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Sellary

Terms of Service

Effective date: March 10, 2026

These Terms of Service ("Terms") govern your access to and use of the Sellary platform, website, and services (collectively, the "Service") provided by Sellary ("Company," "we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. By using Sellary, you represent that you meet these requirements and that all information you provide is accurate and complete.

2. Account Registration

To use the Service you must create an account with a valid email address and a secure password. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access.

3. Description of Service

Sellary is a live-selling platform that enables sellers to run comment-to-claim sales on Facebook Live and Instagram Live. The Service includes real-time claim detection, inventory management, automated checkout link generation, shipping label creation, and related tools.

4. Subscription Plans and Billing

4.1 Plans

The Service is offered through subscription plans (Starter, Pro, and Business) with varying feature sets and usage limits as described on our Pricing page. Plan details, pricing, and limits may be updated from time to time with reasonable notice.

4.2 Free Trial

New accounts may receive a free trial period. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel before the trial expires.

4.3 Billing

Subscription fees are billed in advance on a monthly recurring basis through our payment processor, Stripe. Metered charges (such as shipping label fees) are billed at the end of each billing cycle based on actual usage. All fees are in US dollars and are non-refundable except as required by applicable law.

4.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until that date.

5. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable law
  • Sell counterfeit, illegal, or regulated goods without proper authorization
  • Interfere with or disrupt the Service, including through automated scraping, bots, or denial-of-service attacks
  • Impersonate another person or misrepresent your affiliation with any entity
  • Circumvent or attempt to circumvent usage limits, feature restrictions, or billing mechanisms
  • Use the Service to send unsolicited messages, spam, or harass other users or their customers
  • Reverse engineer, decompile, or attempt to extract the source code of the Service

We reserve the right to suspend or terminate your account for violations of these terms at our sole discretion.

6. Third-Party Integrations

The Service integrates with third-party platforms including Meta (Facebook and Instagram), Stripe, and Shippo. Your use of these integrations is subject to the respective third-party terms and policies. We are not responsible for the availability, accuracy, or conduct of third-party services. You authorize us to access and interact with these services on your behalf to the extent necessary to provide the Service.

7. Your Content and Data

7.1 Ownership

You retain ownership of all content, data, and materials you submit to the Service ("Your Content"), including product listings, images, and customer information.

7.2 License to Us

You grant us a limited, non-exclusive, worldwide license to use, store, process, and display Your Content solely to provide and improve the Service. This license terminates when you delete Your Content or close your account.

7.3 Responsibility

You are solely responsible for Your Content and your interactions with your customers, including the accuracy of product descriptions, pricing, fulfillment of orders, and compliance with consumer protection laws.

8. Customer Data and Privacy

When your buyers interact with Sellary (e.g., through checkout links), we collect certain information on your behalf. You are responsible for ensuring that your use of customer data complies with applicable privacy laws. See our Privacy Policy for details on how we handle personal data.

9. Intellectual Property

The Service, including its design, features, code, and documentation, is owned by Sellary and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our prior written consent.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLARY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Sellary and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

13. Modifications to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice within the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

14. Termination

We may suspend or terminate your access to the Service at any time for cause, including violation of these Terms, non-payment, or if required by law. Upon termination, your right to use the Service ceases immediately. We will make your data available for export for a reasonable period (at least 30 days) following termination.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

16. General Provisions

  • Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Sellary regarding the Service.
  • Severability. If any provision is found unenforceable, the remaining provisions remain in full force and effect.
  • Waiver. Failure to enforce any right or provision does not constitute a waiver of that right or provision.
  • Assignment. You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.

17. Contact

If you have questions about these Terms, contact us at legal@sellary.live.