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Terms of service

1. The agreement

These terms are between you (the "Customer") and usellit Inc. ("usellit", "we"). By creating an account or using the service you accept them. If you are accepting on behalf of a company, you confirm you may bind it.

2. What the service is

usellit provides point of sale applications and a hosted console that synchronises items, customers and transactions with your ERP. The mobile applications are free to install on any number of devices. What is licensed is the console, charged per named user, and each terminal you sell from. POS clerks and stores are not charged for.

AI features are sold separately as Spark, an add-on bought alongside a plan on any tier and priced per company in packs of actions. No plan includes Spark. Help in the console and on the terminals, and the “Ask why” explanations on a posting or an import error, are free on every plan and are never counted as actions.

The usellit.pos app

The counter runs as the usellit.pos app for iPad, iPhone and Android, distributed through the Apple App Store and Google Play. We grant you a non-exclusive, non-transferable license to install and use it on your devices for your company's use of the service. A device sells only while it is paired to a licensed terminal, one device holds a terminal at a time, and unpairing from the console cuts the device off without changing what you are billed.

The app presents its own short terms on first use and again whenever they change, and each agreement is recorded against the terminal. It keeps selling through short interruptions and synchronises when connectivity returns. Where the app comes from an app store, the store's own terms also govern the download, and neither Apple nor Google is responsible for the app, its content or its support - that responsibility is ours.

3. Accounts and users

4. Fees

You are charged for three things: each named console user, at the rate for your tier, each terminal, and each Spark pack if you buy any. Current rates are published at usellit.ai/pricing. Terms are monthly or annual, and annual is paid up front at a discount.

Your rates hold for the term you have paid for. Anything you add during a term is charged at the rates in force on the day you add it, prorated on a monthly term and invoiced immediately on an annual one. At renewal the whole subscription moves to current rates. Removing a user, a terminal or a Spark pack frees the slot at the end of the period; there is no credit for the part already paid for, so you are charged for the most you held during that period.

Spark is bought in packs of actions, per company, on a monthly or annual term like the rest of the subscription. An action is one question put to the model; the console lists every one of them. A month's actions do not carry over. When they are used, the AI features pause until more are bought or the month turns, and nothing else stops - your terminals keep selling, sales keep reaching your ERP, and help keeps answering. We email your admins when 80% and 90% of a month's actions have been used.

Fees are exclusive of tax unless stated. Late payment may lead to suspension after we have given you notice and a chance to fix it.

5. Trial

Trials run for fourteen days against your own data, with no card up front. We may end a trial early if it is being abused. Nothing is charged without you choosing a plan.

If a trial ends without a plan, or a subscription lapses, the account becomes read-only for thirty days. You can still sign in and export during that time. After thirty days the account and its data are deleted. We email the account admins before that happens.

6. Your data

Your data stays yours. We claim no ownership of the items, customers or transactions you sync, and we use them only to provide the service and as your DPA permits. We do not use your business data to train models for anyone else.

AI, and what leaves our systems

When you use an AI feature, the part of your data that the question needs is sent to our model provider so that it can answer. That is the only time your data goes to them. What is sent depends on what was asked: item names and descriptions for an item search or a catalog regrouping, a customer's name and their own purchase history for a customer brief, the figures already on your screen for a dashboard read, and the record of one sale or one import run when you ask why it behaved as it did. Card numbers, expiry dates and card verification values never form part of any of it, and we do not send the last digits of a card.

Our model provider processes it to return the answer and is contractually bound not to train on it. The provider is named in our sub-processors list, and we will tell you before we change who it is. Every action is recorded in your console with what asked, from where, and when, so you can see exactly what has been sent on your behalf.

AI answers are generated and can be wrong. They are there to help somebody decide, not to decide for them; nothing an AI feature produces is posted to your ERP or charged to a customer without a person acting on it.

You can export your data while your account is open. After closure we delete it as set out in the privacy policy. Your ERP is never modified by that deletion.

7. Our intellectual property

The software, its interfaces and the usellit name remain ours. You may not copy, reverse engineer, resell or attempt to extract the source, except where that restriction is unenforceable where you are.

8. Acceptable use

The acceptable use policy forms part of these terms.

9. Third-party systems

usellit connects to systems you already run - Oracle NetSuite, QuickBooks Online, payment providers, hardware vendors. We are not responsible for those systems, their availability, or changes they make. If your ERP changes an API and the sync breaks, we will fix our side as quickly as we reasonably can.

10. Availability

We aim to keep the service available and will give notice of planned maintenance where we can. We do not currently offer a contractual uptime commitment - see the note on the security page about why we would rather say that than invent a number.

11. Warranties and disclaimers

We will provide the service with reasonable skill and care. Beyond that, and to the extent the law allows, the service is provided as is, without implied warranties of merchantability or fitness for a particular purpose. usellit is not an accounting, tax or legal product, and does not replace professional advice or your own reconciliation.

12. Liability

Neither of us excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

Subject to that, neither party is liable for indirect or consequential loss, loss of profit, revenue, goodwill or anticipated savings; and each party's total liability in any twelve month period is limited to the fees paid or payable in that period.

13. Term and termination

Either of us may end the agreement on notice as your plan states. We may suspend or terminate immediately for a serious breach - including a breach of the acceptable use policy - or for non-payment after notice. On termination your right to use the service stops and we delete your data per the privacy policy.

14. Changes to these terms

We may update these terms. For material changes we will give at least 30 days' notice by email or in the application. Continuing to use the service after they take effect means you accept them; if you do not, you may terminate and we will refund any prepaid fees for the unused period.

15. General

These terms, with the DPA and acceptable use policy, are the whole agreement. Neither of us may assign without the other's consent, except as part of a merger or sale of substantially all assets. If a clause is unenforceable the rest stands. A right not exercised is not waived.

16. Governing law

These terms are governed by the laws of the State of Florida, United States, and the courts of the State of Florida, United States have exclusive jurisdiction.

17. Contact

support@usellit.ai, or write to usellit Inc., 2525 SW 109th Ave, Miami, FL 33165, United States.