5. Accounts
You can browse, scan, and price items as a guest, without an account. Saving an item (as a draft or a listing) requires signing in with Google. You're responsible for maintaining the confidentiality of your account and for all activity under it. Notify us promptly at [Contact Email] of any unauthorized use.
6. Your Content
You retain ownership of the photos and information you submit ("Your Content"). By submitting it, you grant Cashd a worldwide, non-exclusive, royalty-free license to host, store, process, and display Your Content solely to operate and provide the Service to you — including sending photos and item details to third-party AI and pricing providers as described in our Privacy Policy. You represent that you own or have the right to submit Your Content, that the item shown is lawfully yours to sell, and that Your Content doesn't infringe any third party's rights or violate any law.
7. Prohibited Uses
You agree not to use the Service to:
- Scan, price, or list counterfeit, stolen, illegal, recalled, or hazardous items;
- Infringe any intellectual property, privacy, or other right of a third party;
- Scrape, reverse-engineer, or abuse the Service or its underlying APIs/rate limits;
- Attempt to bypass authentication or access another user's data;
- Use the Service for any unlawful purpose.
8. Third-Party Marketplaces & Trademarks
Cashd is an independent tool and is not affiliated with, endorsed by, or sponsored by eBay, Depop, Poshmark, StockX, TCGplayer, Chrono24, Vestiaire Collective, Mercari, Facebook/Meta, or any other marketplace referenced in the Service. Their names, logos, and trademarks belong to their respective owners and are used only to identify and link to those services. We have no control over, and no responsibility for, their content, policies, fees, seller requirements, or the conduct of any buyer or seller on them.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY VALUATION, RECOGNITION, OR AI-GENERATED CONTENT WILL BE ACCURATE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, [LEGAL ENTITY NAME] AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE — INCLUDING ANY DECISION TO LIST, PRICE, OR SELL AN ITEM BASED ON AN ESTIMATE, OR ANY DISPUTE, LOSS, OR DAMAGE ARISING FROM A TRANSACTION ON A THIRD-PARTY MARKETPLACE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED [USD $100 / THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, IF ANY].
Some jurisdictions don't allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
11. Indemnification
You agree to indemnify and hold harmless [Legal Entity Name] from any claim, loss, or damage (including reasonable legal fees) arising from Your Content, your use of the Service, your violation of these Terms, or your conduct on any third-party marketplace.
12. Termination
You may stop using the Service, or delete your account, at any time. We may suspend or terminate your access if we reasonably believe you've violated these Terms.
13. Changes
We may update these Terms from time to time. Continued use of the Service after a change takes effect constitutes acceptance of the revised Terms.
14. Governing Law & Disputes
These Terms are governed by the laws of [State/Country], without regard to conflict-of-laws principles. [Add an arbitration clause, class-action waiver, or venue selection here if desired — this varies significantly by jurisdiction and should be set with a lawyer's input.]
15. Contact
Questions about these Terms? Contact [Contact Email].