Last updated: 29 July 2026
These Terms of Service apply to SuperFlip users worldwide, including in Australia and the United States. They are a legally binding agreement between you and SuperFlip. Mandatory consumer protections in your place of residence may still apply where they cannot lawfully be excluded. Where marketing, FAQ, sales or support language appears more generous than these Terms, these Terms control to the maximum extent permitted by law.
These Terms of Service ("Terms") govern your access to and use of the SuperFlip website, applications, dashboard, APIs, tools, alerts, notifications, content, documentation and related services (collectively, the "Service" or the "Platform"). By accessing or using the Service, creating an account, starting a trial, clicking to accept, or purchasing a subscription, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.
If you are using the Service on behalf of a company, partnership, trust or other legal entity, you represent and warrant that you are authorised to bind that entity to these Terms, and "you" includes that entity. If you do not agree to these Terms, you must not access or use the Service.
These Terms apply to the entire SuperFlip Platform, including public marketing pages, account registration, free and paid plans, the customer dashboard, notifications, beta features and any feature we make available under the SuperFlip name. You agree that these Terms may be accepted electronically and that electronic records and signatures have the same legal effect as paper documents and ink signatures to the extent permitted by applicable law (including electronic transactions legislation in Australia and the US E-SIGN Act / UETA where applicable).
We may refuse service, close accounts, or limit access in our sole discretion where permitted by law, including where we reasonably believe use would violate these Terms, applicable law, third-party platform rules, or create risk for SuperFlip, other users or infrastructure.
In these Terms, "SuperFlip", "we", "us" and "our" refer to the operator of the Service based in Australia, and "you" or "your" refers to the person or entity using the Service. The Service is designed for resellers and online sellers globally, but is operated from Australia. Primary markets include Australia and the United States; availability elsewhere does not change governing law (Section 21).
Without limiting other defined terms in these Terms:
Our contact email for questions about these Terms is support@superflip.ai.
You may use the Service only if you are at least 18 years old (or the age of majority in your jurisdiction, if higher) and legally capable of entering into a binding contract under the laws that apply to you. By using the Service, you represent and warrant that you meet these requirements and that you are not barred from using the Service under applicable law (including sanctions and export laws described in Section 19).
To access certain features, you must register for an account. You agree to provide accurate, current and complete information, and to keep it up to date. You are solely responsible for all activities that occur under your account and for maintaining the confidentiality and security of your login credentials, authentication factors and any API keys or access tokens we issue. You must promptly notify us if you suspect any unauthorised use of your account. We are not liable for losses arising from unauthorised use where you failed to keep credentials secure, except to the extent Non-Excludable Rights require otherwise.
One natural person or business may maintain only the number of accounts we expressly allow for your plan. Creating multiple accounts to circumvent plan limits, bans, trials, fair-use rules, rate limits or billing is prohibited. Sharing credentials, selling or renting access, or operating "shared seats" beyond plan entitlements is prohibited. We may require identity, payment, business or other verification at any time and may suspend access until verification is completed to our reasonable satisfaction.
SuperFlip is a software and data tool (SaaS) offered to users globally. We provide scanning, analytics, tracking, reporting and alerting features intended to help resellers identify and evaluate potential buying and reselling opportunities on third-party Marketplaces. This may include surfacing listings, estimating resale prices, showing historical sales data, demand signals, fees and expected profit ranges, sending alerts, and related product analytics. Feature availability may vary by plan, geography, account status, technical capability and third-party constraints.
Fees you pay are solely for the opportunity to access the Service and its features for the applicable plan period, subject to these Terms (including availability, fair use, plan limits and third-party dependencies). Payment is not payment for profits, deals completed, inventory purchased, sales closed, a minimum number of alerts, continuous uptime, complete Marketplace coverage, data accuracy, or any business outcome. We are not your business partner, joint venturer, agent, broker or fiduciary and do not share in your profits or losses.
