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Terms of Service

By signing up for a Trendful Admin Account (as defined in Section 1) or by using any Trendful Services (as defined below), you are agreeing to be bound by the following terms and conditions (the "Terms of Service").

As used in these Terms of Service, "we", "us" and "Trendful" means the applicable Trendful Contracting Party (as defined in Section 4 below).

The services offered by Trendful under the Terms of Service include various products and services to help you buy pre-owned goods from sellers, whether online ("Online Services") by enabling you to customize and launch your own Resale App that enables your sellers (customers) to sell their pre-owned products, in-person ("In-Person Services"), or both. Any such services offered by Trendful are referred to in these Terms of Services as the "Services". Any new features or tools which are added to the current Services shall also be subject to the Terms of Service. Trendful reserves the right to update and change the Terms of Service by posting updates and changes to the Trendful website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. If you do not accept such amendments, you must cease using the Services.

You must read, agree, and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Trendful's Acceptable Use Policy ("AUP") and Privacy Policy before you may sign up for a Trendful Admin Account or use any Trendful Service.

Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Trendful or any Trendful services, you are agreeing to these terms. Be sure to check back for updates.

1. Trendful Admin Account Terms

1.1. To access and use the Services, you must first register for a Trendful Admin account (“Account”) by providing your full legal name, current mailing address, phone number, valid email address, and any other information indicated as required. Trendful may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.

1.2. You must be the older of : (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

1.3. You confirm that you are receiving any Services provided by Trendful for the purposes of carrying on a business activity and not for any personal, household, or family purposes.

1.4. You acknowledge that Trendful will use the email address you provide on opening an Account or as updated by you from time to time as the primary method of communication with you. You must monitor the primary Account email address you provide to Trendful and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Trendful can only be authenticated if they come from your primary Account email address.

1.5. You are responsible for keeping your password secure. Trendful cannot be liable for any loss or damage from your failure to maintain the security of your Account and password.

1.6. You acknowledge that you are responsible for the operation of your reselling business.

1.7. Trendful is not a marketplace. Any contract of purchase through your Resale App or Trendful Admin Account is directly between you and the seller.

1.8. You are responsible for all activity and content such as photos, images, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted, or exhibited on or in connection with your Account (“Materials”).

1.9. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Trendful may result in an immediate termination of your Services.

2. Trendful Admin Account Activation

2.1. Store Owner

       2.1.1. Subject to section 2.1.2. the person signing up for the Services by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service.

       2.1.2. If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

       2.1.3. Your Trendful Admin Account and Resale App can only be associated with one Store Owner.

2.2. Staff Accounts

       2.2.1. Based on your Trendful subscription plans, you can create a certain number of staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can prevent Staff Account access from initiating payouts or changing general account settings).

       2.2.2. The Store Owner is responsible and liable for the acts, omissions, and defaults arising from the use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions, or defaults.

       2.2.3. The Store Owner and the users under Staff Accounts are each referred to as a “Trendful User”.

2.3. Trendful Payouts

       2.3.1. Upon completion of sign up for the Service, you will be able to payout your sellers (customers) directly from your Trendful Admin Account.

       2.3.2. By using Trendful’s Payout Service you are agreeing to the Trendful Payouts Terms of Service. If you do not accept the Trendful Payouts Terms of Service do not use Trendful’s Payout Service.

       2.3.3. If you do not use Trendful’s Payout Service then it is your responsibility to payout your seller (customer) for the pre-owned product(s). Trendful will not be liable for any unpaid payout due to your sellers (customers).

3. General Conditions

3.1. You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP, the Privacy Policy, and if you operate an E.U. based Store, the EU Terms, before you may become a Trendful User.

3.2. Technical support in respect of the Services is only provided to Trendful Users.

3.3. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Florida.

3.4. You acknowledge and agree that Trendful may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Trendful’s website and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Trendful’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the service. If the EU Terms apply to your Store, then amendments to these Terms of Service will be provided in accordance with the EU Terms.

3.5. You may not use the Trendful Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the State of Florida. You will comply with all applicable laws, rules, and regulations in your use of the Service and your performance of obligations under the Terms of Service.

3.6. The Trendful API License and Terms of Use govern your access to and use of the Trendful API (as defined therein). You are solely responsible for the activity that occurs using your API Credentials (as defined in the API Terms) and for keeping your API Credentials secure.

3.7. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Trendful.

3.8. You shall not purchase search engine or other pay-per-click keywords (such as Google Ads), or domain names that use Trendful or Trendful trademarks and/or variations and misspellings thereof.

