FlipMole Terms of Service
Version 1.0 (draft) · Effective [EFFECTIVE DATE] · Last updated November 7, 2026
These Terms of Service ("Terms") are a binding agreement between you and [COMPANY LEGAL NAME], a [CORPORATION TYPE, e.g. corporation incorporated under the laws of Ontario], [CORPORATION NUMBER], with its registered office at [REGISTERED ADDRESS] ("FlipMole", "we", "us"). They govern your use of the FlipMole website at [DOMAIN], the FlipMole web application, our application programming interfaces, and any related software, content and services (together, the "Service").
Please read Sections 4 (AI information), 5 (your transactions), 12 (disclaimers), 13 (limitation of liability), 14 (indemnity) and 16 (disputes) carefully. They limit our responsibility and set out how disputes are resolved. Nothing in these Terms removes rights you have under consumer protection laws that can't be waived (see Section 17).
1. Agreement and acceptance
1.1 How you accept. You accept these Terms by ticking the box confirming that you agree when you create an account, by signing in with Google or Apple after being shown these Terms, or by buying a subscription or additional analyses. If you use the Service for an organization, you confirm that you're authorized to accept these Terms for it, and "you" includes that organization.
1.2 Related documents. These Terms include, by reference, our Acceptable Use Policy and AI Information and Disclaimer Policy. Our Privacy Policy and Cookie Policy explain how we handle personal information; they aren't a contract you sign, but you acknowledge you've been given them. If documents conflict, these Terms prevail, except that the Privacy Policy prevails on how we handle personal information.
1.3 If you don't agree, don't create an account or use the Service.
1.4 Changes to these Terms. We may update these Terms. For material changes we'll give you at least [30] days' notice by email or in the Service before they take effect, unless a change is required sooner by law or to address security or abuse. Where the law requires your express agreement to a change, we'll ask for it, and you may decline and close your account instead (with a pro-rated refund of prepaid subscription fees for the unused period where the law requires one). Otherwise, continuing to use the Service after a change takes effect means you accept it. Each version is dated and kept, and we record which version you accepted.
2. Eligibility and accounts
2.1 Age and capacity. You must be at least 18 (or the age of majority where you live, if higher) and able to enter a binding contract. The Service isn't directed to children and we don't knowingly accept accounts from people under 18.
2.1A Where the Service is offered. FlipMole is offered only to people and businesses in Canada and the United States. You need a Canadian postal code or US ZIP code to use it, and it researches and compares Canadian and US marketplaces only. Don't use it from elsewhere; we don't market it outside Canada and the US. [Decided Nov 11, 2026: Canada and the US only. Counsel: confirm this wording and whether sign-ups from other countries should be refused outright.]
2.2 One person, one account. Accounts are personal. Business plans include team seats for named people; seats can't be shared between people. You may not create more than one account to obtain more free analyses, or to get around a suspension, limit or ban.
2.3 Accurate information. Give accurate registration information and keep your email address current. We may verify your email and require a working payment card on file.
2.4 Security. Keep your password confidential, use a strong password, and tell us promptly at [SUPPORT EMAIL] if you suspect unauthorized access. You're responsible for activity in your account unless it results from our breach of these Terms or our security obligations. You may not sell, transfer, rent or lend your account.
2.5 Restrictions for safety. We may restrict or suspend an account, require re-verification, or reset credentials where we reasonably suspect fraud, compromise, abuse or a security risk (see Section 15).
3. What FlipMole is, and what it isn't
3.1 What we provide. FlipMole is a software and information service. Depending on your plan and the features available at the time, it can help you analyze listings you submit or view (from screenshots, photos, pasted text or a link), identify items, estimate resale values, compare prices, calculate estimated costs, profit and return, flag possible risks, suggest negotiation wording and a maximum offer, track your purchases and sales, and send alerts. Some features described on our website may be in development or limited to certain plans or regions; the Service's current features are those available in your account.
3.2 What we are not. FlipMole is not: a marketplace; a seller, buyer, broker, agent or representative of any buyer or seller; an escrow or payment service for your purchases; an authentication, grading or appraisal service; a dealer or reseller; or a financial, investment, legal, tax or accounting adviser. We don't take part in, control or guarantee any transaction between you and anyone else, and we don't guarantee that any item is genuine, lawful to sell, available, or worth buying.