The Service does not buy or sell items on your behalf, does not hold inventory, and does not act as your agent, broker, financial advisor, tax advisor, legal advisor or marketplace. Any examples of deals, statistics, case studies, earnings figures or testimonials (including figures relating to "profitable flips", "average profit", weekly or monthly income, or similar language) are illustrative only, based on limited or historical data, and do not guarantee that you will achieve the same or any results.
We may change, add, remove, suspend, reconfigure or discontinue any feature, plan limit, scan frequency, alert channel, Marketplace coverage, data source, algorithm, UI, integration or pricing structure at any time, with or without notice, where permitted by law. We may migrate, rebrand or restructure the Service. Beta, experimental, preview or early-access features may be incomplete, unstable, inaccurate or withdrawn without liability and without credit or refund.
You remain solely responsible for your buying and selling decisions, pricing, negotiation with buyers and sellers, logistics, capital, tax obligations and compliance with all applicable laws and Marketplace rules in every jurisdiction where you operate.
You may pay for the Service and still make no money. SuperFlip does not guarantee that you will find deals, receive any particular volume or quality of deal alerts, purchase inventory, complete flips, earn profit, recover your subscription Fees, or achieve any particular financial or business outcome.
Without limiting the above, we do not guarantee:
Many factors outside our control affect results and alert volume, including (without limitation) your capital, time, category knowledge, negotiation skill, location, competition, Marketplace supply and demand, shipping and fees, platform policy changes, item condition, third-party outages, incomplete Marketplace visibility, ranking and personalisation systems, anti-bot measures, and your decision whether or not to act on any alert.
Profit estimates, "verified profit" figures, sold comps, demand signals, analytics and tracking metrics are informational tools and product features only. They are estimates derived from third-party and historical data that may be incomplete, delayed, inaccurate, non-representative or inapplicable to a specific listing. They are not a warranty, prediction, appraisal, valuation or promise that you will realise that amount (or any amount) if you buy or sell an item. Display of a metric does not mean the underlying data is complete or current.
To the maximum extent permitted by law, you acknowledge and agree that:
The information and insights provided through the Service are general information only and are based on data from third-party sources that may be incomplete, delayed or inaccurate. The Service does not take into account your personal objectives, financial situation or needs.
Nothing in the Service constitutes financial product advice, investment advice, legal advice, accounting advice or tax advice. You should obtain independent professional advice before making decisions about buying or selling items, operating a business, or dealing with taxation or regulatory obligations. You acknowledge that you use the Service at your own risk and that we are not responsible for decisions you make based on Content.
You must use the Service in a lawful, reasonable manner and only for its intended purpose: managing your own reselling workflow. You agree that you will not (and will not permit any third party to):
Plans include limits (for example concurrent searches, scan cadence, alert volume, export volume or team seats). We may apply fair-use limits, throttle, pause, re-prioritise or reconfigure accounts that place abnormal load on the Platform, even within a stated plan, if we reasonably believe use is abusive, automated beyond intended use, shared beyond entitlements, or harmful to other customers or infrastructure. Stated plan numbers are not SLAs and may be adjusted for operational reasons.
We may investigate suspected abuse and may, without prior notice where we reasonably consider it necessary: warn you; throttle or suspend features; reset or remove content; require verification; suspend or permanently terminate accounts; refuse future service; block payment methods or identifiers associated with abuse; and/or pursue legal remedies. Suspension or termination for breach of this Section does not entitle you to a refund, credit or extension. Our failure to enforce any restriction is not a waiver.
The Service inherently depends on third-party platforms - especially Meta / Facebook Marketplace - and on other third-party services such as cloud hosting, data providers, analytics, messaging, identity and payment providers. We do not control these third parties and are not responsible for their content, availability, performance, blocking, rate-limiting, ranking, personalisation, feed behaviour, A/B experiments, outages, data quality or policies.