3.9. Questions about the Terms of Service should be sent to Trendful Support. 

3.10. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

3.11. You acknowledge and agree that your use of the Services, including information transmitted or stored by Trendful, is governed by its Privacy Policy.

3.12. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Trendful’s Term of Service available in another language, the most current English version of the Terms of Service will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Trendful (acting in its sole discretion) or as required by applicable law.

3.13. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns, and legal representatives. Trendful shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Trendful’s prior written consent, to be given or withheld in Trendful’s sole discretion.

3.14. If any provision, or portion of the provision, in these Terms of Service, is, for any reason, held to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality, or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

4. Trendful Contracting Party

4.1. “Trendful Contracting Party” means Trendful Inc., a United States corporation, located at 16497 Acoustic Loop, Land O Lakes, FL 34638.

4.2. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Florida with respect to any dispute or claim arising out of or in connection with the Terms of Service.

5. Trendful Rights

5.1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction.

5.2. We reserve the right to refuse service to anyone for any reason at any time.

5.3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted violate our Acceptable Use Policy (“AUP”) or these Terms of Service.

5.4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Trendful client, Trendful employee, member, or officer will result in immediate Account termination.

5.5. Trendful does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.

5.6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Trendful employees and contractors may also be Trendful clients and they may compete with you, although they may not use your Confidential Information (as defined below in Section 6) in doing so.

5.7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.

5.8. Trendful retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Trendful reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

6. Confidentiality

6.1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software (including Trendful Admin, APIs, Resale App, and Price Database), client lists, prospective client lists, names, addresses, and other information regarding clients and prospective clients, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans, and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Trendful’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.

6.2. Each party agrees to use the party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure, or use of any such Confidential Information, other than (i) by or to its employees, agents, and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without the use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

7. Warranties & Limitation of Liability

7.1. Trendful warrants that the Services shall, during the term of the Agreement, perform substantially in accordance with the Subscription Plan’s guidelines, provided that Trendful’s liability for breach of such warranty shall be limited as set forth in this Agreement. If, during the term of the Agreement, you report to Trendful in writing any defect in the Services and Trendful fails to correct such material defect within thirty (30) days, you may terminate the Agreement in accordance with the provisions of Section 21, below. THIS EXPRESS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7.2. EXCEPT FOR THE LIMITED WARRANTIES CONTAINED IN SECTION 7.1, THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” USE OF THE SERVICES ARE AT YOUR OWN RISK. TRENDFUL DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES OR ANY OTHER SERVICES PROVIDED BY TRENDFUL, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, LACK OF VIRUSES, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS PROVIDED IN SECTION 7.1, ABOVE, TRENDFUL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY RELATING TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, ACCURACY, OR COMPLETENESS OF THE SERVICES, ANY DATA, INFORMATION, RECORD, OR RESULTS OBTAINED THROUGH OR RESULTING FROM THE USE OF THE SOFTWARE OR THE ACCURACY OF THE INFORMATION OR OTHER CONTENT, FOR ANY PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, TRENDFUL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (2) THE SERVICES WILL BE ERROR-FREE, OR (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED.

7.3. You expressly understand and agree that, to the extent permitted by applicable laws, Trendful shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.

