Terms of Service

Terms of Service - Sails

These Terms of Service ("Terms") govern your use of the Sails mobile and web applications, along with any related services that assist in creating, cross-posting, and managing listings on third-party marketplaces (the "Service"). By creating a Sails account, you agree to these Terms.

1. What These Terms Cover

Sails helps you create and manage listings across multiple marketplaces. We are not a marketplace, payment provider, or shipping carrier. All transactions, payments, and interactions with buyers happen on the marketplaces you use.

2. Eligibility and Account Use

To create an account and use the Service, you must be at least 18 years old. By connecting a marketplace account (e.g., eBay, Depop) to Sails, you confirm that you meet that marketplace's specific age and eligibility rules. The U.S. Children's Online Privacy Protection Act (COPPA) places strict requirements on services that collect information from children under 13. By setting the minimum age to 18, we ensure compliance and avoid collecting data from minors. You are responsible for all activities that occur under your account and for keeping your login credentials secure.

3. Marketplace Connections

You authorize Sails to connect to your marketplace accounts on your behalf. We store and use authentication tokens (such as OAuth tokens) to perform the actions you request, including drafting, posting, or updating listings and tracking sales. These tokens are stored securely using encryption.

4. Your Responsibility to Marketplaces

You must comply with all terms, policies, fee schedules, and rules of each marketplace you use through our Service. Sails is an independent service and is not responsible for any actions taken by marketplaces, such as removing a listing or suspending your account.

5. Beta Service Disclaimer

The Service is provided as a beta or early-access version and is offered on an "as is" and "as available" basis. Features may change, be suspended, or be withdrawn at any time without notice. This disclaimer does not affect any non-excludable rights you may have under the Australian Consumer Law (ACL).

6. Content and Intellectual Property

• Your content: You retain ownership of your photos, descriptions, prices, and any other content you create or upload ("User-Generated Content" or "UGC").
• Our license: You grant Sails a worldwide, perpetual, irrevocable, transferable, sub-licensable, and royalty-free license to use, host, reproduce, modify, publish, and create derivative works from your UGC. This license allows us to operate, secure, and improve the Service, including training and evaluating our AI features.
• Marketing use: We may use anonymized or de-identified UGC in our marketing materials (e.g., screenshots showing feature examples). You can opt out within 30 days of accepting these Terms by emailing info@sails.live with the subject "UGC Marketing Opt-Out" and sufficient details for us to identify your account.

7. AI-Generated Content

Our Service uses various artificial intelligence technologies to generate content like titles, descriptions, and price suggestions, and to perform tasks such as background removal. AI-generated output may contain errors or inaccuracies. You are solely responsible for reviewing all AI-generated content to ensure its accuracy, legality, and compliance with marketplace policies before you publish it.

8. Fees, Billing, and Shipping Labels

• Service fee: It is free to create listings with Sails. We charge a variable percentage fee on the final sale price (including any taxes) of an item that was created or managed through our Service. The specific fee will be displayed within the app before you post a listing.
• Charging and disputes: We will charge your payment method when we detect that a sale has occurred. If you believe a charge is incorrect, you have 30 days to contact us at info@sails.live to dispute it.
• Shipping labels: You have the option to purchase shipping labels through the Service. The cost of these labels is determined by the package's destination, weight, and dimensions.
• Payments: We use Stripe to process payments via credit/debit card and Apple Pay. You authorize us to re-attempt failed charges and to suspend your account for unpaid fees.
• Refunds: All fees are non-refundable, except where required by law, including the Australian Consumer Law.

9. Acceptable Use and Prohibited Items

You agree not to use the Service to list illegal, dangerous, or restricted items. This includes, but is not limited to, counterfeit goods, weapons, hazardous materials, illegal drugs, recalled products, adult-only content, and stolen property. You must not attempt to evade our fees, scrape our data, or otherwise violate marketplace rules. We reserve the right to remove content and suspend accounts that violate these Terms.

10. Third-Party Websites

The Service may contain links to third-party websites that are not owned or controlled by Sails. We assume no responsibility for the content, terms, privacy policies, or practices of any third-party websites. By using the Service, you expressly release Sails from any and all liability arising from your use of any third-party website. We encourage you to review the terms and policies of any other website you visit.

11. Disclaimers

Except for any non-excludable guarantees provided under the Australian Consumer Law, the Service is provided "as is" without any warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

12. Limitation of Liability

To the maximum extent permitted by law, the total liability of Sails for any claim arising from these Terms or the Service is limited to the total fees you paid to us in the 12 months prior to the claim. We are not liable for any indirect, incidental, or consequential damages, including lost profits or data. These limitations do not apply to liability that cannot be excluded under applicable law, such as the consumer guarantees under the ACL.

13. Indemnity

You agree to indemnify and hold Sails and its employees harmless from any third-party claims, losses, or costs arising from your User-Generated Content, your violation of these Terms or any law, or your use of the Service.

14. Copyright (DMCA)

If you are a U.S. copyright holder and believe that content on our Service infringes upon your copyright, please send a notice to info@sails.live with "DMCA Notice" in the subject line. Under the Digital Millennium Copyright Act, we have a process for addressing such claims.

15. Governing Law and Dispute Resolution

• For users outside the U.S.: These Terms are governed by the laws of New South Wales, Australia.
• For users in the U.S. - binding arbitration and class action waiver: You and Sails agree to resolve all disputes through binding, individual arbitration. You waive your right to participate in a class action lawsuit or class-wide arbitration. You may opt out of this arbitration agreement by emailing info@sails.live with "Arbitration Opt-Out" in the subject line within 30 days of accepting these Terms.

16. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide at least 7 days' notice through an in-app notification. Your continued use of the Service after the changes become effective constitutes your acceptance of the new Terms.