We cannot and do not guarantee complete visibility of every listing. Marketplace content is dynamic, personalised and often partially opaque. Listings may not appear in the data sources we can access, may appear only briefly, may be restricted by geography, age, account type, experiment cohorts, ranking algorithms, CAPTCHAs, anti-bot measures, login walls, privacy settings, outages or policy enforcement, or may be removed before our systems can process them. If we do not see a listing, we cannot notify you about it. Missed listings, delayed discovery, partial coverage and false or stale signals are inherent limitations of the Service - not defects that create a refund, credit, SLA credit or damages right.
Outages, API changes, terms changes, CAPTCHAs, geographic restrictions, enforcement actions, deplatforming of data access methods, or deliberate anti-scraping measures by third parties may reduce, degrade or interrupt deal discovery and alerts permanently or temporarily. That risk is inherent to the Service and does not create a refund right, price reduction, guaranteed service timeline or obligation for us to restore any particular data source.
Your use of any third-party platform or service is subject to that third party's terms and policies. You are solely responsible for complying with those terms, and for ensuring that your use of the Service does not cause you to breach them. References to third-party platforms do not imply endorsement, partnership, sponsorship or affiliation. Facebook / Meta is an independent third party and is not associated with, endorsed by or a sponsor of SuperFlip. SuperFlip is not an official Meta product and is not affiliated with Meta Platforms, Inc.
The Service may contain links to third-party websites or resources. We are not responsible for the content, products or services on or available from those sites or resources, and links do not imply endorsement.
The Service is provided on an "as available" basis. We do not offer a service level agreement (SLA), uptime guarantee, response-time guarantee, support response guarantee or availability commitment unless we enter a separate written enterprise agreement signed by an authorised SuperFlip representative that expressly says otherwise.
The Platform may be unavailable, slow, degraded, inaccurate or partially functional from time to time, including due to maintenance, deployments, bugs, capacity limits, infrastructure failures, third-party outages, internet issues, force majeure events, security incidents, abuse mitigation or other causes. Scheduled or emergency maintenance may occur with or without notice. We may prioritise stability, security or cost over feature completeness at our discretion.
Downtime, degraded performance, missed scans, delayed or missing alerts, data gaps, or inability to use the Service does not entitle you to a refund, credit, extension or damages, except to the extent Non-Excludable Rights require otherwise. Your sole remedy for dissatisfaction with availability is to stop using the Service and cancel future renewals as permitted in Section 10.
From time to time we may offer free trials, beta access, promotional pricing or paid subscriptions to the Service. Specific pricing, billing cycles, taxes and renewal terms will be described at the point of sign-up or upgrade and form part of these Terms for the relevant offering. We may change pricing prospectively for renewal periods with notice where required by law.
Unless otherwise stated, paid subscriptions renew automatically at the end of each billing period using the payment method you provide, until you cancel. You can usually cancel through your account settings or by contacting us before the next renewal date. Where required by law, we will provide you with notice of any material price changes or changes to your subscription terms. Cancellation stops future renewals; it does not entitle you to a refund of Fees already paid for the current or any prior period, and does not relieve you of amounts already due.
Subscription and usage Fees pay for the opportunity to access software, scanning capacity, alerts and related features under your plan, subject to these Terms. Fees are earned when charged and are due regardless of whether you log in, configure searches, receive alerts, act on alerts, buy inventory, sell inventory, make a profit, experience downtime, or experience incomplete Marketplace coverage.
Fees are exclusive of taxes unless stated otherwise. You are responsible for all applicable taxes, duties and governmental charges associated with your purchase (other than taxes based on our net income), including GST, sales tax, VAT or similar where applicable. We may collect and remit taxes where legally required. You are solely responsible for taxes arising from your reselling activity.
To the maximum extent permitted by law, all Fees are non-refundable once charged.You are not entitled to a refund, pro-rata refund, credit, chargeback or other compensation in any of the following circumstances (without limitation):
Free plans and free trials (if offered) exist so you can evaluate the Service before paying. Paid plans are offered on a paid-access basis, not a satisfaction guarantee, money-back guarantee or performance guarantee.