3.3 Third-party marketplaces. We are independent of Facebook Marketplace, Kijiji, Craigslist, eBay and any other marketplace or website ("Marketplaces"). They don't endorse or sponsor FlipMole. See Section 7.
4. AI-generated information and recommendations
4.1 How analyses are made. The Service uses artificial intelligence (including large language models provided by third parties), statistical methods, information you submit, publicly available information and web search results to produce outputs such as item identification, condition notes, comparable prices, resale estimates, cost and profit estimates, return on investment, sell-time estimates, scam and counterfeit indicators, negotiation wording, a maximum offer and a BUY / ASK / WATCH / AVOID or similar recommendation ("Outputs").
4.2 Outputs can be wrong. You acknowledge that, among other things: (a) AI can misread photographs, misidentify an item, brand, model, edition or condition, or miss damage; (b) comparable listings and sales may not truly be comparable, and asking prices aren't sale prices; (c) past prices may not reflect current or local market conditions; (d) listings may be incomplete, misleading, fraudulent or altered, including their photos; (e) scam, counterfeit and stolen-goods indicators are signals, not findings, and many problems won't be detected; (f) estimated demand and sell times don't mean an item will sell, or sell at that price; (g) cost, fee, tax, shipping and moving estimates rely on assumptions and settings that may not match your situation, and may leave out costs we can't know; and (h) actual results can differ substantially from any estimate.
4.3 Your verification. Outputs are information to help you decide; they are not advice, an appraisal, an authentication, a guarantee or a promise. Before you contact a seller, buy, sell, ship or spend money, you must use your own judgment and independently verify anything that matters to your decision, including identity, condition, authenticity, ownership, legality and value. You agree not to rely on Outputs as the sole basis for any purchasing, selling, financial or business decision.
4.4 AI-written text. Text the Service writes for you (such as messages to sellers or resale listings) is a draft. Review it and make sure it's accurate and lawful before you use it; you are the author of what you send or publish.
4.5 More detail is in our AI Information and Disclaimer Policy.
5. You're responsible for your transactions
5.1 You alone decide whether to contact a seller, make an offer, buy, resell, list, ship or keep any item, and you are solely responsible for: verifying the seller and the item; inspecting it; confirming authenticity, ownership and that it isn't stolen or recalled; confirming its condition and description; negotiating and paying; pickup, delivery, shipping and insurance; your own safety when meeting people; complying with each Marketplace's rules and with the law (including consumer, tax, licensing and safety laws, and any dealer registration rules, for example for motor vehicles); recording income and expenses and paying taxes; and dealing with any dispute with a buyer or seller.
5.2 To the extent the law allows, FlipMole is not responsible for losses or harm arising from your dealings with others, including fraudulent or no-show sellers, cancelled or failed transactions, counterfeit, stolen, defective, unsafe or misdescribed items, shipping or pickup problems, items you can't resell or resell at a loss, and Marketplace account actions. This doesn't limit any liability we can't lawfully exclude (Section 17).
6. Acceptable use
6.1 You must use the Service lawfully and in line with our Acceptable Use Policy, which forms part of these Terms. In short, you may not use the Service: for anything illegal, fraudulent or deceptive; to buy, sell or promote stolen, counterfeit or prohibited goods; to break a Marketplace's terms or technical limits; to scrape, crawl or automate access to the Service or to third-party sites through the Service; to circumvent usage limits, analysis limits, free allowances, plans or security; to reverse engineer, copy or extract our software, models, prompts or data; to harass or harm anyone or collect personal information without authority; or to infringe anyone's rights.
6.2 Free allowances. Free analyses are limited to one allowance per person, email inbox, payment card and device. Creating or using additional accounts, email aliases or cards to obtain more free analyses breaches these Terms; we may remove the additional allowances, charge for analyses obtained this way where permitted, and suspend the accounts.
7. Marketplaces and third-party sites
7.1 Marketplaces control their own sites, listings, data, rules and accounts. Their content can change, be removed, be delayed or be wrong. We don't guarantee access to, or the availability, accuracy or completeness of, any Marketplace data, and Marketplaces may change their technology or restrict access at any time, which may affect the Service.
7.2 You must follow each Marketplace's terms. Nothing in the Service authorizes you to break them, and you must not use the Service to scrape, automate, bulk-collect, bypass rate limits, logins or technical measures, or otherwise access a Marketplace in a way its terms prohibit. We don't guarantee that any Marketplace permits any particular use, and you are responsible for any action a Marketplace takes against your account.
