ResellBestie

Terms of Service

Last updated: 2026-06-05

These Terms of Service ("Terms") govern your access to and use of ResellBestie's mobile application, website at resellbestie.com, and related services (collectively, the "Service"), operated by Ken Shum, doing business as ResellBestie ("we", "us", "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old to use the Service. By creating an account you represent that you are 18 or older and have the legal capacity to enter into these Terms.

2. Your account

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately at support@resellbestie.com if you suspect unauthorized use.

One person, one account. You may not share, rent, or transfer your account to another person.

3. Subscriptions, items, and billing

ResellBestie offers a Free tier and paid subscription tiers (currently "Casual" and "Pro"), billed monthly through Apple In-App Purchase or Google Play Billing. Additional item top-up packs are available as one-time in-app purchases.

  • Items are the unit of usage. One item is a single captured find together with its finished listing kit (AI-generated title, description, and price, plus marketplace prep). Editing, re-prepping, and posting that item to multiple marketplaces are all included — it still counts as one item.
  • Included items: each tier includes a set number of items (the Free tier a one-time allotment; paid tiers a monthly allotment). Current allowances are shown in the app at the time of purchase and may change with 30 days' notice.
  • Overage: if you use more than your tier's included items, you may purchase additional item top-up packs as one-time in-app purchases. Included monthly items do not roll over to the next billing period.
  • Billing is handled entirely by Apple App Store or Google Play. Manage or cancel your subscription in your device's subscription settings. We do not have access to your payment card details.
  • Refunds are subject to Apple's and Google's refund policies. We do not separately issue refunds for in-app purchases.
  • Price changes: we may change pricing for new subscription periods with at least 30 days' notice. Your current billing period is charged at the price you agreed to. Introductory founding-member pricing, where offered, remains locked for as long as the qualifying subscription stays active and is not cancelled.

4. Your content

You retain all rights to the photos, listings, and other content you create or upload to the Service ("Your Content"). You grant us a non-exclusive, worldwide, royalty-free license to host, store, transmit, process, and display Your Content solely to provide the Service to you and to derive aggregated, anonymized statistics as described in our Privacy Policy. This license ends when you delete Your Content or your account, subject to our data retention practices.

You represent that you own or have the necessary rights to all content you upload and that Your Content does not infringe any third party's rights or violate any law. Do not upload content depicting illegal items or infringing intellectual property.

5. Acceptable use

You agree not to:

  • List items you do not own or are not authorized to sell
  • List items that are illegal to sell in your jurisdiction (regulated goods, stolen property, counterfeits, hazardous materials, etc.)
  • Use the Service to harass, defraud, deceive, or harm others
  • Attempt to reverse engineer, scrape, copy, or programmatically access the Service except via channels we explicitly provide
  • Share, resell, sublicense, or transfer your access to the Service
  • Circumvent rate limits, item metering, subscription checks, or other technical or billing restrictions
  • Upload or transmit viruses, malware, or other malicious or harmful code
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity

We reserve the right to investigate violations and to suspend or terminate accounts engaged in prohibited conduct, without liability to you.

6. AI-generated content

The Service uses third-party AI providers (currently Anthropic and Google) to identify items and generate listing copy. AI output is generated automatically and may contain inaccuracies, including incorrect item identification, condition assessments, pricing, or descriptions. You are solely responsible for reviewing all AI-generated content before publishing it to any marketplace. We make no guarantee that AI output is accurate, complete, current, or fit for any particular purpose.

AI-generated pricing suggestions are for convenience only. They do not constitute a professional appraisal, valuation, or financial advice of any kind. Market values fluctuate; verify pricing independently before making any selling decision.

7. Connected marketplaces

When you connect an external marketplace account (such as eBay), you authorize the Service to make API calls on your behalf to create, modify, end, and check the status of listings you initiate through the Service. The Service is not affiliated with, sponsored by, or endorsed by any external marketplace. Each marketplace has its own terms of service governing your use of their platform, and you are solely responsible for complying with them. We are not responsible for any action a marketplace takes against your seller account.

8. No professional advice

The Service is a productivity tool for individual resellers. Nothing in the Service or these Terms constitutes legal, financial, tax, accounting, investment, or professional appraisal advice of any kind. Do not rely on the Service as a substitute for qualified professional advice specific to your situation. We expressly disclaim any liability arising from reliance on Service output as professional advice.