We may, in our sole and absolute discretion, offer a refund, credit, extension or other accommodation in individual cases as a goodwill gesture. Doing so once (or many times) does not create a policy, right, expectation, course of dealing or obligation to do so again for you or anyone else. Any discretionary refund is limited to Fees paid to us for the Service and never includes lost profits, inventory losses, opportunity cost or consequential loss.
We do not guarantee any refund decision timeframe or payment timeline. If we choose to consider a goodwill request, review and (if granted) processing may be delayed by support volume, payment processors, banks, chargeback windows, identity verification, technical investigation, incomplete information from you, or other operational factors. Missed listings, delayed alerts or Facebook / third-party limitations do not create a right to expedited review or any refund.
Where marketing, FAQ, Pricing pages, Contact pages, ads, support chat, email, social media or other communications appear to promise a refund, satisfaction guarantee, "we win when you win" outcome, or similar, those statements are subordinate to this Section 10. These Terms control. No employee, contractor or agent may grant a contractual refund right unless confirmed in a written instrument signed by an authorised SuperFlip representative that expressly overrides this Section for a named customer.
Nothing in these Terms excludes, restricts or modifies Non-Excludable Rights. Where those rights apply and cannot be limited further, our liability is limited as set out in Section 15. Outside those rights, this no-refund policy applies in full.
If you are a consumer in a jurisdiction that requires a cooling-off period, statutory warranty, or mandatory refund for digital services in defined circumstances, those mandatory rights apply only to the extent required by that law and only for those circumstances. They do not expand into a general right to a refund for lack of profit, missed Facebook listings, alert volume, downtime, feature changes or general dissatisfaction.
If you believe a charge is in error, contact us first at support@superflip.ai so we can review it. Initiating a chargeback or payment dispute without a good-faith attempt to resolve the issue with us may result in immediate suspension or termination of your account and may be treated as a material breach. We may contest chargebacks and provide evidence of your agreement to these Terms, usage logs, IP/device data and billing history. You remain responsible for any unpaid amounts, plus reasonable costs we incur recovering them (including payment processor fees, bank fees and reasonable legal costs) to the extent permitted by law. Fraudulent or abusive chargebacks may be reported to payment networks and law enforcement where appropriate.
Free plans and trials, if offered, are provided so you can evaluate whether the Service is useful before paying. Trial conversion to a paid plan is subject to the pricing shown at conversion. Cancel before a trial ends if you do not want to be charged, where a trial is offered with that condition. Failure to cancel a trial in time is not grounds for a refund. We may modify or withdraw free plans and trials at any time.
If a payment fails, we may retry the charge, suspend access, and/or terminate the subscription. You authorise us and our payment processors to store and use your payment method for renewals, retries and amounts you owe. You must keep payment details current.
We own or licence all intellectual property rights in and to the Service, including all software, algorithms, models, ranking systems, user interface elements, text, graphics, logos, trademarks, trade dress, databases, compilations, documentation and any Content we provide (other than your User Content). Nothing in these Terms transfers ownership of any SuperFlip IP to you.
Subject to your compliance with these Terms and timely payment of applicable Fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service solely for your internal business purposes during your active subscription or free access period. This licence does not include any right to: (a) copy, modify or create derivative works of the Service except as incidental to ordinary use of the UI; (b) distribute, sell, lease, rent or publicly display the Service or Content; (c) access the Service to build a competing product; (d) remove proprietary notices; or (e) use SuperFlip trademarks without prior written consent.
You retain ownership of User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use, host, store, reproduce, modify, adapt, publish, translate and create derivative works from that content as reasonably necessary to operate, secure, improve and provide the Service (for example, to train and refine models, generate aggregated or anonymised metrics, debug issues and develop new features), in accordance with our Privacy Policy. You represent that you have all rights needed to grant this licence and that User Content does not violate law or third-party rights.
If you provide feedback, suggestions, ideas, feature requests, bug reports or other input about the Service ("Feedback"), you assign to SuperFlip all right, title and interest in and to that Feedback (including all intellectual property rights), or, where assignment is not effective, you grant SuperFlip a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable licence to use and exploit the Feedback for any purpose without obligation, attribution or compensation to you. You waive (to the extent permitted by law) any moral rights in Feedback.