7.3 Links to third-party sites are for convenience; we don't control or endorse them.
8. Your content and our intellectual property
8.1 Your content. "Your Content" means what you submit to the Service: listing text, photos and screenshots, notes, documents and receipts, saved searches, prices and settings, messages and feedback. You keep any rights you have in it. You confirm you have the rights and permissions needed to submit and use it (for example, to upload a seller's listing photos for your personal evaluation) and that it doesn't break the law or anyone's rights.
8.2 Licence to us. You grant FlipMole a non-exclusive, worldwide, royalty-free licence, for as long as needed for these purposes, to host, store, copy, process, analyze, transmit and display Your Content, and to share it with our service providers (including AI providers) acting for us, only as reasonably necessary to provide, secure, maintain, support and improve the Service and to do what you ask. We don't sell Your Content or use it for unrelated purposes. We may use aggregated or de-identified information that doesn't identify you or your listings to improve the Service and produce statistics.
8.3 Third-party material. Listings, photos, descriptions, trademarks and product names belong to their owners. FlipMole doesn't claim ownership of them and your use of them is your responsibility. If you believe material in the Service infringes your rights, contact [LEGAL EMAIL]; we'll review notices in line with applicable law (including the Copyright Act (Canada) notice-and-notice regime and, where applicable, the US DMCA).
8.4 Our property. The Service, including its software, design, text, graphics, logos, the FlipMole name and mole mark, databases, models, prompts and the Outputs' format, belongs to FlipMole or its licensors and is protected by law. We give you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service under these Terms during your subscription. You may use Outputs for your own buying and reselling; you may not resell, publish in bulk, or use Outputs or the Service to build a competing product or dataset.
8.5 Feedback. If you send ideas or feedback, we may use them without obligation to you.
9. Plans, payments, analyses and renewals
9.1 Plans. We offer a Free plan and paid subscription plans (currently Starter, Premium and Business), billed monthly or yearly, each with a set number of AI analyses a month and the features described on our Pricing page at the time you buy. Prices are shown in US dollars by default, or in Canadian dollars if you choose, and are exclusive of applicable taxes, which are added at checkout where required.
9.2 Card on file. To use the Service you must keep a valid payment card on file with our payment processor, Stripe. Stripe checks the card with your bank when you add it (it isn't charged until you buy something). FlipMole doesn't receive or store your full card number. If your card is removed or expires, analyses pause until you add a new one.
9.3 Automatic renewal. Paid plans renew automatically at the end of each billing period (monthly or yearly) at the then-current price for your plan, using your card on file, until you turn auto-renew off. You can turn auto-renew off at any time, online, in Manage account → Subscription. If you do, your plan continues to the end of the period you've paid for and then ends; no further charges are made. [We'll send a reminder before an annual plan renews, and any other renewal notices required where you live.]
9.4 Analyses. One full check of one listing counts as one analysis; what else counts, and what is free, is shown in the Service (Help and Billing) and before you confirm an action. Your plan's included analyses refresh on your billing date each month (including on yearly plans) and unused included analyses don't roll over. You can also buy additional analyses: a one-time purchase, added after payment is confirmed, used only after the month's included analyses, and not expiring while your account remains open. Additional analyses you earn or are given (for example through a referral) work the same way unless we say otherwise when they're added. Analyses have no cash value and can't be transferred, sold or exchanged, except where the law requires otherwise. If an analysis doesn't complete because of a problem on our side, it is returned automatically, within the limits described in the Service to prevent abuse.
9.5 Changing plans. Upgrades take effect immediately and you're charged a pro-rated amount for the rest of the current period. Downgrades take effect at the next renewal. Plan features and allowances are those of the plan in effect.
9.6 Failed payments. If a renewal payment fails, Stripe may retry it. While payment is outstanding your included monthly analyses are paused (additional analyses still work). If payment isn't made, your plan may end and your account may move to the Free plan.
9.7 Refunds. Except where required by law or stated here, fees and purchases of additional analyses are non-refundable once the billing period has started or the analyses have been added, and partially used periods aren't refunded when you turn off auto-renew. If a purchase of additional analyses is refunded, the unused ones from it are removed. This doesn't affect any right you have by law to cancel and get a refund (for example, rights under Canadian provincial consumer protection laws where a required disclosure wasn't given, and under US state laws on automatic renewals). [Optional goodwill policy: [ ].]