9. Service availability

We work to keep the Service available and functioning correctly, but we make no guarantee of uptime, accuracy, or fitness for any purpose. The Service is provided "as is" and "as available." We may modify, suspend, or discontinue any feature or the entire Service at any time with reasonable notice where practicable.

10. Termination

You may delete your account at any time in the app. We may suspend or terminate your account for violation of these Terms or applicable law. We will provide notice where doing so would not prevent harm or compromise a security investigation. On termination, your right to use the Service ends immediately. Your Content will be handled as described in our Privacy Policy.

11. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED ACCESS. WE DO NOT WARRANT THAT THE SERVICE WILL BE FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY; IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content; (b) your use of the Service; (c) your violation of these Terms; (d) your violation of any law or the rights of any third party; or (e) your sale or attempted sale of counterfeit, prohibited, or infringing items through the Service.

14. Binding arbitration and class action waiver

Please read this section carefully — it significantly affects your legal rights, including your right to file a lawsuit in court.

Informal resolution first. Before initiating any arbitration or legal proceeding, you agree to email legal@resellbestie.com with a written description of the dispute and the relief you seek, and give us 60 days to attempt informal resolution. Both parties agree to negotiate in good faith during this period.

Binding arbitration. If the dispute is not resolved informally, you and we agree to resolve it exclusively through final, binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at adr.org), rather than in court. The arbitrator — not a judge or jury — will decide the dispute. The arbitrator may award the same relief a court could award, including injunctive or declaratory relief, but only on an individual basis. The arbitration will be conducted in Alameda County, California, or by phone or video at your election.

Exceptions. Either party may bring an individual claim in small claims court if the claim qualifies under that court's rules. Either party may also seek emergency injunctive relief from a court solely to prevent irreparable harm pending arbitration. Nothing in this section prevents reporting violations to government agencies or regulators.

Class action waiver. YOU AND WE EACH AGREE TO BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If a court of competent jurisdiction finds this class action waiver unenforceable as to a particular claim, that claim will be severed and proceed in court while all other claims remain subject to arbitration.

15. DMCA and copyright

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content available through the Service infringes your copyright, please send a written notice to our designated agent at legal@resellbestie.com that includes all of the following:

  • A description of the copyrighted work you claim has been infringed
  • A description of the infringing material and enough information to allow us to locate it within the Service
  • Your name, mailing address, telephone number, and email address
  • A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
  • A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
  • Your physical or electronic signature

We will process valid notices promptly and consistent with applicable law. If you believe content was removed in error, you may send a counter-notification to the same address meeting the requirements of 17 U.S.C. § 512(g). Repeat infringers may have their accounts terminated.

16. Force majeure

Neither party is liable for any failure or delay in performance to the extent caused by circumstances beyond that party's reasonable control, including natural disasters, pandemic or epidemic, war, terrorism, civil unrest, governmental action or regulation, strikes or labor disputes, power outages, internet or telecommunications infrastructure failures, or failures of third-party service providers (including AI model providers, cloud infrastructure providers, or marketplace API providers).

17. Miscellaneous

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will continue in full force.

Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements, representations, or understandings, whether written or oral.

Waiver. Our failure to enforce any right or provision of these Terms on any occasion is not a waiver of that right for future occasions.

No third-party beneficiaries. These Terms do not and are not intended to confer any rights or remedies on any third party.

Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without your consent in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets, provided the assignee agrees to be bound by these Terms.

Notices. We may provide notices to you by posting in the app or by email to the address associated with your account. You may provide notices to us by email to legal@resellbestie.com.

18. Changes to these Terms

We may update these Terms from time to time. We will provide at least 30 days' advance notice of material changes by posting in the app, emailing your registered address, or both. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you may delete your account before the effective date.

19. Governing law

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Subject to Section 14 (Binding Arbitration and Class Action Waiver), any dispute not subject to arbitration will be resolved exclusively in the state or federal courts located in Alameda County, California, and each party irrevocably consents to personal jurisdiction and venue in those courts.

20. Contact

Questions about these Terms: legal@resellbestie.com
General support: support@resellbestie.com