7.4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRENDFUL’S LIABILITY TO YOU ARISING FROM THIS TERMS OF SERVICE OR THE USE OF THE SERVICES SHALL BE LIMITED TO YOUR DIRECT DAMAGES, BUT AND IN NO EVENT WILL TRENDFUL BE LIABLE FOR ANY AMOUNTS IN EXCESS OF THE AMOUNTS ACTUALLY RECEIVED BY TRENDFUL PURSUANT TO THIS TERMS OF SERVICE. YOU HEREBY ACKNOWLEDGE THAT TRENDFUL SHALL NOT BE LIABLE TO YOU FOR ANY OTHER DAMAGES, INCLUDING  BUT NOT LIMITED TO ECONOMIC, EMOTIONAL, SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION-BASED UPON CONTRACT, EQUITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY (INCLUDING BREACH OF WARRANTY) ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OR PERFORMANCE OF OR INABILITY TO USE THE SERVICES OR ANY ERROR, OMISSION OR INACCURACY CONTAINED IN, ANY DATA, INFORMATION, RECORD OR RESULTS OBTAINED THROUGH OR RESULTING FROM THE USE OF THE SERVICES OR FROM ANY LOSS OR CORRUPTION OF DATA, EVEN IF TRENDFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TRENDFUL BE LIABLE FOR DAMAGES FOR LOSS OF USE, FOR DELAY, LOSS OF BUSINESS, LOSS OF REVENUE, PROFITS OR SAVINGS, BUSINESS INTERRUPTION LOSS, LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF PRIVACY, AND LOSS OF GOODWILL, AND LIABILITY TO THIRD PARTIES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATED TO THE USE OR PERFORMANCE OF OR INABILITY TO USE THE SERVICES OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OR INABILITY TO USE ANY DATA, INFORMATION, RECORD OR RESULTS OBTAINED THROUGH OR RESULTING FROM THE USE OF THE SOFTWARE, ANY LOSS OR CORRUPTION OF DATA, OR ARISING FROM ANY FAILURE TO MEET ANY DUTY, INCLUDING ANY DUTY OF GOOD FAITH OR TO EXERCISE COMMERCIALLY REASONABLE CARE. YOU ACKNOWLEDGE THAT IT IS WAIVING ANY RIGHTS IT MAY HAVE UNDER ANY LAWS WHATSOEVER TO BRING ANY CLAIM OR SEEK ANY REMEDY, EITHER DIRECTLY OR INDIRECTLY, AGAINST TRENDFUL FOR ANY ACTION MENTIONED IN THIS SECTION.

7.5. Your use of the Services is at your sole risk. The Services are provided on an “as-is” and “as available” basis without any warranty or condition, express, implied, or statutory.

7.6. Trendful does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

7.7. Trendful does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

7.8. Trendful is not responsible for any of your tax obligations or liabilities related to the use of Trendful’s Services.

8. Notices

All notices required or made pursuant to this Terms of Service to be given to you shall be given in writing either by way of the United State Postal Services, first-class postage prepaid, or through email to the address of record.

Trendful’s email address: contact@trendful.com

**Trendful’s mail address: **Trendful Inc Attn: Jacquelyn de la Parte 16947 Acoustic Loop Land O Lakes, FL 34638

9. Default Provisions

9.1. Either party shall be in default of this Terms of Service if it:

       9.1.1. fails to perform or observe according to its terms any covenant contained in this Terms of Service or any other instrument or document executed in connection with this Terms of Service; or

       9.1.2. shall cease business as a going concern, make an assignment for the benefit of creditors, or file or has filed against it a petition for bankruptcy.

9.2. If either party is in default, the non-defaulting party shall have the right to exercise concurrently or separately, and without any election or remedies to be deemed made, the following remedy, provided that the non-defaulting shall have provided the defaulting party with at least thirty (30) days written notice prior to taking such action and the defaulting party has not cured such default by the end of such period:

       9.2.1. Termination of the Agreement.

10. Rights to Injunctive Relief

Both parties acknowledge that the remedies at law may be inadequate to provide Trendful or the You with full compensation in the event of the Your’s or Trendful’s material breach of any provisions of this Terms of Service concerning confidentiality or limitations on the use of the Services and that Trendful or You shall therefore be entitled to seek injunctive or other equitable relief, including specific performance in the event of any such material breach.

11. Governing Law & Waiver of Jury Trial

11.1. The validity, construction, interpretation, and performance of these Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida except as to its principles of conflicts of laws, and the parties hereto irrevocably submit to the exclusive jurisdiction and venue of the courts of the State of Florida to resolve any disputes arising hereunder or related hereto, and hereby further irrevocably waive any claim that such suit, action or proceeding in any court has been brought in an inconvenient forum. Any claim allowed to be brought pursuant to the terms of these Terms of Service shall be brought solely in the United State District Court for the Middle District of Florida, Tampa Division, or Circuit Court for the Thirteenth Judicial Circuit of Florida, Tampa Division.

11.2. Each party, as a condition of its right to enforce or defend any right or in connection with these Terms of Service, waives any right to a trial by jury in any action to enforce or defend any right under these Terms of Service and agrees that any action shall be tried before a court and not before a jury.

12. Waiver of Breach

No waiver of breach or failure to exercise any option, right, or privilege under the Terms of Service on any occasion or occasions shall be construed to be a waiver of the same or any other option, right, or privilege on any other occasion.

13. Severability

If any of the provisions of these Terms of Service shall be invalid or unenforceable under the laws of the jurisdiction where enforcement is sought, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Terms of Service, but rather a valid enforceable provision as similar as possible in application to the invalid or unenforceable provision shall be deemed substituted in lieu thereof, and the rights and obligations of Trendful and You shall be construed and enforced accordingly, with the remaining terms, provisions, covenants, and restrictions of these Terms of Service to remain in full legal force and effect in accordance with their provisions. The headings used in these Terms of Service are for convenience only and shall not be used in interpreting or construing the meaning of these Terms of Service.