Aggregated, de-identified or anonymised data derived from use of the Service is owned by SuperFlip and may be used for any lawful purpose, including product improvement, research and commercial analytics.
We handle personal information in accordance with our Privacy Policy, which forms part of these Terms. By using the Service, you consent to our collection, use and disclosure of personal information as described in the Privacy Policy, including transfers of personal information outside your country of residence where necessary to provide the Service.
You are responsible for ensuring that any personal information you submit (including about third parties) is lawful for you to provide. We may retain logs, account metadata, billing records, device identifiers, IP addresses and usage data as needed to operate the Service, enforce these Terms, prevent fraud and meet legal, tax and accounting obligations. We may retain data after account closure as described in the Privacy Policy and as required or permitted by law.
You consent to receive service-related communications electronically (including email, in-product notices and push notifications if enabled), such as billing notices, security alerts, policy updates and operational messages. Marketing communications will be sent where permitted by law and you may opt out of marketing as described in the Privacy Policy or the message itself; opting out of marketing does not opt you out of transactional or service messages necessary to provide the Service.
We do not guarantee that the Service is free of viruses or other harmful components. You are responsible for implementing appropriate security for your systems and for backing up any data you need.
We may offer alpha, beta, preview or experimental features. Those features are provided solely for evaluation, may be subject to additional terms, and are provided "as is" without any warranty. They may be modified or discontinued at any time without notice and without liability, refund or credit. Production SLAs (if any existed, which they do not under standard plans) do not apply to beta features. Confidential information about unreleased features must not be disclosed without our prior written consent.
To the maximum extent permitted by law and subject to Section 15 below, the Service and all Content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied or statutory. We do not guarantee that the Service will be uninterrupted, secure or error-free, or that any particular results (including levels of profit, sales volume, deal availability, alert volume, complete listing coverage or recovery of subscription Fees) will be achieved through use of the Service.
Data, analytics, tracking metrics and estimates presented in the Service are based on historical and third-party information and may be incomplete, incorrect, delayed or unavailable. Listings may be removed or sold, platforms may change their rules or APIs, and market conditions may change without notice. You acknowledge that we are not responsible for the actions or omissions of third parties (including Meta / Facebook, payment processors, hosting providers and other users), and that you rely on the Service at your own discretion and risk.
Without limiting Section 5, and to the maximum extent permitted by applicable law (including under the laws of Australia and the United States), we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement, quiet enjoyment, and any warranty arising from course of dealing or usage of trade. We expressly disclaim any warranty or representation that the Service is fit for generating income, profit or a return on subscription Fees, or that it will perform to any particular standard of alert quality, Marketplace coverage or uptime. Your reselling activity is an independent commercial activity for which you alone are responsible.
No advice or information, whether oral or written, obtained from SuperFlip or through the Service, creates any warranty not expressly stated in these Terms.
Nothing in these Terms is intended to exclude, restrict or modify Non-Excludable Rights. To the extent permitted by law (including under the Australian Consumer Law where it applies), our liability in respect of any Non-Excludable Rights is limited, at our option, to resupplying the relevant services or paying the cost of having the services resupplied.
Subject to the paragraph above and to the maximum extent permitted by law, we (and our directors, officers, employees, contractors, agents, suppliers and licensors) will not be liable for any indirect, incidental, special, consequential, exemplary or punitive loss or damage, or any loss of profits, revenue, goodwill, data, business opportunities, inventory, or capital deployed in buying or selling goods, cost of substitute services, business interruption, or personal injury arising from use of the Service, whether arising in contract, tort (including negligence), equity, statute or otherwise, even if advised of the possibility of such damages - including where you paid for the Service and did not make money, received no useful alerts, missed listings due to third-party limitations, or experienced downtime, bugs or data errors.