9.8 Price and plan changes. We may change prices, allowances, features and additional-analysis packages. A price shown crossed out beside a plan is that plan's regular price; the price you pay is the one shown at checkout. Price increases for an existing subscription take effect at your next renewal after at least [30] days' notice; you can turn off auto-renew before then. Changes don't affect additional analyses you've already bought.
9.9 Taxes. Prices exclude sales taxes (such as GST/HST/PST/QST or US sales tax), which we collect where required. You're responsible for taxes on your own buying and reselling activity.
9.10 Chargebacks. If you dispute a charge with your bank instead of contacting us, we may suspend the account while it's resolved.
10. Third-party services
The Service relies on third-party providers, including Stripe (payments), Anthropic (AI models and web search used in analyses), Google and Apple (optional sign-in), Have I Been Pwned (checks whether a new password appears in known breaches, using only a partial hash), [HOSTING PROVIDER] (hosting), and [EMAIL PROVIDER] (email). These providers operate under their own terms, may change or experience outages, and are outside our control. Your use of a provider's own services (for example, your Google account) is governed by its terms.
11. Changes, availability and support
11.1 We may add, change or remove features, supported sites, data sources, analysis methods, limits and integrations, and may suspend the Service for maintenance, security, legal or operational reasons. We'll try to give reasonable notice of material reductions in a paid plan's features; where a change materially reduces what you've paid for, you may cancel and receive a pro-rated refund of prepaid fees for the unused period.
11.2 We don't promise the Service will be uninterrupted, error-free, delivered within a particular time, or that alerts will arrive instantly or before other buyers act.
11.3 Support is provided by email at [SUPPORT EMAIL] on a reasonable-efforts basis.
12. Disclaimers
To the maximum extent permitted by law, the Service and all Outputs are provided "as is" and "as available". FlipMole and its licensors and providers disclaim all warranties, conditions and representations, express, implied or statutory, including those of merchantability, merchantable quality, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, availability, security, compatibility, and that the Service will be uninterrupted or error-free, or that any Output, estimate, value, profit or recommendation will be correct or achieved. This doesn't exclude any warranty, guarantee or condition that can't lawfully be excluded (Section 17).
13. Limitation of liability
13.1 Excluded losses. To the maximum extent permitted by law, FlipMole and its affiliates, directors, officers, employees, contractors, licensors and service providers (the "FlipMole Parties") won't be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, opportunity, goodwill, anticipated savings or data, business interruption, or the cost of substitute goods or services, however caused and on any theory of liability, even if advised of the possibility. Without limiting this, and to the same extent, the FlipMole Parties won't be liable for losses arising from: your purchasing, reselling or business decisions; inaccurate or incomplete Outputs, data or third-party information; your dealings with sellers, buyers or Marketplaces, or a Marketplace's actions on your account; alerts or opportunities that are missed or late; third-party outages; or your breach of these Terms or the law.
13.2 Cap. To the maximum extent permitted by law, the FlipMole Parties' total aggregate liability for all claims relating to the Service or these Terms is limited to the greater of (a) the fees you paid to FlipMole in the 12 months before the event giving rise to the claim and (b) US $100 (or the equivalent in your billing currency).
13.3 What isn't limited. Sections 13.1 and 13.2 don't limit liability for fraud or fraudulent misrepresentation, gross negligence or wilful misconduct, death or personal injury caused by negligence, or any other liability that can't be limited or excluded by law, and don't affect your statutory consumer rights (Section 17).
13.4 These limits allocate risk between you and us, are reflected in our prices, and apply even if a limited remedy fails of its essential purpose.
14. Indemnity
14.1 To the extent permitted by law, you'll indemnify and hold harmless the FlipMole Parties from and against third-party claims, and the resulting losses, damages, fines, penalties, costs and reasonable legal fees, to the extent they arise from: (a) your breach of these Terms or the Acceptable Use Policy; (b) your violation of law or of a Marketplace's terms; (c) your purchases, sales, listings and dealings with others, including any counterfeit, stolen, prohibited or misdescribed item; (d) Your Content, including any infringement or privacy claim about it; (e) your misuse of the Service, its Outputs or connected accounts, or unauthorized access through your account caused by your failure to keep it secure; or (f) harm you cause to a third party.