14. Dispute Resolution

If a dispute arises out of or relates to these Terms of Service or the breach thereof, the parties agree to submit the dispute to a mediator selected by the parties or, if the parties are unable to agree on a mediator, the parties agree to submit the dispute to mediation under the rules of the American Arbitration Association (AAA). The mediation rules of the AAA shall govern any dispute between the parties to these Terms of Service. If the dispute is not resolved through mediation within sixty (60) days of the initiation of the dispute resolution process, either party may pursue any right or remedy it may have in law or in equity.

15. Intellectual Property

15.1. We do not claim any intellectual property rights over the Materials you provide to the Trendful Service. All Materials you upload to your Trendful Admin Account remain yours. You can remove your Trendful Admin Account at any time by deleting your Account. 

15.2. By uploading Materials, you agree: (a) to allow Trendful to store, and in the case of Materials you post publicly, display and use your Materials; and (b) that Trendful can, at any time, review, and delete all the Materials submitted to its Service, although Trendful is not obligated to do so. 

15.3. You retain ownership over all Materials that you upload to the Store. You are responsible for compliance of the Materials with any applicable laws or regulations. 

15.4. Trendful shall have the non-exclusive right and license to use the names, trademarks, service marks, and logos associated with your Store to promote the Service. 

15.5. You acknowledge and agree that: (i) the Services and any Beta Services, including without limitation any associated software, APIs, documentation, applications, tools, and products, and any modifications, enhancements, and updates thereto, and all intellectual property rights therein (collectively, “Trendful IP”) are exclusively owned by Trendful; (ii) the Trendful IP contains valuable copyrighted material and is protected by United States Copyright Law; (iii) subject to your compliance with these Terms of Service, Trendful grants you a limited, non-exclusive, revocable, non-sublicense, non-transferable license to access and use the Trendful IP, solely for the purposes of using the Services in compliance with the Terms of Service, and (iv) You have no rights in the Trendful IP, other than the rights and licenses granted herein. 

15.6. The trade names, trademarks, service marks, trade dress, and logos (collectively “Marks”) of each party, its parent or affiliates are the exclusive property of such party and, except as otherwise provided in these Terms of Service, the other party shall not use such Marks or any abbreviation or adaptation thereof for any purposes without the prior written consent of the party who owns such Marks. You hereby grant Trendful a non-exclusive right and license to use your Marks to promote the Services, which includes the right to publicly identify you as a Client of Trendful. Each party acknowledges that all use of the other party’s Marks shall inure to the benefit of and be on behalf of the party owning such marks.

16. Resale App Services

In addition to the terms applicable to the Services generally, the following terms apply to your access and use of the Resale App Services. The Resale App Services includes the customizable Resale App software that is integrated onto your website, access to the Trendful pricing and shipping functionality, Instant pricing technology, documentation, tools, internet-based services, and components, and any and all updates, add-ons, and enhancements thereto provided to you by Trendful. 

16.1. Access to and use of the Resale App Services requires you to have an active and valid Trendful Admin Account and the Trendful Pro subscription plan.

16.2. All offers received from the Resale App will be synced automatically with your Trendful Admin Account.

16.3. You can terminate your Resale App Services without terminating your Trendful Admin Account, you will continue to be billed, and will pay for, the Services (other than the terminated Resale App Services). 

16.4. You agree to use the Resale App Services in accordance with all procedures that may be provided by Trendful from time to time.

16.5. You agree to pay any shipping fees accrued from your sellers (customers) using the Resale App as part of the Resale App Services.

17. Price Database Services

17.1. In addition to the terms applicable to the Services generally, the following terms apply to your access and use of the Price Database Services. The Price Database Services includes the pricing software, documentation, tools, internet-based services, and components, and any and all updates, add-ons, and enhancements thereto provided to you by Trendful.

17.2. Access to and use of the Price Database Services requires you to have an active and valid Trendful Admin Account and at least the Trendful Premium subscription plan. 

17.3. You agree to use the Price Database Services in accordance with all procedures that may be provided by Trendful from time to time.

18. Trendful Shipping

18.1. You can purchase shipping labels within your Trendful Admin Account for the delivery of pre-owned goods from your sellers (customers). In addition to these Terms of Service, your access to and use of Trendful Shipping is subject to the Trendful Shipping Terms of Service.