To the extent we are liable to you and that liability is not otherwise limited or excluded by this Section, our aggregate liability for all claims arising out of or in connection with the Service and these Terms is limited to the greater of: (a) the total Fees you paid to us for the Service in the 12 months immediately preceding the event giving rise to the claim; and (b) AUD $100 (or the equivalent in USD at the time of the claim).
Multiple claims will not enlarge this limit. The limitations in this Section apply regardless of the form of action and even if any limited remedy fails of its essential purpose, to the maximum extent permitted by law.
Some US states (and some other jurisdictions) do not allow the exclusion of certain warranties or the limitation of certain damages. In those places, some of the above limitations may not apply to you, but only to the minimum extent required by that law.
To the extent permitted by law, you agree to defend, indemnify and hold harmless SuperFlip and our directors, officers, employees, contractors, agents and licensors from and against any claim, demand, action, loss, liability, damage, cost or expense (including reasonable legal fees and investigation costs) arising out of or in connection with: (a) your use of the Service; (b) your buying, selling, pricing, logistics, employment or tax decisions; (c) your User Content; (d) your breach of these Terms; (e) your violation of any applicable law or the rights of any third party (including Marketplace terms); (f) any chargeback, payment dispute or claim you initiate that is inconsistent with these Terms; or (g) any dispute between you and a buyer, seller, Marketplace or other third party. We may assume exclusive defence of any matter subject to indemnification at your expense; you may not settle any claim that imposes obligation on SuperFlip without our prior written consent.
You may stop using the Service at any time and may cancel future renewals as described in Section 10. Cancellation or voluntary termination does not entitle you to a refund of Fees already paid and does not extinguish accrued obligations.
We may suspend or terminate your access to the Service (including any account) at any time, with or without notice, if we reasonably believe you have breached these Terms, your use poses a security, legal, reputational or operational risk to us or other users, we are required to do so by law or a third party, payment fails, verification is not completed, or we decide to discontinue the Service (in whole or in part) or your plan. We may also terminate or suspend for convenience where permitted by law; if we terminate for convenience and not for your breach, any refund of prepaid unused Fees (if any) is at our sole discretion unless Non-Excludable Rights require otherwise.
Upon termination, your right to access and use the Service will cease immediately. We may delete, disable or retain account data in accordance with our Privacy Policy and operational needs. We have no obligation to export or return data to you except as required by Non-Excludable Rights or as we choose to offer as a convenience. Sections of these Terms which by their nature should survive termination (including Sections 5–8, 10–16, 18–22) will continue to apply.
We are not liable for any failure or delay in performing our obligations where that failure or delay results from circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transport, facilities, fuel, energy, labour or materials, internet or telecommunications failures, cloud provider outages, cyberattacks, third-party Marketplace or API failures or policy changes, pandemics, epidemics, or government action. Such events do not create a refund right, SLA credit or obligation to extend subscription terms.
You may not use, export, re-export or access the Service in violation of applicable export control, sanctions or trade laws of Australia, the United States or other relevant jurisdictions. You represent that you are not located in, organised under the laws of, or ordinarily resident in any country or region subject to comprehensive sanctions, and that you are not a denied or restricted party under applicable sanctions lists. You will not use the Service for any prohibited end use under export or sanctions laws. We may suspend or terminate access where we reasonably believe continued service would violate such laws.
Public marketing materials, website copy, FAQ answers, Pricing page language, Contact page language, advertisements, social media posts, blog posts, guides, case studies, testimonials, sales emails, chat scripts and support statements are promotional or informational only. To the maximum extent permitted by law, they do not amend these Terms, do not create warranties, and do not create contractual refund, earnings, coverage or uptime obligations. If there is any conflict between marketing materials and these Terms, these Terms prevail.
These Terms, together with the Privacy Policy and any plan-specific pricing or feature descriptions shown at the time of purchase (as limited by these Terms), constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements, proposals, negotiations and representations on that subject (except a written enterprise agreement signed by an authorised SuperFlip representative that expressly overrides these Terms for a named customer).
