Terms of service

Version 1.3, effective November 2, 2026. Replaces Version 1.2 of October 25, 2026.

1. The agreement

These terms are between you (the “Customer”) and usellit, Inc., a Delaware corporation (“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 reads items, customers and prices from your ERP and posts transactions back. 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. We develop the service continuously: features may be added, changed or withdrawn, and nothing here commits us to any particular feature, integration or roadmap item. Features we label beta, preview or early access are provided as is, may change or end without notice, and carry no commitment of any kind.

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 has no separate terms: these are the terms it asks you to agree to, when a device is paired and again whenever they change. Whoever agrees on a device does so for the company whose console paired it, and each agreement is recorded against the terminal. It keeps selling through short interruptions and posts when connectivity returns. A sale taken while a device is offline is held on that device until it posts, and one lost, reset or uninstalled before then can lose those sales; card payments that need the provider are not taken offline. The devices, networks, printers, scanners and other hardware you use are yours to provide, secure and keep working, and a lost or stolen device should be unpaired from the console at once. 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

• Each person needs their own named account. Shared logins are not permitted - they defeat the audit trail and the license rests on them. The service enforces this: signing in ends any other session on the same account.
• You are responsible for what happens under your accounts, and for keeping credentials secure.
• Tell us promptly through the contact form if you suspect unauthorized access.

4. Fees

You are charged for three things: each named console user, at the rate for your tier; each terminal; and Spark, the AI add-on, where you switch it on. Spark is optional, charged per tier, and includes a set number of AI actions a month - the console shows its rate and what you have used. An AI action counts when it is asked for, whether or not it succeeds and whether or not you keep what it makes - a picture Spark could not draw, or one you did not use, still counts. Some actions count as more than one, and the console says how many before you ask. POS clerks and stores are not charged for. Current user and terminal 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 or a terminal 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.

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. Fees are non-refundable except where these terms say otherwise. Amounts unpaid after their due date may carry interest at 1.5 percent a month, or the highest rate the law allows if that is lower, and you cover the reasonable costs of collecting them.

5. Trial

Trials run for fourteen days against your own data, with no card up front. We may end or refuse a trial at any time. 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 read or post, 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. We do use aggregated and de-identified information about how the service is used - counts, timings, error rates and the like - to run, secure and improve it; that information identifies neither you, nor your customers, nor your figures.

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. AI features, and the risk you take with them

Spark and every other AI feature are provided as is, and you use them at your own risk. They are assistive. They predict a likely answer; they do not know one.

What they return may be wrong, incomplete, out of date or unsuitable, and it may be confidently wrong. It may not work out the way you expect. Before you act on anything an AI feature produces - a price explanation, an item match, a customer brief, a suggestion to a shopper, a drafted message - you check it. The clerk at the counter, and the company behind them, are responsible for what is said and what is sold.

Prices, taxes and promotions come from a deterministic engine, not from a model, and nothing an AI feature says changes what is charged. Where a model proposes a change in the Console, a person with the right role applies it, and that person is accountable for it.

Using an AI feature sends the part of your data the question needs to our model provider so it can answer - an item’s name and description to find it, a customer’s name and their own purchase history for a brief. Card numbers, expiry dates, card verification values and the last digits of a card are never part of it. The provider does not train on what it receives, and every question is recorded in your Console.

We give no warranty of accuracy, completeness, availability or fitness for any purpose for AI output, and to the extent the law allows we are not liable for any loss arising from reliance on it. AI features depend on a third-party model provider and may be slowed, limited or withdrawn. If that is not acceptable for a given use, do not switch the feature on.

8. Our intellectual property

The software, its interfaces and the usellit name remain ours. If you send us suggestions, ideas or feedback, we may use them freely, without obligation or payment to you. You may not copy, reverse engineer, resell or attempt to extract the source, except where that restriction is unenforceable where you are.

9. Acceptable use

The acceptable use policy forms part of these terms.

10. 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, their accuracy or changes they make, and we are not liable for anything that follows from them. If your ERP changes an API and the connection breaks, we will use reasonable efforts to fix our side. Your ERP remains your system of record. An ERP can refuse, delay or record differently what we post; reviewing postings and resolving the ones it refuses is yours to do, and we are not liable for what your ERP does with a transaction.

11. Taking payment

Card payments are taken by your own payment provider - Stripe or Square - on your own merchant account, under your agreement with them. Card details go to the provider directly and never reach usellit: we hold the amount, the result and the provider's reference, not the card. Settlement, chargebacks, refunds and provider fees are between you and them.

Where you use Stripe, usellit brokers the connection: the terminal asks the console for a short-lived connection token, the console creates the payment on your Stripe account, and usellit's own fee is applied there. That fee is part of what you pay for the service and is shown in your Stripe account against each payment. Tap to Pay, where your device and provider support it, works the same way - the card is read by the operating system and goes to the provider, not to us.

12. Text messages

Where you switch on text receipts, the customer's phone number and the receipt are sent through our messaging provider so the message can be delivered. You are responsible for having the customer's consent to text them, for what the message says, and for honoring an opt-out - the app records STOP and stops sending. Details of how this works, and the wording shown at the counter, are on the text messages page.

13. 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. There is no service level agreement, no uptime guarantee and no service credits. We may suspend the service for maintenance, for security, or to protect it, giving notice where circumstances allow.

14. 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. You are responsible for the prices, taxes and receipts you configure, and for complying with the laws that apply to your sales, taxes and record-keeping. We do not warrant that the service will be uninterrupted, timely, secure or error free, that defects will be corrected, or that it will meet your requirements, and we disclaim the implied warranties of title and non-infringement to the extent the law allows.

15. 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, data or anticipated savings; and usellit’s total liability for all claims together is limited to the fees you paid for the service in the three months before the claim arose. These limits apply whatever the theory of liability - contract, tort, negligence, statute or otherwise - and even if a party was told the loss was possible.

You indemnify usellit against claims, losses and costs arising from your data, from how you configured prices and taxes, from the messages you send to your customers, and from decisions taken on the output of an AI feature.

16. Term and termination

Either of us may end the agreement on notice as your plan states. We may suspend or terminate immediately for a breach - including a breach of the acceptable use policy - or for non-payment after notice. Where we terminate for your breach, no fees are refunded. On termination your right to use the service stops and we delete your data per the privacy policy. Anything owed, and the sections on intellectual property, disclaimers, liability, indemnity, general terms and governing law, survive the end of the agreement.

17. Changes to these terms

We may update these terms. For material changes we will give notice by email or in the application, and the Console and the app ask for agreement again before they can be used. Continuing to use the service after they take effect means you accept them; if you do not, your remedy is to stop using the service and to terminate at the end of your current term.

18. General

These terms, with the DPA and acceptable use policy, are the whole agreement. You may not assign these terms without our written consent; we may assign them to an affiliate or to a successor to our business. Neither of us is liable for a delay or failure caused by events beyond reasonable control, except your obligation to pay. We give notice by email to an account admin or in the Console. No one else has rights under these terms, except as an app store addendum to them states. We may name you as a customer, and will stop if you ask us to. You will not use the service in breach of export control or sanctions laws. If a clause is unenforceable the rest stands. A right not exercised is not waived.

19. 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. Both parties waive trial by jury. Any claim must be brought within one year of the event it arises from, or it is barred. Claims are brought individually, not as a plaintiff or class member in any class, collective or representative proceeding.

20. Contact

The contact form.