14.2 This indemnity doesn't apply to the extent a claim is caused by a FlipMole Party's own breach, negligence or misconduct, and if you're a consumer, it applies only to the extent permitted by the consumer protection laws that apply to you.
14.3 We'll notify you promptly of a claim (unless prohibited), let you control its defence with counsel reasonably acceptable to us (we may participate at our own cost), and reasonably cooperate at your expense. You won't settle a claim that imposes any obligation or admission on us without our written consent.
15. Suspension and termination
15.1 By you. You can stop using the Service, turn off auto-renew, or delete your account at any time in Manage account. Deleting your account cancels any subscription immediately and removes your data as described in our Privacy Policy; unused analyses are forfeited and no refund is due except as required by law.
15.2 By us. We may suspend or restrict all or part of your account, immediately where reasonably necessary, if we reasonably believe that: you've breached these Terms or the Acceptable Use Policy; there's fraud, illegal activity, Marketplace violations, abuse of analyses or free allowances, a chargeback, or a security risk; payment is overdue; or we must for legal reasons. We may terminate your account for serious or repeated breaches, or on [30] days' notice for any other reason, in which case we'll refund prepaid fees for the unused period. Where practical and lawful we'll tell you why and give you a chance to respond.
15.3 Effect. On termination your right to use the Service ends. If we terminate for your breach, unused analyses are forfeited and no refund is due except as required by law. Sections 4, 5, 7, 8.3–8.5, 9.7, 9.10, 12, 13, 14, 15.3, 16 and 18 survive.
16. Disputes and governing law
16.1 Talk to us first. Before starting a formal proceeding, send a written notice describing the dispute to [LEGAL EMAIL] and give us [30] days to try to resolve it informally. This doesn't stop either of us from going to small claims court or seeking urgent injunctive relief.
16.2 Governing law. These Terms are governed by the laws of the Province of [Ontario] and the federal laws of Canada applicable there, excluding conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. [CONFIRM: depends on where the company is incorporated and operates.]
16.3 Courts. Subject to Section 17, the courts of [Ontario, sitting in Toronto] have exclusive jurisdiction, and you and we submit to them.
16.4 No arbitration or class waiver (for now). These Terms don't require arbitration or contain a class action waiver. [Decision for counsel: these are generally unenforceable against consumers in Ontario and Quebec, and need careful drafting in the US. See open-questions.md.]
17. Your statutory rights (consumers)
If you're a consumer, you have rights under the laws of where you live that these Terms can't remove, and nothing in these Terms limits them. In particular: - Quebec: provisions that are inapplicable under the Consumer Protection Act (Quebec) don't apply to you, including any that exclude our liability for our own acts or those of our representatives. You may bring claims in Quebec courts. - Ontario and other provinces: any rights under the Consumer Protection Act, 2002 (Ontario) or similar provincial laws (including rights relating to internet agreements and to bring a claim in your province) apply despite these Terms. - United States: some states don't allow certain disclaimers or limitations, so some of Sections 12–13 may not apply to you, and you may have additional rights under state law.
18. General
18.1 Entire agreement. These Terms and the documents they reference are the entire agreement between you and us about the Service.
18.2 Severability. If any provision is held invalid or unenforceable, it'll be limited to the minimum extent necessary and the rest remain in effect.
18.3 No waiver. Our failure to enforce a provision isn't a waiver.
18.4 Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, reorganization or sale of assets, or to an affiliate, with notice to you.
18.5 Force majeure. We're not liable for delays or failures caused by events beyond our reasonable control, including outages of third-party providers, Marketplace changes, internet failures, natural disasters, war, labour disputes or government action.
18.6 Electronic communications. You agree to receive notices electronically, by email to your account address or in the Service. Notices to us go to [LEGAL EMAIL]. Transactional emails (verification, password, billing, security) aren't marketing; marketing emails are sent only with consent and include an unsubscribe link.
18.7 Language. These Terms are written in English. [If offered to Quebec consumers: a French version must be provided first and the parties' choice of English recorded; see open-questions.md.] Headings are for convenience.
18.8 Relationship. We're independent contractors; these Terms don't create a partnership, agency, fiduciary or employment relationship.
18.9 Export and sanctions. You may not use the Service where prohibited by Canadian, US or other applicable sanctions or export laws.
18.10 Contact. [COMPANY LEGAL NAME], [REGISTERED ADDRESS], [SUPPORT EMAIL].