You acknowledge that you have not relied on any representation, warranty or statement not expressly set out in these Terms, except to the extent Non-Excludable Rights prohibit that acknowledgment. Headings are for convenience only and do not affect interpretation. The words "including" and "for example" mean "including without limitation".
These Terms are governed by the laws in force in New South Wales, Australia, without regard to conflict-of-law rules that would require application of another jurisdiction's laws. Subject to Non-Excludable Rights and the remainder of this Section, the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia in relation to any dispute arising out of or in connection with the Service or these Terms.
Primary markets. The Service is offered globally, with early focus on users in Australia and the United States. Regardless of where you access the Service, these Terms apply. If you access the Service from outside Australia, you do so on your own initiative and are responsible for compliance with local laws that apply to you (including tax, reselling and Marketplace rules). Availability of the Service in a jurisdiction does not mean we warrant compliance with all local product or consumer rules beyond Non-Excludable Rights.
Good-faith dispute resolution. Before filing a formal claim in court, you agree to contact us at support@superflip.ai with a written description of the dispute and attempt to resolve it in good faith for at least 30 days. This process does not limit any Non-Excludable Rights, interim injunctive relief we may seek to protect IP or security, or claims for unpaid Fees.
Australian users. If you are a consumer in Australia, Non-Excludable Rights under the Australian Consumer Law continue to apply as described in Sections 10.5 and 15. Our goods and services come with guarantees that cannot be excluded under the ACL where that law applies; nothing in these Terms is intended to exclude those guarantees beyond what the ACL allows.
United States users. If you are located in the United States, you additionally acknowledge that: (a) the Service is provided for a fee as software access, not as a guaranteed income opportunity; (b) to the fullest extent permitted by US federal and state law, the disclaimers and limitations in Sections 5, 9, 10, 14 and 15 apply; and (c) any claim you bring in a US court (if a court accepts jurisdiction notwithstanding the Australian choice of law) remains subject to the liability caps and exclusions in these Terms to the maximum extent that court will enforce. Nothing here requires you to waive rights that US law makes non-waivable for consumers in your state.
Class action and representative proceeding waiver (to the extent enforceable). To the maximum extent permitted by applicable law, you and SuperFlip agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. If a court or tribunal of competent jurisdiction determines that this waiver is unenforceable as to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) may proceed on a class or representative basis, and the remainder of these Terms will continue in full force. This waiver does not limit Non-Excludable Rights that cannot be waived, including any non-waivable rights under Australian law.
Jury trial waiver (US, to the extent enforceable). To the maximum extent permitted by applicable law, if a dispute is heard in a court in the United States, you and SuperFlip waive any right to a jury trial. If this waiver is held unenforceable in a particular forum, it will be severed as to that forum only.
Because the Service is available globally, other mandatory consumer protection, privacy or digital-services laws in your country or state of residence may also apply. These Terms do not limit any protections you are entitled to under such laws where it would be unlawful to do so.
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will continue in full force. Our failure to enforce any right is not a waiver of that right. You may not assign or transfer these Terms without our prior written consent; any attempted assignment in violation of this sentence is void. We may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganisation or sale of assets. There are no third-party beneficiaries to these Terms except SuperFlip's indemnified parties under Section 16 to the extent needed to enforce indemnities. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and SuperFlip.
You agree that any claim arising out of or related to these Terms or the Service must be filed within one (1) year after the claim accrued, or be permanently barred, except where a longer period is required by Non-Excludable Rights or other mandatory law that cannot be shortened by contract.
We may update these Terms from time to time to reflect changes to the Service, our business or applicable laws. When we make material changes, we will take reasonable steps to notify you (for example, by updating the "Last updated" date at the top of this page, posting a notice on our website, displaying an in-product notice, or sending you an email). Except where Non-Excludable Rights or other mandatory law require otherwise, changes take effect on the stated effective date or, if none, when posted. Your continued use of the Service after any changes take effect will constitute your acceptance of the updated Terms. If you do not agree, you must stop using the Service and cancel future renewals before the effective date.
If you have any questions about these Terms or the Service, please contact us at support@superflip.ai.