18.2. You will pay for any and all accrued shipping fees from shipping labels generated within your Trendful Admin Account as well as shipping labels automatically generated from your Resale App.

18.3. You will be invoiced at the end of each month for your accrued shipping fees for that month and will be charged to the authorized card on file.

20. Payment of Fees

20.1. You will pay the Fees applicable to your subscription to Online Services (“Subscription Fees”) and other applicable fees, including but not limited to applicable fees relating to Trendful Shipping (“Shipping Fees”), and fees relating to the value of offers made through your Store when using Trendful Payouts (“Payout Transaction Fees”). Together, the Subscription Fees, Shipping Fees, and Payout Transaction Fees are referred to as the “Fees”.

20.2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Trendful will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Trendful will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. 

20.3. Subscription Fees are paid in advance and will be billed in 30-day intervals (each such date, a “Billing Date”). Payout Transaction and Shipping Fees will be charged from time to time at Trendful’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the email provided. As well, an invoice will appear on the Account page of your Trendful Admin Account. 

20.4. If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your Resale App during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Trendful reserves the right to terminate your Account.

20.5. You must maintain an accurate location in the settings section of your Trendful Admin Account. If you change jurisdictions you must promptly update your location.

20.6. Trendful does not provide refunds.

21. Cancellation and Termination

‍21.1. You may cancel your Account and terminate the Terms of Service at any time by contacting Trendful Support and then following the specific instructions indicated to you in Trendful’s response. 

21.2. Upon termination of the Service by either party for any reason: 

       21.2.1. Trendful will cease providing you with the Services and you will no longer be able to access your Trendful Admin Account and Price Database;

       21.2.2. Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro-rata or otherwise;

       21.2.3. Any outstanding balance owed to Trendful for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

       21.2.4. Your Trendful Resale App will be taken off your website.

21.3. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

21.4. We reserve the right to modify or terminate the Trendful Service, the Terms of Service, and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.

21.5. Fraud: Without limiting any other remedies, Trendful may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.

22. Modifications to the Service and Prices

22.1. Prices for using the Services are subject to change upon 30 days notice from Trendful. Such notice may be provided at any time by posting the changes to the Trendful Site (trendful.com) or the home page within your Trendful Admin Account via an announcement.

22.2. Trendful reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).

22.3. Trendful shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

23. Beta Service

From time to time, Trendful may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all clients (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Trendful will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Trendful Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Trendful’s prior written consent. Trendful makes no representations or warranties that the Beta Services will function. Trendful may discontinue the Beta Services at any time in its sole discretion. Trendful will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Trendful may change or not release a final or commercial version of a Beta Service in our sole discretion.

24. Feedback and Reviews

Trendful welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion, or related material or any review of the Services, Third-Party Services, or any Third-Party Provider (collectively, “Feedback”) to Trendful be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Trendful (whether submitted directly to Trendful or posted on any Trendful hosted forum or page), you waive any and all rights in the Feedback and that Trendful is free to implement and use the Feedback if desired, as provided by you or as modified by Trendful, without obtaining permission or license from you or from any third party. Any reviews of a Third-Party Service or Third-Party Provider that you submit to Trendful must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Trendful reserves the right (but not the obligation) to remove or edit Feedback of Third-Party Services or Third-Party Providers, but does not regularly inspect posted Feedback.‍

25. Rights of Third Parties

Save for Trendful and its affiliates, Trendful Users or anyone accessing Trendful Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.

26. Privacy & Data Protection

Trendful is firmly committed to protecting the privacy of your personal information and the personal information of your sellers (customers). By using the Service, you acknowledge and agree that Trendful’s collection, usage, and disclosure of this personal information is governed by our Privacy Policy.

Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, Trendful’s collection and use of personal information or any European residents are also subject to our Data Processing Addendum.

27. Entire Agreement; Oral Modification Void

These Terms of Service contains the entire agreement between Trendful and you relating to the subject matter hereof. No representative of Trendful or any affiliate thereof has any authority to make any oral modifications to these Terms of Service. You warrant and represent that in entering into these Terms, it has not relied upon any representative made by on the behalf of Trendful not expressly contained in writing in these Terms of Service.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THE TERMS OF SERVICE IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN TRENDFUL AND YOU AND THAT IT SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS, NEGOTIATIONS, DISCUSSIONS, AND RELATING TO THE SUBJECT MATTERS OF THE TERMS OF SERVICE

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