Terms of Service

1. Agreeing to these terms

Using Sellsmith means you accept these terms. You must be 18 or older.

When you create an account, buy credits, or use the Service in any way, you agree to these terms and to our Privacy Policy. If you do not agree, please do not use the Service.

You must be at least 18 years old, or the age of majority where you live. If you use Sellsmith for a business, you confirm you are allowed to accept these terms on its behalf.

2. What Sellsmith does

You upload a photo, the AI writes a draft listing. We do not sell your items or work with any marketplace.

You upload a photo of an item, and Sellsmith uses AI to generate suggested listing content. That can include a title, description, price range, category, condition, and hashtags meant for marketplaces such as eBay, Poshmark, Mercari, and Depop.

What you get back is a draft to help you list faster. Sellsmith is not affiliated with, endorsed by, or partnered with any marketplace. We do not list, sell, or ship items for you, and we are not part of any sale between you and a buyer.

3. Your account

Keep your login safe. You are responsible for what happens on your account. One account per person.

You need an account to use most of the Service. Sign-up and login are handled by our authentication provider, Clerk. Please give accurate information and keep your login details secure. Anything done through your account is your responsibility, so tell us promptly if you think someone else is using it.

Use one account per person. Creating extra accounts to collect more free credits is not allowed and can lead to suspension.

4. Credits, payment, and refunds

One credit equals one listing. New accounts get 3 free. Packs are one-time payments. Purchases are generally final, but contact us if something breaks.

Sellsmith runs on credits. One credit is used each time the Service generates a listing for you. Every new account gets 3 free credits. Free credits carry no cash value and may be changed or removed for future users at any time.

When your credits run out, you can buy more by purchasing a prepaid credit pack. A pack is a single one-time payment, not a subscription. We do not bill you on a recurring basis. Payments are processed by Stripe, our payment processor, so your purchase is also subject to Stripe's terms. We do not receive or store your full card details.

Prices are shown at checkout and can change over time. Credits are tied to your account and cannot be transferred. Because credits unlock a digital service that is delivered right away, purchases are generally final and non-refundable.

If something goes wrong, for example you were charged but credits were not added, or a credit was spent and the Service produced no output, email us at protoniskis@proton.me and we will look into it in good faith. None of this limits any refund rights you have under the consumer law that applies to you.

5. Acceptable use

Use Sellsmith honestly and legally. Do not upload content you do not own and do not abuse the Service.

When you use Sellsmith, you agree not to:

• Upload photos or content you do not have the right to use, or that infringe someone else's intellectual property or privacy.
• Create listings for counterfeit, stolen, illegal, or prohibited items, or for anything you plan to misrepresent to buyers.
• Upload unlawful, hateful, harassing, or sexually exploitative content, or images of other people without their consent.
• Break, overload, reverse engineer, scrape, or get around the Service, its rate limits, or its security.
• Resell, sublicense, or repackage the Service itself as your own product.
• Use the Service in any way that breaks the law or the rules of the marketplace where you post.

6. The AI output is a draft, and your listings are yours

AI output can be wrong. You must check and fix every listing before you post it. What you publish is your responsibility.

Sellsmith uses Google Gemini, a third-party AI model, to generate listing text from your photo. AI output can be wrong, incomplete, or misleading. Suggested prices, brands, materials, categories, condition, measurements, and other details are estimates. They are not guaranteed to be accurate or right for your specific item.

You are responsible for everything you post. Before you publish a listing, review and correct the generated content so it is accurate, honest, and follows the rules of your marketplace. Sellsmith is a drafting aid, not a replacement for your own judgment. We are not responsible for listings you publish, sales you make, prices you set, returns, disputes, action a marketplace takes against you, or any other outcome of using the output.

7. Who owns what

Your photos stay yours. You can use the listing text we generate. The Sellsmith brand and software are ours.

You keep all rights to the photos you upload. You give Sellsmith a limited license to process those photos for the single purpose of generating your listing content and running the Service. As described in our Privacy Policy, uploaded photos are not stored after a listing is generated.

You may use the listing text generated for you in your own reselling. Be aware that AI-generated text may not qualify for copyright protection and that similar output may be generated for other users. The Sellsmith name, logo, software, and design belong to us and may not be copied or used without permission.

8. No warranties

Sellsmith is provided as is. We cannot promise it will be error-free or always available.

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, 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, or that the generated content will be accurate, complete, or fit for any particular use. You use the Service and its output at your own risk.

9. Limits on our liability

If something goes wrong, our liability is capped at what you paid us recently, or twenty US dollars.

To the fullest extent allowed by law, Sellsmith and its operators will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, lost sales, lost data, or business interruption, arising out of or related to your use of the Service, even if we were advised such damages were possible.

To the fullest extent allowed by law, our total liability for all claims relating to the Service is limited to the greater of the amount you paid Sellsmith in the three months before the event behind the claim, or twenty US dollars. Some places do not allow certain limits, so parts of this section may not apply to you.

10. Ending your use

You can leave anytime. We can suspend accounts that break these terms.

You can stop using the Service at any time, and you can ask us to close your account by contacting us. We may suspend or end your access if you break these terms, misuse the Service, or create risk or legal exposure for us or other users. If we close your account without cause and you hold unused paid credits, we will make a reasonable effort to refund the unused portion.

Sections that should naturally outlast your account, such as acceptable use, ownership, no warranties, and the liability limits, continue to apply after your use ends.

11. Changes to the Service and these terms

We may update the Service and these terms. We will change the date at the top when we do.

We may update, change, or discontinue parts of the Service over time, and we may update these terms. When we make a material change, we will update the date at the top of this page. If you keep using the Service after a change takes effect, that means you accept the updated terms. If you do not agree, please stop using the Service.

12. Contact

Questions about these terms? Email us.

If you have questions about these terms, contact us at protoniskis@proton.me.